Bore licence under Part 5 of the Water Act 1912. The regulation applies only to licences issued under Part 5 of that Act, which governs the construction and use of bores for extracting groundwater. A bore licence is a statutory permission to construct, enlarge, deepen or alter a bore and to take water for specified purposes. The regulation does not address the substantive criteria for granting a licence, which are in the Act.

Artesian bore versus other bore. The regulation distinguishes between artesian bores (where water flows naturally to the surface under pressure) and other bores (subartesian, where pumping is required). Clause 7 sets a much lower fee for artesian bores ($48) than for non-artesian bores used for commercial purposes ($151). This is a notable pricing anomaly: artesian bores typically involve higher risk of aquifer depletion and cross-contamination, yet the fee is lower. The distinction appears in the forms as well, where "Artesian bore" is a separate checkbox.

Prescribed public authorities and nominal licence fees. Clause 8 lists entities that qualify for nominal licence fees under section 116A(3) of the Act. These are predominantly government bodies and state-owned corporations. The provision effectively subsidises state water extraction, reducing the financial burden on public water supply, transport, and forestry entities. The list has been amended multiple times to reflect machinery of government changes, most recently in 2025 to add Sydney Metro.

Water charges per megalitre. Clause 10 sets maximum rates for charges under section 117B(4) of the Act. These are volumetric charges payable by licensees in addition to the licence fee. The rate for town water supply ($1.62/ML) is less than one-third of the rate for irrigation, industrial or recreational uses ($4.85/ML). This differential has no basis in the Act itself but reflects a policy choice to subsidise urban water supply at the expense of other users. The charges are maximums; the Ministerial Corporation could set lower rates.

Prescribed forms. Schedule 1 contains Form 1 (application) and Form 2 (licence). The forms are detailed and require information about land tenure, bore location, purpose, estimated annual usage (in megalitres), and details of other landholders to be supplied. For irrigation applications, Section 2 requires details of crops, existing irrigation from bores and rivers, and lease status. The plans requirement (clause 4(2)) is specific: plans must show boundaries of land occupied, bore site, boundaries of land to be irrigated, and boundaries of any other person’s land to be supplied.

Payment time frames. Clause 9 requires licence fee payment within five weeks of notification. Clause 10(2) requires water charge payment within one month of service of a notice. These are short time frames compared to typical commercial payment periods, and failure to pay may lead to licence suspension or cancellation under the Act. The one-month period starts from service, which can be by delivery, leaving at premises, posting, or leaving with a person over 14. This broad service method reduces the risk of non-receipt but also creates potential for disputes about whether service was effective.

Interest on overdue charges. Clause 10(3) adopts the Civil Procedure Act 2005 judgment debt rate as the prescribed interest rate for overdue water charges. This rate (currently around 6-8% per annum) is lower than typical commercial penalty rates, providing a relatively cheap cost of delay for licensees who fail to pay on time.

Licence applicants and holders. Anyone seeking to construct a new bore, or enlarge, deepen or alter an existing bore, under Part 5 of the Water Act 1912 must comply. This includes private landholders, farmers, irrigators, industrial operators, recreational facilities, town water supply authorities, and mining companies. Existing licence holders are affected by the renewal process, fee obligations, and ongoing water charges. The regulation does not apply to existing bores that were already licensed under the previous regime; those licences continue under the transitional provision in clause 12(2).

Prescribed public authorities. Clause 8 lists entities that can access nominal licence fees. These include every State government department (which is a very broad category), rail corporations (Rail Corporation NSW, NSW Trains, Sydney Trains, Sydney Metro), Forestry Corporation, Pacific Power, all local councils, county councils, and joint water supply boards. For these bodies, the standard fees in clause 7 do not apply; instead section 116A of the Act provides for a nominal fee. This reduces their cost of groundwater extraction, potentially encouraging greater use. The list is not exhaustive of all possible public authorities but is limited to those specifically named or falling within the generic categories.

The Water Administration Ministerial Corporation. This body administers the licensing system. It processes applications, issues licences (in Form 2), notifies fees, collects licence fees and water charges, and serves notices. It also has the power to approve renewal application forms (clause 6). The corporation must pay all Part 5 charges into the Consolidated Fund (clause 11). It is bound by the maximum charge rates in clause 10 but can set lower rates.

