The Regulation organises licensing around a small set of core concepts: licence classes tied to activities, licence-method restrictions, prescribed forms and fees, term of a licence, and transitional continuity from the earlier regulation. These concepts are defined and implemented through short, discrete provisions.

Licence classes: Clause 4(1) prescribes six classes. Each class is activity‑based and defined by the type of bore construction work permitted. The definitions are operational rather than conceptual; for example, a class 2 licence is defined by the size limit of casing (up to 152 mm nominal bore casing) and by the purpose (sub-artesian stock and domestic supply bores) (cl 4(1)(b)). Class distinctions hinge on construction techniques (e.g. screened and developed bores, gravel filter envelope techniques), the hydrogeological target (Great Artesian Basin sandstone aquifers) and whether bores are flowing (cl 4(1)(c)-(f)).

Method restrictions: Clause 4(2) lists specific drilling methods that a licence may restrict its holder to use. The list is non‑exhaustive: “such other method as is specified in the licence” allows the licence itself to identify additional methods beyond the enumerated ones. The form of the licence in Schedule 1 (Form 2) includes a space to record “This licence is limited to the following drilling methods”, giving the issuing authority the mechanical power to limit individual licences to chosen methods.

Prescribed forms and information: The Regulation prescribes the application form (Form 1) and the licence form (Form 2) (cl 5(1)(a); cl 6). Form 1 requires the applicant’s identity, birth date, occupation and a detailed work history: experience as a licensed driller and as employee of a licensed driller, numbers and types of bores constructed or worked on, depths and locations of deepest bores, make and capacity of plant currently operated, prior plant descriptions, and referees/testimonials (Schedule 1, Form 1). The required information is granular and oriented to establishing technical competence and a track record, although the Regulation itself does not set out how those particulars are to be assessed.

Fee and refund: Clause 5 prescribes a fixed application fee of $44 and specifies that the Water Administration Ministerial Corporation must refund the fee if the application does not result in the issue of a licence (cl 5(1)(b); cl 5(2)). The refund requirement is mechanical and does not in the Regulation identify circumstances such as withdrawal, incompleteness or refusal on merits beyond the plain wording.

Term and form of licence: Form 2 in the Schedule states the licence is issued for a period of three years from the date of the licence and provides for recording class and method limitations (Schedule 1, Form 2). The licence form is the prescribed template for a driller’s licence (cl 6).

Transitional continuity and repeal: Clause 7(1) repeals the 1990 Regulation; clause 7(2) saves ongoing effects by treating anything with effect under the old regulation as taken to have effect under this Regulation. This is a mechanical continuity device to prevent a regulatory or licensing gap on repeal.

Cross-reference to the Water Act 1912: Clause 3(1) defines “the Act” as the Water Act 1912. Multiple provisions reference section 118A of the Act (Forms and cl 4), making the Regulation an instrument implementing the licensing power given by that section of the primary statute.

Collectively, these concepts create a compact administrative framework: activity-based classes, method restrictions recorded on a prescribed licence form, evidence of technical experience set out in a prescribed application form, a modest fee with a refund provision and a fixed licence term of three years. The Regulation does not itself set assessment criteria, renewal procedures, penalties or detailed enforcement processes; those must be located in the Act or other instruments.

The Regulation affects a defined set of participants in the water‑bore drilling sector and the licensing authority.

Primary affected persons

• Applicants for driller’s licences: Any individual who seeks to perform drilling activities described in the classes must apply using the prescribed Form 1 and pay the prescribed fee (cl 5(1); Schedule 1, Form 1). The application obliges applicants to provide detailed personal, experience and plant information (Schedule 1, Form 1 items 1-14). The Regulation thus imposes an administrative burden on applicants to assemble historical project counts, depths, plant specifications and referees.

• Licensed drillers and prospective employees: The Regulation shapes the permissible scope of work for license holders by defining classes and permitted methods (cl 4(1); cl 4(2)). Existing licensed drillers will find their authorised activities mapped into one of the six classes. Prospective employees of licensed drillers are affected indirectly because the form asks for years of experience “as an employee of a licensed driller” (Schedule 1, Form 1, item 5(b)), indicating that such employment history is material to applications.

