New South Wales regulation

Water NSW Regulation 2026

In ForceNSW

Jurisdiction

New South Wales

Act Number

481 of 2026

Collection

regulation

Plain English Summary

2/10 complexity

What's in this file: This page shows the Water NSW Regulation 2026 as an in‑force webpage record (current from 28 Aug 2026), with administrative metadata (file modified 1 Sep 2026) and a note that all provisions have commenced.

What it doesn’t show: the uploaded text contains no substantive regulatory provisions — only status notes (for example, "automatically repealed under the Subordinate Legislation Act 1989 on 1 September 2031" and certification under "section 45C of the Interpretation Act 1987"). This is legal information, not legal advice.

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What it does

The Water NSW Regulation 2026 is stated to commence on 1 September 2026. It replaces the Water NSW Regulation 2020, which is repealed on that date (ss 1-2). The text establishes rules for activities on designated special and controlled areas, gives Water NSW and the Regulatory Authority specified regulatory powers, and sets out offences, exceptions, directions, fees and penalty-notice amounts.

Its land rules differ according to location and tenure. Division 1 of Part 3 applies to land in any special area or controlled area and regulates matters including interference with water, pollution, sewage facilities, damage to Water NSW structures, certain animal-related activities and carcass disposal near water (ss 9-15). Division 2 applies where the land is both Crown land or Water NSW land and in a special or controlled area. It addresses livestock, access restrictions, conduct restricted by signs, removal of property and directions by authorised officers (ss 16-23). Divisions 3 and 4 add separate rules for Schedule 1 and Schedule 2 land, with different lists of prohibited activities (ss 24-43).

The instrument also assigns functions to the Regulatory Authority under specified parts of the Protection of the Environment Operations Act 1997 (POEO Act), subject to stated purpose and activity limitations (ss 4-7). Water NSW may grant consent through signs or written instruments, and may determine entry fees for special or controlled areas (ss 44-46). The regulation also prescribes three local councils for the purposes of the Water NSW Act 2014 and authorises the chief executive officer for a specified delegation provision (ss 48-49).

The text does not supply the scheduled land map itself. The Dictionary identifies it as the map titled “Special and Controlled Areas Schedule 1 and 2 Land”, published by Water NSW on 1 September 2026. Accordingly, the schedules’ place names and descriptions should be read together with that map, rather than treated as a complete parcel-by-parcel boundary description.

Current sections

Direct links to the current provisions in Water NSW Regulation 2026.

Part 1

Preliminary

Part 1 Preliminary

Name of regulation

1 Name of regulation

This regulation is the Water NSW Regulation 2026.

Commencement

2 Commencement

This regulation commences on 1 September 2026.

Note—

This regulation replaces the Water NSW Regulation 2020, which is repealed on 1 September 2026 by the Subordinate Legislation Act 1989, section 10(2).

Definitions

3 Definitions

The dictionary in Schedule 4 defines words used in this regulation.

Note—

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

Part 2

Regulatory Authority

Part 2 Regulatory Authority

Regulatory Authority may exercise powers of EPA and other regulatory authorities—the Act, s 63(2)

4 Regulatory Authority may exercise powers of EPA and other regulatory authorities—the Act, s 63(2)

(1) The Regulatory Authority has the same functions as the EPA or another regulatory authority, including the functions of the appropriate regulatory authority, under the following provisions of the Protection of the Environment Operations Act 1997 in relation to a relevant non-scheduled activity and in relation to an offence set out in this regulation, Part 3—

(a) Chapter 4,

(b) Chapter 7, other than section 186,

(c) Part 8.2, Division 2.

(2) The Regulatory Authority has the same functions as the EPA under the Protection of the Environment Operations Act 1997, Part 8.2 in relation to an offence—

(a) against that Act, section 144AE, 144AH, 145, 145A, 146, 146A, 146B or 146C, and

(b) committed or alleged to have been committed in a declared catchment area.

(3) The Regulatory Authority has the same functions—

(a) as the EPA under the Protection of the Environment Operations Act 1997, section 316 for a dispute referred to in that section, and

(b) as a regulatory authority under the Protection of the Environment Operations Act 1997, section 319 or 320 for a disclosure referred to in that Act, section 319 or 320.

(4) If the Regulatory Authority exercises a function of the EPA or another regulatory authority, including the appropriate regulatory authority, under the Protection of the Environment Operations Act 1997—

(a) that Act applies in relation to the exercise of the function, including any—

(i) provisions relating to the exercise of the function, and

(ii) offences under that Act, and

(iii) provisions relating to proceedings for offences, and

(iv) appeal provisions, and

(b) references in that Act to the following are taken to include the Regulatory Authority—

(i) the EPA,

(ii) another regulatory authority, including the appropriate regulatory authority,

(iii) an authorised officer.

(5) In this section—

relevant non-scheduled activity means a non-scheduled activity carried out or proposed to be carried out—

(a) within a declared catchment area or controlled area, or

(b) outside a declared catchment area or controlled area and that affects or may possibly affect a declared catchment area or controlled area.

Purposes for which functions may be exercised

5 Purposes for which functions may be exercised

For the Act, section 64AA(a), the Regulatory Authority must not exercise the functions conferred on the Authority by this part unless the exercise is for one or more of the following purposes—

(a) protecting declared catchment areas,

(b) protecting and enhancing the quality of water in declared catchment areas,

(c) protecting controlled areas,

(d) protecting and enhancing the quality of water in controlled areas.

Limitations on functions of Regulatory Authority

6 Limitations on functions of Regulatory Authority

(1) For the Act, section 64AA(a), the Regulatory Authority must not exercise the functions of a regulatory authority in relation to the following—

(a) activities authorised under an environment protection licence,

(b) a non-scheduled activity authorised or controlled by an environment protection licence.

