New South Wales regulation

Water (Part 2—General) Regulation 1997

In ForceNSW

Jurisdiction

New South Wales

Act Number

411 of 1997

Collection

regulation

Plain English Summary

6/10 complexity

This Regulation sets the forms, fees, conditions and procedures that apply to water licences, permits and transfers under the Water Act 1912, and prescribes particular watercourses as rivers or not. It matters to licence-holders, applicants, transferees and listed public authorities because it fixes who pays what (application and licence fees), what must be reported annually, and gives the Ministerial Corporation the power to approve, condition or refuse applications and transfers.

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What it does

This Regulation implements procedural, fee and administrative detail for Part 2 of the Water Act 1912 (the Act). It prescribes application forms, deposits, fees, transfer procedures, reporting requirements and certain definitions and declared entities that frame how licences, authorities, group licences and permits under the Act are applied for, charged, transferred and administered.

Mechanically, the instrument does the following (selected items; all references are to clauses or schedules in this Regulation):

Fixes the form in which applications under specified sections of the Act must be made (clause 6; Schedule 1).
Prescribes a $30 deposit to accompany specified applications (clause 7).
Specifies the form of licences for different statutory sections (clause 8; Forms 8 and 9 in Schedule 3).
Sets the methodology and amounts for fees for licences, authorities, group licences, permits and their renewals (clause 9; Schedule 2 Tables 1-3; clauses in Schedule 2).
Provides limited refund mechanics for fees and deposits (clauses 10, 12(3), 22(3)).
Sets timeframes for payment of fees and when instalment payments are permitted (clauses 11, 14).
Prescribes the interest rate for overdue charges by cross-reference to section 101 of the Civil Procedure Act 2005 (clause 15).
Extends and excludes particular watercourses from the Act’s statutory definition of “river” (clauses 5 and 5A).
Establishes definitions and procedures for permanent and temporary transfers of entitlements to take and use water, including application fees for transfers (Part 3, clauses 16-26; clause 22; clause 12 as to transfer fees for allocations).
Authorises the Ministerial Corporation to determine transfer zones and to take various matters into account when approving transfers, including social and economic effects, history of use and environmental impacts (clauses 23, 26).

Current sections

Direct links to the current provisions in Water (Part 2—General) Regulation 1997.

Part 1

Preliminary

Part 1 Preliminary

Name of Regulation

1 Name of Regulation

This Regulation is the Water (Part 2—General) Regulation 1997.

Commencement

2 Commencement

This Regulation commences on 22 August 1997.

Definitions

3 Definitions

(1) In this Regulation—

the Act means the Water Act 1912.

(2) In this Regulation, a reference to a Form is a reference to a Form set out in Schedule 3.

Notes

4 Notes

The explanatory note and table of contents do not form part of this Regulation.

Extension of definition of “River”

5 Extension of definition of “River”

For the purposes of paragraph (c) of the definition of River in section 5 (1) of the Act, that part of the Gol Gol Channel shown hatched black on the map marked “DWR Plan No 44/623”, a copy of which is deposited in the Parramatta Office of the Department of Land and Water Conservation, is prescribed as being a river.

Streams of water not within definition of “River”

5A Streams of water not within definition of “River”

For the purposes of the definition of River in section 5 (1) of the Act, the following streams of water are prescribed as not being rivers—

Barratta Creek, as shown on Central Mapping Authority map entitled “Morago 7827–II & III” (First Edition 1:50 000 Topographic Series)

Box Creek Escape Channel, as shown on Central Mapping Authority map entitled “Morago 7827–II & III” (First Edition 1:50 000 Topographic Series)

cl 5A: Ins 9.4.1998.

Part 2

Licences, permits and authorities

Part 2 Licences, permits and authorities

Division 1

Applications for licences, permits or authorities

Division 1 Applications for licences, permits or authorities

Application forms

6 Application forms

An application under a section of the Act specified in Column 1 of Schedule 1 must be in the form specified in Column 2 of that Schedule opposite that section.

Deposits to be lodged with applications

7 Deposits to be lodged with applications

A deposit of $30 must be lodged with the following applications—

(a) applications for licences under sections 10, 13 and 13A of the Act,

(b) applications for authorities for joint water supply schemes under section 20 of the Act,

(c) applications for group licences under section 20K of the Act.

Division 2

Form of licence

Division 2 Form of licence

Form of licence

8 Form of licence

(1) A licence under section 12 or 13 of the Act must be in Form 8.

(2) A licence under section 13A of the Act must be in Form 9.

Division 3

Fees and charges

Division 3 Fees and charges

Fees for licences, authorities, permits and renewals

9 Fees for licences, authorities, permits and renewals

(1) The fees payable for licences, authorities for joint water supply schemes, group licences and permits (and for their renewal) are to be calculated in accordance with Schedule 2.

(2) A fee covers the period for which a licence, authority, group licence or permit is issued or renewed.

Refunds of fees

10 Refunds of fees

(1) The Ministerial Corporation may refund a part of the last fee paid for a revoked, cancelled or modified licence, authority for a joint water supply scheme or group licence.

(2) A refund may only be paid to a person who is an applicant for a further licence or authority in respect of works on (or on land including) the same land as the land on which the works the subject of the revoked, cancelled or modified licence or authority were situated.

(3) The maximum refund payable is an amount that bears such proportion to the amount paid for the licence or authority as the residue of the period for which it was granted bears to its total period.