• Operators undertaking specific bore types: Businesses or individuals who require particular bore work will be affected by the class structure. For example, clients seeking gravel filter envelope completion techniques will require a driller with class 4 or 6; clients needing work in the Great Artesian Basin’s sandstone aquifers or flowing-bore construction will need a class 5 or 6 driller (cl 4(1)(c)-(f)). This segmentation affects procurement choices in the market for drilling services.

Authority and administrative actors

• The Water Administration Ministerial Corporation: The forms are addressed to “The Water Administration Ministerial Corporation” (Schedule 1, Form 1), the licence is to be signed “for and on behalf of the Water Administration Ministerial Corporation” (Schedule 1, Form 2), and the Ministerial Corporation is the actor required to refund the application fee if no licence is issued (cl 5(2)). Therefore the Ministerial Corporation is the issuing and administrative entity under this Regulation.

Affected regulatory interfaces

• Users of bores and water managers: Although not directly regulated as applicants, owners and managers of properties or water infrastructure that commission drilling services are affected because the Regulation determines who is authorised to construct certain bore types. The classification of activities (e.g. monitoring bores, sub-artesian supply, flowing bores, GAB sandstone penetrations) allocates who may lawfully undertake those tasks insofar as licensing is a precondition under the Act.

Not affected, within the Regulation’s text

• Penalties and enforcement actors: The Regulation does not itself create penalty mechanisms or disciplinary processes; those functions remain matters of the principal Act or other instruments (cl 3(1) confirms “the Act” as the Water Act 1912). Therefore enforcement officers and sanctioning procedures are not defined here.

• Renewal, suspension or cancellation processes: The Regulation prescribes a three‑year licence term in the Form but does not set out renewal, suspension, revocation or other lifecycle mechanisms. Applicants and holders must look to the Act or other instruments for those procedures.

Who pays and who decides

• Applicants pay a $44 application fee (cl 5(1)(b)). If no licence results, the Ministerial Corporation must refund the fee (cl 5(2)). The Ministerial Corporation decides on the issue of the licence, signs the licence form and may specify method restrictions (Schedule 1, Form 2; cl 4(2) and cl 6).

Geographical scope

• The Regulation is framed for New South Wales, and specific class definitions refer to “elsewhere in New South Wales” and the Great Artesian Basin sandstone aquifers (cl 4(1)(e)). The Regulation therefore governs drilling within the NSW jurisdiction, as adopted under the Water Act 1912.

In short, the Regulation primarily affects individuals who apply to perform drilling work, licensed drillers and their employers/clients, and it vests administrative authority in the Water Administration Ministerial Corporation. The detailed application requirements generate documentation and evidentiary burdens for applicants; the class distinctions constrain which drillers may perform which kinds of bores.

The Regulation creates a narrow set of administrative duties and entitles applicants and licence holders to particular things; it does not establish broad rights or obligations beyond the narrow licensing regime.

Key duties imposed by the Regulation

• Use the prescribed application form: Applicants must use Form 1 for applications under section 118A of the Water Act 1912 (cl 5(1)(a); Schedule 1, Form 1). The form itself specifies a series of items that the applicant must furnish, including personal details, class of licence sought, types of drilling methods intended to be used, experience, counts of various bore types constructed or worked on, plant details, names and addresses of past employers and referees, and any other relevant information (Schedule 1, Form 1 items 1-14). Mechanically, the duty to supply that information attaches to the requirement to apply on the prescribed form.

• Pay the prescribed fee with the application: The prescribed fee of $44 must accompany the application (cl 5(1)(b)). The Regulation requires payment upfront for processing. The Regulation also requires the Ministerial Corporation to refund the fee if the application does not result in issue of a licence (cl 5(2)). The duty is therefore qualified by an administrative refund obligation.

• Accept method restrictions and class limitations recorded on the licence: A licence may be limited to certain classes and to particular drilling methods (cl 4(2); Schedule 1, Form 2). If the issued licence records method limitations, the licence holder is duty‑bound to operate within those recorded limits; the Regulation prescribes the form in which such limitations appear (Form 2).

Key entitlements created or reflected

• Entitlement to be licensed in one of six classes: The Regulation prescribes six classes of licence that may be issued under the Act (cl 4(1)). Applicants have the entitlement to seek a licence in one of these defined classes, each of which confers permission to carry out specified drilling activities (cl 4(1)(a)-(f)). The Regulation does not itself guarantee issuance; it only prescribes the categories available.