Note—

The appropriate regulatory authority in relation to the activities listed in this subsection will generally be the EPA.

(2) The Regulatory Authority must not exercise the functions of a regulatory authority in relation to the activities of Water NSW if the regulatory authority for the functions is Water NSW.

Relationship between directions of regulatory authorities—the Act, s 63(2)

7 Relationship between directions of regulatory authorities—the Act, s 63(2)

(1) If, when the Regulatory Authority is exercising the functions conferred on it by this part, the Regulatory Authority and another regulatory authority both give an environment protection notice in relation to the same pollution incident, premises or activity and it is not possible to comply with the requirements of both notices—

(a) if the other regulatory authority is the EPA—

(i) the notice given by the EPA prevails, and

(ii) the notice given by the Regulatory Authority does not have to be complied with, to the extent that it is not possible to comply with the notice and the notice given by the EPA, and

(b) otherwise—

(i) the notice given by the Regulatory Authority prevails, and

(ii) the notice given by the other regulatory authority does not have to be complied with, to the extent that it is not possible to comply with the notice and the notice given by the Regulatory Authority.

Note—

The powers conferred on the Regulatory Authority by this regulation overlap with the powers of local authorities, such as local councils, under the Protection of the Environment Operations Act 1997, section 6(3).

(2) In this section—

activity has the same meaning as in the Protection of the Environment Operations Act 1997.

pollution incident has the same meaning as in the Protection of the Environment Operations Act 1997.

premises has the same meaning as in the Protection of the Environment Operations Act 1997.

Regulatory Authority to keep register—the Act, s 64AA(b) and (c)

8 Regulatory Authority to keep register—the Act, s 64AA(b) and (c)

(1) The Regulatory Authority must keep a register containing the following information—

(a) details of each of the following notices given by the Regulatory Authority—

(i) an environment protection notice,

(ii) a catchment correction notice,

(iii) a catchment protection notice,

(b) details of convictions in prosecutions brought by the Regulatory Authority under the Protection of the Environment Operations Act 1997,

(c) the results of civil proceedings before the Land and Environment Court brought by or against the Regulatory Authority under the Protection of the Environment Operations Act 1997,

(d) other matters the Regulatory Authority considers appropriate, having regard to the purposes of the Protection of the Environment Operations Act 1997.

(2) The register must also continue to record details, results or other matters that were included in the register by the Sydney Catchment Authority before the Sydney Catchment Authority’s abolition.

(3) The Regulatory Authority may remove from the register a notice referred to in subsection (1)(a) that has been withdrawn or revoked.

(4) A copy of the register must be available for inspection on a website maintained by the Regulatory Authority.

(5) A copy of a part of the register may be obtained by members of the public from the Regulatory Authority on payment of a fee to be determined by the Regulatory Authority.

(6) In this section—

details of a matter means—

(a) particulars of the matter, or

(b) a copy of the matter, or

(c) an electronic or other reproduction of the matter.

Part 3

Special and controlled areas—the Act, ss 51 and 55

Part 3 Special and controlled areas—the Act, ss 51 and 55

Division 1

Conduct on all special and controlled areas

Division 1 Conduct on all special and controlled areas

Application of division

9 Application of division

This division applies to land in—

(a) a special area, or

(b) a controlled area.

No interference with water

10 No interference with water

(1) A person must not dam, divert or take water located on land to which this division applies that is—

(a) water from which Water NSW draws supply, or

(b) water available for supply by Water NSW.

Maximum penalty—

(a) for a corporation—400 penalty units, or

(b) otherwise—200 penalty units.

(2) A person does not commit an offence under subsection (1) for anything done with—

(a) the consent of Water NSW, or

(b) lawful authority under the Water Management Act 2000 or the Water Act 1912.

Control of pollution

11 Control of pollution

(1) A person must not—

(a) bring a relevant substance into or leave a relevant substance on—

(i) land to which this division applies, or

(ii) if the nature of the relevant substance increases the risk of harm to the environment on the land—an area of land adjoining the land, or

(b) cause, arrange for or contribute to the pollution of waters on the land.

Maximum penalty—

(a) for a corporation—400 penalty units, or

(b) otherwise—200 penalty units.

(2) A person does not commit an offence under subsection (1) for anything done—

(a) with the consent of Water NSW, or

(b) in accordance with an environment protection licence.

(3) If the Regulatory Authority or an authorised officer has reason to believe a person is in contravention of subsection (1), the Regulatory Authority or authorised officer may direct the person to do one or more of the following—

(a) dispose of the relevant substance,

(b) remove the relevant substance from the following—

(i) the land,

(ii) if the nature of the relevant substance increases the risk of harm to the environment on the land—an area of land adjoining the land,

(c) make available for inspection by the Regulatory Authority or authorised officer a device or record in the person’s possession,

(d) remedy pollution or contamination of the land, or an area of land adjoining the land, caused by the contravention.

(4) A person given a direction under subsection (3) must comply with the direction.

Maximum penalty—

(a) for a corporation—400 penalty units, or

(b) otherwise—200 penalty units.

(5) In this section—

harm, to the environment, includes—

(a) a direct or indirect alteration of the environment that degrades the environment, and

(b) an act or omission that results in pollution.

pollutant means a thing that causes pollution within the meaning of the Protection of the Environment Operations Act 1997.

pollution of waters has the same meaning as in the Protection of the Environment Operations Act 1997.

record includes a truck manifest and driver logbook.

relevant substance means the following—

(a) a pollutant,

(b) waste,

(c) another substance on the land the Regulatory Authority or authorised officer considers may harm the land.

waste has the same meaning as in the Protection of the Environment Operations Act 1997.

On-site sewage management facilities

12 On-site sewage management facilities

(1) The owner or occupier of land to which this division applies must not erect, install or operate an on-site sewage management facility on the land.