Landholders and other persons supplied. The application form requires details of any other landholders to be supplied with water from the proposed works (Section 1 of Form 1). These persons do not themselves apply for the licence but their land boundaries must be shown on the plans. They are indirectly affected because the licence conditions may limit what they can receive, and they may have rights or obligations under the Act.

Lessees. The application form asks whether the property is leased (Section 2). This is relevant because the plans must show boundaries of land occupied, not necessarily owned. A lessee can apply for a licence, but the licence may be subject to the lease term or require the landowner’s consent under the Act. The regulation does not itself address this, but the form implies occupancy is sufficient.

Professions affected include: lawyers advising on water rights, compliance officers in agriculture and industry, accountants dealing with fee payments and charges, and real estate professionals dealing with land where a bore exists. The regulation’s simplicity (only 12 clauses) means most legal work will involve the Act itself rather than this regulation.

Duty to apply in correct form and with plans. Clause 4 requires that an application under section 113(1) of the Act must be in Form 1 and accompanied by plans showing (a) boundaries of land occupied, (b) bore site, (c) boundaries of land to be irrigated, and (d) boundaries of any other person’s land to be supplied. This is a mandatory requirement; an application not complying is likely invalid. The plans requirement is more specific than the generic “plans” mentioned in the Act, and the regulation adds precision. The duty applies to both new bores and alterations to existing bores.

Duty to pay licence fee within five weeks. Clause 9 provides that the fee for issue or renewal of a licence must be paid within five weeks after the Ministerial Corporation notifies the amount. The notification date is when the corporation sends the fee notice. If payment is not made within that period, the application may lapse or the licence may not issue/renew. There is no discretion in the regulation for extensions, though the Act may provide some.

Duty to pay water charges within one month. Clause 10(2) requires payment of any charge under section 117B(4) within one month after notice is served. Service can be by delivery, leaving at premises, leaving with a person over 14, or post to the last known address. The one-month period is short and runs from service, not from receipt. Postal service is deemed to occur when the notice would be delivered in the ordinary course; this creates risk for licensees who may be away.

Duty to pay interest on overdue charges. If the water charge is not paid within one month, the licensee must pay interest at the Civil Procedure Act 2005 judgment debt rate (clause 10(3)). This is a prescribed rate fixed externally. The regulation does not set a grace period beyond the one month; interest starts accruing from the due date.

Right to receive licence in Form 2. Clause 5 prescribes that a licence under section 115 must be in Form 2. This gives the licensee a standardized document specifying the bore location, nature, purposes, irrigation area, period, and annual volume (in megalitres). The form also includes any terms, limitations, and conditions on a separate attached statement. The right is to have a licence issued that conforms to this form, which provides legal certainty.

Right to nominal licence fee for prescribed public authorities. The entities listed in clause 8 are entitled to pay a nominal fee under section 116A(3) of the Act instead of the standard fees in clause 7. The regulation does not specify what the nominal fee is; that is in the Act. The right is contingent on being within the prescribed list. A public authority that does not fall within the defined categories (e.g., a state-owned corporation not listed) must pay the standard fee.

Right to renewal. The regulation does not restrict renewal; it simply requires an application in a form approved by the Ministerial Corporation (clause 6). The renewal fee is the same as the initial fee (clause 7). The licence period is shown on Form 2 in years, but the regulation does not specify the maximum period; that is in the Act.

Right to pay a single fee for multiple non-artesian bores. Clause 7(2) provides that if a licensee uses multiple non-artesian bores for town water supply extracting at least 60 ML per annum total, only one fee of $151 is payable for all those bores. This is a concession that reduces the cost for town water suppliers with multiple bores. It does not apply to artesian bores or to non-artesian bores used for other purposes.

Implication: no right to have fees waived. The regulation does not give the Ministerial Corporation any power to waive or reduce fees, except through the nominal fee provision for prescribed public authorities. Fees are fixed; failure to pay results in no licence.