Time for payment of fees

11 Time for payment of fees

A fee must be paid—

(a) within 5 weeks after the Ministerial Corporation notifies the applicant of the amount of the fee, or

(b) if an appeal or objection is lodged—within one week after a decision on the appeal or objection is made, or

(c) if the Ministerial Corporation extends the period within which the fee must be paid—within that extended period.

Fees for transfer of water allocations

12 Fees for transfer of water allocations

(1) For the purposes of section 20AJ of the Act, the fee for the transfer of a water allocation is—

(a) $250 in respect of a transfer applied for under section 20AI (1) of the Act, or

(b) $75 in respect of a temporary transfer applied for under section 20AI (2) of the Act.

(2) A fee is to be lodged with the application for the transfer.

(3) The Ministerial Corporation may refund the whole or part of the fee—

(a) if the application is withdrawn before determination or is rejected by the Corporation, or

(b) in such other circumstances as the Corporation considers appropriate.

cll 12: Am 9.4.1998.

Maximum charges under section 22C of the Act

13 Maximum charges under section 22C of the Act

For the purposes of section 22C (4) (b) of the Act, the maximum rate in respect of all works and methods of obtaining water is $21 per megalitre of water where the water is taken and used for any one or more of the following purposes—

(a) irrigation,

(b) water supply for stock,

(c) mining,

(d) recreation,

(e) carrying on any industrial operation,

(f) town water supply.

cll 13: Am 9.4.1998.

Times and manner of payment of charges (section 22C (4) (c) of the Act)

14 Times and manner of payment of charges (section 22C (4) (c) of the Act)

(1) A charge referred to in section 22C of the Act may be paid by instalments if the Ministerial Corporation so determines.

(2) The number of instalments and the amounts of the instalments are to be as determined by the Ministerial Corporation.

(3) A charge or an instalment must be paid to the Ministerial Corporation within one month after a notice requiring payment has been served on the licensee or holder of the authority or permit.

(4) The notice must be served—

(a) personally, or

(b) by leaving it at the property or premises on which the licensee or holder resides or carries on business (or by leaving it with a person seemingly above the age of 14 years and apparently resident or employed on the property or premises), or

(c) by posting it by prepaid letter addressed to the licensee or holder at his or her place of residence or business last known to the Ministerial Corporation.

Interest on overdue charges

15 Interest on overdue charges

For the purposes of section 22C (6A) (a) of the Act, the prescribed rate of interest is the rate prescribed under section 101 of the Civil Procedure Act 2005 with respect to the payment of interest on a judgment debt.

cl 15: Subst 2005 No 28, Sch 5.49.

Part 3

Transfer of certain water rights

Part 3 Transfer of certain water rights

Definitions

16 Definitions

In this Part—

entitlement means a licence, authority or group licence under Part 2 of the Act.

permanent transfer means a transfer (other than a temporary transfer) of rights to take and use water.

temporary transfer means a transfer of rights to take and use water—

(a) for a period that does not exceed 5 years, or

(b) for a period that (when aggregated with the period or periods for which any other transfer or transfers has or have been obtained by the transferee under this Part or under Part 4 of the Regulations repealed by this Regulation) does not exceed 5 years.

transferee means the person or body to which any rights to take and use water under an entitlement are transferred by operation of a provision of this Part.

transferor means the person or body from which any rights to take and use water under an entitlement held by that person or body are transferred by operation of a provision of this Part.

water source means—

(a) a river, lake or section of a river, or

(b) a combination of 2 or more of them.

cl 16: Am 2009 (602), Sch 1 [1].

Application of Part

17 Application of Part

(1) This Part applies to transfers, between holders of entitlements or between the holder of an entitlement and a person who is an applicant for an entitlement, of rights to take and use water from a water source that is not the subject of a volumetric water allocations scheme under Division 4B of Part 2 of the Act.

(2) This Part applies only to a water source that the Ministerial Corporation has determined to be subject to this Part.

(3) (Repealed)

cl 17: Am 22.3.2002; 2009 (602), Sch 1 [2].

Transfer of water rights

18 Transfer of water rights

(1) The holder of an entitlement (other than the Ministerial Corporation) may transfer the whole or part of the holder’s rights to take and use water under the entitlement—

(a) subject to the approval of the Ministerial Corporation, to the holder of another entitlement or (in the case of a permanent transfer) to a person who is an applicant for an entitlement, or

(b) to the Ministerial Corporation, by notice in writing given to the Ministerial Corporation.

(2) The Ministerial Corporation, as holder of an entitlement, may transfer, on the application of the transferee, the whole or part of the Ministerial Corporation’s rights to take and use water under the entitlement to the holder of another entitlement or (in the case of a permanent transfer) to a person who is an applicant for an entitlement.

cl 18: Am 22.3.2002. Subst 2009 (602), Sch 1 [3].

18A

Application of Division

18A Application of Division

This Division does not apply to a transfer from the holder of an entitlement to the Ministerial Corporation of rights to take and use water.

cl 18A: Ins 2009 (602), Sch 1 [4].

Applications for transfer generally

19 Applications for transfer generally

(1) An application for a transfer of rights to take and use water must be in a form approved by the Ministerial Corporation.

(2) The Ministerial Corporation may, in relation to an application—

(a) require the transferor to provide specified information and consents, and

(b) require the transferee to provide specified information and evidence.

(3) Subclause (2) (a) does not apply to a transfer from the Ministerial Corporation to another person or body of rights to take and use water.

cl 19: Am 2009 (602), Sch 1 [5].