Maximum penalty—

(a) for a corporation—400 penalty units, or

(b) otherwise—200 penalty units.

(2) A person does not commit an offence under subsection (1) for anything done—

(a) with the consent of Water NSW, or

(b) in accordance with one or more of the following—

(i) a development consent granted under the Environmental Planning and Assessment Act 1979,

(ii) an approval granted under the Local Government Act 1993,

(iii) an environment protection licence.

Destruction or damage of structures or works

13 Destruction or damage of structures or works

(1) A person must not destroy or damage a structure or work owned by or under the control of Water NSW on land to which this division applies.

Maximum penalty—

(a) for a corporation—400 penalty units, or

(b) otherwise—200 penalty units.

(2) A person does not commit an offence under subsection (1) for anything done with the consent of Water NSW.

Animal management

14 Animal management

(1) A person must not, on land to which this division applies, erect, maintain or use a building or structure for one or more of the following—

(a) aquaculture,

(b) intensive livestock agriculture,

(c) an animal boarding or training establishment.

Maximum penalty—

(a) for a corporation—400 penalty units, or

(b) otherwise—200 penalty units.

(2) A person does not commit an offence under subsection (1) for anything done—

(a) with the consent of Water NSW, or

(b) in accordance with a licence, development consent or approval granted under one or both of the following—

(i) the Environmental Planning and Assessment Act 1979,

(ii) the Protection of the Environment Operations Act 1997.

(3) In this section—

animal boarding or training establishment has the same meaning as in the standard instrument set out in the Standard Instrument (Local Environmental Plans) Order 2006.

approval, under the Environmental Planning and Assessment Act 1979, means approval under that Act, Part 5.

aquaculture has the same meaning as in the standard instrument set out in the Standard Instrument (Local Environmental Plans) Order 2006.

development consent means development consent under the Environmental Planning and Assessment Act 1979, Part 4, other than a complying development certificate within the meaning of that Act.

intensive livestock agriculture has the same meaning as in the standard instrument set out in the Standard Instrument (Local Environmental Plans) Order 2006.

Disposal of animal carcasses near water

15 Disposal of animal carcasses near water

(1) A person must not do one or more of the following within 100m of a stream, reservoir or watercourse on land to which this division applies—

(a) leave the carcass of a dead animal,

(b) bury, or otherwise dispose of, the carcass of a dead animal,

(c) cause, arrange for or contribute to the burial or disposal of the carcass of a dead animal.

Maximum penalty—

(a) for a corporation—400 penalty units, or

(b) otherwise—200 penalty units.

(2) A person does not commit an offence under subsection (1) for anything done with the consent of Water NSW.

Division 2

Conduct on Crown land or Water NSW land

Division 2 Conduct on Crown land or Water NSW land

Application of division

16 Application of division

This division applies to land that is—

(a) Crown land or Water NSW land, and

(b) in a special area or controlled area.

Livestock control

17 Livestock control

(1) An owner or person in charge of livestock must ensure the livestock does not enter land to which this division applies.

Maximum penalty—

(a) for a corporation—400 penalty units, or

(b) otherwise—200 penalty units.

(2) A person does not commit an offence under subsection (1) for anything done with the consent of Water NSW.

(3) If livestock enters the land without the consent of Water NSW, an authorised officer may take the following action—

(a) drive the livestock away, or remove the livestock, from the land,

(b) impound, sell, destroy or otherwise dispose of the livestock.

(4) If an authorised officer takes an action specified in subsection (3)—

(a) the owner and person in charge of the livestock are jointly and severally liable to Water NSW for all costs incurred by Water NSW as a result of the action taken, and

(b) Water NSW may recover the amount of the costs from the owner or person in charge as a debt in a court of competent jurisdiction.

(5) In this section—

livestock includes cattle, horses, donkeys, mules, camels, sheep, goats, pigs, deer, alpacas and llamas.

Entering or remaining on land in contravention of signs or notices

18 Entering or remaining on land in contravention of signs or notices

(1) Water NSW may erect a sign or notice on land to which this division applies prohibiting or restricting, with or without conditions, a person entering or remaining on the land.

(2) A person must not enter or remain on land in contravention of a sign or notice erected under this section.

Maximum penalty—

(a) for a corporation—400 penalty units, or

(b) otherwise—200 penalty units.

(3) A person does not commit an offence under subsection (2) for anything done with the consent of Water NSW.

Conduct in contravention of signs or notices

19 Conduct in contravention of signs or notices

(1) Water NSW may erect a sign or notice on land to which this division applies prohibiting or restricting, with or without conditions, the following conduct on the land to which the sign or notice relates—

(a) destroying, harming, capturing or otherwise interfering with an animal,

(b) damaging or interfering with the habitat of an animal,

(c) damaging, interfering with or removing a plant or part of a plant, whether dead or alive,

(d) removing rock, soil, sand, stone or similar substance,

(e) bringing in or releasing an animal,

(f) leading or riding an animal,

(g) landing an aircraft,

(h) conducting commercial activities,

(i) lighting, maintaining or using fires,

(j) camping or residing,

(k) disposing of waste,

(l) driving or riding in or on a vehicle,

(m) damaging, defacing, disturbing or otherwise interfering with a building, structure, sign, fixture, catchment infrastructure work, animal trap, bait or plant rehabilitation measure,

(n) using facilities,

(o) entering, fishing or swimming in water,

(p) using a vessel on water,

(q) washing in water,

(r) causing an animal, animal matter, plant or plant matter to enter or remain in water,

(s) bringing in, using or keeping a pesticide or environmentally hazardous chemical,

(t) operating an unmanned vehicle, including by causing the unmanned vehicle to enter, or fly or otherwise move over, the land.

(2) A person must not act in contravention of a sign or notice erected under this section.

