Part 1 Preliminary

Part 1 Preliminary

1 Name of regulation

1 Name of regulation

This regulation is the Water Management (General) Regulation 2025.

2 Commencement

2 Commencement

This regulation commences on 1 September 2025.

Note—

This regulation replaces the Water Management (General) Regulation 2018 (the 2018 Regulation) in relation to all matters other than water supply authorities. See the Water Management (Water Supply Authorities) Regulation 2025 for replacement of the 2018 Regulation in relation to water supply authorities. The 2018 Regulation is repealed on 1 September 2025 by the Subordinate Legislation Act 1989, section 10(2).

3 Definitions

3 Definitions

The dictionary in Schedule 13 defines words used in this regulation.

Note—

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this regulation.

4 Definition of “minor stream” and “Strahler system”

4 Definition of “minor stream” and “Strahler system”

(1) In this regulation, minor stream means—

(a) a stream for which the location is specified in the hydro line spatial data and that has the following characteristics—

(i) is identified as a first or second order stream under the Strahler system,

(ii) does not maintain a visible flow occurring on a continuous basis, or that would occur if there were no artificial extractions of water or obstruction, of flow upstream,

(iii) does not carry flows emanating from a third or higher order stream under the Strahler system, or

(b) a stream for which the location is not specified in the hydro line spatial data.

(2) A stream is specified in the hydro line spatial data if the stream is identified as a watercourse, however described, in accordance with the legend or terms of the hydro line spatial data.

(3) The method of determining the stream order of a minor stream is the Strahler system.

(4) The Strahler system is as follows—

(a) a watercourse with no other watercourses flowing into the watercourse is classed as a first order stream,

(b) if 2 streams join of different orders, the resulting stream is the same order as the higher order of the 2 streams,

(c) if 2 streams join of the same order, the resulting stream is the order higher than the order of the 2 streams.

Example—

In the diagram below—

(a) if 2 first order streams join, the stream becomes a second order stream (2), and

(b) if a second order stream is joined by a first order stream, the second order stream remains a second order stream, and

(c) if 2 second order streams join, both second order streams form a third order stream (3), and

(d) if a third order stream is joined by a first or second order stream, the third order stream remains a third order stream, and

(e) if 2 third order streams join, both third order streams form a fourth order stream.

(5) In this section—

hydro line spatial data means the Water Management (General) Regulation Hydro Line spatial data, published on the Department’s website.

stream includes part of a stream.

5 Definition of “river”

5 Definition of “river”

For the Act, Dictionary, definition of river, paragraph (c), the waters described in Schedule 1 are declared to be rivers.

6 Definition of “floodplain”

6 Definition of “floodplain”

(1) For the Act, Dictionary, definition of floodplain, the lands described in Schedule 2, Part 1, are declared to be floodplains.

(2) For the Act, Schedule 9, clause 12, only floodplains designated under the 1912 Act, Part 8 that are described in Schedule 2, Part 2 are floodplains for the purposes of the Act.

Part 2 Water management planning

Part 2 Water management planning

7 Management plans—additional matters

7 Management plans—additional matters

For the Act, section 17(e), a management plan may, in relation to a water management area or water source to which the management plan applies, contain provisions about savings and transitional matters consequent on the making, amendment, repeal or consolidation of the management plan.

8 Water sharing planning provisions—withdrawal of water allocations from accounts

8 Water sharing planning provisions—withdrawal of water allocations from accounts

(1) For the Act, section 21(c), the water sharing planning provisions of a management plan may deal with the withdrawal of water from a water allocation account in the following circumstances—

(a) if there is insufficient water available in the relevant dam to provide for losses in the conveyance of water between the dam and the locations to which the water is delivered, whether by evaporation, leakage or otherwise,

(b) if the balance exceeds the maximum volume of water allocations that may be held in the account under the management plan for the water source to which the account relates,

(c) for a water allocation account of a relevant licence—if the amount of uncontrolled flow taken under a relevant licence is more than the amount that is allowed to be taken—

(i) under the licence, or

(ii) under the order made under the Act, section 85A that authorises the taking of the uncontrolled flow,

(d) for a water allocation account of a relevant licence—if during a water year, one or more available water determinations to credit the account are made when water is taken, or has been taken, under an order made under the Act, section 85A to authorise the taking of water from uncontrolled flows in the water year, but only if—

(i) the withdrawals occur in the year the water is taken, and

(ii) the total amount withdrawn is not more than the lesser of—

(A) the total amount of uncontrolled water taken in the year under the order, or

(B) the total amount credited to the account in the year in accordance with one or more available water determinations made during or after water has been taken by the licence holder under the order.

(2) In this section—

relevant dam means the dam from which water is released for delivery to the holder of an access licence.

relevant licence means—

(a) a regulated river (general security) access licence, or

(b) a regulated river (high security) access licence.

9 Water sharing planning provisions—additional matters

9 Water sharing planning provisions—additional matters

For the Act, section 21(f), the water sharing planning provisions of a management plan for a water management area or water source may deal with the following—

(a) the short-term delivery of water through the area,

(b) without limiting paragraph (a), if delivery of water would result in unacceptably high delivery losses—the short-term delivery of water by—

(i) the grouping of water orders, and

(ii) the periodic release of water orders,

(c) the return or delivery of water to a water source, including the circumstances in which the water must be returned or delivered.

10 Water sharing planning provisions—carryovers exempt from plan suspensions

10 Water sharing planning provisions—carryovers exempt from plan suspensions

For the Act, section 400(2), the operation of a management plan in relation to the carryover of water allocations in a water allocation account to the next water year is exempt from the Act, sections 49A(1) and 49B(1).

11 Environmental water releases—landholder negotiation scheme

11 Environmental water releases—landholder negotiation scheme

For the Act, section 399B, Schedule 9 contains provisions about a consultation and negotiation scheme for proposed releases of water for environmental purposes.

Part 3 Access licences

Part 3 Access licences

Division 1 Access licences generally

Division 1 Access licences generally

pt.3-div.1-sdiv.1 General

Subdivision 1 General

12 Categories of access licence

12 Categories of access licence

For the Act, section 57(1)(l), the following categories of access licence are prescribed—

(a) aquifer (general security) access licence,

(b) aquifer (high security) access licence,

(c) Coleambally irrigation (conveyance) access licence,

(d) domestic and stock (conveyance) access licence,

(e) major utility (Barnard) access licence,

(f) Murrumbidgee irrigation (conveyance) access licence,

(g) Penrith Lakes Scheme (initial fill of the lakes that form part of the scheme) access licence,

(h) regulated river (general security—A class) access licence,

(i) regulated river (general security—B class) access licence,

(j) Riverina Water County Council PFAS Alternate Supply access licence.

(k) salinity and water table management access licence,

(l) unregulated river (A class) access licence,

(m) unregulated river (B class) access licence,

(n) unregulated river (C class) access licence,

(o) unregulated river pumped hydro-electricity generation (construction and initial storage fill) access licence,

(p) unregulated river (high flow) access licence,

(q) unregulated river (regulated supply) access licence,

(r) unregulated river (regulated supply—local water utility) access licence,

(s) unregulated river (special additional high flow) access licence,

13 Subcategories of access licences

13 Subcategories of access licences

For the Act, section 57(2), the subcategories specified in Schedule 3 are prescribed for each category of access licence specified opposite.

Note—

An access licence of a subcategory of access licence is a specific purpose access licence. See the Act, Dictionary definition of specific purpose access licence, paragraph (d).

14 Definition of “specific purpose access licences”

14 Definition of “specific purpose access licences”

For the Act, Dictionary, definition of specific purpose access licence, paragraph (e), the following types of access licence are declared to be specific purpose access licences—

(a) domestic and stock (conveyance) access licence,

(b) major utility (Barnard) access licence,

(c) Penrith Lakes Scheme (initial fill of the lakes that form part of the Scheme) access licence,

(d) Riverina Water County Council PFAS Alternate Supply access licence,

(e) salinity and water table management access licence,

(f) unregulated river pumped hydro-electricity generation (construction and initial storage fill) access licence,

(g) unregulated river (regulated supply) access licence,

(h) unregulated river (regulated supply—local water utility) access licence.

15 Priorities between different categories of access licence

15 Priorities between different categories of access licence

(1) For the Act, section 58(1)(c)—

(a) the following access licences have equal priority with each other and have priority over other access licences referred to in the Act, section 58(1)(c)—

(i) a regulated river (conveyance) access licence,

(ii) a Murrumbidgee irrigation (conveyance) access licence,

(iii) a Coleambally irrigation (conveyance) access licence, and

(b) all other access licences referred to in the Act, section 58(1)(c) have equal priority with each other.

(2) A subcategory of access licence has equal priority with the access licence of which it is a subcategory and with any other subcategory of that access licence.

16 Available water determinations

16 Available water determinations

For the Act, section 59(2), an available water determination must be—

(a) published on the Department’s website, and

(b) kept on the Department’s website until the end of the water year to which the determination relates.

17 Register of available water determinations

17 Register of available water determinations

(1) For the Act, section 84(2), the following particulars must be recorded for each available water determination—

(a) the terms of the determination,

(b) the date on which the determination was made,

(c) the water source or part of the water source to which the determination applies,

(d) for a determination referred to in the Act, section 59(1)(a)—the categories or subcategories of access licence to which the determination applies,

(e) for a determination referred to in the Act, section 59(1)(b)—the individual access licences to which the determination applies.

(2) The register—

(a) must be kept in electronic form, and

(b) must be able to be converted to hard copy, and

(c) may be made available on the Department’s website.

(3) For the Act, section 84(3), the register must be made available for public inspection in electronic form at each office of the Department.

18 Matters to be included in Access Register

18 Matters to be included in Access Register

(1) For the Act, section 71A(1)(h), a memorandum of terms and conditions in relation to a licence or holding must be recorded in the General Division of the Access Register if the memorandum is or will be—

(a) given to the Minister by the holder, or prospective holder, of a security interest held over the licence or holding, and

(b) adopted by or incorporated in an instrument evidencing the existence of the security interest.

(2) For the Act, section 71A(2)(b), an agreement that a specified person may, on behalf of the holders of an access licence, apply for an assignment dealing must be recorded in the Assignment Division of the Access Register if the agreement is given to the Minister in the approved form.

19 Matters to be included in Access Register—definition of “Ministerial action”

19 Matters to be included in Access Register—definition of “Ministerial action”

For the Act, Dictionary, definition of Ministerial action, paragraph (i), the issue of a replacement floodplain harvesting access licence is prescribed.

20 Water allocation accounts

20 Water allocation accounts

(1) For the Act, section 85(6), a water allocation account may be kept in the form of 2 or more sub-accounts.

(2) Subject to subsection (3), water allocations must be recorded as a debit from an access licence’s water allocation account—

(a) when water is ordered in relation to a nominated water supply work, or extraction point, on the access licence if the relevant management plan provides that a debit occurs at that time, or

(b) otherwise—when water is taken by the access licence’s nominated water supply works.

(3) If a water supply work or extraction point is nominated in relation to 2 or more access licences, water allocations taken by, or ordered in relation to, the work or extraction point must be recorded as a debit from one or more of the access licences’ water allocation accounts as follows—

(a) in accordance with priorities established by a management plan for the circumstances,

(b) if paragraph (a) does not apply, in accordance with a preference—

(i) nominated by the holder of the access licences, or

(ii) if the access licences are held by different people—as nominated jointly by the holders,

(c) as determined by the Minister if—

(i) paragraphs (a) and (b) do not apply, or

(ii) paragraph (a) does not apply and a nomination referred to in paragraph (b) cannot be implemented.

Note—

The Act, section 21(c) provides water allocations remaining in a water allocation account at the end of the water year may be carried over to the next water year if permitted under a management plan.

21 Claims for compensation

21 Claims for compensation

For the Act, section 87(3), a claim must be made in the approved form.

22 Replacement access licences—exemption from notifying registration of security interests

22 Replacement access licences—exemption from notifying registration of security interests

(1) This section applies to a person claiming a security interest in a replacement access licence if the holder of the licence requests, by written notice to the Secretary, that the security interest be registered in the Access Register.

(2) For the Act, section 400(2), the person is exempt from the requirement under the Act, Schedule 10, clause 19(5)(d) to lodge written notice with the Secretary as referred to in the clause.

pt.3-div.1-sdiv.2 Applications and conditions

Subdivision 2 Applications and conditions

23 Applications generally

23 Applications generally

(1) For the Act, section 88(1)(a), an application under the Act, Chapter 3, Part 2 must be—

(a) in the approved form, and

(b) accompanied by the fee payable under the Act, section 114.

(2) This section does not apply to an application for the recording of a matter in the Access Register under the Act, section 71A.

