5APublic authorities—taking water from unregulated river water sources for environmental purposes

5A Public authorities—taking water from unregulated river water sources for environmental purposes

5A Public authorities—taking water from unregulated river water sources for environmental purposes

(1) A relevant person is exempt in relation to taking water from an unregulated river water source for an environmental purpose if the water taken was in the unregulated river water source as a result of being taken, whether by the person or another person, from a regulated river water source under an access licence for an environmental purpose or an exemption to which section 5B(1)(a) applies.

(2) The amount of water taken under subsection (1) from the unregulated river water source must be an amount that—

(a) is not more than the amount of water taken from the regulated river water source, and

(b) does not include an amount of water used to deliver the water taken from the regulated river water source.

(3) An exemption conferred by this section is subject to the condition that the person must—

(a) as soon as practicable after completion of the delivery of water or flows in relation to which the water was taken, record, in the approved form and approved manner, the amount of water taken, and

(b) record, in the approved form and approved manner, the works used in taking the water, and

(c) keep the records for 5 years after the records are made, and

(d) give a copy of the record to the Minister in an approved manner—

(i) not later than 28 days after the end of the water year in which the water was taken, or

(ii) by an earlier date if notified in writing by the Minister.

(4) For subsection (3), a reference to completion of a delivery of water or flows includes completion of a delivery requiring one or more releases of water over a period of time before being completed.

(5) In this section—

delivery of water, includes conveyance, release or supply.

relevant person means the following—

(a) the Commonwealth Environmental Water Holder,

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