Maximum penalty—

(a) for a corporation—400 penalty units, or

(b) otherwise—200 penalty units.

(3) A person does not commit an offence under subsection (2) for anything done with the consent of Water NSW.

Removal of property and recovery of associated costs

20 Removal of property and recovery of associated costs

(1) An authorised officer may remove, impound or otherwise dispose of property left without the consent of Water NSW on land to which this division applies.

(2) If an authorised officer takes an action specified in subsection (1)—

(a) the owner of the property is liable to Water NSW for all costs incurred by Water NSW as a result of the action taken, and

(b) Water NSW may recover the amount of the costs from the owner as a debt in a court of competent jurisdiction.

Directions to leave land in emergencies

21 Directions to leave land in emergencies

(1) An authorised officer may direct a person to leave land to which this division applies if the authorised officer reasonably believes—

(a) the direction is necessary to prevent injury to a person, or

(b) the person is hindering or obstructing emergency operations carried out by any of the following—

(i) an emergency services organisation within the meaning of the State Emergency and Rescue Management Act 1989,

(ii) the Forestry Corporation,

(iii) the National Parks and Wildlife Service,

(iv) the Sydney Water Corporation,

(v) Water NSW.

(2) A person given a direction under subsection (1) must comply with the direction immediately.

Maximum penalty—

(a) for a corporation—400 penalty units, or

(b) otherwise—200 penalty units.

(3) A person does not commit an offence under subsection (2) unless the authorised officer has warned the person that failure to comply with the direction is an offence.

Directions to leave

22 Directions to leave

(1) An authorised officer may direct a person to leave land to which this division applies if—

(a) in the authorised officer’s opinion, the person has contravened a provision of the Act or this regulation while on the land, and

(b) the authorised officer has warned the person that failure to comply with the direction is an offence.

(2) A person given a direction under subsection (1) must comply with the direction.

Maximum penalty—

(a) for a corporation—400 penalty units, or

(b) otherwise—200 penalty units.

(3) An authorised officer may further direct the person to remove from the land equipment, vehicles, animals or other items belonging to or associated with the person.

(4) A person given a direction under subsection (3) must comply with the direction.

Maximum penalty—

(a) for a corporation—400 penalty units, or

(b) otherwise—200 penalty units.

(5) A person does not commit an offence under subsection (4) unless the authorised officer has warned the person that failure to comply with the direction is an offence.

Investigation of suspected contraventions

23 Investigation of suspected contraventions

(1) An authorised officer may give a direction under this section if—

(a) a person is on land to which this division applies, and

(b) the officer reasonably believes the person has a thing in the person’s possession or control—

(i) in contravention of the Act or this regulation, or

(ii) as a result of a contravention or intended contravention of the Act or this regulation.

(2) The authorised officer may direct the person—

(a) to surrender the thing into the authorised officer’s possession and control, or

(b) to make the thing available for inspection by the authorised officer for the purposes of investigating the suspected contravention or intended contravention.

(3) A person given a direction under subsection (2) must comply with the direction.

Maximum penalty—

(a) for a corporation—400 penalty units, or

(b) otherwise—200 penalty units.

Division 3

Conduct on Schedule 1 land

Division 3 Conduct on Schedule 1 land

Application of division

24 Application of division

This division applies to Schedule 1 land that is Crown land or Water NSW land.

Gates or barriers

25 Gates or barriers

(1) A person must not open, pass through, remove, interfere with, damage or obstruct a gate on or to, or a barrier on or to, land to which this division applies.

Maximum penalty—

(a) for a corporation—400 penalty units, or

(b) otherwise—200 penalty units.

(2) A person does not commit an offence under subsection (1) for anything done with the consent of Water NSW.

Prohibited activities

26 Prohibited activities

(1) A person must not do one or more of the following on land to which this division applies—

(a) enter or remain,

(b) camp,

(c) enter, fish, swim or wash in water,

(d) use a vessel on water,

(e) cause an animal, animal matter, plant or plant matter to enter or remain in water,

(f) light, maintain or use a fire,

(g) drive or ride in or on a vehicle,

(h) lead or ride an animal,

(i) land an aircraft,

(j) operate an unmanned vehicle, including by causing the unmanned vehicle to enter, or fly or otherwise move over, the land,

(k) conduct commercial activities,

(l) damage, deface, disturb or otherwise interfere with a building, structure, sign, fixture, catchment infrastructure work, animal trap, bait or plant rehabilitation measure,

(m) damage, interfere with or remove a plant or part of a plant, whether dead or alive,

(n) remove rock, soil, sand, stone or similar substance,

(o) destroy, capture, harm or otherwise interfere with an animal,

(p) damage or interfere with the habitat of an animal.

Maximum penalty—

(a) for a corporation—400 penalty units, or

(b) otherwise—200 penalty units.

(2) A person does not commit an offence under subsection (1) for anything done with the consent of Water NSW.

Prohibited things

27 Prohibited things

(1) A person must not bring onto or possess on land to which this division applies—

(a) a plant or part of a plant, or

(b) an animal, or

(c) a firearm, imitation firearm or prohibited weapon, unless the person is a police officer on duty.

Maximum penalty—

(a) for a corporation—400 penalty units, or

(b) otherwise—200 penalty units.

(2) A person does not commit an offence under subsection (1) for anything done with the consent of Water NSW.

Unrestrained animals

28 Unrestrained animals

(1) A person must not allow an unrestrained animal for which the person is responsible to enter or remain on land to which this division applies.

Maximum penalty—

(a) for a corporation—400 penalty units, or

(b) otherwise—200 penalty units.

(2) A person does not commit an offence under subsection (1) for anything done with the consent of Water NSW.

Offensive conduct

29 Offensive conduct

(1) A person must not do one or more of the following on land to which this division applies—

(a) behave in a disorderly way,

(b) use offensive language,

(c) commit an act of indecency.