24 Applications for specific purpose access licences

24 Applications for specific purpose access licences

(1) For the Act, section 61(1)(a), an application may be made for the following categories and subcategories of specific purpose access licence—

(a) a category and subcategory of licence specified in the table to this section for the purpose, if any, specified for the licence in the table,

(b) an aquifer (temporary dewatering for construction) access licence to extract water from—

(i) the Hawkesbury to Hunter Coastal Sands Groundwater Source to facilitate the construction of a desalination plant at Belmont, or

(ii) the Metropolitan Coastal Sands Groundwater Source to facilitate excavation required for the construction of a building, road or infrastructure to establish a mixed use development for the purposes of a health services facility, and associated commercial purposes, at Manly, or

(iii) the Sydney Basin Central Groundwater Source to facilitate construction for the Sydney Metro West Project or the Sydney Metro—Western Sydney Airport project, or

(iv) the Tweed River Area Coastal Floodplain Alluvial Groundwater Source to facilitate the construction of water, wastewater, stormwater or floodwater utility infrastructure at or near Murwillumbah,

(c) a local water utility access licence if—

(i) the application is made by Tamworth Regional Council, and

(ii) before the application is made, a notice of surrender of WAL 20953 is given under the Act, section 77, and

(iii) the notice of surrender specifies that the surrender of WAL 20953 does not take effect—

(A) unless the licence is granted, and

(B) until immediately after the licence is amended to nominate a specified water supply work or extraction point for the licence, and

(iv) the share component of the licence is the same as the share component of WAL 20953,

(d) a major utility (Barnard) access licence,

(e) a regulated river (high security) (Lake Albert filling) access licence to enable the use of no more than 1.8GL of water per water year to fill Lake Albert if the application is made by Wagga Wagga City Council,

(f) an unregulated river pumped hydro-electricity generation (construction and initial storage fill) access licence,

(g) a Penrith Lakes Scheme (initial fill of the lakes that form part of the scheme) access licence,

(h) a Riverina Water County Council PFAS Alternate Supply access licence if the application is made—

(i) by the Riverina Water County Council, and

(ii) for the purpose of town water supply, and

(iii) in the event of PFAS contamination of the groundwater used for the Wagga Wagga town water supply.

(2) An application for a domestic and stock access licence, other than a domestic and stock (domestic) access licence, may be made if—

(a) the application is made by a landholder who became the landholder no more than 1 year before making the application, and

(b) immediately before the applicant became the landholder, a domestic and stock access licence was in force in relation to the land (the former licence), and

(c) the domestic and stock access licence is for the same subcategory, if any, as the former licence, and

(d) the share component does not exceed the share component, if any, of the former licence, and

(e) the former licence has been, or should be, cancelled because the former licence may no longer be used by the person who was formerly the landholder.

(3) In this section—

commercial activities means associated commercial activities within the meaning of the Act, section 66(3A).

health services facility has the same meaning as in the standard instrument.

| Category | Subcategory | Purpose | | All categories | Aboriginal cultural | Aboriginal cultural purposes | | Aquifer access licence | Town water supply | Supply water to communities for domestic consumption and commercial activities | | Domestic and stock access licence | Domestic | Domestic consumption | | Local water utility access licence | Domestic and commercial | Domestic consumption and commercial activities | | Regulated river (high security) access licence | Town water supply | Supply water to communities for domestic consumption and commercial activities | | Unregulated river access licence | McPhillamys Belubula River gold mine | Enable water to be taken for McPhillamys Gold Mine from the Belubula River above Carcoar Dam water source | | Unregulated river access licence | Newcastle Racecourse | Enable water to be taken from the Newcastle water source for use on the Newcastle Racecourse and nearby playing fields | | Unregulated river access licence | Snowy 2.0 project | — | | Unregulated river access licence | Town water supply | Supply water to communities for domestic consumption and commercial activities |

25 Service of notices relating to conditions after licence is granted

25 Service of notices relating to conditions after licence is granted

(1) For the Act, section 67(6), a written notice may be served on or given to the holder of an access licence by sending the written notice electronically to an email address given by the holder as the holder’s address for the giving or service of documents of that kind.

(2) Service in accordance with subsection (1) is effected when the notice is sent to the email address.

pt.3-div.1-sdiv.3 Dealings

Subdivision 3 Dealings

26 Definition of “general dealing”

26 Definition of “general dealing”

For the Act, Dictionary, definition of general dealing, paragraph (j), the amendment of an access licence to nominate a specified extraction point from which water credited to the licence may be taken is a general dealing in an access licence.

27 Nomination of water supply works and extraction points

27 Nomination of water supply works and extraction points

(1) For the Act, section 71W(4)(a)(ii), the only circumstance in which a nomination under the Act, section 71W(1)(b) is permitted is if the Minister is satisfied—

(a) the water supply work or extraction point the subject of the nomination is in a water source (the other water source) connected to a water source specified in the access licence (the specified water source), and

(b) the water credited to the access licence that may be taken using the water supply work or from the extraction point will be taken from the specified water source indirectly as an unavoidable result of water being taken from the other water source using the work or from the extraction point.

(2) For the Act, section 71W(3), the relevant notifier must give the Minister written notice within 28 days after the nomination is made or withdrawn.

28 Dealings on default

28 Dealings on default

For the Act, section 71X(1)(b), the notice must include the following information—

(a) that the notice is given under the Act, section 71X,

(b) the circumstances of the default under the contract or arrangement,

(c) the steps that must be taken by the defaulter to rectify the default,

(d) that the access licence or holding may be transferred if the steps are not taken within 30 days after receiving the notice.

29 Consent of security holder not required for certain dealings

29 Consent of security holder not required for certain dealings

For the Act, section 400(2), the following are exempt from the requirements of the Act, section 71L(1)(c)—

(a) the grant of a single access licence arising from an application—

(i) under the Act, section 71U for an access licence to give effect to the transfer into the State of an interstate equivalent of an access licence, and

(ii) under the Act, section 71P for consolidation of the licence with another licence,

(b) an increase in the share or extraction component of an access licence in connection with the assignment of rights under the Act, section 71Q.

30 Appointment of co-holder of access licence to consent to dealings

30 Appointment of co-holder of access licence to consent to dealings

For the Act, section 72A(2), an appointment, or a revocation of an appointment, of a co-holder of an access licence must be made in the approved form.

pt.3-div.1-sdiv.3A Water return flow rules

Subdivision 3A Water return flow rules

pt 3, div 1, sdiv 3A: Ins 2025 (488), Sch 1[1].

30A Purpose of subdivision

30A Purpose of subdivision

For the Act, section 75(1), this subdivision establishes water return flow rules for used water allocations to be recredited to water allocation accounts for prescribed access licences.

s 30A: Ins 2025 (488), Sch 1[1].

30B Definition of “prescribed access licence”

30B Definition of “prescribed access licence”

For the Act, section 76(4), definition of prescribed access licence, a category or subcategory for an access licence is prescribed if—

(a) the licence is held by one or more of the following—

(i) the Commonwealth Environmental Water Holder,

(ii) the Crown in right of New South Wales,

(iii) the Crown in right of the Commonwealth,

(iv) the Minister or another Minister,

(v) the Ministerial Corporation,

(vi) another NSW government agency or statutory body representing the Crown, and

(b) the licence authorises the holder to take water from one or more of the following water sources—

(i) the Murrumbidgee Regulated River Water Source to which the Water Sharing Plan for the Murrumbidgee Regulated River Water Source 2016 applies,

(ii) the New South Wales Murray Regulated River Water Source to which the Water Sharing Plan for the New South Wales Murray and Lower Darling Regulated Rivers Water Sources 2016 applies,

(iii) the Lower Darling Regulated River Water Source to which the Water Sharing Plan for the New South Wales Murray and Lower Darling Regulated Rivers Water Sources 2016 applies.

s 30B: Ins 2025 (488), Sch 1[1]. Subst 2025 (680), Sch 1.

30C Applications for used water allocations to be recredited

30C Applications for used water allocations to be recredited

(1) For the Act, section 76(3), the Minister may grant an application for used water allocations to be recredited to the water allocation account for a prescribed access licence if satisfied—

(a) the used water allocations were used under the prescribed access licence for taking water from a regulated river water source to act in accordance with a long-term watering plan, and

(b) an amount of the water taken from the regulated river water source has been returned to the regulated river water source, and

(c) the amount of used water allocations sought to be recredited are an estimate of the amount of water returned.

(2) In this section—

long-term watering plan has the same meaning as in the Basin Plan 2012 of the Commonwealth.

s 30C: Ins 2025 (488), Sch 1[1].

pt.3-div.1-sdiv.4 Surrender and cancellation

Subdivision 4 Surrender and cancellation

31 Circumstances in which Minister may refuse to accept surrender of access licence

31 Circumstances in which Minister may refuse to accept surrender of access licence

For the Act, section 77(2B), the Minister may refuse to accept the surrender of an access licence if one or more of the following applies—

(a) the licence is subject to a registered security interest or registered caveat,

(b) the holder of the access licence has failed to pay a fee, charge or civil penalty payable in relation to the licence,

(c) for a licence for which a water supply work or extraction point is nominated under the Act, section 71W—the Minister is satisfied—

(i) the continued taking of water using the work or from the extraction point is not intended, and

(ii) water is still being taken, or is still capable of being taken, using the work or from the extraction point, and

(iii) work needed to stop the taking of water using the work or from the extraction point has not been completed or satisfactorily completed,

(d) for a licence for which a water supply work or extraction point is nominated under the Act, section 71W—the Minister is satisfied—

(i) the continued taking of water using the work or from the extraction point is intended, and

(ii) water is still being taken, or is still capable of being taken, using the work or from the extraction point, and

(iii) if the licence is surrendered—the continued taking of water using the work or from the extraction point will not be authorised under the Act.

32 Cancellation of specific purpose access licences

32 Cancellation of specific purpose access licences

For the Act, section 77A(3), the following criteria are prescribed—

(a) for an access licence for the supply of water to a location in relation to an activity—whether the activity continues to be carried out at the location or to require a supply of water,

(b) for an access licence for the supply of water to a town or community or to another location for domestic purposes—whether anyone resides in the town or community or at the location,

(c) for an access licence for the supply of water to a location for stock purposes—whether there is stock at the location,

(d) for an access licence for the supply of water for a purpose from a water source—whether the water previously supplied for the purpose from the water source is now supplied from another water source.

Division 2 Replacement floodplain harvesting access licences—the Act, s 57A

Division 2 Replacement floodplain harvesting access licences—the Act, s 57A

pt.3-div.2-sdiv.1 Preliminary

Subdivision 1 Preliminary

33 Definitions

33 Definitions

In this division—

bore licence means a bore licence under the 1912 Act, Part 5.

crop conversion rate means the conversion rate—

(a) specified in the Volumetric Conversion—the next stage, Appendix 2, as in force from time to time and published on the Department’s website, and

(b) expressed in units of a share component per hectare.

eligible floodplain landholder means a floodplain landholder who is eligible for a replacement floodplain harvesting access licence under section 34.

eligible water supply work means a water supply work specified in section 34(1).

floodplain landholder means the owner of land located on a floodplain who uses or used, or proposed to use, water from the floodplain.

long-term average annual extraction limit, for a water source, means the long-term average annual extraction limit specified in a Minister’s plan applying to the water source.

maximum crop area means the maximum area of land in hectares used by an owner of land for the growing of crops using irrigation.

relevant year means a year from 1993 to 1999 in which the greatest maximum crop area occurred on a landholder’s land.

34 Eligibility for replacement floodplain harvesting access licences

34 Eligibility for replacement floodplain harvesting access licences

(1) The Minister must determine that a floodplain landholder is eligible for a replacement floodplain harvesting access licence if the Minister is satisfied that, on 3 July 2008, a water supply work capable of floodplain harvesting—

(a) was fully constructed on the floodplain landholder’s land and a relevant approval was in force that specified—

(i) the work, or

(ii) a related or connected work, or

(b) was fully constructed on the floodplain landholder’s land without a relevant approval and an approval under the 1912 Act, Part 8 was not required to construct the work, or

(c) was fully or partially constructed, or proposed to be constructed, on the floodplain landholder’s land and an application for a relevant approval that specified the work was made but not determined.

(2) In determining whether or not a floodplain landholder is eligible, the Minister must consider relevant information given by the floodplain landholder in relation to the water supply work.

(3) However, the Minister may determine that a floodplain landholder is not eligible if—

(a) the floodplain landholder is, by written notice, given 28 days in which to make submissions about the proposed determination, and

(b) the Minister has considered the submissions, if any, received from the floodplain landholder within the 28 days.

(4) If the Minister determines that a floodplain landholder is eligible for a replacement floodplain harvesting access licence, the Minister must determine the share component of the licence in accordance with Subdivision 2.

(5) In this section—

related or connected work means a work related or connected to the water supply work specified in the relevant approval that is—

(a) constructed on the land specified in the approval, and

(b) located within the footprint of the work specified in the approval.

relevant approval means—

(a) an approval under the Act, Chapter 3, Part 3, or

(b) a licence or permit within the meaning of the 1912 Act—

(i) Part 2, or

(ii) Part 8, as in force immediately before the repeal of the part.

pt.3-div.2-sdiv.2 Determination of share component

Subdivision 2 Determination of share component

35 Licences based on existing regulated and unregulated river access licences

35 Licences based on existing regulated and unregulated river access licences

(1) This section applies to an eligible floodplain landholder if, on 3 July 2008, one of the following licences was in force in relation to the land on which the floodplain landholder’s eligible water supply work is located—

(a) a regulated river access licence without an unregulated river access licence,

(b) a regulated river access licence with an unregulated river access licence,

(c) a Barwon-Darling unregulated river access licence.

(2) The Minister must determine the share component of a replacement floodplain harvesting access licence for the eligible floodplain landholder by using the 3 models referred to in Subdivision 3 that apply to the regulated river water source or the Barwon-Darling water source, as the case requires.