The regulation itself does not create any criminal offences or penalties. Enforcement is primarily through the threat of non-issue or non-renewal of a licence, and through interest charges. Key enforcement mechanisms include:

Non-issue or non-renewal. If an applicant does not pay the prescribed fee within five weeks of notification (clause 9), the Ministerial Corporation may refuse to issue or renew the licence. The Act (section 116B) likely provides that the payment of the fee is a condition precedent. The regulation does not list any other grounds for refusal; those are in the Act.

Interest on overdue water charges. Clause 10(3) imposes interest at the judgment debt rate on any water charge not paid within one month of notice. This is the only financial penalty within the regulation. The interest is not a fine but a compensatory charge. The rate is set by reference to the Civil Procedure Act 2005, which as of early 2025 is around 6-7% per annum. This is low compared to typical penalty interest (e.g., 10-15% in commercial contracts), so the disincentive to pay late is modest.

Suspension or cancellation of licence for non-payment. The Act itself (not the regulation) likely gives the Ministerial Corporation power to suspend or cancel a licence for failure to pay charges. The regulation does not address this, but the one-month payment period in clause 10(2) triggers the Act’s enforcement provisions. The regulation set the time for payment; once that time expires, the Act’s remedies become available.

No penalties for late application or incorrect forms. If an applicant submits an incomplete application or fails to attach the required plans, the Ministerial Corporation can reject it. There is no penalty for submitting a late renewal application beyond the risk of the licence expiring. The regulation does not impose fines or infringe notices; it is purely administrative.

Enforcement against prescribed public authorities. The nominal licence fee provision does not exempt public authorities from paying water charges or compliance with the Act. They remain liable for interest on overdue charges and potential enforcement. In practice, government entities are rarely subject to aggressive enforcement, but the legal framework is the same.

Economic assessment of enforcement. The low interest rate and short payment periods create weak incentives for timely payment. A rational licensee might delay payment, knowing that the interest cost is less than the opportunity cost of holding funds. The five-week period for licence fees is similarly short, but the consequence (non-issue) is more severe, so compliance is likely higher. The regulation’s enforcement machinery relies entirely on the Act; the regulation merely sets the parameters.

Water Act 1912 (NSW). This regulation is made under that Act and operates solely within its Part 5 framework. The Act grants the Ministerial Corporation powers to issue, renew, suspend, and cancel licences; to impose conditions; to set water charges; and to determine extraction limits. The regulation fills in the details left by the Act: forms, fees, prescribed public authorities, payment times, and maximum charge rates. Any inconsistency between the regulation and the Act would be resolved in favour of the Act. The regulation does not purport to alter substantive rights under the Act.

Civil Procedure Act 2005 (NSW). Clause 10(3) adopts the judgment debt interest rate under section 101 of that Act as the rate for overdue water charges. This links a water regulation to the general civil procedure law. Changes to the CP Act interest rate automatically flow through to water charges without amending this regulation. This is an efficient drafting technique but means the rate is not fixed at a water-specific level.

Water Management Act 2000 (NSW). This is the successor regime that replaced most of the Water Act 1912 for new water licences. However, the 1912 Act remains in force for certain existing licences and for matters not covered by the 2000 Act. This regulation continues to apply to bore licences issued under Part 5 of the 1912 Act that have not been converted to the new regime. The interaction is complex: a licence under the 1912 Act may still be subject to this regulation, but any new bore applications after the commencement of the 2000 Act would generally be made under that Act, not the 1912 Act. However, the regulation has not been repealed, so it remains in force for the dwindling number of 1912 Act licences.

Local Government Act 1993 (NSW). Councils are prescribed public authorities (clause 8) and may seek nominal licence fees. The regulation interacts with local government water supply functions. Councils that operate town water supply systems using bores must comply with this regulation unless they are exempted by other provisions.

State Records Act 1998 (NSW) and other administrative law. The forms and licence documents are state records. The regulation does not deal with retention or access, but the forms create administrative obligations.