Maximum penalty—200 penalty units.

(2) A person does not commit an offence under subsection (1) for anything done with the consent of Water NSW.

(3) A person must not use, or be affected by, a prohibited drug, within the meaning of the Drug Misuse and Trafficking Act 1985, on land to which this division applies.

Maximum penalty—200 penalty units.

Use of sound-generating devices

30 Use of sound-generating devices

(1) A person must not operate or use a sound-generating device in a way likely to interfere with, or be a nuisance to, a person or animal on land to which this division applies.

Maximum penalty—

(a) for a corporation—400 penalty units, or

(b) otherwise—200 penalty units.

(2) A person does not commit an offence under subsection (1) for anything done with the consent of Water NSW.

Consuming alcohol in contravention of signs or notices

31 Consuming alcohol in contravention of signs or notices

(1) Water NSW may erect a sign or notice on land to which this division applies prohibiting or restricting, with or without conditions, the consumption of alcohol on the land.

(2) A person must not consume alcohol in contravention of the sign or notice erected on the land.

Maximum penalty— 200 penalty units.

(3) A person does not commit an offence under subsection (2) for anything done with the consent of Water NSW.

Pesticides and pest control

32 Pesticides and pest control

(1) A person must not bring, use or keep a pesticide or environmentally hazardous chemical on land to which this division applies.

Maximum penalty—

(a) for a corporation—400 penalty units, or

(b) otherwise—200 penalty units.

(2) A person does not commit an offence under subsection (1)—

(a) if the person brings, uses or keeps a quantity of pesticide solely for household or domestic purposes, or

(b) for anything done—

(i) with the consent of Water NSW, or

(ii) in accordance with an environment protection licence.

(3) Subsection (2) does not authorise a person to use a pesticide in contravention of the Pesticides Act 1999.

Division 4

Conduct on Schedule 2 land

Division 4 Conduct on Schedule 2 land

Application of division

33 Application of division

This division applies to Schedule 2 land that is Crown land or Water NSW land.

Gates or barriers

34 Gates or barriers

(1) A person must not open, remove, interfere with, damage or obstruct a gate on or to, or a barrier on or to, land to which this division applies.

Maximum penalty—

(a) for a corporation—400 penalty units, or

(b) otherwise—200 penalty units.

(2) A person does not commit an offence under subsection (1) for anything done with the consent of Water NSW.

Prohibited activities

35 Prohibited activities

(1) A person must not do one or more of the following on land to which this division applies—

(a) drive or ride in or on a vehicle,

(b) lead or ride an animal,

(c) land an aircraft,

(d) operate an unmanned vehicle, including by causing the unmanned vehicle to enter, or fly or otherwise move over, the land,

(e) conduct commercial activities,

(f) damage, deface, disturb or otherwise interfere with a building, structure, sign, fixture, catchment infrastructure work, animal trap, bait or plant rehabilitation measure,

(g) damage, interfere with or remove a plant or part of a plant, whether dead or alive,

(h) remove rock, soil, sand, stone or similar substance,

(i) destroy, capture, harm or otherwise interfere with an animal,

(j) damage or interfere with the habitat of an animal.

Maximum penalty—

(a) for a corporation—400 penalty units, or

(b) otherwise—200 penalty units.

(2) A person does not commit an offence under subsection (1) for anything done with the consent of Water NSW.

Prohibited things

36 Prohibited things

(1) A person must not bring onto or possess on land to which this division applies—

(a) a plant or part of a plant, or

(b) an animal, or

(c) a firearm or imitation firearm or a prohibited weapon, unless the person is a police officer on duty.

Maximum penalty—

(a) for a corporation—400 penalty units, or

(b) otherwise—200 penalty units.

(2) A person does not commit an offence under subsection (1) for anything done with the consent of Water NSW.

Unrestrained animals

37 Unrestrained animals

(1) A person must not allow an unrestrained animal for which the person is responsible to enter or remain on land to which this division applies.

Maximum penalty—

(a) for a corporation—400 penalty units, or

(b) otherwise—200 penalty units.

(2) A person does not commit an offence under subsection (1) for anything done with the consent of Water NSW.

Offensive conduct

38 Offensive conduct

(1) A person must not do one or more of the following on land to which this division applies—

(a) behave in a disorderly way,

(b) use offensive language,

(c) commit an act of indecency.

Maximum penalty—200 penalty units.

(2) A person does not commit an offence under subsection (1) for anything done with the consent of Water NSW.

(3) A person must not use, or be affected by, a prohibited drug, within the meaning of the Drug Misuse and Trafficking Act 1985, on land to which this division applies.

Maximum penalty—200 penalty units.

Use of sound-generating devices

39 Use of sound-generating devices

(1) A person must not operate or use a sound-generating device in a way likely to interfere with, or cause a nuisance to, a person or animal on land to which this division applies.

Maximum penalty—

(a) for a corporation—400 penalty units, or

(b) otherwise—200 penalty units.

(2) A person does not commit an offence under subsection (1) for anything done with the consent of Water NSW.

Consuming alcohol in contravention of signs or notices

40 Consuming alcohol in contravention of signs or notices

(1) Water NSW may erect a sign or notice on land to which this division applies prohibiting or restricting, with or without conditions, the consumption of alcohol on the land.

(2) A person must not consume alcohol in contravention of the sign or notice erected on the land.

Maximum penalty— 200 penalty units.

(3) A person does not commit an offence under subsection (2) for anything done with the consent of Water NSW.

Use of water

41 Use of water

(1) A person must not do one or more of the following on land to which this division applies—

(a) use a vessel on water,

(b) wash in water,

(c) cause an animal, animal matter, plant or plant matter to enter or remain in water.

Maximum penalty—

(a) for a corporation—400 penalty units, or

(b) otherwise—200 penalty units.