Applications for permanent transfer

20 Applications for permanent transfer

An application for a permanent transfer of rights to take and use water must be accompanied by an application by the transferee for a new entitlement (or, if the transferee is the holder of an authority or a group licence, for an amended entitlement) that comprises or includes the rights to be transferred.

Applications for temporary transfer

21 Applications for temporary transfer

An application for a temporary transfer of rights to take and use water may only be approved by the Ministerial Corporation if the transferee is the holder of an existing entitlement.

Application fees

22 Application fees

(1) An application for a permanent transfer of rights to take and use water must be accompanied by a fee of $275.

(2) An application for a temporary transfer of rights to take and use water must be accompanied by a fee of $90.

(3) The Ministerial Corporation may refund the whole or part of a fee—

(a) if the application is withdrawn before determination or is rejected by the Corporation, or

(b) in such other circumstances as the Corporation considers appropriate.

Approval of applications

23 Approval of applications

(1) In determining whether or not to approve a transfer of rights to take and use water, the Ministerial Corporation may take into consideration such matters as it thinks fit, including (without limiting the matters that may be considered)—

(a) the social and economic effects that a transfer would have if approved, and

(b) whether there has been a history of water usage (and, if so, the extent of that usage) under the transferor’s entitlement, and

(c) the impact on the flow and water quality of the water source that a transfer would have if approved.

(2) The Ministerial Corporation may, as a condition of its approval, require the transferor to surrender permanently part of the transferor’s rights to take and use water under the entitlement.

Giving effect to transfers of rights

24 Giving effect to transfers of rights

(1) A permanent transfer of rights to take and use water between the holder of an entitlement and a person other than the Ministerial Corporation is to be effected by the issue of a new entitlement to the transferee.

(2) A temporary transfer of rights to take and use water between the holder of an entitlement and a person other than the Ministerial Corporation is to be effected by altering the conditions to which the entitlements of the transferor and transferee are subject.

(3) A permanent or temporary transfer of rights to take and use water between a holder of an entitlement and the Ministerial Corporation is to be effected, after the receipt of the relevant notice referred to in clause 18 (1) (b) or the approval of the relevant application referred to in clause 23, by—

(a) the issue of a new entitlement to the transferee, or

(b) altering the conditions to which the entitlements of the transferor and transferee are subject.

(4) The Ministerial Corporation may refuse to give effect to a transfer of rights to take and use water to or from the Ministerial Corporation for any or no reason.

cl 24: Am 2009 (602), Sch 1 [6] [7].

Superseded rights to take and use water

25 Superseded rights to take and use water

(1) The rights of a transferor to take and use water under an entitlement are, on completion of the transfer of the rights, abated to the extent of the transfer and any surrender under a condition of the approval of the transfer.

(2) Any such abatement—

(a) is to be in the form of—

(i) a reduction of the area in relation to which the entitlement authorises the holder to take and use water, or

(ii) a modification of the conditions of the entitlement,

or in such other form as may be determined by the Ministerial Corporation, and

(b) has effect for the approved period of the transfer.

(3) The Ministerial Corporation may cancel the entitlement of a transferor if all the rights to take and use water under the entitlement are permanently transferred.

Transfer zones

26 Transfer zones

(1) The Ministerial Corporation may from time to time determine areas as transfer zones for the purposes of this Part.

(2) The Corporation may refuse to approve a transfer of rights to take and use water in respect of locations that are within different transfer zones if it is satisfied that—

(a) the transfer would result in the transferee’s transfer zone being subjected to an unacceptable commitment, and

(b) any conditions determined by the Corporation have not been complied with.

Part 4

Miscellaneous

Part 4 Miscellaneous

Public authorities

27 Public authorities

The following are prescribed as public authorities for the purposes of sections 14A, 18M and 22A of the Act—

A Department of the State

Rail Corporation New South Wales

NSW Trains

Sydney Trains

Sydney Metro

Forestry Corporation

A local council

A county council

cl 27: Am 2002 No 55, Sch 1.13; 2003 No 96, Sch 3.24; 2012 No 96, Sch 4.51; 2017 No 63, Sch 4.56; 2018 No 18, Sch 2.21; 2025 No 66, Sch 2.11.

Declared trusts (definition of “trust” in sections 20V (1) and 22C (1) of the Act)

28 Declared trusts (definition of “trust” in sections 20V (1) and 22C (1) of the Act)

The following trusts (constituted under Part 3 of the Act) are declared to be trusts to which Division 4B of Part 2 and section 22C of the Act apply—

Bama Irrigation Trust

Bringan Irrigation Trust

Bullatale Creek Water Trust

Bungunyah-Koraleigh Irrigation Trust

Glenview Irrigation Trust

Goodnight Irrigation Trust

Little Merran Creek Water Trust

Pomona Irrigation Trust

West Cadell Irrigation Trust

Prescribed period for temporary transfer of water allocations

29 Prescribed period for temporary transfer of water allocations

For the purposes of section 20AI (3) (a) of the Act, the period of 5 years is prescribed.

Prescribed uses under section 22C of the Act

30 Prescribed uses under section 22C of the Act

For the purposes of section 22C (3) (a) of the Act, the following are prescribed uses—

(a) mining,

(b) recreation,

(c) town water supply,

(d) domestic.

cl 30: Am 9.4.1998.

Annual returns as to land irrigated

31 Annual returns as to land irrigated

(1) The holder of a licence or a group licence and each of the holders of an authority for a joint water supply scheme must furnish to the Ministerial Corporation, during the month of July in each year, a return in a form provided by the Corporation.