Competition and Consumer Act 2010 (Cth) (Water Rules). National competition policy has driven reforms in water pricing, but this regulation predates those reforms. The fixed maximum charges in clause 10 are not set by reference to cost recovery principles or market mechanisms. They may be inconsistent with the National Water Initiative’s requirements for full cost recovery, though the regulation’s age means it is likely part of a legacy regime.

Potential inconsistency with later regulations. There is no note in the source indicating any conflict with other regulations under the Water Act 1912. But the Water (Part 5) General Regulations were repealed by clause 12 and replaced by this regulation. Any other regulations made under Part 5 would need to be considered; there may be others dealing with other topics.

The regulation has been amended six times since its commencement on 1 September 1995. All amendments have been ministerial or parliamentary and are recorded at the end of clause 8 and clause 10.

2002 amendment (No 55, Sch 1.14). This amendment updated the list of prescribed public authorities in clause 8. It likely reflected machinery of government changes, such as renaming departments or adding new bodies. The exact content is not in the source, but it is part of the continuous updating of the public authority list.

2003 amendment (No 96, Sch 3.25). Another update to the prescribed public authorities list. This may have added or removed specific bodies. No other clauses were amended.

2005 amendment (No 28, Sch 5.50). Clause 10(3) was amended to substitute the reference to the Civil Procedure Act 2005 for a previous reference to an older interest rate provision. This was a consequential amendment following the enactment of the Civil Procedure Act 2005, which replaced the Supreme Court Rules and earlier interest provisions. This is a technical but important amendment: it ensures the interest rate stays current.

2012 amendment (No 96, Sch 4.52). The prescribed public authorities list was amended again. This may have reflected the creation of new state agencies or the renaming of existing ones (e.g., changes to rail corporations). No other changes.

2017 amendment (No 63, Sch 4.57). Another update to the prescribed public authorities list. By this time, the rail restructuring had occurred: Rail Corporation NSW, NSW Trains, Sydney Trains were listed. The amendment in 2017 likely refined those references.

2018 amendment (No 18, Sch 2.22). Further amendment to the prescribed public authorities list.

2025 amendment (No 66, Sch 2.12). The most recent amendment, which added "Sydney Metro" to the list of prescribed public authorities. This reflects the creation of the Sydney Metro agency as a public authority. It also may have removed or renamed other bodies (not apparent from the source, but the list now includes Sydney Metro). The amendment was made in 2025, showing the regulation remains alive and is being maintained.

No amendment history for fees or charges. The dollar amounts in clause 7 ($48, $151) and clause 10 ($1.62, $4.85) have never been amended since 1995. This means real fees have fallen significantly due to inflation. The lack of indexation may be deliberate (to keep costs low for licensees) or due to neglect. Either way, it reduces the regulatory burden over time.

No amendment to clause 9 (payment time) or clause 11 (Consolidated Fund). These have remained unchanged.

The source text does not refer to any cases. The regulation is narrow and procedural, making it unlikely to be the subject of significant litigation. Most disputes about bore licences would focus on the Act (e.g., conditions, cancellation, extraction limits) rather than the forms or fees prescribed by this regulation. However, potential litigation areas include:

Challenge to fee validity. A licensee could argue that the fees in clause 7 are ultra vires the Act if they exceed the Ministerial Corporation’s power. No case is apparent from the source, but such a challenge would require reading the Act’s enabling provisions. The fees are low, so the incentive to litigate is weak.

Challenge to interest rate. The adoption of the Civil Procedure Act rate could be challenged if it is not a "prescribed rate" for the purposes of the Water Act. However, clause 10(3) is clear. No reported case is known.

Challenge to service of notice. Clause 10(2) provides several methods of service. A dispute could arise over whether service by leaving with a person under 14 (not allowed) or at the wrong address was valid. The regulation requires leaving with a person apparently over 14 and apparently resident or employed. If that method fails, the notice may be invalid, and the one-month period may not start. This is a technical but litigable point.

Interpretation of "occupied". Clause 4(2)(a) requires plans showing boundaries of land "occupied" by the applicant. This could be narrower than ownership. A dispute could arise if the applicant is a lessee and the landowner objects. The regulation does not define "occupied", so a court might need to interpret it.