(2) A person does not commit an offence under subsection (1) for—

(a) using a vessel on water propelled solely by human power or the wind, or

(b) taking an amount of water necessary for personal use, including for washing, while on the land, or

(c) anything done with the consent of Water NSW.

Pesticides and pest control

42 Pesticides and pest control

(1) A person must not bring, use or keep a pesticide or environmentally hazardous chemical on land to which this division applies.

Maximum penalty—

(a) for a corporation—400 penalty units, or

(b) otherwise—200 penalty units.

(2) A person does not commit an offence under subsection (1)—

(a) if the person brings, uses or keeps a quantity of pesticide solely for household or domestic purposes, or

(b) for anything done—

(i) with the consent of Water NSW, or

(ii) in accordance with an environment protection licence.

(3) Subsection (2) does not authorise a person to use a pesticide in contravention of the Pesticides Act 1999.

Lighting fires

43 Lighting fires

(1) A person must not do one or more of the following on land to which this division applies—

(a) light, maintain or use a fire in the open—

(i) in contravention of a notice bearing the name and logo of Water NSW, or

(ii) if there are public fireplaces on the land—anywhere other than in a public fireplace, or

(iii) if there are no public fireplaces on the land—anywhere other than in a temporary fireplace situated at least—

(A) 4.5m from a log or stump, and

(B) 1.5m from other flammable material,

(b) leave unattended a fire the person has lit, maintained or used,

(c) handle a flammable substance in a way that is likely to cause a fire,

(d) light a fire in a wilderness area, unless the fire is lit in accordance with—

(i) a provision of the Wilderness Act 1987, or regulations made under that Act, relating to the lighting of fires in wilderness areas, or

(ii) the terms of a wilderness protection agreement or conservation agreement in relation to the lighting of fires in the wilderness area to which the agreement relates.

Maximum penalty—

(a) for a corporation—400 penalty units, or

(b) otherwise—200 penalty units.

(2) A person does not commit an offence under subsection (1) for anything done—

(a) with the consent of Water NSW, or

(b) in relation to the exercise of a function by a public agency in accordance with the Act, section 50.

(3) If a person is unable to control or extinguish a fire the person has lit, maintained or used in accordance with this section, the person must report the fire to emergency services.

Maximum penalty—

(a) for a corporation—400 penalty units, or

(b) otherwise—200 penalty units.

(4) In this section—

conservation agreement has the same meaning as in the National Parks and Wildlife Act 1974.

flammable substance includes petrol, matches and cigarettes.

wilderness area means a part of the land declared under the Wilderness Act 1987, section 8(1) or (1A) to be a wilderness area.

wilderness protection agreement has the same meaning as in the Wilderness Act 1987.

Division 5

Miscellaneous

Division 5 Miscellaneous

How Water NSW may grant consent

44 How Water NSW may grant consent

(1) For this part, Water NSW may grant consent by—

(a) a sign or notice displayed on the land or part of the land to which the sign or notice relates, or

(b) written notice given to a person, in the form of an approval, lease or other instrument.

(2) Consent granted by a sign or notice displayed on the land or part of the land to which the sign or notice relates may be granted—

(a) generally or in a particular case, and

(b) to a particular person or class of persons, and

(c) unconditionally or subject to the conditions specified on the sign or notice, and

(d) for a specified period of time or until the consent is revoked.

(3) Consent granted by written notice given to a person may be granted—

(a) unconditionally or subject to the conditions specified in the written notice, and

(b) for a specified period of time or until the consent is revoked.

(4) Consent granted by written notice given to a person may be revoked or varied at any time by further written notice to the person.

Compliance with Water NSW’s consent

45 Compliance with Water NSW’s consent

A person who does anything in a special area or controlled area with the consent of Water NSW must comply with the conditions of the consent.

Maximum penalty—

(a) for a corporation—400 penalty units, or

(b) otherwise—200 penalty units.

Fees and charges for entry on certain land

46 Fees and charges for entry on certain land

(1) Water NSW may, from time to time, determine the fees or charges payable for entry by persons or vehicles to a special area or controlled area.

(2) A person who is liable to pay the fees or charges may be denied entry to the land unless the fees or charges are paid on request by the Regulatory Authority.

Notice by public agencies for exercise of functions in special areas—the Act, s 50

47 Notice by public agencies for exercise of functions in special areas—the Act, s 50

For the Act, section 50(1), notice given to the Regulatory Authority must—

(a) be written, and

(b) be given by post or email, and

(c) contain—

(i) a full description of the functions proposed to be exercised, and

(ii) a statement of the objectives of the exercise of the functions, and

(d) give at least 28 days notice of the commencement of the exercise of the functions.

Part 4

Miscellaneous

Part 4 Miscellaneous

Supply of water to prescribed local councils—the Act, s 7

48 Supply of water to prescribed local councils—the Act, s 7

For the Act, section 7(1)(c), the following local councils are prescribed—

(a) Goulburn Mulwaree Council,

(b) Shoalhaven City Council,

(c) Wingecarribee Shire Council.

Delegation by Minister—the Act, s 110

49 Delegation by Minister—the Act, s 110

For the Act, section 110(1)(c), the chief executive officer is authorised.

Penalty notices

50 Penalty notices

(1) For the Act, section 102—

(a) each offence created by a provision specified in Schedule 3 is an offence for which a penalty notice may be issued, and

(b) the amount payable for the penalty notice is the amount specified opposite the provision.

(2) If the provision is qualified by words that restrict its operation to limited kinds of offences or to offences committed in limited circumstances, the penalty notice may be issued only for—

(a) the limited kind of offence, or

(b) an offence committed in the limited circumstances.

Savings

51 Savings

An act, matter or thing that, immediately before the repeal of the Water NSW Regulation 2020, had effect under that regulation continues to have effect under this regulation.