(2) The return must include the following particulars in respect of the preceding 12 months—

(a) the area of land irrigated,

(b) each class of crop irrigated,

(c) the method of irrigation,

(d) the number of hours during which pumping or diversion has been carried on in each month,

(e) the size of the pump or diversion work and the type of motive power.

Maximum penalty—10 penalty units.

Repeal

32 Repeal

(1) The Water (Part 2) Regulations are repealed.

(2) Any act, matter or thing that, immediately before the repeal of the Water (Part 2) Regulations, had effect under those Regulations continues to have effect under this Regulation.

Schedule 1

Applications

Schedule 1 Applications

(Clause 6)

(In this Schedule, approved form means a form approved by the Ministerial Corporation.)

Schedule 2

Fees

Schedule 2 Fees

(Clause 9)

Table 1

| Column 1 | Column 2 | | Rate in litres per second | Amount in dollars | | Not exceeding 50 | 113 | | Exceeding 50 but not exceeding 57.5 | 126 | | Exceeding 57.5 but not exceeding 65 | 136 | | Exceeding 65 but not exceeding 72.5 | 144 | | Exceeding 72.5 but not exceeding 80 | 153 | | Exceeding 80 but not exceeding 87.5 | 159 | | Exceeding 87.5 but not exceeding 95 | 166 | | Exceeding 95 but not exceeding 102.5 | 172 | | Exceeding 102.5 but not exceeding 110 | 177 | | Exceeding 110 but not exceeding 117.5 | 183 | | Exceeding 117.5 but not exceeding 125 | 189 | | Exceeding 125 but not exceeding 132.5 | 194 | | Exceeding 132.5 but not exceeding 140 | 200 | | Exceeding 140 but not exceeding 147.5 | 207 | | Exceeding 147.5 but not exceeding 155 | 213 | | Exceeding 155 but not exceeding 162.5 | 218 | | Exceeding 162.5 but not exceeding 170 | 224 | | Exceeding 170 but not exceeding 177.5 | 230 | | Exceeding 177.5 but not exceeding 185 | 235 | | Exceeding 185 but not exceeding 192.5 | 242 | | Exceeding 192.5 but not exceeding 200 | 248 | | Exceeding 200 but not exceeding 207.5 | 254 | | Exceeding 207.5 but not exceeding 215 | 260 | | Exceeding 215 but not exceeding 222.5 | 265 | | Exceeding 222.5 but not exceeding 230 | 271 | | Exceeding 230 | $271 plus $4 for each additional 7.5 litres per second or part thereof by which the rate exceeds 230 litres per second |

Table 2

| Column 1 | Column 2 | | Area in hectares | Amount in dollars | | Not exceeding 4 | 113 | | Exceeding 4 but not exceeding 6 | 127 | | Exceeding 6 but not exceeding 8 | 142 | | Exceeding 8 but not exceeding 10 | 156 | | Exceeding 10 but not exceeding 12 | 171 | | Exceeding 12 but not exceeding 14 | 184 | | Exceeding 14 but not exceeding 16 | 198 | | Exceeding 16 but not exceeding 18 | 213 | | Exceeding 18 but not exceeding 20 | 226 | | Exceeding 20 but not exceeding 22 | 241 | | Exceeding 22 but not exceeding 24 | 254 | | Exceeding 24 but not exceeding 26 | 269 | | Exceeding 26 but not exceeding 28 | 283 | | Exceeding 28 but not exceeding 30 | 297 | | Exceeding 30 but not exceeding 32 | 311 | | Exceeding 32 but not exceeding 34 | 326 | | Exceeding 34 but not exceeding 36 | 340 | | Exceeding 36 but not exceeding 38 | 355 | | Exceeding 38 but not exceeding 40 | 369 | | Exceeding 40 but not exceeding 42 | 381 | | Exceeding 42 but not exceeding 44 | 393 | | Exceeding 44 but not exceeding 46 | 404 | | Exceeding 46 but not exceeding 48 | 413 | | Exceeding 48 but not exceeding 50 | 425 | | Exceeding 50 but not exceeding 52 | 436 | | Exceeding 52 but not exceeding 54 | 445 | | Exceeding 54 but not exceeding 56 | 456 | | Exceeding 56 but not exceeding 58 | 468 | | Exceeding 58 but not exceeding 60 | 477 | | Exceeding 60 but not exceeding 62 | 488 | | Exceeding 62 but not exceeding 64 | 500 | | Exceeding 64 but not exceeding 66 | 509 | | Exceeding 66 but not exceeding 68 | 520 | | Exceeding 68 but not exceeding 70 | 531 | | Exceeding 70 but not exceeding 72 | 541 | | Exceeding 72 but not exceeding 74 | 552 | | Exceeding 74 but not exceeding 76 | 563 | | Exceeding 76 but not exceeding 78 | 573 | | Exceeding 78 but not exceeding 80 | 584 | | Exceeding 80 but not exceeding 82 | 594 | | Exceeding 82 but not exceeding 84 | 601 | | Exceeding 84 but not exceeding 86 | 610 | | Exceeding 86 but not exceeding 88 | 616 | | Exceeding 88 but not exceeding 90 | 623 | | Exceeding 90 but not exceeding 92 | 630 | | Exceeding 92 but not exceeding 94 | 637 | | Exceeding 94 but not exceeding 96 | 644 | | Exceeding 96 but not exceeding 98 | 651 | | Exceeding 98 but not exceeding 100 | 658 | | Exceeding 100 but not exceeding 102 | 665 | | Exceeding 102 but not exceeding 104 | 673 | | Exceeding 104 but not exceeding 106 | 680 | | Exceeding 106 but not exceeding 108 | 687 | | Exceeding 108 but not exceeding 110 | 693 | | Exceeding 110 but not exceeding 112 | 701 | | Exceeding 112 but not exceeding 114 | 707 | | Exceeding 114 but not exceeding 116 | 715 | | Exceeding 116 but not exceeding 118 | 722 | | Exceeding 118 but not exceeding 120 | 729 | | Exceeding 120 but not exceeding 122 | 736 | | Exceeding 122 but not exceeding 124 | 743 | | Exceeding 124 but not exceeding 126 | 750 | | Exceeding 126 but not exceeding 128 | 758 | | Exceeding 128 but not exceeding 130 | 765 | | Exceeding 130 but not exceeding 132 | 771 | | Exceeding 132 but not exceeding 134 | 779 | | Exceeding 134 but not exceeding 136 | 785 | | Exceeding 136 but not exceeding 138 | 793 | | Exceeding 138 but not exceeding 140 | 800 | | Exceeding 140 but not exceeding 142 | 807 | | Exceeding 142 but not exceeding 144 | 814 | | Exceeding 144 but not exceeding 146 | 820 | | Exceeding 146 but not exceeding 148 | 829 | | Exceeding 148 but not exceeding 150 | 835 | | Exceeding 150 but not exceeding 152 | 843 | | Exceeding 152 but not exceeding 154 | 849 | | Exceeding 154 but not exceeding 156 | 857 | | Exceeding 156 but not exceeding 158 | 864 | | Exceeding 158 but not exceeding 160 | 871 | | Exceeding 160 but not exceeding 162 | 878 | | Exceeding 162 | $878 plus $5 for each additional 2 hectares or part thereof by which the area exceeds 162 hectares |