No reported decisions appear in the source. Given the age and narrow scope, it is highly unlikely that this regulation has been the subject of appellate litigation. It is a subordinate instrument that is routinely applied without challenge. The deep dive should not invent cases but can note the absence of litigation history from the source.

Artesian bore fee anomaly. The fee for an artesian bore licence is $48, while a non-artesian bore used for irrigation etc. costs $151. Artesian bores tap into confined aquifers that are more vulnerable to over-extraction and have higher potential for cross-aquifer contamination. The lower fee creates a perverse incentive to classify a bore as artesian even if it is borderline, and it subsidises higher-risk extraction. There is no economic rationale for the differential evident in the source.

No indexation of fees or charges. The $48 and $151 fees, and the $1.62 and $4.85 per ML charges, have not been amended since 1995. In nominal terms they are constant, but in real terms they have fallen by roughly 70% due to inflation. This means the effective cost of a bore licence has declined significantly, reducing the deterrent effect of the fee and potentially encouraging more applications than economically efficient. The Ministerial Corporation’s cost recovery is likely eroded.

Single fee for multiple bores only for town water supply. Clause 7(2) allows a licensee with multiple non-artesian bores for town water supply to pay a single $151 fee. This concession is not available for irrigation, industrial, or recreational uses. A farmer with multiple irrigation bores must pay $151 per bore. This discriminates in favour of town water over other uses.

Short payment periods. Licence fees must be paid within five weeks of notification (clause 9). Water charges within one month of service (clause 10(2)). These are tight deadlines. For a licensee who is away or has poor mail handling, the one-month period could expire before they even receive the notice. If service is by post, it is deemed to have been served when it would have arrived in the ordinary course, which could be sooner than actual receipt. The licensee bears the risk.

Service methods allow vicarious receipt. Notice can be left with a person over 14 apparently resident or employed on the property. That person might not be an employee or resident; the test is "apparently". If a passerby is left with the notice, the service might be valid even if the licensee never gets it. This is a trap for licensees who are not vigilant.

Interest rate reference is external. Clause 10(3) sets interest at the judgment debt rate under the Civil Procedure Act 2005. That rate changes periodically. Licensees cannot know the exact rate without checking the current rate; the regulation does not publish it. This creates uncertainty, but the rate is low (typically 6-8%), so the impact is small.

No prescribed form for renewal application. Clause 6 says the renewal application must be in a form approved by the Ministerial Corporation, not in Schedule 1. This means the regulator can change the form unilaterally without amending the regulation. Licensees must obtain the current approved form from the corporation.

Plans requirement ambiguous. Clause 4(2) requires plans showing boundaries of land occupied by the applicant. If the applicant occupies multiple parcels, must all be shown? The plans must also show boundaries of any land to be irrigated (which may be less than the occupied land). For a large farming operation, this could be burdensome. The regulation does not specify scale or format.

No provision for shared bores. The form asks for details of other landholders to be supplied, but the regulation does not prescribe how multiple licensees or co-owners are treated. If more than one person applies, the form allows two applicant names. But the fee is per licence; multiple applicants pay one fee. There is no discount for shared bores.

Nominal fee for public authorities is undefined. Clause 8 lists authorities entitled to a nominal fee under the Act, but the regulation does not define "nominal". The Act (section 116A(3)) likely sets it at $1 or a token amount. The regulation does not impose any conditions on the entitlement; a small town council could apply for a nominal fee on a major bore.

Transitional provision may save old forms. Clause 12(2) says acts done under the repealed regulations continue under this regulation. If an application was made under the old forms, it might still be valid. But the regulation does not say how long that transition lasts.

Step 1: Identify whether the regulation applies. Determine if the bore is subject to Part 5 of the Water Act 1912. Most new bores now fall under the Water Management Act 2000, but existing licences under the 1912 Act remain. For a new bore on land where the water rights are still governed by the 1912 Act (e.g., certain Western Division areas or pre-2000 licences), this regulation applies. If in doubt, check with the Water Administration Ministerial Corporation.

Step 2: Obtain the correct form. For a new bore or alteration of an existing bore, use Form 1 from Schedule 1 of the regulation. For renewal, obtain the current approved form from the Ministerial Corporation. Do not use an outdated version. The forms are available from the corporation’s website or office.