(3) In determining the share component of a replacement floodplain harvesting access licence for a floodplain landholder eligible under subsection (1)(b), the Minister must deduct the share component of the unregulated river access licence from the proposed share component of the replacement floodplain harvesting access licence.

(4) Despite subsection (3), the Minister—

(a) is not required to deduct the share component of the unregulated river access licence if satisfied there were no water supply works used in connection with the unregulated river access licence, and

(b) may deduct a proportion of the share component of the unregulated river access licence that corresponds with the amount by which the volume of water taken under the unregulated river access licence is less than the maximum volume specified for the licence.

(5) In this section—

Barwon-Darling unregulated river access licence means an unregulated river access licence with a share component that specifies the Barwon-Darling water source.

Barwon-Darling water source means the Barwon-Darling Unregulated River Water Source to which the Water Sharing Plan for the Barwon-Darling Unregulated River Water Source 2012 applies.

regulated river access licence means an access licence that entitles the holder to shares of water from a regulated river.

unregulated river access licence means—

(a) an unregulated river access licence, or

(b) an entitlement that was replaced, on or after 3 July 2008, by an unregulated river access licence under the Act, Schedule 10.

36 Licences based on existing unregulated river access licences

36 Licences based on existing unregulated river access licences

(1) This section applies to an eligible floodplain landholder if—

(a) an entitlement or an entitlement and one or more bore licences was, on or after 1 July 1993 and on or before 30 June 1999, in force in relation to the land on which the floodplain landholder’s eligible water supply work is located, and

(b) the entitlement was replaced by an unregulated river access licence under the Act, Schedule 10, and

(c) the bore licences, if any, were replaced by aquifer access licences under the Act, Schedule 10, and

(d) section 35 does not apply to the eligible floodplain landholder.

(2) The Minister must determine the share component of a replacement floodplain harvesting access licence for the eligible floodplain landholder by—

(a) deducting the authorised area from the maximum crop area in the relevant year, and

(b) multiplying the result by the crop conversion rate for the crop grown in the relevant year, and

(c) deducting the greater of the following for the relevant year under the bore licences, expressed in megalitres—

(i) the metered groundwater usage,

(ii) the entitlement.

(3) For subsection (2)(c), 1ML is taken to be 1 unit of a share component.

(4) The share component of the replacement floodplain harvesting access licence is zero if the result under subsection (2) is less than or equal to zero.

(5) In this section—

authorised area means the area in hectares of the eligible floodplain landholder’s land authorised to be irrigated under the entitlement referred to in subsection (1), immediately before the entitlement was replaced with an unregulated river access licence.

37 Licences related to existing aquifer access licences

37 Licences related to existing aquifer access licences

(1) This section applies to an eligible floodplain landholder if—

(a) a bore licence was, on or after 1 July 1993 and on or before 30 June 1999, in force in relation to the land on which the eligible floodplain landholder’s eligible water supply work is located, and

(b) the bore licence was replaced by an aquifer access licence under the Act, Schedule 10, and

(c) section 36 does not apply to the eligible floodplain landholder.

(2) The Minister must determine the share component of a replacement floodplain harvesting access licence for the eligible floodplain holder by—

(a) multiplying the maximum crop area for the relevant year by the crop conversion rate for cotton, and

(b) deducting the greater of the following for the relevant year under the bore licence, expressed in megalitres—

(i) the metered groundwater usage,

(ii) the entitlement.

(3) The share component of the replacement floodplain harvesting access licence is zero if the result under subsection (2) is less than or equal to zero.

(4) For subsection (2)(b), 1ML is taken to be 1 unit of a share component.

38 Requirement to give notice before determining share components

38 Requirement to give notice before determining share components

(1) The Minister must comply with this section before making a final determination of the share component for a replacement floodplain harvesting access licence for an eligible floodplain landholder.

(2) The Minister must—

(a) give the eligible floodplain landholder written notice of the proposed share component (the first notice), and

(b) consider submissions, if any, received from the eligible floodplain landholder in accordance with the first notice.

(3) After considering the submissions, the Minister must decide whether or not to revise the proposed share component.

(4) If the revised share component is less than the amount of the proposed share component specified in the first notice, the Minister must—

(a) give the eligible floodplain landholder further written notice of the proposed share component (the further notice), and

(b) consider the submissions, if any, received from the eligible floodplain landholder in accordance with the further notice.

(5) A notice given to an eligible floodplain landholder under this section must include the following information—

(a) the amount of the proposed share component,

(b) that the eligible floodplain landholder may, within 28 days after receiving the notice, make submissions about the proposed share component,

(c) the method for making submissions,

(d) for a further notice—reasons for the reduction of the amount of the proposed share component specified in the first notice.

pt.3-div.2-sdiv.3 Models for determination of share components

Subdivision 3 Models for determination of share components

39 Types of models

39 Types of models

(1) For the purpose of finally determining the share component for a replacement floodplain harvesting access licence for an eligible floodplain landholder, the Minister must, after considering all submissions received from the eligible floodplain landholder under section 38, adopt the following models for the water source—

(a) the current conditions model,

(b) the eligible water supply works scenario model,

(c) the plan limit compliance scenario model.

(2) The Minister must publish, on the Department’s website, the following information in relation to each model referred to in this subdivision—

(a) a description of the model,

(b) the objectives for the model,

(c) the matters the model represents,

(d) the data the model relies on.

40 Current conditions model

40 Current conditions model

(1) The current conditions model represents—

(a) the total number of water supply works, whether or not eligible water supply works, for the water source, and

(b) the estimated volume of water used by the water supply works for the water source.

(2) The current conditions model is used to determine the percentage by which the estimated volume of water used by all water supply works for the water source—

(a) exceeds the long-term average annual extraction limit, and

(b) must be reduced to comply with the long-term average annual extraction limit.

41 Eligible water supply works scenario model

41 Eligible water supply works scenario model

(1) The eligible water supply works scenario model represents—

(a) the total number of eligible water supply works, and

(b) the estimated volume of water used by the eligible water supply works for the water source.

(2) The eligible water supply works scenario model is used to determine the estimated volume of water capable of being used by—

(a) a landholder’s eligible water supply work for the water source, and

(b) all eligible water supply works for the water source.

42 Plan limit compliance scenario model

42 Plan limit compliance scenario model

(1) The plan limit compliance scenario model is based on—

(a) the proposed share components of the replacement floodplain harvesting access licences for the water source, and

(b) the existing or proposed bulk access regime for the water source, and

(c) existing or proposed water sharing provisions of a Minister’s plan for the water source that deal with the matters specified in the Act, section 21(a) and (c) in relation to floodplain harvesting.

(2) If the long-term average annual extraction limit is exceeded, the plan limit compliance scenario model provides for an adjustment to proposed share components of replacement floodplain harvesting access licences for the water source.

(3) The adjustment must be proportionately allocated to each eligible floodplain landholder who has an eligible water supply work for the water source.

(4) The adjustment must be the lesser of—

(a) an adjustment required to bring the total average annual volume of water taken within the long-term average annual extraction limit, or

(b) an adjustment required to bring the floodplain harvesting part of the total average annual volume of water taken within the floodplain harvesting part of the long-term average annual extraction limit.

pt.3-div.2-sdiv.4 Issue of licences

Subdivision 4 Issue of licences

43 Issue of replacement floodplain harvesting access licences

43 Issue of replacement floodplain harvesting access licences

(1) A replacement floodplain harvesting access licence takes effect, and the eligible floodplain landholder is taken to hold the licence, only after the Minister gives written notice to the eligible floodplain landholder of—

(a) the category of the replacement floodplain harvesting access licence, and

(b) the final share component of the licence determined in accordance with Subdivision 2.

(2) The categories of replacement floodplain harvesting access licence are—

(a) for an eligible floodplain landholder if, on or before 3 July 2008, a regulated river access licence was in force in relation to the land on which the eligible floodplain landholder’s eligible water supply work is located—a floodplain harvesting (regulated river) access licence, or

(b) otherwise—a floodplain harvesting (unregulated river) access licence.

(3) A water supply work is taken to have been nominated under the Act, section 71W in relation to an eligible floodplain landholder’s replacement floodplain harvesting access licence if the work—

(a) is capable of floodplain harvesting, and

(b) is located on the eligible floodplain landholder’s land, and

(c) is specified in a water supply work approval.

44 Circumstances in which replacement floodplain harvesting access licences are not issued

44 Circumstances in which replacement floodplain harvesting access licences are not issued

Despite another provision of this division, a floodplain landholder is not eligible for a replacement floodplain harvesting access licence and does not hold a licence if—

(a) the final share component for the licence is determined to be zero or less, or

(b) the Minister, by notice published on the Department’s website, declares that the process under this division for issuing replacement floodplain harvesting access licences for which the floodplain landholder may have been eligible is completed in relation to the relevant floodplain.

Division 3 Exemptions

Division 3 Exemptions

45 Exemption from requirement to hold water access licences

45 Exemption from requirement to hold water access licences

(1) For the Act, section 400(2), a person is exempt from the Act, section 60A(1) and (2) for the taking of water from a water source if the person—

(a) is specified in a provision to Schedule 4, Part 2, and

(b) takes water in the circumstances, and in accordance with conditions, if any, specified in the provision.

(2) A person exempt under subsection (1) is also exempt from the mandatory conditions relating to access licences that are imposed on a water supply work approval.

Note—

It is an offence under the Act, section 60A(1) and (2) to take water without an access licence.

s 45: Am 2026 (152), Sch 1[1].

Part 4 Approvals

Part 4 Approvals

pt.4-div.1-sdiv.1 General

Subdivision 1 General

46 Definition of “aquifer interference activity”

46 Definition of “aquifer interference activity”

For the Act, Dictionary, definition of aquifer interference activity, paragraph (d), the following activities are prescribed—

(a) the extraction of sand,

(b) the extraction of road base material.

47 Register of approvals

47 Register of approvals

(1) For the Act, section 113(2), the register—

(a) must be kept in electronic form, and

(b) must be able to be converted to hard copy, and

(c) may be made available on the Department’s website.

(2) For the Act, section 113(3), the register must be made available for public inspection in electronic form at each office of the Department.

(3) The register must include the class of each work approved under a water supply work approval in accordance with subsection (4).

(4) Each work under a water supply work approval belongs to one of the following classes—

(a) for a work subject to an exemption under section 76(2)(c) or 88(3)(c)—decommissioned,

(b) for a work subject to an exemption under section 76(2)(d) or 88(3)(d)—constructed, basic landholder rights only,

(c) for a work subject to an exemption under section 76(2)(e) or 88(3)(e)—constructed, not taking water,

(d) for a work subject to an exemption under section 76(2)(f) or 88(3)(f)—constructed, approval holder declared not taking water,

(e) for another work that is constructed—constructed,

(f) for another work approved but not constructed—not constructed.

(5) The register must also specify—

(a) the works under a water supply work approval that are controlling works as referred to in section 87, and

(b) for all works under a water supply work approval that are classified as constructed—that metering is required unless an exemption applies.

pt.4-div.1-sdiv.2 Applications for approvals

Subdivision 2 Applications for approvals

48 Applications generally

48 Applications generally

For the Act, section 92(2), an application under the Act, Chapter 3, Part 3 must be—

(a) in the approved form, and

(b) if assessment of the likely impact of the water use, work or activity is required by the Minister—accompanied by the assessment, and

(c) accompanied by the fee payable under the Act, section 114.

49 Advertising certain applications for approvals

49 Advertising certain applications for approvals

(1) For the Act, section 92(7), the Minister must advertise applications for the following—

(a) water supply work approvals for the following—

(i) works to take water from a river,

(ii) bores for the taking of water, other than bores used only to take water in accordance with a person’s basic landholder rights,

(iii) works that have the effect of impounding water in a water source,

Example—

weirs

(iv) works constructed or used to capture rainwater run-off,

Examples—

tanks and dams

(b) water use approvals for irrigation, other than irrigation on land to which a replacement access licence applies,

(c) flood work approvals for non-complying flood works,

(d) flood work approvals for flood works located in or on a floodplain to which no management plan or converted floodplain management plan applies.

(2) An application for an approval must be advertised by a notice published on one or more of the following—

(a) the Department’s website,

(b) the website of Water NSW,

(c) the Regulator’s website.

(3) The notice must contain the following information—

(a) the name of the applicant,

(b) the type of approval to which the application relates,

(c) particulars indicating the location to which the application relates,

(d) for a water supply work approval—the capacity of the work and the water source and stream from which the work will take water,

(e) for a water use approval—the purpose for which water will be used under the approval,

(f) the form in which an objection against the application must be made,

(g) the address to which, and the time by which, an objection must be made,

(h) the name and contact details of a member of staff of the Department.

(4) In this section—

converted floodplain management plan means a floodplain management plan adopted under the 1912 Act, section 166A, that, by operation of the Act, Schedule 9, clause 13, is taken to be a Minister’s plan in relation to floodplain management.

non-complying flood work means a flood work—

(a) located, or proposed to be constructed, in an area to which a converted floodplain management plan applies, and

(b) that, in the Minister’s opinion, does not comply with the converted floodplain management plan.