• Prescribed licence format and term: The licence shall be issued on Form 2 (cl 6), which specifies a term of three years from the date of the licence (Schedule 1, Form 2). The licence holder, once issued, holds a licence in the form and for the term prescribed. This creates an administrative entitlement to a standardised record of the licence and its limitations.

• Fee refund if no licence results: Applicants are entitled to a refund of the prescribed fee when an application does not result in the issue of a licence (cl 5(2)). The Regulation provides this mechanical protection for applicants whose applications are not granted.

Discretion left to the licensing authority

• The Regulation does not set assessment criteria: While Form 1 requires detailed evidence of experience and past work, the Regulation does not itself specify thresholds, pass marks or the grounds for refusing an application. The Ministerial Corporation retains discretion to accept, refuse or to impose method limitations in a licence; the Regulation prescribes the forms and lists that permit those administrative choices but does not constrain them with substantive criteria.

• Specification of “other” drilling methods: Clause 4(2)(f) allows “such other method as is specified in the licence”. That creates a duty on the licensing authority to specify a method where the list is to be expanded, and it gives the authority discretion to do so in individual licences.

Rights not included in this Regulation

• Renewal and dispute rights: The Regulation does not provide a statutory renewal mechanism, appeal route for refusals, or disciplinary procedure. These are left to the Act or other instruments. Therefore applicants and licensees do not obtain any explicit procedural rights under this Regulation beyond the prescribed forms, fee rules and the recordation of a three‑year licence term.

Procedural duties and record‑keeping

• Form 1 invites attachments such as testimonials or references and detailed prior work counts; applicants must procure and supply supporting documents if they want to satisfy the factual requirements of the form. The Regulation thereby creates a practical duty on applicants to maintain employment and project records if they intend to apply.

Overall, the Regulation’s duties are administrative and documentary: use the prescribed forms, pay the stated fee, provide the required particulars, and comply with any class or method limitations recorded on the resulting licence. Substantive enforcement, criteria for grant, renewal and penalties are not specified here and are matters for the primary Act or other instruments.

The Regulation itself contains no provisions creating offences, specifying penalties, or setting out enforcement and sanctioning mechanisms. Its content is confined to definitions, class and method prescriptions, prescribed forms, a small fee rule, the form of licence, commencement and repeal. Specific observations from the text are as follows.

• No penal provisions in the Regulation: A complete reading of the Regulation shows there are no sections that create criminal or civil penalty offences, nor are there administrative penalty schedules included. Clauses 4-7 and the Schedule focus on classes, methods, forms and transitional repeal; they do not set fines, suspension powers, enforcement roles or procedures.

• Enforcement reference point is the Act: Clause 3(1) defines “the Act” as the Water Act 1912. The Regulation’s repeated cross-references to section 118A of the Act (see cl 4 heading invoking s 118A(1)(b), and Forms referencing section 118A) indicate the substantive enforcement powers, offences and penalties,if any,are governed by the Act rather than by this subordinate instrument. The Regulation is therefore an implementing instrument, not the source of enforcement authority.

• Administrative process responsibilities assigned to the Water Administration Ministerial Corporation: The Ministerial Corporation is the addressee of applications (Schedule 1, Form 1), the authorising signature block on licences (Schedule 1, Form 2) and is required to refund the fee where an application does not result in issue of a licence (cl 5(2)). These are administrative obligations the Ministerial Corporation must perform; failure to perform them would create administrative law or contract issues but the Regulation does not prescribe penalties for failure.

• Practical enforcement implications for licence holders: Although the Regulation does not itself set penalties, the licence form records class and method limitations and a three-year term (Schedule 1, Form 2). Operating outside a licence’s recorded class or method or after expiry will likely implicate statutory offences under the Water Act 1912 or other statutory provisions, but that consequence is not set out in this Regulation and must be checked against the Act.

• No internal monitoring or inspection regime specified: The Regulation does not prescribe monitoring, inspection or reporting obligations for licensees (beyond the application information in Form 1). Consequently the mechanics of supervision, audit or compliance checks will depend on the Water Administration Ministerial Corporation’s operational arrangements and provisions contained in the Act.