Schedule 1

Schedule 1 land

Schedule 1 Schedule 1 land

Schedule 4, definition of “Schedule 1 land”

Sch 1 s 1

Special areas

Sch 1 s 1 Special areas

1 Special areas

The following special areas, being parts of land identified on the scheduled land map—

(a) the area of land—

(i) in Warragamba Catchment Area, and

(ii) submerged by Lake Burragorang, together with the area of land that surrounds the lake extending from the edge of the lake to 3km above the full supply level of the lake,

(b) Metropolitan Catchment Area—

(i) as proclaimed in Gazette No 79 of 13 July 1923 at pages 3080–3086, and

(ii) as amended by proclamation published in Gazette No 79 of 26 May 1933 at page 1828,

(c) Woronora Catchment Area as proclaimed in Gazette No 37 of 21 March 1941 at pages 1142–1144,

(d) Wingecarribee Catchment Area as proclaimed in Gazette No 156 of 14 December 1973 at page 5324,

(e) Blackheath Special Area as proclaimed in Gazette No 45 of 15 March 1991 at page 2186,

(f) Katoomba Special Area as proclaimed in Gazette No 45 of 15 March 1991 at page 2186,

(g) Woodford Special Area as proclaimed in Gazette No 45 of 15 March 1991 at page 2186,

(h) Prospect Special Area as declared by order published in Gazette No 92 of 25 July 2008 at page 7326,

(i) part of the Shoalhaven Catchment Area as proclaimed in Gazette No 13 of 8 February 1974 at page 386,

(j) the western bank and downstream area of Warragamba River past Warragamba Weir within the Warragamba Catchment Area,

(k) Wingecarribee Special Area-Part as declared by order published in Gazette No 279 of 1 July 2022.

Sch 1 s 2

Controlled areas

Sch 1 s 2 Controlled areas

2 Controlled areas

(1) The following controlled areas, being parts of land identified on the scheduled land map, including an area on which a water transfer structure is located—

(a) the Bendeela Pondage and pipeline as declared by order published in Gazette No 76 of 2 July 1999 at pages 4646 and 4647,

(b) the Kangaroo pipeline and Fitzroy Canal control structure as declared by order published in Gazette No 76 of 2 July 1999 at pages 4646 and 4647,

(c) the Upper Canal as proclaimed in Gazette No 76 of 2 July 1999 at pages 4646 and 4647,

(d) Warragamba pipelines as proclaimed in Gazette No 76 of 2 July 1999 at pages 4646 and 4647,

(e) Warragamba Controlled Area as proclaimed in Gazette No 175 of 30 November 2007 at pages 8705 and 8706.

(2) In this section—

water transfer structure means a canal, drainage channel, pipeline, tunnel or water main.

Warragamba pipelines means the pipelines that transfer water from Warragamba Dam to Prospect Reservoir.

Sch 1 s 3

Excluded areas from Schedule 1 land

Sch 1 s 3 Excluded areas from Schedule 1 land

3 Excluded areas from Schedule 1 land

The following excluded areas, being parts of land in the following townships, as identified on the scheduled land map—

(a) Medlow Bath,

(b) Nattai Village,

(c) Yerrinbool.

Schedule 2

Schedule 2 land

Schedule 2 Schedule 2 land

Schedule 4, definition of “Schedule 2 land”

sch.2-sec

Special areas

sch.2-sec Special areas

Special areas

The following special areas, other than a part of the area listed in Schedule 1, as identified on the scheduled land map—

(a) Fitzroy Falls Catchment Area as proclaimed in Gazette No 11 of 4 February 1977 at page 414,

(b) Shoalhaven Catchment Area as proclaimed in Gazette No 13 of 8 February 1974 at page 386,

(c) Warragamba Catchment Area.

Schedule 3

Penalty notice offences

Schedule 3 Penalty notice offences

section 51(1)

| Provision | Penalty (corporation) | Penalty (otherwise) | | Offences under the Act | | Section 36(3)(b) | $2,000 | $1,000 | | Section 70(4) | $2,000 | $1,000 | | Section 71(2) | $2,000 | $1,000 | | Section 73(4) | $2,000 | $1,000 | | Section 74(2) | $2,000 | $1,000 | | Section 77(5) | $2,000 | $1,000 | | Section 80(4) | $2,000 | $1,000 | | Section 81(6) | $2,000 | $1,000 | | Section 84(6) | $2,000 | $1,000 | | Section 93 | $2,000 | $1,000 | | Section 94(1) | $2,000 | $1,000 | | Offences under this regulation | | Section 10(1) | $2,000 | $1,000 | | Section 11(1) | $4,000 | $1,000 | | Section 11(4) | $4,000 | $1,000 | | Section 12(1) | $2,000 | $1,000 | | Section 13(1) | $2,000 | $1,000 | | Section 14(1) | $4,000 | $1,000 | | Section 15(1) | $2,000 | $1,000 | | Section 17(1) | $2,000 | $1,000 | | Section 18(2) | $2,250 | $1,500 | | Section 19(2) | $2,000 | $1,000 | | Section 21(2) | $2,000 | $1,000 | | Section 22(2) | $2,000 | $1,000 | | Section 22(4) | $2,000 | $1,000 | | Section 23(3) | $2,000 | $1,000 | | Section 25(1) | $2,250 | $1,500 | | Section 26(1)(a) | $1,500 | $750 | | Section 26(1)(b)–(p) | $2,250 | $1,500 | | Section 27(1) | $2,000 | $1,000 | | Section 28(1) | $2,000 | $1,000 | | Section 29(1) | — | $1,000 | | Section 29(3) | — | $1,000 | | Section 30(1) | $2,000 | $1,000 | | Section 31(2) | — | $1,000 | | Section 32(1) | $2,000 | $1,000 | | Section 34(1) | $2,000 | $1,000 | | Section 35(1) | $2,000 | $1,000 | | Section 36(1) | $2,000 | $1,000 | | Section 37(1) | $2,000 | $1,000 | | Section 38(1) | — | $1,000 | | Section 38(3) | — | $1,000 | | Section 39(1) | $2,000 | $1,000 | | Section 40(2) | — | $1,000 | | Section 41(1) | $2,000 | $1,000 | | Section 42(1) | $2,000 | $1,000 | | Section 43(1) | $2,000 | $1,000 | | Section 43(3) | $2,000 | $1,000 | | Section 45 | $4,000 | $1,000 |