50 Advertising not required for certain water supply works

50 Advertising not required for certain water supply works

(1) Advertising an application for a water supply work approval in accordance with section 49(1)(a) is not required for a water supply work used for—

(a) less than 6 months, and

(b) only one or more of the following purposes—

(i) the construction or maintenance of roads by a roads authority,

(ii) drought relief,

(iii) dust suppression,

(iv) firefighting or any of the activities referred to in Schedule 4, section 11 when firefighting,

(v) prospecting or fossicking for minerals or petroleum under the Mining Act 1992 or the Petroleum (Onshore) Act 1991,

(vi) an environmental purpose authorised by a plan approved by the Minister under the Act, section 8E(7),

(vii) hydrostatic testing of gas pipelines.

(2) Advertising an application for a water supply work approval in accordance with section 49(1)(a)(i) is not required for a water supply work—

(a) used only to take or use water under a replacement access licence, and

(b) in existence when the replacement access licence came into force.

51 Advertising not required for works for floodplain harvesting

51 Advertising not required for works for floodplain harvesting

Advertising an application for a water supply work approval in accordance with section 49(1) is not required for a water supply work if—

(a) the water supply work is used to take water for floodplain harvesting by a landholder, and

(b) the floodplain harvesting will be permitted under a replacement floodplain harvesting access licence.

52 Procedure for making objection to granting of approval

52 Procedure for making objection to granting of approval

For the Act, section 93(1), an objection to the granting of an approval must, within 28 days after notice of the approval is advertised, be made in the approved form.

53 Matters affecting consideration of applications

53 Matters affecting consideration of applications

For the Act, section 96(a), the Minister must, in considering whether to grant an aquifer interference approval, consider whether the amount of water taken in carrying out the aquifer interference activity under the approval will be more than the total extraction limit set out in a management plan for the water source.

pt.4-div.1-sdiv.3 Conditions of approvals

Subdivision 3 Conditions of approvals

54 Service of notices relating to conditions after approval is granted

54 Service of notices relating to conditions after approval is granted

(1) For the Act, section 102(6), a written notice may be served on or given to the holder of an approval by sending the written notice electronically to an email address given by the holder as the holder’s address for the giving or service of documents of that kind.

(2) Service in accordance with subsection (1) is effected when the notice is sent to the email address.

pt.4-div.1-sdiv.4 Amendments of approvals

Subdivision 4 Amendments of approvals

55 Amendment of approvals to create more approvals

55 Amendment of approvals to create more approvals

For the Act, section 107(1)(b), the Minister may amend an approval to create 2 or more approvals from 1 approval if—

(a) a subdivision of the land specified in the approval as the land benefited by the approval results in—

(i) part of the land being held by the holder of the approval, and

(ii) another part of the land being held by a landholder who is not the holder of the approval, or

(b) for an approval jointly held by 2 or more persons—each person requests the creation of 2 or more approvals from the approval, or

(c) for a water supply work approval held by 1 person and nominated in a floodplain harvesting (regulated river) access licence or floodplain harvesting (unregulated river) access licence—

(i) the person requests the creation of 2 or more approvals from the approval, and

(ii) the resulting approvals do not relate to additional uses, works, activities or land, and

(iii) each resulting approval includes a work nominated in a floodplain harvesting (regulated river) access licence or floodplain harvesting (unregulated river) access licence.

56 Amendment of approval for corrections

56 Amendment of approval for corrections

For the Act, section 107(1)(c), the Minister may amend an approval to correct an error or omission in a description in the approval of—

(a) a location to which the approval relates, or

(b) the management plan, water source or management zone to which the approval relates, or

(c) a work to which the approval relates, or

(d) the approval holder’s name.

pt.4-div.1-sdiv.5 Surrender of approvals

Subdivision 5 Surrender of approvals

57 Circumstances in which Minister may refuse to accept surrender of approval

57 Circumstances in which Minister may refuse to accept surrender of approval

For the Act, section 108(1A), the Minister may refuse to accept the surrender of an approval in the following circumstances—

(a) for a water management work approval—

(i) the construction of a work to which the approval relates has commenced but has not been completed in accordance with the approval, and

(ii) the Minister is not satisfied that adequate arrangements have been made to ensure no more than minimal harm will be done to a water source or its dependent ecosystems if the approval is surrendered,

(b) for a water management work approval—the Minister is satisfied—

(i) a work to which the approval relates is being used or is capable of being used, and

(ii) the work will not be authorised under the Act if the approval is surrendered,

(c) for a controlled activity approval—

(i) the carrying out of a controlled activity under the approval has commenced but has not been completed in accordance with the approval, and

(ii) the Minister is not satisfied that adequate arrangements have been made to ensure no more than minimal harm will be done to waterfront land if the approval is surrendered,

(d) for a controlled activity approval—a maintenance period specified in the approval to enable the implementation of a rehabilitation plan or vegetation management plan has not expired,

(e) for an aquifer interference approval—

(i) the carrying out of an aquifer interference activity under the approval has commenced but has not been completed in accordance with the approval, and

(ii) the Minister is not satisfied that adequate arrangements have been made to ensure no more than minimal harm will be done to the aquifer or its dependent ecosystems if the approval is surrendered.

pt.4-div.1-sdiv.6 Miscellaneous

Subdivision 6 Miscellaneous

58 Notification of construction or use of water supply work smaller than authorised

58 Notification of construction or use of water supply work smaller than authorised

(1) This section applies to an approval holder who constructs or uses a water supply work smaller in capacity than the water supply work for which the approval holder has a water supply work approval.

(2) For the Act, section 400(1)(e), the approval holder must notify the Minister in the approved form of the following—

(a) the capacity of the water supply work constructed or in use,

(b) the demolition of the work,

(c) the construction and capacity of works that replace the demolished work.

(3) The notice must be given within 90 days of the demolition or construction of the work.

59 Security for fulfilment of obligations under approvals

59 Security for fulfilment of obligations under approvals

(1) For the Act, section 400(1)(c), the Minister may require and receive a security deposit from the holder of an approval—

(a) before the holder starts the construction of a work or starts carrying out an activity under the approval, and

(b) to pay for the reasonable costs of performing the holder’s obligations under the approval.

(2) The Minister may—

(a) keep the security deposit until satisfied that the holder of the approval has performed all obligations under the approval, and

(b) pay out the security deposit to cover the reasonable costs of performing the holder’s obligations under the approval.

(3) The Minister must repay the holder the amount of the security deposit and any interest accrued on the deposit as a result of its investment less the amount, if any, paid out under subsection (2)(b) if the Minister is satisfied all obligations under the approval have been met.

(4) The Minister may be satisfied that all obligations under the approval have been met for subsection (2) or (3)—

(a) at the Minister’s discretion, or

(b) on the application, in the approved form, of the holder.

(5) To avoid doubt, a security deposit may be retained and dealt with under this section after the expiry of the approval.

(6) In this section—

security deposit means an amount of money paid or payable by the holder of an approval as security against a failure by the holder to perform the holder’s obligations under the approval.

60 Exemption relating to land benefited by approval—the Act, s 106(4)

60 Exemption relating to land benefited by approval—the Act, s 106(4)

The Act, section 106 does not apply to the following—

(a) a water management work approval for a work used by a person—

(i) referred to in Schedule 4, section 4 solely for taking water for the construction of roads for which the person is exempted from the requirement for an access licence under section 45, or

(ii) referred to in Schedule 4, section 2, 12 or 15 solely for taking water for a purpose for which the person is exempt from the requirement for an access licence under section 45,

(b) a water use approval for the use of water—

(i) for the construction of roads, or

(ii) for a purpose referred to in paragraph (a)(ii).

61 Exemption from requirement to hold water use approvals

61 Exemption from requirement to hold water use approvals

A person specified in a section under Schedule 4, Part 3 is exempt from the Act, section 91A(1) in relation to the use of water in the circumstances, and subject to the conditions, specified in the section.

62 Exemption from requirement to hold water supply work approvals

62 Exemption from requirement to hold water supply work approvals

(1) A person specified in a provision of Schedule 4, Part 4, Division 1 or 3 is exempt from the Act, section 91B(1) in relation to the construction of a water supply work in the circumstances, and subject to the conditions, specified in the provision.

(2) A person specified in a provision of Schedule 4, Part 4, Division 2 or 3 is exempt from the Act, section 91B(1) in relation to the use of a water supply work in the circumstances, and subject to the conditions, specified in the provision.

63 Exemption from requirement to hold flood work approvals

63 Exemption from requirement to hold flood work approvals

A person specified in a provision of Schedule 4, Part 5 is exempt from the Act, section 91D(1) in relation to the construction or use of a flood work in the circumstances, and subject to the conditions, specified in the provision.

64 Exemption from requirement to hold controlled activity approvals

64 Exemption from requirement to hold controlled activity approvals

(1) A person is exempt from the Act, section 91E(1) in relation to carrying out a controlled activity specified in Schedule 4, Part 6 in the circumstances, and subject to the conditions, specified for the controlled activity.

(2) A public authority, other than Landcom, the Superannuation Administration Corporation or their subsidiaries, is exempt from the Act, section 91E(1) in relation to carrying out controlled activities in all circumstances.

(3) Without limiting subsections (1) and (2), a network operator or pipeline licensee is exempt from the Act, section 91E(1) in relation to carrying out a controlled activity relating to a relevant activity of the operator or licensee if—

(a) the relevant activity is carried out in, on or under waterfront land relating to a river, estuary or lake, other than in or on—

(i) the bed or banks of a river, or

(ii) the bed or shore of a lake, or

(iii) the bed or land lying between the bed and mean high water mark of an estuary, and

(b) the activity does not cause a change in the course of the river, and

(c) the operator or licensee, after considering the environmental impact of the activity under the Environmental Planning and Assessment Act 1979, section 5.5 as if the operator or licensee were the determining authority under that section, is satisfied the activity is not likely to significantly affect the environment.

(4) For the Act, section 113D, the Minister may impose a condition on an exemption under this section if the purpose of the condition is to protect the following—

(a) waterfront land,

(b) rivers, lakes and estuaries.

(5) The Minister may impose, vary or revoke the condition by—

(a) publishing a notice in the Gazette, or

(b) written notice to the exempt person.

(6) A notice published or given under this section must specify the following—

(a) the person required to comply with the condition,

(b) the land the condition applies to,

(c) the steps that must be taken by the person required to comply with the condition.

(7) The condition takes effect on—

(a) the date specified in the notice, or

(b) if no date is specified—the day on which the notice is published or given to the person.

(8) In this section—

network operator means a network operator licensed or authorised under the—

(a) Water Industry Competition Act 2006, or

(b) Gas Supply Act 1996, or

(c) Electricity Supply Act 1995.

pipeline licensee means a licensee under the Pipelines Act 1967.

relevant activity, of a network operator or pipeline licensee, means the construction, modification, repair or maintenance of, or emergency work on—

(a) for a network operator—the operator’s water, gas or electricity infrastructure, and

(b) for a pipeline licensee—the pipeline the subject of the licence and its associated infrastructure.

65 Minister may exempt public authorities during drought

65 Minister may exempt public authorities during drought

(1) For the Act, section 113B, a public authority may apply to the Minister for an exemption from section 91B(1) in relation to the construction or use of a water supply work, or both.

(2) The Minister may exempt a public authority, by written notice to the authority, if—

(a) the public authority has made an application for the exemption, and

(b) the Minister is satisfied that—

(i) conditions of drought exist, and

(ii) the exemption is in the public interest.

(3) An exemption remains in force for—

(a) the period specified in the exemption notice, or

(b) if no period is specified in the exemption notice—1 year after the day on which the exemption is granted.

(4) The exemption is subject to the condition that the public authority give written notice to the Minister, within the relevant period, of the following—

(a) the plans for the water supply work, including whether or not the authority intends to continue to use the work after the exemption expires,

(b) if the authority intends to stop using the water supply work on or before the expiry of the exemption—

(i) the date on which the authority will stop using the work, and

(ii) the authority’s plans for the work after the authority stops using the work,

Examples—

capping, decommissioning or removing the work

(c) if the authority intends to continue using the water supply work after the exemption expires—whether the authority intends to—

(i) apply to extend the period of the exemption, or

(ii) rely on another exemption, under the Act or this regulation, from the requirement to obtain an approval for the work, or

(iii) apply for a water supply work approval for the work.

(5) The exemption is also subject to the condition that the public authority must maintain the water supply work or otherwise decommission the work.

Maximum penalty—20 penalty units.

(6) Despite subsection (5), the exemption is subject to the condition that if the water supply work is a weir, the public authority must decommission the weir as soon as reasonably practicable after the conditions of drought for which the exemption was granted no longer exist.

Maximum penalty—20 penalty units.

(7) The conditions under subsections (5) and (6) continue to apply after the expiry of the exemption as a requirement on the public authority.

(8) The Minister may, by written notice to a public authority, impose other conditions on the exemption, including conditions relating to the following—

(a) the location of the water supply work,

(b) the water source from which water will be taken by the water supply work,

(c) the construction standards with which the water supply work must comply,

(d) the maximum size of the water supply work,

(e) reporting requirements on completion of the construction of the water supply work.

(9) The Minister may, by written notice to a public authority, vary or revoke an exemption or a condition imposed on an exemption.

(10) The Minister may, by written notice to the public authority, extend the duration of the exemption for a period specified in the notice, if—

(a) the public authority has applied to the Minister for the extension, and

(b) the Minister is satisfied—

(i) conditions of drought continue to exist, and

(ii) the extension is in the public interest.

(11) The Minister may, by written notice, direct the public authority to maintain or decommission the work the subject of the exemption in accordance with subsection (5) or (6).

(12) The public authority must comply with the direction under subsection (11).