Step 3: Prepare the required plans. Clause 4(2) requires plans showing (a) boundaries of the land you occupy (not necessarily own), (b) the exact site of the bore, (c) boundaries of any land to be irrigated, and (d) boundaries of any other person’s land to be supplied with water from the bore. The plans should be drawn to scale, preferably using a survey or cadastral map. Identify portion/lot/DP, parish, and county as required in the form. Attach the plans to the application.

Step 4: Complete the application form thoroughly. Form 1 requires details: applicant names, addresses, location of work, nature (proposed/existing/alteration), type of work (bore, well, excavation, spearpoints, artesian, test bore), ultimate purpose (stock, domestic, farming, irrigation, town water, etc.), estimated annual usage in megalitres. If the purpose is town water, list all existing bores and wells in a separate sheet. If irrigation, complete Section 2 with property details, crops, and other irrigation sources. Tick whether the property is leased. Sign and date.

Step 5: Calculate and pay the fee. Determine whether the bore is artesian or not. If artesian, fee is $48. If non-artesian: check if the water is proposed for irrigation, industrial, recreational purposes, or town water supply with at least 60 ML per annum. If yes, fee is $151. For town water supply only, if you have multiple non-artesian bores totalling at least 60 ML p.a., you can pay a single $151 fee for all those bores (clause 7(2)). For other non-artesian uses (e.g., stock and domestic only), there is no fee prescribed in clause 7? Actually clause 7(b) covers only bores used for irrigation, industrial, recreational, or town water supply meeting the 60 ML threshold. If the bore is used for stock and domestic only (not listed), what fee applies? The clause is silent; presumably the fee for such a bore would be $48? That appears inconsistent: the clause only specifies two categories: artesian ($48) and non-artesian for listed purposes ($151). For non-artesian bores used only for stock and domestic, the regulation does not specify a fee. This may be an oversight. The safe approach is to contact the corporation or assume $151 is the general fee. The form itself includes a blank for the fee amount, suggesting the corporation will determine the correct amount.

Step 6: Submit the application. Send the completed Form 1, plans, and fee to the Water Administration Ministerial Corporation. The fee must be paid within five weeks of being notified of the amount (clause 9). If you send a cheque with the application, the notification may not be needed, but the regulation does not allow for advance payment; the corporation must notify. In practice, you can pay with the application; the corporation will process and notify any shortfall.

Step 7: Receive the licence. The corporation will issue the licence in Form 2. Check that the details (bore location, purposes, volume, period, conditions) are correct. The licence will specify the annual volume of water that may be taken (in megalitres) and any conditions on a separate sheet.

Step 8: Pay water charges as incurred. Under clause 10(1), the maximum charge is $1.62/ML for town water supply, $4.85/ML for other uses. The corporation will send a notice requiring payment, payable within one month of service. Service can be by delivery, leaving at premises, post, or leaving with a person over 14. Keep records of when you receive notices. Pay within the month to avoid interest.

Step 9: If you are a prescribed public authority. If your entity falls within clause 8, apply for the nominal licence fee under section 116A of the Act. The regulation does not specify how to claim this; likely you need to indicate on the application that you are a prescribed authority and reference the clause. The corporation will apply the nominal fee. You are still liable for water charges at the standard rates unless otherwise provided.

Step 10: Renewal on time. Apply for renewal before the licence expires, using the approved form. Pay the renewal fee (same as initial) within five weeks of notification. If you are late, the licence may lapse, requiring a new application.

Step 11: Keep all records. Maintain copies of the licence, plans, fee receipts, charge notices, and payment records. These may be needed for audits or if the corporation disputes payment. The regulation does not prescribe record-keeping but the Act may require meters and extraction records.

Step 12: Monitor for amendments. The regulation has been amended multiple times, mostly to the list of prescribed public authorities. Fees and charges have not changed, but this could change in future. Check the current version on the NSW Legislation website before taking action. Also monitor changes to the Civil Procedure Act interest rate, which affects the cost of late payment.