• Fee refund as an enforceable administrative duty: Clause 5(2) contains a positive obligation on the Ministerial Corporation to refund the fee if an application does not result in the issue of a licence. That clause imposes a duty; the Regulation does not specify a time frame for the refund or remedies for non‑payment, leaving remedy architecture to administrative practice or the Act.

For practitioners advising clients, the immediate point is that this Regulation sets out the licence architecture and administrative mechanics; any answer on sanctions for non-compliance, enforcement powers against unlawfully drilling, or procedures for suspension and cancellation requires reference to the Water Act 1912 and any other applicable instruments. The Regulation itself should be read as defining categories, forms and fees rather than enforcement measures.

This Regulation is an instrument subordinate to the Water Act 1912 and functions as a prescription under section 118A of that Act. The Regulation’s own text makes this relationship explicit and narrowly circumscribes the interaction to matters of form, class definitions, method limitations, fee and transition. Key interaction points derived from the Regulation are as follows.

• Implementing section 118A of the Water Act 1912: The Regulation repeatedly refers to section 118A (see cl 4 heading “For the purposes of section 118A(1)(b) of the Act” and Schedule 1 Forms heading “Section 118A, Water Act 1912”). Clause 3(1) defines “the Act” as the Water Act 1912, so the Regulation operates as a subordinate instrument implementing the licensing power and procedural framework authorised by that section of the primary statute. Any substantive licensing thresholds, grounds for refusal, enforcement, appeals or disciplinary powers must be located in the Act or in other regulations made under it.

• Prescribed forms as instruments of statutory compliance: The Regulation prescribes Form 1 and Form 2 for application and licence respectively (cl 5(1)(a); cl 6). Where the Act requires an application or a licence under s118A, those requirements are satisfied by complying with the forms prescribed in this Regulation. Practically, the forms are the procedural interface between the Act’s substantive power and the administrative steps required to exercise or receive that power.

• Interaction with the repealed 1990 Regulation: Clause 7 repeals the earlier Water (Part 5) Drillers’ Licences Regulation 1990 and saves existing acts, matters or things so they continue to have effect under the 1995 Regulation (cl 7(1)-(2)). This is a continuity provision ensuring that licences or acts lawful under the old regulation are not invalidated by repeal. The transition clause therefore affects any rights, licences or administrative acts originating under the prior instrument by carrying them forward under the new one.

• Relationship to environmental, health and safety or local government law: The Regulation confines itself to licensing for drilling activity. It does not address environmental approvals, contamination controls, occupational health and safety or local government approvals for drilling works. Those regulatory domains are therefore external to this instrument and any obligations arising from them would need to be complied with in addition to obtaining the driller’s licence prescribed by the Regulation. The Regulation does not displace or subsume obligations under other regimes.

• Compatibility with property and water rights regimes: The Regulation does not itself deal with water entitlements, access licences or property rights in groundwater; those substantive rights remain functions of the Act and related water management instruments. The Regulation specifies who may physically construct bores and by what methods, but it does not grant water use rights.

• Administrative law and procedural fairness: The Regulation prescribes the forms and a fee refund rule but does not set procedural rules for decision-making. Where the Act confers a discretion to grant or refuse licences, procedural fairness obligations under administrative law will apply; however those principles are not defined in this Regulation. Practitioners must therefore read the Act for the decision‑making architecture and the Regulation for the prescribed format and content of applications and licences.

• Statutory interpretation and scope of the classes: The operational definitions of classes make reference to technical terms such as “sub-artesian”, “screened and developed bores”, “gravel filter envelope completion techniques”, “flowing bores” and the Great Artesian Basin sandstone aquifers (cl 4(1)). The meaning and limits of those terms may be defined or elucidated by the Act, technical guidance, or other instruments; the Regulation does not provide glosses or technical definitions for them.

In sum, the Regulation is a narrowly focused subordinate instrument that prescribes forms, fees, classes and methods under the Water Act 1912. It relies on the Act for substantive licensing powers, enforcement and rights, and it leaves interaction with environmental, water‑rights and safety regulation to other laws. Compliance therefore requires coordinated attention to both this Regulation and the primary statute and any other statutory or regulatory requirements applicable to drilling operations.