Maximum penalty—20 penalty units and, for a continuing offence, a further 20 penalty units for each day the offence continues.

(13) In this section—

public authority does not include Landcom or the Superannuation Administration Corporation or their subsidiaries.

relevant period means—

(a) the period specified in the exemption notice, or

(b) if no period is specified in the notice—no later than 3 months before the day on which the exemption expires.

Part 5 Metering and records

Part 5 Metering and records

66 Definitions

66 Definitions

(1) In this part—

approval holder, for an approved work, means the holder of the water supply work approval relating to the approved work.

authority means the following—

(a) a water supply work approval,

(b) an access licence,

(c) another entitlement under the 1912 Act.

(2) For this part, an authority applies to a work if—

(a) the authority authorises the use of the work, or

(b) the work is or may be used to take water permitted to be taken under the authority.

pt.5-div.2-sdiv.1 Mandatory metering equipment condition

Subdivision 1 Mandatory metering equipment condition

67 Definition of “mandatory metering equipment condition”

67 Definition of “mandatory metering equipment condition”

In this regulation, mandatory metering equipment condition means a condition imposed on—

(a) a water supply work approval by the Act, section 101A(1), or

(b) another authority under section 68, or

(c) another authority under section 69.

68 Mandatory metering equipment condition on certain access licences

68 Mandatory metering equipment condition on certain access licences

(1) For the Act, section 115, it is a mandatory condition of an access licence that metering equipment is installed, used and properly maintained in connection with a water supply work that is or may be used to take water under the licence if—

(a) the work is exempt from the requirement for a water supply work approval because of the Environmental Planning and Assessment Act 1979, section 4.41 or 5.23 or because the work is part of a transitional Part 3A project under that Act, or

(b) the work is used for the purpose of prospecting or fossicking for minerals or petroleum under the Mining Act 1992 or the Petroleum (Onshore) Act 1991.

(2) In this section—

transitional Part 3A project has the same meaning as in the Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017, Schedule 2.

69 Mandatory metering equipment condition on 1912 Act entitlements

69 Mandatory metering equipment condition on 1912 Act entitlements

For the Act, section 115A(b), it is a mandatory condition of a licence or other entitlement under the 1912 Act that metering equipment is installed, used and properly maintained in connection with a work that is or may be used to take water under the licence or entitlement.

70 Metering equipment standards

70 Metering equipment standards

For the Act, section 101A(2) and this subdivision, the holder of an authority is taken to have complied with a particular aspect of the mandatory metering equipment condition if the holder has complied with the requirements set out in Schedule 5.

71 Inconsistent metering conditions

71 Inconsistent metering conditions

(1) An authority that is subject to an inconsistent metering condition is taken to be amended by removing the condition on the application day.

(2) In this section—

application day has the same meaning as in Schedule 5.

inconsistent metering condition means a condition that—

(a) relates to an extraction measurement device, flow measurement device or other metering equipment for a work to which the authority applies that is subject to a mandatory metering equipment condition, and

(b) is wholly or partly inconsistent with the mandatory metering equipment condition or any requirements for metering equipment under this regulation.

pt.5-div.2-sdiv.2 Exemptions from metering requirements

Subdivision 2 Exemptions from metering requirements

72 Definitions

72 Definitions

(1) In this subdivision and Schedule 7—

100mm–499mm pump means a pump for surface water—

(a) authorised to be constructed or used under an authority, and

(b) for which the authority permits the pump to have a diameter of—

(i) not less than 100mm, and

(ii) not more than 499mm.

200mm or larger bore means a water bore with a diameter of 200mm or more authorised to be constructed or used under an authority.

(2) For subsection (1), definition of 100mm–499mm pump, the authority is taken to be expressed as permitting the actual size of the pump as constructed, instead of another size, if the holder of the authority has notified the Minister of the size of the pump as constructed under section 58.

73 Conversion of unit shares

73 Conversion of unit shares

For this subdivision and Schedule 7, 1 unit share, in relation to the share component of an access licence, is equal to 1ML.

74 Permanent exemptions from mandatory metering equipment condition

74 Permanent exemptions from mandatory metering equipment condition

For the Act, sections 101A(3)(a) and 400(2), the mandatory metering equipment condition does not apply to a work specified in a provision of Schedule 7, Part 2 in the circumstances, and subject to the conditions, specified in the provision.

75 Temporary exemptions from mandatory metering equipment condition

75 Temporary exemptions from mandatory metering equipment condition

(1) For the Act, sections 101A(3)(a) and 400(2), the mandatory metering equipment condition does not apply to a work specified in a provision of Schedule 7, Part 3 in the circumstances, and subject to the conditions, specified in the provision.

(2) Subsection (1) does not apply to a pump with a diameter that is 500mm or greater or that is the subject of an authority that applies to a work of that kind.

Note—

An exemption under this section does not prevent a person—

(a) from having to comply with a direction given under the Act, section 326, or

(b) from complying with a condition relating to metering equipment imposed under a provision of the Act other than section 101A.

76 Ministerial exemptions from mandatory metering equipment conditions

76 Ministerial exemptions from mandatory metering equipment conditions

(1) For the Act, section 101A(3), the Minister may exempt a holder of an authority, or class of holders, from the application of the mandatory metering equipment condition in relation to a work.

(2) The Minister must not grant the exemption unless the Minister is satisfied of one or more of the following—

(a) it is not possible for water taken using the work to be measured by metering equipment,

(b) the work is not constructed,

(c) the work is decommissioned,

(d) the work is used solely for taking water in accordance with the holder’s basic landholder rights,

(e) the work does not take water from a water source,

(f) the approval holder has declared the work does not and will not take water from a water source.

(3) The Minister may grant an exemption—

(a) at the Minister’s discretion for a holder or class of holders, or

(b) on the application, in the approved form, of a holder.

(4) The Minister may grant the exemption subject to conditions or unconditionally.

(5) The Minister may revoke or amend an exemption—

(a) for an approval holder by written notice to the approval holder, or

(b) at anytime for a class of holders.

(6) The Minister must publish the following on the Department’s website—

(a) an exemption that applies to a class of holders,

(b) the amendment or revocation of the exemption.

77 Mandatory conditions for Ministerial exemptions

77 Mandatory conditions for Ministerial exemptions

For the Act, sections 115 and 115A, it is a mandatory condition of an authority to which an exemption under section 75 applies in relation to a work under the authority, that the holder of the authority—

(a) for an exemption granted under section 76(2)(b), (c), (e), or (f)—must not take water using the work, or

(b) for an exemption granted under section 76(2)(d)—must not take water using the work other than in accordance with the holder’s basic landholder rights.

78 Permanent exemptions from metering equipment standards

78 Permanent exemptions from metering equipment standards

Each of the following works is exempt from the metering equipment standards under Schedule 5, sections 2(1), 4, 5(2), 6, and 7 if—

(a) the work is—

(i) a 200mm or larger bore, or

(ii) a 100mm–499mm pump, or

(iii) a water supply work, other than a pump, used to take water from a water source, and

(b) the total share components of all access licences on which the work is nominated is more than 15ML but less than 100ML.

s 78: Am 2026 (152), Sch 1[3].

pt.5-div.3-sdiv.1 General

Subdivision 1 General

79 Definitions

79 Definitions

In this division—

approved storage work means a work used to store water that is authorised under a water supply work approval.

buffer zone area means an area on a landholding where water is held temporarily before being removed, whether for use or storage.

notified measurement period—see section 84(1).

point-of-intake work means a work used to take water from a water source.

storage work means a work used to store water.

80 Application of division

80 Application of division

(1) This division applies to a water supply work approval under which an approved work is authorised to be constructed or used for the purpose of taking water, or storing water taken, under—

(a) a floodplain harvesting (regulated river) access licence, or

(b) a floodplain harvesting (unregulated river) access licence, or

(c) if the water taken by the approved work is overland flow water taken from a declared floodplain—an unregulated river access licence.

(2) If there is an inconsistency between a condition imposed under this division and a provision of Schedule 5 for an approval to which this division applies, the condition imposed under this division prevails.

81 Mandatory floodplain harvesting condition

81 Mandatory floodplain harvesting condition

(1) For the Act, section 115, it is a mandatory condition of a water supply work approval to which this division applies that—

(a) point-of-intake metering equipment is installed, used and maintained in connection with a point-of-intake work that is authorised to be constructed or used to take water under the approval, and

(b) storage metering equipment is installed, used and maintained in connection with a storage work that is authorised to be constructed or used to store water under the approval.

(2) Despite subsection (1)(a), point-of intake metering equipment is not required to be installed, used or maintained in connection with the point-of-intake work if—

(a) water taken by the work, before being used, is stored in an approved storage work, and

(b) the storage work must have storage metering equipment under subsection (1)(b).

(3) Despite subsection (1)(b), storage metering equipment is not required to be installed, used or maintained in connection with the storage work if—

(a) the water stored by the work, before being used, is taken by a point-of-intake work, and

(b) the point-of-intake work must have point-of-intake metering equipment under subsection (1)(a).

82 Standards for mandatory floodplain harvesting condition

82 Standards for mandatory floodplain harvesting condition

(1) For the Act, section 115, the holder of an approval is taken to have complied with a particular aspect of the mandatory floodplain harvesting condition imposed by section 81 if the holder has complied with the requirements under Schedule 6.

(2) Schedule 6 is a mandatory condition of a water supply work approval if the work is subject to the mandatory condition under section 81.

pt.5-div.3-sdiv.2 Measurement period

Subdivision 2 Measurement period

83 Definition of “measurement period”

83 Definition of “measurement period”

(1) In this part, measurement period, in relation to a water supply work approval, means a period—

(a) beginning when overland flow water is taken by one or more of the works under the water supply work approval for the approved work, and

(b) ending when—

(i) overland flow water is no longer being taken by the approved work or works, and

(ii) supply channel infrastructure used to direct or convey water to a storage work no longer conveys water to any of the approved works, and

(iii) all buffer zone areas related to the approved works are empty of water, other than water that cannot reasonably be transferred to any of the approved works.

(2) The take of overland flow water includes when overland flow water is not able to be isolated from water taken by one or more of the works under—

(a) an access licence other than the following—

(i) a floodplain harvesting (regulated river) access licence,

(ii) a floodplain harvesting (unregulated river) access licence,

(iii) if the overland flow water is taken from a declared floodplain—an unregulated river access licence,

(b) a basic landholder right,

(c) an exemption from holding an access licence.

(3) The take of overland flow water does not include the take of overland flow water under an exemption from a requirement to hold an access licence.

84 Take of water prohibited outside measurement period

84 Take of water prohibited outside measurement period

(1) For the Act, section 115, it is a mandatory condition of a water supply work approval to which this division applies that the approval holder must notify the Minister in the approved form of each measurement period for the water supply work approval (a notified measurement period).

(2) It is a mandatory condition of a water supply work to which this division applies that the approval holder must not take water from a water source outside a notified measurement period with a water supply work nominated for the purpose of taking water, or storing water taken, under the following—

(a) a floodplain harvesting (regulated river) access licence,

(b) a floodplain harvesting (unregulated river) access licence,

(c) for the take of overland flow water only—an unregulated river access licence if the overland flow water is taken from a declared floodplain.

85 Take of unlicensed water during measurement period

85 Take of unlicensed water during measurement period

For the Act, section 115, it is a mandatory condition of a water supply work approval to which this division applies that the approval holder must not take water from a water source during a notified measurement period for a work under the approval if—

(a) the taking of water would be under—

(i) a basic landholder right, or

(ii) an exemption from holding an access licence, and

(b) during the measurement period, the approval holder removes water from an approved storage work, or buffer zone area, that is located on the same landholding as the approved work, and

(c) the water being removed—

(i) has not been measured by point-of-intake metering equipment before its removal, or

(ii) will be used in any way other than being stored in an approved storage work located on the landholding and subject to the mandatory floodplain harvesting condition.

86 Mandatory metering equipment condition applies to works removing water during measurement period

86 Mandatory metering equipment condition applies to works removing water during measurement period

Despite any other provision of this regulation, the mandatory metering equipment condition applies in connection with a work under a water supply work approval to which this division applies if—

(a) the work is used to remove water from an approved storage work or buffer zone area, and

(b) the removal occurs during a notified measurement period for the approval, and

(c) during the measurement period, the approval holder takes water from a water source that is not measured by point-of-intake metering equipment in connection with a work that is subject to the mandatory floodplain harvesting condition, and

(d) after removal, the water is not stored in an approved storage work under the approval and that is subject to the mandatory floodplain harvesting condition.

87 Controlling works

87 Controlling works

(1) This section extends to any water supply work approval despite section 80.

(2) For the Act, section 115, subsections (4) and (5) are mandatory conditions imposed on a water supply work approval to which this section applies.

(3) This section applies if an approval holder is taking water from a water source or removing water from an approved storage work on the landholding to which the approval applies during a measurement period for any approved work on the landholding.

(4) The approval holder must use a work (a controlling work) to prevent water moving between 2 or more other approved works on the landholding if the approved works are each subject to a different approval.

(5) The approval holder must notify the Minister in the approved form before using a controlling work for the purposes of this section.

pt.5-div.3-sdiv.3 Exemptions from metering requirements for floodplain harvesting

Subdivision 3 Exemptions from metering requirements for floodplain harvesting

88 Ministerial exemptions from mandatory floodplain harvesting condition

88 Ministerial exemptions from mandatory floodplain harvesting condition

(1) For the Act, sections 101A(3)(b) and 400(2), the Minister may exempt an approval holder, or a class of approval holders, from the application of the mandatory floodplain harvesting condition in relation to a work under the approval.