Schedule 4

Dictionary

Schedule 4 Dictionary

section 3

Agvet Code means the provisions as applied by the Agricultural and Veterinary Chemicals (New South Wales) Act 1994.

aircraft means an airborne craft, including a fixed wing craft, helicopter, gyrocopter, glider, hang glider, hot air balloon and airship.

animal includes a non-human mammal, bird, fish, reptile, amphibian, crustacean, arthropod and mollusc.

barrier includes an obstruction positioned or created to restrict or obstruct access to all or part of land.

building has the same meaning as in the Environmental Planning and Assessment Act 1979.

bicycle includes an e-bike and tricycle.

Crown land means—

(a) Crown land within the meaning of the Crown Land Management Act 2016, or

(b) land reserved under the National Parks and Wildlife Act 1974.

commercial activity includes selling goods and offering goods for sale.

environment protection licence has the same meaning as in the Protection of the Environment Operations Act 1997.

environment protection notice has the same meaning as in the Protection of the Environment Operations Act 1997.

environmentally hazardous chemical has the same meaning as in the Protection of the Environment Operations Act 1997.

fishing includes catching, or attempting to catch, a fish within the meaning of the Fisheries Management Act 1994.

EPA means the Environment Protection Authority constituted by the Protection of the Environment Administration Act 1991.

fixture includes picnic tables, seats, fences, fireplaces, barbecues and monitoring devices, including rain gauges and associated infrastructure.

imitation firearm has the same meaning as in the Firearms Act 1996.

non-scheduled activity has the same meaning as in the Protection of the Environment Operations Act 1997.

pesticide means—

(a) an agricultural chemical product within the meaning of the Agvet Code, or

(b) a veterinary chemical product, within the meaning of the Agvet Code, that is represented as being suitable for, or is manufactured, supplied or used for, the external control of ectoparasites of animals.

plant—

(a) means an aquatic or terrestrial plant, and

(b) includes a shrub and tree.

plant rehabilitation measure includes seedlings, matting or survey pegs and tapes marking out rehabilitation areas.

prohibited weapon has the same meaning as in the National Parks and Wildlife Act 1974.

scheduled land map means the map titled “Special and Controlled Areas Schedule 1 and 2 Land” published by Water NSW on 1 September 2026.

Note—

The scheduled land map is available on the Water NSW website.

Schedule 1 land—

(a) means the controlled areas or special areas identified in Schedule 1, sections 1 and 2, and

(b) does not include the excluded areas identified in Schedule 1, section 3.

Schedule 2 land means the special areas identified in Schedule 2.

sound-generating device includes a radio, television and speakers.

the Act means the Water NSW Act 2014.

unmanned vehicle includes—

(a) a drone or other remotely piloted airborne craft, and

(b) another remotely controlled vehicle.

vehicle includes a motor vehicle, bicycle and vessel.

vessel—

(a) includes a watercraft, and

(b) does not include an aircraft capable of landing on water.

Warragamba Catchment Area means the Warragamba Catchment Area—

(a) as proclaimed in Gazette No 122 of 4 September 1942 at pages 2499 and 2500, and

(b) as amended by proclamation published in—

(i) Gazette No 1 of 7 January 1944 at page 1, and

(ii) Gazette No 77 of 4 August 1944 at page 1365, and

(iii) Gazette No 95 of 30 August 1946 at page 1944.

watercourse has the same meaning as in the standard instrument set out in the Standard Instrument (Local Environmental Plans) Order 2006.

Water NSW land means land owned by or vested in Water NSW.

Source text: opening excerpt

Sourced from legislation.nsw.gov.au, CC BY 4.0.

Part 1 Preliminary

1 Name of regulation

This regulation is the Water NSW Regulation 2026.

2 Commencement

This regulation commences on 1 September 2026.

Note—

This regulation replaces the Water NSW Regulation 2020, which is repealed on 1 September 2026 by the Subordinate Legislation Act 1989, section 10(2).

3 Definitions

The dictionary in Schedule 4 defines words used in this regulation.

Note—

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

Part 2 Regulatory Authority

4 Regulatory Authority may exercise powers of EPA and other regulatory authorities—the Act, s 63(2)

(1) The Regulatory Authority has the same functions as the EPA or another regulatory authority, including the functions of the appropriate regulatory authority, under the following provisions of the Protection of the Environment Operations Act 1997 in relation to a relevant non-scheduled activity and in relation to an offence set out in this regulation, Part 3—

(a) Chapter 4,

(b) Chapter 7, other than section 186,

(c) Part 8.2, Division 2.

(2) The Regulatory Authority has the same functions as the EPA under the Protection of the Environment Operations Act 1997, Part 8.2 in relation to an offence—

(a) against that Act, section 144AE, 144AH, 145, 145A, 146, 146A, 146B or 146C, and

(b) committed or alleged to have been committed in a declared catchment area.

(3) The Regulatory Authority has the same functions—

(a) as the EPA under the Protection of the Environment Operations Act 1997, section 316 for a dispute referred to in that section, and

(b) as a regulatory authority under the Protection of the Environment Operations Act 1997, section 319 or 320 for a disclosure referred to in that Act, section 319 or 320.