Table 3

Schedule 3

Forms

Schedule 3 Forms

Form 1 Application under section 10 of the Water Act 1912 for a licence

(Clause 6)

Application No

| What right of occupation of this site do you hold | |

| Size and type of pump or size of diversion pipe or channel etc | | | Maximum rate at which water may be taken by means of the works (litres/second) | | | Estimated quantity of water proposed to be taken annually (megalitres) | |

| If water to be used for irrigation state—Type of works to be provided for distribution of water, eg pipes, earthen channels, spray plant etcWorks proposed to be undertaken in preparation of land for irrigation, eg grading, check-banking | | | Name/s of local newspaper/s circulating in the district | |

Names of any other landholders to be supplied with water, the location of their lands to be supplied and the purpose for which water will be used—

I, of
apply for a licence to construct and use the works described and to take, use and dispose of the water, if any, conserved or obtained for the purpose specified in this application and attach—

(a) a PLAN showing the boundaries of the land occupied by me, the site of the work to be licensed, the land, if any, to be irrigated and the boundaries of the land of any other person to be supplied with water, and

(b) a deposit of $ as security for the cost of investigation and inquiry in connection with the application.

Dated this day of 19

| | .........................(Signature of Applicant) |

Form 2 Application under section 13A of the Water Act 1912 for a licence

(Clause 6)

Application No

Location and extent of lands on which SUPPLY WORKS are to be constructed

| Particulars, giving sizes, capacities and grades of any channel, flume, pipe, conduit of other work in which water is to be conveyed from the supply work to the land to be supplied with water (longitudinal and cross-sectional plans of any channel to be attached) | |

Location and extent of lands on which CONVEYING WORKS are to be constructed

Details of APPLICANT’S LAND to which water is to be supplied

Details of APPLICANT’S LAND, if any, which is to be irrigated by these works

I, of
the occupier of the land firstly described, wishing to construct and use the supply work and conveying works described for the purpose mentioned, and being unable to obtain occupation of the whole of the land required for the works, apply for a licence to construct the supply work and to take and use for the purpose the water obtained.

I attach a plan showing—

(a) the location of the land to be supplied with water in relation to the river, creek, watercourse, billabong, lake, lagoon etc, from which the water supply is to be obtained and the portion of that land which I propose to irrigate, and

(b) the location of the land on which the supply work and the conveying works are proposed to be constructed, and

(c) the positions of the proposed supply work and conveying works.

I also attach plans showing longitudinal and cross-sections of all channels proposed to be constructed to convey water from the supply work to the land to be supplied with water.

I enclose a deposit of $ as security for the cost of investigation and inquiry in connection with the application.

Dated this day of 19

| | .........................(Signature of Applicant) |

Form 3 Application under Part 2 of the Water Act 1912 for a permit

(Clause 6)

Application No

Details of works for which permit is required

Details of area, if any, to be irrigated—MAXIMUM AREA ALLOWED 4 HECTARES

I, of ,
being the owner or occupier of the land described, apply for a PERMIT to construct and use the works described and to take and dispose of the water obtained for the purpose specified. I attach a PLAN showing the boundaries of the land owned or occupied by me, the site of the work for which a permit is required and the land, if any, to be irrigated.