(2) The Minister may grant an exemption—

(a) at the Minister’s discretion for a holder or class of holders, or

(b) on application, in the approved form, for a holder.

(3) The Minister must not grant the exemption unless the Minister is satisfied of one of the following—

(a) it is not possible for water taken or stored using the approved work to be measured by—

(i) point-of-intake metering equipment, or

(ii) storage metering equipment,

(b) the work is not constructed,

(c) the work is decommissioned,

(d) the work is used solely for taking water in accordance with the holder’s basic landholder rights,

(e) the work does not take water from a water source,

(f) the approval holder has declared the work does not and will not take water from a water source.

(4) An exemption may be granted unconditionally or subject to conditions.

(5) The Minister may revoke or amend an exemption—

(a) for an approval holder by written notice to the approval holder, or

(b) at anytime for a class of holders.

(6) The Minister must publish on the Department’s website—

(a) an exemption that applies to a class of holders, and

(b) the amendment or revocation of the exemption.

89 Mandatory conditions for Ministerial exemptions

89 Mandatory conditions for Ministerial exemptions

For the Act, section 115A, it is a mandatory condition of an approval to which an exemption under section 88 applies in relation to a work under the approval that the approval holder must—

(a) for an exemption granted under section 88(3)(b), (c) or (e)—not take water from a water source using the work, and

(b) for an exemption granted under section 88(3)(d)—not take water from a water source using the work other than under a basic landholder right, and

(c) for an exemption granted under section 88(3)(f)—

(i) not take water from a water source using the work, and

(ii) ensure the work cannot take water from a water source.

Division 4 Faulty metering equipment

Division 4 Faulty metering equipment

90 Reporting faulty metering equipment

90 Reporting faulty metering equipment

(1) For the Act, section 91IA(b), notice that metering equipment is faulty must be given to the Minister in the approved form.

(2) For the Act, section 400(2), a person is exempt from the Act, section 91IA if—

(a) telemetry equipment is the only part of the metering equipment that is faulty, and

(b) the person gives notice to the Minister in accordance with subsection (1) within 24 hours of becoming aware the telemetry equipment has been faulty for at least 72 hours.

91 Records when metering equipment faulty other than for floodplain harvesting

91 Records when metering equipment faulty other than for floodplain harvesting

(1) For the Act, section 91I(3), a person who takes water from a water source using a metered work while its metering equipment is faulty must comply with this section unless the take of water is under—

(a) a floodplain harvesting (regulated river) access licence, or

(b) a floodplain harvesting (unregulated river) access licence, or

(c) if the water taken is overland flow water from a declared floodplain—an unregulated river access licence.

(2) The person must record the following information—

(a) the purposes for which the water is taken using the metered work,

(b) if a pump is used to take the water—

(i) the size of the pump, and

(ii) the maximum extraction rate of the pump, and

(iii) the dates and times during which the pump is operating,

(c) if the water taken using the metered work is used for irrigation—the area of land that is irrigated with the water,

(d) the last available reading of the metering equipment before the metering equipment became faulty and the first available reading after the metering equipment is repaired or otherwise no longer faulty,

(e) other information that the Minister, by written notice to the person, directs the person to record.

(3) The person must, if directed by the Minister, use an alternative method specified by the Minister to determine the quantity of water taken.

(4) The person must—

(a) record the information in the approved form and manner, and

(b) give a copy of the information to the Minister no later than 28 days after the metering equipment is repaired or no longer faulty, and

(c) keep the information for at least 5 years.

(5) If telemetry equipment is the only part of the metering equipment that is faulty, the person is not required to record the information unless the telemetry equipment has been faulty for at least 72 hours.

92 Records and use of secondary metering device when metering equipment faulty for floodplain harvesting

92 Records and use of secondary metering device when metering equipment faulty for floodplain harvesting

(1) For the Act, section 91I(3), a person who takes water under one or more of the following licences using a metered work while its metering equipment is faulty must comply with this section—

(a) a floodplain harvesting (regulated river) access licence,

(b) a floodplain harvesting (unregulated river) access licence,

(c) if the water taken is overland flow water from a declared floodplain—an unregulated river access licence.

(2) The person must—

(a) not use the metered work unless the metered work has a secondary metering device installed, and

(b) give the following records to the Minister—

(i) the last available reading of the primary metering equipment before the primary metering equipment became faulty,

(ii) the first available reading of the secondary metering device after the primary metering equipment became faulty.

93 Repair or replacement of faulty metering equipment

93 Repair or replacement of faulty metering equipment

(1) For the Act, section 91I(3), a person who takes water by means of a metered work while its metering equipment is faulty must comply with this section.

(2) The person must repair or replace the metering equipment, or arrange for the metering equipment to be repaired or replaced—

(a) within 21 days of becoming aware that the metering equipment is faulty, or

(b) within an extended period permitted under this section.

(3) If telemetry equipment is the only part of the metering equipment that is faulty, the person must repair or replace the telemetry equipment, or arrange for the telemetry equipment to be repaired or replaced—

(a) within 24 hours of becoming aware that the telemetry equipment is faulty, or

(b) within an extended period permitted under this section.

(4) Subsection (3) only applies if the telemetry equipment has been faulty for at least 72 hours after the person became aware of the fault.

(5) If the person becomes aware that the equipment cannot be repaired or replaced within a period under subsection (2)(a) or (3)(a), the person must—

(a) notify the Minister in the approved form and manner, and

(b) seek an extension of the period for repairs or replacements to be carried out.

(6) An application for an extension must specify—

(a) the reasons why the repair or replacement of the metering equipment is not able to be carried out within the period, and

(b) the date by which the metering equipment is proposed to be repaired or replaced.

(7) The Minister may, by written notice given to the person, extend the period for repair or replacement by the period specified in the notice.

(8) A person may make more than one application to extend the period for repair or replacement.

(9) The person must give the following information to the Minister in the approved form no later than 28 days after the faulty metering equipment is repaired or replaced—

(a) the date the metering equipment was repaired or replaced,

(b) a description of any repairs or replacements,

(c) evidence that the metering equipment has been repaired or replaced, which may include a statement from the person who repaired or replaced the metering equipment,

(d) the name of the person who repaired or replaced the metering equipment.

Division 5 Duly qualified persons

Division 5 Duly qualified persons

pt.5-div.5-sdiv.1 Preliminary

Subdivision 1 Preliminary

94 Definition

94 Definition

In this division and Schedule 5—

certificate means a certificate in the approved form and manner.

95 Definition of “duly qualified person”

95 Definition of “duly qualified person”

(1) For the Act, Dictionary, definition of duly qualified person, a person specified in Schedule 8, Table 1, Column 1 is a duly qualified person if the person—

(a) has the qualifications, skills and experience specified opposite in Column 2, and

(b) has completed a registration course specified by the Minister and given notice in the approved form to the Minister of the completion of the course.

(2) However, a person is a duly qualified person only for the purposes of carrying out the work specified in Schedule 8, Table 2, Column 1 if the person is a duly qualified person specified opposite in Column 2.

(3) Subsection (1)(b) does not apply if the person holds a current certification as a certified meter installer issued by a registered training organisation before the commencement of the Water Management (General) Amendment (Metering) Regulation 2025.

pt.5-div.5-sdiv.2 Obligations of duly qualified persons—the Act, s 115B

Subdivision 2 Obligations of duly qualified persons—the Act, s 115B

96 Obligations apply to supervisors

96 Obligations apply to supervisors

In this subdivision, a reference to a duly qualified person, in relation to work carried out by a duly qualified person who is a trainee, is a reference to the duly qualified person who supervised the work.

97 Notification of tampered metering equipment

97 Notification of tampered metering equipment

(1) A duly qualified person who installs metering equipment or who carries out other work on metering equipment must notify the Minister in the approved form and manner, if any, if the person knows or reasonably suspects the equipment has been tampered with.

(2) The notification must be given to the Minister within 7 days after the duly qualified person becomes aware of, or forms the suspicion about, the tampering of the equipment.

Maximum penalty for subsection (2)—100 penalty units.

s 97: Am 2025 No 70, Sch 4[1].

98 Certification of open channel metering equipment design

98 Certification of open channel metering equipment design

(1) A duly qualified person who certifies the design of open channel metering equipment for Schedule 5, section 2(4) must give a certificate to the person who obtained the certification.

Maximum penalty—100 penalty units.

(2) The duly qualified person must give the certificate—

(a) in the approved form and manner, and

(b) within 7 days after the certification.

Maximum penalty—100 penalty units.

s 98: Am 2025 No 70, Sch 4[1].

99 Certification of validation of metering equipment

99 Certification of validation of metering equipment

(1) A duly qualified person who validates metering equipment in accordance with Schedule 5, section 7 must give a certificate to the person for whom the validation is done certifying—

(a) whether the metering equipment complies or does not comply with the matters required to be checked in accordance with AS 4747, and

(b) if the metering equipment does not comply—

(i) the reasons for the non-compliance, and

(ii) the modifications required for compliance or that the equipment cannot be modified to enable compliance.

Maximum penalty—100 penalty units.

(2) The duly qualified person must give the certificate—

(a) in the approved form and manner, and

(b) within 7 days after validation.

Maximum penalty—100 penalty units.

s 99: Am 2025 No 70, Sch 4[1].

100 Certification of metering equipment accuracy under transitional arrangements

100 Certification of metering equipment accuracy under transitional arrangements

(1) A duly qualified person who checks metering equipment for accuracy under Schedule 5, section 9 must give the person for whom the check is done a certificate certifying whether the maximum permissible error of the metering equipment is—

(a) more than plus or minus 5% in the field, or

(b) not more than plus or minus 5% in the field.

Maximum penalty—100 penalty units.

(2) The duly qualified person must give the certificate—

(a) in the approved form and manner, and

(b) within 7 days after the check.

Maximum penalty—100 penalty units.

s 100: Am 2025 No 70, Sch 4[1].

101 Floodplain harvesting—certification of inspections of water supply works

101 Floodplain harvesting—certification of inspections of water supply works

(1) A duly qualified person who performs an inspection of a water supply work under Schedule 6, section 2(2) must give a certificate to the approval holder for the water supply work confirming if water entering the work—

(a) is reasonably able to be measured by equipment that complies with the requirements of Schedule 5, or

(b) is not able to be measured by equipment that complies with the requirements under Schedule 5.

(2) A duly qualified person who performs an inspection of a water supply work under Schedule 6, section 2(3) must give a certificate to the approval holder for the water supply work confirming if the point-of-intake metering equipment for the water supply work—

(a) is installed in compliance with the requirements of Schedule 5, or

(b) is not installed in compliance with the requirements of Schedule 5.

(3) The duly qualified person must give the certificate—

(a) in the approved form and manner, and

(b) within 7 days after the inspection.

Maximum penalty for subsection (3)—100 penalty units.

s 101: Am 2025 No 70, Sch 4[1]; 2026 (152), Sch 1[4] [5].

102 Floodplain harvesting—certification of validation

102 Floodplain harvesting—certification of validation

(1) A duly qualified person who validates storage metering equipment for a water supply work in accordance with the storage metering equipment standards must give a certificate to the person for whom the validation is undertaken—

(a) confirming if the equipment complies or does not comply with the matters required to be checked in accordance with the storage metering equipment standards, and

(b) if the matters checked do not comply with the storage metering equipment standards—

(i) specifying the reasons the equipment does not comply and the modifications required for compliance, or

(ii) stating the equipment is not able to be modified to enable compliance.

(2) A duly qualified person who validates point-of-intake metering equipment for a water supply work in accordance with Schedule 5, section 7 must give a certificate to the person for whom the validation is undertaken—

(a) confirming the equipment complies or does not comply with the matters required to be checked in accordance with AS 4747, and

(b) if the matters checked do not comply with AS 4747—

(i) specifying the reasons the equipment does not comply and the modifications required for compliance, or

(ii) stating the equipment is not able to be modified to enable compliance.

(3) The duly qualified person must give the certificate—

(a) in the approved form and manner, and

(b) within 7 days after the validation.

Maximum penalty for subsection (3)—100 penalty units.

s 102: Am 2025 No 70, Sch 4[1].

103 Floodplain harvesting—certification of accuracy

103 Floodplain harvesting—certification of accuracy

(1) A duly qualified person who checks point-of-intake metering equipment for a water supply work for accuracy under Schedule 5, section 9 must give a certificate to the person for whom the check is undertaken certifying whether or not the maximum permissible error of the metering equipment exceeds plus or minus 5% in the field.

(2) A duly qualified person who checks storage metering equipment for a water supply work for accuracy under Schedule 5, section 9 must give a certificate to the person for whom the check is undertaken certifying whether or not the maximum permissible error of the metering equipment exceeds plus or minus 10mm in the field.

(3) The duly qualified person must give the certificate—

(a) in the approved form and manner, and

(b) within 7 days after the certification.

Maximum penalty for subsection (3)—100 penalty units.

s 103: Am 2025 No 70, Sch 4[1].

104 Floodplain harvesting—certificate of survey benchmarks

104 Floodplain harvesting—certificate of survey benchmarks

(1) A duly qualified person who certifies the location of a survey benchmark, in relation to a water supply work, in accordance with a survey benchmark standard must give a certificate to the person for whom the certification is undertaken—

(a) confirming the benchmark complies or does not comply with the matters required to be checked in accordance with the survey benchmark standard, and

(b) if the matters checked do not comply with the survey benchmark standard—

(i) specifying the reasons the benchmark does not comply and the modifications required for compliance, or

(ii) stating the benchmark is not able to be modified to enable compliance.

(2) The duly qualified person must give the certificate—

(a) in the approved form and manner, and

(b) within 7 days after the certification.

Maximum penalty for subsection (2)—100 penalty units.

s 104: Am 2025 No 70, Sch 4[1].

Division 6 Records and reports

Division 6 Records and reports

105 Definitions

105 Definitions

In this division—

approved telemetry specifications means the telemetry specifications set out in the approved data logging and telemetry specifications approved by the Minister under Schedule 5, section 10.

no take notice—see section 108(2).

s 105: Am 2026 (152), Sch 1[6].

106 Records when using metered works with telemetry

106 Records when using metered works with telemetry

(1) This section applies to an authority under which a work used to take water is used in connection with metering equipment that—

(a) complies with Schedule 5, and

(b) has telemetry capacity that transmits data relating to water measured by the meter in accordance with the approved telemetry specifications.

(2) For the Act, sections 115 and 115A(b), the provisions of this section are mandatory conditions imposed on an authority to which this section applies.

(3) The holder of an authority to which this section applies must—

(a) record in the approved form and manner when water is taken using the work under—

(i) a basic landholder right, or

(ii) an exemption from holding an access licence, and

(b) if the authority is subject to a condition that the holder must confirm specified matters before water is taken in accordance with the authority—record, in the approved form and manner, the means by which the holder confirmed the matters, and

(c) record the information referred to in paragraphs (a) and (b) no later than 24 hours after any day during which the water is taken.

(4) Subsection (3)(b) does not apply in relation to water taken from a regulated river.

(5) The holder of an authority must give the Minister, in an approved way—

(a) if water was taken during the named month—the records made under this section for the water taken, or

(b) if no water was taken during the named month—a statement indicating that no water was taken during the named month.

(6) The records must be given to the Minister not more than 14 days after the end of each named month.

Note—

The Interpretation Act 1987 defines named month as January, February, March, April, May, June, July, August, September, October, November or December.

(7) The holder does not breach this section for a named month if—

(a) the holder has given the Minister a no take notice for the named month, and

(b) the holder did not take water using the work during the named month.

(8) This section does not apply to an authority in relation to a water supply work that is used to take water under—

(a) a floodplain harvesting (regulated river) access licence, or

(b) a floodplain harvesting (unregulated river) access licence, or

(c) if the work is used solely for the taking of overland flow water from a declared floodplain—an unregulated river access licence.

107 Records when using metered works with no telemetry

107 Records when using metered works with no telemetry

(1) This section applies to an authority under which a work is used to take water in conjunction with metering equipment that—

(a) complies with Schedule 5, and

(b) does not have telemetry capacity to transmit data relating to water measured by the meter in accordance with the approved telemetry specifications.

(2) For the Act, sections 115 and 115A(b), the provisions of this section are mandatory conditions imposed on an authority to which this section applies.

(3) The holder of an authority to which this section applies must give the Minister, in an approved way—

(a) a report containing the meter readings of the metering equipment at the beginning and end of the named month, and

(b) give the report not more than 14 days after the end of each named month.

Note—

The Interpretation Act 1987 defines named month as January, February, March, April, May, June, July, August, September, October, November or December.

(4) The holder does not breach the condition for a named month if—

(a) the holder has given the Minister a no take notice for the named month, and

(b) the holder did not take water using the work during the named month.

(5) This section does not apply to the following—

(a) an authority in relation to a water supply work that is used to take water under—

(i) a floodplain harvesting (regulated river) access licence, or

(ii) a floodplain harvesting (unregulated river) access licence, or

(iii) if the water is overland flow water taken from a declared floodplain—an unregulated river access licence,

(b) an authority in relation to a water supply work that is used solely to take water under—

(i) a basic landholder right, or

(ii) an exemption from an access licence.

108 No take notice

108 No take notice

(1) For the Act, sections 115 and 115A(b), the provisions of this section are mandatory conditions imposed on an authority to which sections 106 and 107 apply.

(2) The holder may notify (a no take notice) the Minister, in an approved way—

(a) that the holder does not intend to arrange for or permit water to be taken in a way referred to in section 106(3)(a) or 107(1) during a period specified in the notice not exceeding more than 6 months, and

(b) at least 14 days before the beginning of the period.

(3) To avoid doubt, a no take notice may apply for more than one named month.

(4) A no take notice ceases to have effect if the holder arranges for or permits the water to be taken in a way referred to section 106(3)(a) or 107(1) during the period.

(5) If a holder has given a no take notice and the period has expired or the notice ceases to have effect during a named month, the holder must give the Minister in the approved way—

(a) a statement that the holder did not arrange for or permit the work to take water in a way referred to in section 106(3)(a) or 107(1)—

(i) during the period if the period has expired, or

(ii) during the previous named months in the period if the notice has ceased to have effect during a named month, and

(b) within 14 days of the period ending or the cessation taking effect.

109 Records when using unmetered works

109 Records when using unmetered works

(1) For the Act, sections 115 and 115A, the provisions of this section are mandatory conditions imposed on an authority to which this section applies.

(2) This section applies to an authority under which a work is used without metering equipment to take water.

(3) The holder of an authority to which this section applies must, in relation to a water supply work used to take water—

(a) record water taken using the work, and

(b) separately record when water is taken using the work under—

(i) a basic landholder right, or

(ii) an exemption from holding an access licence, and

(c) for an authority subject to a condition that the holder must confirm specified matters before water is taken—record the means by which the holder confirmed the specified matters if the take is from anything other than a regulated river.

(4) The records must be—

(a) made no later than 24 hours after the day on which water is taken, and

(b) made in an approved form and manner, and

(c) kept for a period of 5 years, and

(d) given to the Minister in an approved form and manner no later than 28 days after the end of the water year in which the water was taken or matters confirmed.

(5) If the holder has not taken any water using the work during a water year, the holder must—

(a) record this fact in the approved form and way, and

(b) give the record to the Minister within 28 days after the end of the water year.

(6) This section does not apply to a water supply work—

(a) used to take water under—

(i) a floodplain harvesting (regulated river) access licence, or

(ii) a floodplain harvesting (unregulated river) access licence, or

(iii) if the water is overland flow water taken from a declared floodplain—an unregulated river access licence, or

(b) used solely to take water under—

(i) a basic landholder right, or

(ii) an exemption from an access licence.

110 Metering records and reports relating to non-urban metering—the Act, s 91J

110 Metering records and reports relating to non-urban metering—the Act, s 91J

The following metering records must be kept for a period of 5 years by a person who is subject to a mandatory metering equipment condition—

(a) a certificate given under section 103 or 104 by a duly qualified person,

(b) a copy of a record made under section 106,

(c) a copy of a report made under section 107,

(d) a copy of a report given to the Minister under Schedule 5, section 8 or 9,

(e) a copy of a written certification given to the Minister under Schedule 5, section 9(2)(b).

111 Metering records relating to floodplain harvesting—the Act, s 91J

111 Metering records relating to floodplain harvesting—the Act, s 91J

(1) The holder of a water supply work approval subject to the mandatory floodplain harvesting condition must keep the following metering records for a period of 5 years—

(a) a certificate given under this division by a duly qualified person in relation to the following—

(i) point-of-intake metering equipment,

(ii) storage metering equipment,

(iii) a survey benchmark,

(iv) a secondary metering device,

(v) a storage curve within the meaning of Schedule 6, section 3(10),

(b) a copy of a record made in accordance with section 112(1) and (2),

(c) a copy of a report given to the Minister under Schedule 5, section 8 or 9,

(d) a copy of a written certification given to the Minister under Schedule 5, section 9(2)(b).

(2) For the Act, section 115, it is a condition of an approval subject to the mandatory floodplain harvesting condition that the approval holder must give the Minister a copy of a certificate referred to in subsection (1)(a) within 28 days of receiving the certificate.

112 Records and reports relating to measurement period

112 Records and reports relating to measurement period

(1) The approval holder must record, in the approved form, the amount of water—

(a) taken and stored using the approved works during each 24-hour period throughout the measurement period for the works, and

(b) added to the approved works taken under the authority of an access licence referred to in section 83(2)(a).

(2) The approval holder must give the Minister, in the approved form, a copy of records kept under subsection (1)—

(a) on a fortnightly basis during the measurement period for the works, and

(b) made between the last fortnightly report and the end of the measurement period, not later than 14 days after the end of the measurement period.

(3) The approval holder must also record, in the approved form, the following information if water is used during a measurement period—

(a) the location for which the water was used,

(b) the volume of water used,

(c) the metered works used in connection with the water.

(4) The approval holder must give the Minister, in the approved form, a copy of records kept under subsection (3) within 24 hours of the water being used during the measurement period.

113 Meter reading records and reports for secondary metering devices

113 Meter reading records and reports for secondary metering devices

For the Act, section 115, an approval holder who uses a secondary metering device due to a fault with the primary metering equipment must comply with the following requirements—

(a) the approval holder must record the reading of the secondary metering device—

(i) if the primary metering equipment is faulty at the start of the measurement period—within 24 hours of the start of the measurement period, or

(ii) if the primary metering equipment becomes faulty during the measurement period—within 24 hours of becoming aware the primary metering equipment is faulty,

(b) the approval holder must record the reading of the secondary metering device within 24 hours of the end of the measurement period,

(c) the approval holder must give records under this section, in the approved form, to the Minister not later than 14 days after the end of the measurement period,

(d) the approval holder must keep a record made under this section for 5 years after the end of the measurement period.

114 Copies of certificates from duly qualified persons to Minister

114 Copies of certificates from duly qualified persons to Minister

For the Act, sections 115 and 115A(b), it is a mandatory condition of an authority to which the mandatory metering equipment condition applies, that the holder must give the Minister a copy of a certificate given by a duly qualified person to the holder under section 98 or 99 within 28 days of receiving the certificate.

Division 7 Miscellaneous

Division 7 Miscellaneous

115 Metering equipment installed by Ministerial Corporation

115 Metering equipment installed by Ministerial Corporation

(1) The Ministerial Corporation is the owner of metering equipment installed or replaced by the Ministerial Corporation on or after 4 March 2011.

(2) The Ministerial Corporation may exercise the function of modifying metering equipment, whether or not the metering equipment is the property of the Corporation, but must not exercise that function to the exclusion of another person unless the metering equipment is referred to in subsection (3).

(3) The Ministerial Corporation may exercise the functions specified in the Act, section 372A(2) exclusively in relation to the following metering equipment—

(a) metering equipment installed, modified or replaced by the Ministerial Corporation on or after 4 March 2011,

(b) metering equipment installed, modified or replaced by the Ministerial Corporation before 4 March 2011 under the Funding Deed dated 15 April 2009 between the Commonwealth of Australia and NSW in relation to the Hawkesbury Nepean River Recovery Project.

116 Mandatory conditions imposed on entitlements under 1912 Act

116 Mandatory conditions imposed on entitlements under 1912 Act

A mandatory condition imposed on a licence or an entitlement under the 1912 Act by this part is taken to have been imposed on the licence or other entitlement under that Act.

Part 6 Irrigation corporations

Part 6 Irrigation corporations

117 Definition

117 Definition

In this part—

local newspaper, in relation to an area, means—

(a) a local newspaper published in the area, or

(b) if there is no local newspaper published in the area—a newspaper circulating in the area.

118 Applications for inclusion of land in area of operations

118 Applications for inclusion of land in area of operations

(1) For the Act, section 128(3), an application must be in the approved form.

(2) An application for the inclusion of land with an area of more than 15% of the irrigation corporation’s existing area of operations must be advertised, by the Minister, by written notice published—

(a) in a local newspaper, if there is a local newspaper, and

(b) on the Department’s website.

(3) The notice must contain the following information—

(a) the name of the applicant,

(b) the name of the irrigation corporation in whose area of operations the land is proposed to be included,

(c) the purpose of the application,

(d) the area of the land proposed to be included in the area of operations,

(e) the general location of the land,

Example—

the lot and deposited plan number

(f) the time by which objections to the application must be made,

(g) a postal or email address, or both, to which objections may be sent.

119 Objections to inclusion of land in area of operations

119 Objections to inclusion of land in area of operations

For the Act, section 129(2), a written objection to the inclusion of land in an irrigation corporation’s area of operations must—

(a) be made within 28 days after notice of the proposed inclusion of land is published on the Department’s website, and

(b) be sent to the postal or email address specified for objections in the notice, and

(c) include the name and address of the objector, and

(d) specify the grounds of the objection.

120 Applications to exclude land from area of operations

120 Applications to exclude land from area of operations

(1) For the Act, section 132(3), an application must be made in the approved form.

(2) An application to exclude land with an area of more than 15% of the irrigation corporation’s existing area of operations must be advertised, by the Minister, by written notice published—

(a) in a local newspaper, if there is a local newspaper, and

(b) on the Department’s website.