Dated this day of 19

| | .........................(Signature of Applicant) |

Form 4 Application under section 20 of the Water Act 1912 for an authority for a joint water supply scheme

(Clause 6)

Application No

| Name of person and postal address to which correspondence and Water Diversion Returns are to be sent | | | Name of river, creek, watercourse, billabong, lake, lagoon etc | | | Means of taking water, eg gravitation, pumping etc | |

Details of land of each occupier to be supplied with water

Details of works by which water is to be taken

Details of crops, if any, to be irrigated by each occupier

| Occupier | Type of crop | Area | Total area to be irrigated by each occupier | | | | hectares | hectares | | | | | | | | | | | | | | | | | | | Total area to be irrigated by all applicants— | | | | | hectares | | Estimated quantity of water proposed to be taken annually (megalitres) | | | Occupier | Estimated quantity of water proposed to be delivered annually | Particulars of rates and times at which water is proposed to be delivered to each occupier | Particulars of any other matters affecting the apportionment of water between the several occupiers | | | megalitres | | | | | | | | | | | | | | | | | | | | | | | | Particulars of any money paid or proposed to be paid to any person in respect of the supply of water in connection with the joint water supply scheme | | | Particulars of any money paid or proposed to be paid to any person in respect of the occupancy or transfer of any land because of or in connection with the joint water supply scheme | |

Particulars of the arrangements between the applicants in respect of—

| The provision and construction of the works | | | The operation of the works | | | The maintenance and renewal of the works | | | The provision of money for each of the foregoing | | | The payments to be made by any of the occupiers in respect of the foregoing | | | Name/s of local newspaper/s circulating in the district | |

We,
being the occupiers of the lands detailed, apply for an authority under Part 2 of the Water Act 1912 to construct and use the joint water supply scheme described and to take and use the water conserved or obtained for the purposes specified.

We attach a plan showing—

(a) the land occupied by each occupier,

(b) the location of the means by which water is to be taken from the river, creek, watercourse, billabong, lake, lagoon etc,

(c) the location of any channel, flume, pipe, conduit or other work in which water is to be conveyed,

(d) the location of any bridge, culvert, syphon, check, regulator or other structure or work to be provided,

(e) if the work is for the purpose of irrigation the location of the areas proposed to be irrigated within the land of each occupier.

We also attach longitudinal and cross-sectional plans of all channels proposed to be constructed for the conveyance of water to the land of each occupier.

We also attach a certified copy of any agreement entered into between the occupiers or between the occupiers and any other person in respect of the joint water supply scheme.

We enclose a deposit of $ as security for the cost of investigation and inquiry in connection with the application.

Dated this day of 19

| | ......................... | | | ......................... | | | .........................(Signatures of all Applicants) |

Form 5 Application under section 20CA of the Water Act 1912 for an authority for a joint water supply scheme

(Clause 6)

Application No

Details of land of each occupier to be supplied with water

Details of Supply Works

Location and extent of lands not occupied by applicants—

On which Supply Work is to be constructed—

| Portion No | Parish | County | Area | Name and Address of owner | Name and Address of occupier | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |

On which Conveyancing Works are to be constructed—

| Portion No | Parish | County | Area | Name and Address of owner | Name and Address of occupier | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |

Details of Crops, if any, to be irrigated by each occupier—

| Occupier | Type of crop | Area | Total area to be irrigated by each occupier | | | | hectares | hectares | | | | Total area to be irrigated by all applicants | | | | | hectares | | Estimated quantity of water proposed to be taken annually (megalitres) | | | Occupier | Estimated quantity of water proposed to be delivered annually | Particulars of rates and times at which water is proposed to be delivered to each occupier | Particulars to any other matters affecting the apportionment of water between the several occupiers | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | Particulars of any money paid or proposed to be paid to any person in respect of the supply of water in connection with the joint water supply scheme | | | Particulars of any money paid or proposed to be paid to any person in respect of the occupancy or transfer of any land because of or in connection with the joint water supply scheme | |

Particulars of the arrangements between the applicants in respect of—

We,
the occupiers of the lands firstly described, wishing to construct and use the supply work and conveying works described for the purpose mentioned, and being unable to obtain occupation of the whole of the land required for the works, apply for an authority for a joint water supply scheme to construct the supply work and to take and use for the purpose the water obtained.

We attach a plan showing—

(a) the land occupied by each occupier,

(b) the location of the land to be supplied with water in relation to the river, creek, watercourse, billabong, lake, lagoon etc, from which the water supply is to be obtained,

(c) the land on which the supply work and the conveying works are proposed to be constructed,

(d) the location of the proposed supply work and conveying works,

(e) the location of the means by which water is to be taken from the river or lake and the location of any channel, flume, pipe, conduit or other work in which water is to be conveyed to the land of each occupier,

(f) the location of any bridge, culvert, syphon, check, regulator or other structure or work to be provided,

(g) if the work is for the purpose of irrigation, the location of the areas proposed to be irrigated within the land of each occupier.

We also attach longitudinal and cross-sectional plans of all channels proposed to be constructed for the conveyance of water to the land of each occupier.

We also attach a certified copy of any agreement entered into between the occupiers or between the occupiers and any other person in respect of the joint water supply scheme.

We enclose a deposit of $ as security for the cost of investigation and inquiry in connection with the application.

Dated this day of 19

| | ......................... | | | ......................... | | | .........................(Signatures of all Applicants) |

Form 6 Application under section 20K of the Water Act 1912 for a group licence

(Clause 6)

Application No

Details of land of each occupier to be supplied with water

Details of Works by which water is to be taken

Details of crops, if any, to be irrigated by each occupier

| Occupier | Type of crop | Area (hectares) | Total area to be irrigated by each occupier (hectares) | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | Total area to be irrigated by all occupiers | | | Estimated quantity of water proposed to be taken (litres/second) annually (megalitres) | | | Occupier | Estimated quantity of water proposed to be delivered annually | Particulars of rates and times at which water is proposed to be delivered to each occupier | Particulars of any other matters affecting the apportionment of water between the several occupiers | | | | | | | | | | | | | | | | | | | | | | | | | | | Name/s of local newspaper/s circulating in the district | | | |

I,
apply for a group licence under Part 2 of the Water Act 1912 to construct and use or to use the work described and to take the water conserved or obtained and dispose of it for the use of the occupiers from time to time of land within the private district of the Board for the purposes specified in this application.

Attached is a plan showing—

(a) the land occupied by each occupier,

(b) the location of the means by which water is to be taken from the river, creek, watercourse, billabong, lake, lagoon etc,

(c) the location of any channel, flume, pipe, conduit or other work in which water is to be conveyed,

(d) the location of any bridge, culvert, syphon, check, regulator or other structure or work to be provided,

(e) the location of the areas proposed to be irrigated within the land of each occupier.

Also attached are longitudinal and cross-sectional plans of all channels proposed to be constructed for the conveyance of water to the land of each occupier.

Enclosed is a deposit of $ as security for the cost of investigation and inquiry in connection with the application.

Dated this day of 19

| | .........................(Signature of Applicant) |

Form 7 Application under section 20Q of the Water Act 1912 for an amended group licence

(Clause 6)

Application No

Names and addresses of all occupiers of ADDITIONAL LANDS proposed to be supplied with water

Details of land of each ADDITIONAL OCCUPIER to be supplied with water

Details of crops, if any, to be irrigated by each ADDITIONAL OCCUPIER

Details of proposed alteration of licensed works

| Particulars of proposed alteration of works | Portion No | Parish | County | Maximum rate at which water is proposed to be taken (litres/second) | | State whether change in or addition to existing works | | | | | | | Particulars, giving sizes, capacities and grade of any channel, flume, pipe, conduit or other work in which water is proposed to be conveyed to the additional land (megalitres) (longitudinal and cross-sectional plans of any channel to be attached) | | | Estimated quantity of water proposed to be delivered annually to the additional land | | | Particulars of the rates and times at which water is proposed to be delivered to the additional land | | | Name/s of local newspaper/s circulating in the district | |

I,
apply for an amended group licence under Part 2 of the Water Act 1912 to construct and use or to use the work described and to take the water conserved or obtained and dispose of it for the use of the occupiers from time to time of land within the private district of the Board for the purposes specified.

Attached is a plan showing—

(a) the additional land proposed to be included in the amended group licence and its relation to the land specified in the existing group licence,

(b) the location of any channel, flume, pipe, conduit or other work by means by which water is proposed to be conveyed to the additional land,

(c) the location of any additional bridge, culvert, syphon, check, regulator or other structure or work proposed to be conveyed to the additional land,

(d) the location of the area proposed to be irrigated within the additional land.

Also attached are longitudinal and cross-sectional plans of all channels proposed to be constructed for the conveyance of water to the additional land.

Dated this day of 19

| | .........................(Signature of Applicant) |

Form 8 Licence under section 12 of the Water Act 1912

(Clause 8)

Date issued:

| Name and address of licensee | |

Details of Licensed Works

Details of Land to be Irrigated

The work described, and referred to in the application and plans deposited by or on behalf of the licensee, as finally approved by the Water Administration Ministerial Corporation, is declared to be a licensed work under the Water Act 1912.

This licence is subject to the terms, limitations and conditions set out on the attached Condition Statement.

Form 9 Licence under section 13A of the Water Act 1912

(Clause 8)

Date issued:

| Name and address of licensee | |

Details of Supply Works (plan attached)

Details of Conveyancing Works (plan attached)

This licence is subject to the terms, limitations and conditions set out on the attached Condition Statement.

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 (Part 2—General) Regulation 1997.

2 Commencement

This Regulation commences on 22 August 1997.

3 Definitions

(1) In this Regulation—

the Act means the Water Act 1912.

(2) In this Regulation, a reference to a Form is a reference to a Form set out in Schedule 3.

4 Notes

The explanatory note and table of contents do not form part of this Regulation.

5 Extension of definition of “River”

For the purposes of paragraph (c) of the definition of River in section 5 (1) of the Act, that part of the Gol Gol Channel shown hatched black on the map marked “DWR Plan No 44/623”, a copy of which is deposited in the Parramatta Office of the Department of Land and Water Conservation, is prescribed as being a river.

5A Streams of water not within definition of “River”

For the purposes of the definition of River in section 5 (1) of the Act, the following streams of water are prescribed as not being rivers—

Barratta Creek, as shown on Central Mapping Authority map entitled “Morago 7827–II & III” (First Edition 1:50 000 Topographic Series)

Box Creek Escape Channel, as shown on Central Mapping Authority map entitled “Morago 7827–II & III” (First Edition 1:50 000 Topographic Series)

cl 5A: Ins 9.4.1998.

Part 2 Licences, permits and authorities

This section sets out practical steps and a compliance checklist grounded in the Regulation’s text, for applicants, licence‑holders and parties involved in transfers.

Use the correct form and attach required plans (clause 6; Schedule 1; Schedule 3)

Identify the Act section under which you are applying and use the corresponding form in Schedule 1 (clause 6). For example, use Form 1 for an application under s 10, Form 2 for s 13A, Form 3 for permits, Form 4 for authorities for joint water supply schemes, Form 6 for group licences and Forms 8 or 9 for licences (clause 8; Schedule 1).
Prepare and attach the plans required by the selected form (Schedule 3). Plans commonly required: boundaries, site of work, areas to be irrigated, and longitudinal and cross‑sectional plans of channels. For s 13A or joint supply schemes, include detailed plans of supply and conveying works.