(3) The notice must contain the following information—

(a) the name of the applicant,

(b) the name of the irrigation corporation from whose area of operations the land is proposed to be excluded,

(c) the purpose of the application,

(d) the area of the land proposed to be excluded from the area of operations,

(e) the general location of the land,

Example—

the lot and deposited plan number

(f) the time by which objections to the application must be made,

(g) a postal or email address, or both, to which objections may be sent.

121 Objections to exclusion of land from area of operations

121 Objections to exclusion of land from area of operations

For the Act, section 133(2), an objection to an exclusion of land from an irrigation corporation’s area of operations must—

(a) be made in writing within 28 days after notice of the proposed inclusion of land is published on the Department’s website, and

(b) be sent to the postal or email address specified for objections in the notice, and

(c) include the name and address of the objector, and

(d) specify the grounds of the objection.

Part 7 Private water corporations and private water trusts

Part 7 Private water corporations and private water trusts

122 Definition

122 Definition

In this part—

entity stakeholder means—

(a) a member of a private water entity, or

(b) a landholder to whom the entity provides services, or

(c) a person with whom the entity enters into an agreement under the Act, section 151 or 231.

123 Fees

123 Fees

For the following provisions of the Act, a fee of $150 is prescribed—

(a) section 141(2)(d),

(b) section 159(2)(d),

(c) section 239(2)(d),

(d) section 239D(2)(d).

124 Directors

124 Directors

(1) For the Act, sections 144(5) and 223(7), a person ceases to be a director of a private water entity if the person—

(a) dies, or

(b) resigns, or

(c) is absent, without leave, from 3 consecutive meetings of the entity, or

(d) becomes personally insolvent, or

(e) becomes a mentally incapacitated person, or

(f) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more, or

(g) is convicted in another jurisdiction of an offence that, if committed in New South Wales, would be an offence punishable by 12 months or more, or

(h) is convicted, in any jurisdiction, of an offence involving fraud.

(2) In this section—

director, of a private water entity, means—

(a) a board member of a private water corporation, or

(b) a trustee of a private water trust.

125 Rules may require security

125 Rules may require security

(1) For the Act, sections 145(2)(n) and 225(2)(o), the rules of a private water entity may require an entity stakeholder to give security for the payment of rates and charges to the entity, other than a charge under the Act, section 170.

(2) The rules may require only the following kinds of security—

(a) a charge over an access licence,

(b) a guarantee by an authorised deposit-taking institution,

(c) a deposit lodged with the entity,

(d) a charge over a member’s water entitlement,

(e) another kind of security agreed between the entity and the entity stakeholder.

(3) The rules must not require the entity stakeholder to give security of a value greater than the higher of the following—

(a) 5 times the value of the rates and charges levied by the private water entity on the entity stakeholder in the immediately preceding water year,

(b) 5 times the prescribed amount.

(4) The rules may permit the forfeiture of security only if—

(a) the amount for which the security is given is unpaid for at least 6 months from the date the amount becomes payable, and

(b) the entity gives the entity stakeholder written notice (a forfeiture notice) of, and reasons for, the intention to forfeit the security, and

(c) the entity considers submissions made within the submission period for the forfeiture notice by or on behalf of the entity stakeholder, and

(d) the entity gives the entity stakeholder the option of entering into a payment plan as an alternative to forfeiture, and

(e) the entity stakeholder declines the option of entering into, or does not comply with, the payment plan.

(5) In this section—

forfeiture, of security, includes the enforcement or realisation of the security.

prescribed amount means the average of the value of the rates and charges levied by the private water entity per entity stakeholder for each of the immediately preceding 5 water years.

Example—

For security required to be given in a water year, the prescribed amount is the average of 5 amounts, being the amounts, one for each of the immediately preceding 5 water years, determined by dividing the value of the rates and charges levied by the entity in the water year by the number of entity stakeholders of the entity in the water year.

submission period, for a forfeiture notice, means the following period after the giving of the notice—

(a) a period of 21 days, or

(b) if a longer period is specified in the notice—the longer period.

126 Rules about dealings

126 Rules about dealings

For the Act, sections 145(2)(n) and 225(2)(o), the rules of a private water entity may make provision about dealings under the Act, Chapter 3, Part 2, Division 4.

127 Notification of rules

127 Notification of rules

For the Act, sections 145(4) and 225(4), a private water entity must notify each entity stakeholder of changes to its rules, or replaced rules—

(a) in writing, and

(b) within 2 business days after the change or replacement.

128 Works plans

128 Works plans

(1) For the Act, sections 153(2) and 233(2), a works plan must include the following—

(a) a map or diagram of the private water entity’s entity works,

(b) if the entity is the holder of—

(i) an access licence—the access licence number, or

(ii) a water management work approval or an activity approval—the approval number,

(c) a statement of an address—

(i) at which a copy of the works plan is kept, and

(ii) from which a copy of the works plan may be obtained by an entity stakeholder.

(2) For the Act, sections 153(5) and 233(5), a copy of a works plan must be—

(a) kept at the address referred to in subsection (1)(c)(i), and

(b) given to an entity stakeholder within 5 business days of the stakeholder requesting a copy of the works plan.

(3) In this section—

entity works means—

(a) corporation works, or

(b) trust works.

129 Water entitlements

129 Water entitlements

(1) For the Act, sections 154(3)(e) and 234(3)(e), previous determinations of water entitlements for all members of the private water entity are prescribed.

(2) For the Act, sections 154(5) and 234(5), a determination of a member’s water entitlement must specify the following—

(a) the matters considered by the private water entity in making the determination,

(b) the proportion of the share component of an access licence held by or on behalf of the entity that is available to the member,

(c) the licence category of the member’s proportion of the share component.

(3) For the Act, sections 154(6) and 234(6), a determination may be varied or redetermined to correct an error, but only on a further application made by a member of the private water entity within 2 years of the determination.

(4) To avoid doubt, a member of a private water entity referred to in subsection (3) means a person who, at the time of the further application, is—

(a) a current member, and

(b) not merely a former member.

(5) For the Act, sections 154(7) and 234(7), a member of a person’s immediate family means—

(a) a spouse or de facto partner, or a former spouse or de facto partner, of the person, or

(b) a child or step-child of the person, or

(c) a grandchild or step-grandchild of the person, or

(d) a parent or step-parent of the person, or

(e) a grandparent or step-grandparent of the person, or

(f) a brother, sister, step-brother or step-sister of the person.

130 Notification of sale of land

130 Notification of sale of land

For the Act, sections 161(2) and 239B(2), a member of a private water entity must notify the entity of the sale of land—

(a) by giving the entity written notice before the sale of the member’s intention to sell the land, and

(b) by giving the entity written notice within 21 days of the sale of the following—

(i) the date of the sale,

(ii) the identity of the purchaser,

(iii) whether the member informed the purchaser the land was land to which the entity provides, or is able to provide, water supply or drainage services.

131 Rates and charges

131 Rates and charges

For the Act, sections 163(6) and 239E(6), a private water entity must give written notice of its rates and charges for a year—

(a) within 21 days of fixing the rates and charges, and

(b) if interest is payable on unpaid rates and charges—by specifying—

(i) the basis on which interest is calculated, and

(ii) when the interest becomes payable.

132 Qualifications for appointment as auditor

132 Qualifications for appointment as auditor

For the Act, sections 166(5) and 239H(5), each of the following persons is qualified for appointment as an auditor—

(a) a registered company auditor within the meaning of the Corporations Act 2001 of the Commonwealth,

(b) a Certified Practising Accountant member of CPA Australia, New South Wales Division,

(c) a member of Chartered Accountants Australia and New Zealand who holds a Certificate of Public Practice issued by that organisation,

(d) a member of the Institute of Public Accountants who holds a Professional Practice Certificate issued by that organisation.

133 Liquidators

133 Liquidators

For the Act, sections 177(3) and 239P(3), the liquidator of a private water entity must not be a member of, or have a direct or indirect pecuniary interest in, the entity.

134 Charges for water illegally taken and damage to works

134 Charges for water illegally taken and damage to works

(1) For the Act, section 170(4)(a), the value of the water must be, subject to this section, determined in accordance with section 139.

(2) For the Act, section 170(9), a private water corporation must not exercise powers under the Act, section 170 unless—

(a) the corporation’s satisfaction of the following, as the case requires, is based on evidence tabled at a meeting of the corporation or its board—

(i) that a person has knowingly taken water as referred to in the Act, section 170(1),

(ii) that a person has destroyed, damaged or interfered with a work that is owned by, or is under the control or management of, the corporation as referred to in the Act, section 170(2), and

Note—

Under the Act, section 170(1) and (2), the private water corporation must be satisfied of these things on the balance of probabilities.

(b) the corporation has given at least 21 days notice of the intention to exercise the power, and reasonable particulars of the proposed exercise of the power, to the Minister, and

(c) for the imposition of a charge for the taking of water—the Minister has notified the private water corporation that the Minister is not aware that a person has taken or intends to take action of the following kind in relation to the taking of the water—

(i) the commencement of criminal proceedings,

(ii) the issue of a penalty notice,

(iii) the imposition of a charge or a decision to debit a water allocation under the Act, section 60G(1),

(iv) the commencement of proceedings under the Act, section 336 for an order to remedy or restrain a breach of the Act or the regulations,

(v) the acceptance of an undertaking under the Act, Chapter 7, Part 1, Division 8, and

(d) the corporation’s rules specify how the powers may be exercised, and

(e) the exercise of the powers is in accordance with the rules.

(3) For the Act, section 145(2)(n), the rules of a private water corporation may provide for the matter mentioned in subsection (3)(d).

135 Appointment of authorised officers

135 Appointment of authorised officers

For the Act, section 171(1), an appointment of an authorised officer of a private water corporation must—

(a) specify the powers the officer may exercise, and

(b) state that the officer must only exercise the powers in relation to water management works shown on the corporation’s works plan.

Part 8 Public works

Part 8 Public works

136 Hunter Valley flood mitigation works—statement of particulars

136 Hunter Valley flood mitigation works—statement of particulars

For the Act, section 263(3)(d), an estimate of the following must be set out in a statement—

(a) the amount of compensation payable, or likely to become payable, during the financial year as a consequence of carrying out each work under the Public Works and Procurement Act 1912,

(b) the percentage of the cost of constructing and maintaining each work included in the program of flood works that a local council will be liable to contribute under the Act, section 260(2)(a),

(c) the amount of payments to be made by the Minister during the financial year in relation to protective works under the Act, section 261,

(d) the amount of payments likely to be received from a public authority during the financial year in relation to protective works under the Act, section 261,

(e) the amount of payments made under the Act, section 262 by Local Land Services during a previous financial year that remained unexpended at the end of the previous financial year,

(f) the amount of payments a local council will be required to make towards maintenance during a financial year under the Act, section 265.

137 Hunter Valley flood mitigation works—statement of cost of maintenance and compensation

137 Hunter Valley flood mitigation works—statement of cost of maintenance and compensation

For the Act, section 266(1)(b), an estimate of the following must be set out in a statement—

(a) the cost of maintenance the Minister considers should be carried out during the financial year in relation to each flood work,

(b) the amount of compensation likely to become payable by the Minister during the financial year as a consequence of the maintenance,

(c) the amount of compensation payable, or likely to become payable by the Minister during the financial year as a consequence of the maintenance of each flood work carried out in a previous financial year,

(d) the percentage that, under the Act, section 260(2)(a), the Minister has determined a local council must contribute to the cost of construction and maintenance,

(e) the amount of payments made under the Act, section 265(1) by a local council during a previous financial year that remained unexpended at the end of the previous financial year.

Part 9 Enforcement and compliance

Part 9 Enforcement and compliance

138 Compliance audits

138 Compliance audits

(1) This section applies to the holder of an access licence or an approval who has been directed by the Minister to undertake a compliance audit to the satisfaction of the Minister.

(2) For the Act, sections 326A(4) and 400(1)(e), the holder must prepare a report on the results of the compliance audit (a compliance audit report) that includes the following—

(a) an assessment of whether the holder has complied with the compliance requirements,

(b) an assessment of how the holder has complied with the compliance requirements,

(c) an assessment of the risks of non-compliance with the compliance requirements,

(d) recommendations to remedy non-compliance or risks of non-compliance identified in the compliance audit,

(e) references to all documents and information considered by the holder and the compliance auditor, if not the holder, in carrying out the compliance audit.

Note—

See the Crimes Act 1900, Part 5A dealing with offences for providing false and misleading information to the Minister.

(3) The holder must submit a compliance audit report within the time specified by the Minister in the direction.

(4) The Minister may require the holder to give the Minister the information used in preparing the compliance audit report within 5 years after the report is submitted to the Minister.

(5) The holder must pay all the costs associated with the compliance audit and the compliance audit report.

(6) The following persons are qualified to carry out compliance audits—

(a) if required by the direction—

(i) the holder of the access licence or the approval, or

(ii) a duly qualified person, but only in relation to the work for which the person is duly qualified, or

(iii) a person who holds a qualification issued by an Australian university, and who has at least 10 years experience, in a field of engineering or environmental science sufficient to enable the person to assess compliance with legal requirements under the Act, as they relate to the holder’s activities,

(b) a person qualified as an auditor for the Australian and New Zealand Standard entitled AS/NZS ISO 14001:2016, Environmental management systems—Requirements with guidance for use, as in force from time to time.

(7) In this section—

compliance requirement means a requirement, specified in the direction, that is—

(a) a condition on the holder’s access licence or approval, or

(b) another requirement applying to the holder under the Act or this regulation.