Lodge required deposit and fees on application (clause 7; clause 22; clause 12; Schedule 2)

Lodge the $30 deposit where applicable (clause 7 lists application types requiring the deposit).
For permanent transfers, include the $275 application fee; for temporary transfers, include the $90 application fee (clause 22(1)-(2)). For transfers of water allocations under s 20AJ of the Act, ensure you pay the fees in clause 12 ($250 for permanent transfers under s 20AI(1); $75 for temporary transfers under s 20AI(2)).
Calculate licence and renewal fees using Schedule 2 tables. Confirm the correct fee basis: flow rate (Table 1), area (Table 2) or Table 3 for additional high‑flow licences (Schedule 2 cl 2-4).

Provide supporting information and consents as required (clause 19)

Anticipate requests from the Ministerial Corporation for specified information and consents: clause 19(2)(a) allows the regulator to require the transferor to provide information and consents; clause 19(2)(b) allows the transferee to be required to provide specified evidence.
For transfer approvals prepare evidence on social and economic effects, history of water usage under the licence, and potential impacts on flow and water quality (clause 23(1)(a)-(c)). The Ministerial Corporation may consider these matters when deciding to approve a transfer.

For permanent transfers, ensure the transferee applies for a new or amended entitlement (clause 20)

An application for a permanent transfer must be accompanied by an application by the transferee for a new entitlement or an amended entitlement (clause 20). Do not submit a transfer application in isolation.

For temporary transfers, ensure transferee holds an existing entitlement (clause 21)

If proposing a temporary transfer, verify that the transferee already holds an entitlement because the Ministerial Corporation may only approve temporary transfers to existing entitlement holders.

Prepare for conditions and possible surrender requirements (clause 23(2))

The Ministerial Corporation can require the transferor to surrender rights permanently as a condition of approval. Anticipate and negotiate potential surrender amounts; evidence of need or mitigation may be required.

Check transfer zone rules and potential cross‑zone refusals (clause 26)

Determine whether the locations involved fall within transfer zones the Ministerial Corporation has declared. If transfers cross zones, assess whether the transferee’s zone could be “subjected to an unacceptable commitment” and prepare evidence addressing such concerns.

Timely payment and service methods (clauses 11, 14)

Pay fees within five weeks after being notified of the fee, or within one week after a decision on an appeal or objection, unless an extension is granted (clause 11). For charges under section 22C of the Act, expect service of payment notices by personal service, leaving at premises (or with a person over 14), or by prepaid post (clause 14(3)-(4)). If the Ministerial Corporation allows instalments, get the instalment schedule in writing (clause 14(1)-(2)).

Maintain recordkeeping to support annual returns (clause 31)

Keep records sufficient to complete the July annual return: area irrigated, crop classes, method of irrigation, hours pumped or diverted each month, pump size and motive power. Ensure data retention for at least 12 months to cover the preceding period. A failure to return invites a penalty up to 10 penalty units.

Understand refund and withdrawal mechanics (clauses 10, 12(3), 22(3))

If withdrawing a transfer application before determination, seek refund of the transfer application fee (clauses 12(3), 22(3)). For revoked, cancelled or modified licences, a refund of part of the last fee may be available but only to a person who is an applicant for a further licence in respect of works on the same land (clause 10(1)-(3)). Document reasons for withdrawal and keep communication records about refunds.

Monitor interest rates for overdue charges (clause 15)

Overdue charges attract interest at the rate under Civil Procedure Act 2005 s 101. Check current s 101 rates when calculating interest on overdue amounts.

Be aware of declared public authorities and trusts (clauses 27-28)

If acting for a public authority listed in clause 27, confirm whether nominal fee treatment may apply and whether any special protocol exists between the authority and the Ministerial Corporation. For trusts listed in clause 28, understand that Division 4B and s 22C of the Act apply to them.

Seek directions or pre‑application consultation where discretionary approvals are likely

Given the broad discretion in transfer approvals and surrender conditions, engage with the Ministerial Corporation early where possible to identify evidentiary expectations, potential conditions, and whether a proposed transfer would raise social, economic or environmental concerns (clauses 19, 23, 26).

Follow clause 24 mechanics for giving effect to transfers (issue of new entitlement for permanent transfer; altering conditions for temporary transfer). Ensure all documents are lodged so the Ministerial Corporation can accurately abate or cancel entitlements as required by clause 25.

Check transitional continuity for pre‑existing arrangements (clause 32)

If relying on an authorization granted under the earlier Water (Part 2) Regulations, note clause 32(2) preserves those effects. Retain historical documents and verify how the Ministerial Corporation records the entitlements under the new Regulation.

Compliance checklist summary

Step 1: Identify correct statutory basis (which section of the Act) and correct form in Schedule 1.
Step 2: Prepare plans and technical documentation per Schedule 3.
Step 3: Lodge required deposit ($30 where applicable) and pay the correct fee (Schedule 2; clause 22; clause 12).
Step 4: Anticipate and supply further information upon request (clause 19).
Step 5: For transfers, ensure transferee has appropriate entitlement (temporary transfers) or applies for a new entitlement (permanent transfers) (clauses 20-21).
Step 6: Prepare to negotiate surrender conditions and address environmental/social/economic impacts (clause 23).
Step 7: Keep records for annual returns and file in July every year (clause 31).
Step 8: Monitor payments, service of notices and interest rates to avoid overdue charges and interest (clauses 11, 14, 15).

Following these steps, and documenting each interaction with the Ministerial Corporation, will align applicants and licence‑holders with the procedural and substantive rules embodied in this Regulation.