The Regulation itself records limited historical steps in its provisions; those steps are the repeal of the prior regulation and the commencement date. The text provides the following amendment history items.

• Commencement: Clause 2 records the commencement date of this Regulation as 1 September 1995. That establishes the effective date from which the classes, forms, fees and other provisions operate.

• Repeal of predecessor regulation: Clause 7(1) expressly repeals the Water (Part 5) Drillers’ Licences Regulation 1990. This is the sole repeal action recorded in the Regulation.

• Transitional saving: Clause 7(2) provides that any act, matter or thing that, immediately before the repeal of the 1990 Regulation, had effect under that Regulation is taken to have effect under the 1995 Regulation. This is a standard continuity provision designed to preserve existing licences, approvals or other statutory effects so they do not lapse as a consequence of repeal.

• No other amendments recorded in the instrument: The text of the Regulation as supplied contains no subsequent amending clauses, schedules of amendment, or revocations beyond the single repeal in cl 7(1). The Schedule and clauses provide the operative detail but the Regulation does not include a clause altering the definitions, classes or forms after commencement.

Practical consequences of the recorded history

• Where an existing licence or act originated under the 1990 Regulation, it continues to have effect after the repeal and is treated as valid under the 1995 Regulation per cl 7(2). That saves licensees and the administration from having to re-issue or re-apply licences solely because of the regulatory change.

• The three-year term recorded in the Form 2 licence (Schedule 1, Form 2) must be interpreted in light of the commencement date for any licences issued at or after commencement; licences already in force under the old regulation would have been continued under the new regime by cl 7(2).

• The Regulation itself does not record any later amendments, fee upratings, or class restructurings, nor does it include machinery for periodic review. Where changes to classes, fees or forms are required, they would require a fresh subordinate instrument or an amending regulation made under the enabling powers of the Act.

For legal work, the limited amendment history in the text means that the 1995 Regulation is self‑contained as provided: it began on 1 September 1995 and replaced the 1990 instrument, carrying forward existing effects. Any subsequent changes to fees, class definitions or form content would not be visible in the text supplied and would have to be located in later amending regulations or instruments outside the supplied text.

The Regulation text supplied does not contain any references to litigation, case citations or judicial interpretations. It is a short administrative instrument consisting of definitions, class specifications, prescribed forms, a fee rule and a repeal/transitional clause. Specific points to note from the source regarding litigation history are:

• No cases or judicial decisions are cited in the Regulation itself: The instrument does not mention any court decisions, administrative review outcomes, or precedential determinations interpreting its provisions.

• No regulatory appeals or dispute processes are prescribed in this Regulation: The absence of appeal or review mechanisms in the Regulation means that any legal challenges to licensing decisions under section 118A would be governed by the Act and general principles of administrative law. Any litigation concerning grant, refusal, limitation, suspension or cancellation of licences under the Act would need to be located in case law interpreting the Water Act 1912 and the administrative practice of the Water Administration Ministerial Corporation.

• Transitional continuity reduces potential litigation over validity: Clause 7(2) is a saving provision for acts or licences that had effect under the repealed 1990 Regulation. That clause aims to avoid legal disputes about the validity or continuity of licences because it expressly takes prior acts to have effect under the new Regulation.

• Points likely to generate disputes (based on regulatory design): While no litigation is recorded in the text, the design features that sometimes generate disputes in licensing regimes are present: the Regulation prescribes a form requiring extensive evidence of experience, yet does not state assessment criteria; the authority retains substantive discretion to grant, refuse or limit licences without express thresholds here; and the licence form records a three‑year term but the Regulation does not establish renewal mechanics. Those gaps are matters that commonly lead to administrative review or court challenges under the enabling Act, but any such litigation is not captured in the Regulation itself.

If a practitioner requires litigation history affecting the operation of these provisions in practice, the next step is to consult reported decisions or tribunal determinations under the Water Act 1912 and any later case law discussing s 118A or administrative decisions of the Water Administration Ministerial Corporation. The Regulation itself, however, contains no litigation history or cases.

The Regulation is short and focused, but there are several practical traps and points of ambiguity to be aware of because the instrument couples prescriptive forms and class definitions with significant silence on decision criteria, enforcement and licence lifecycle matters.

• The application requires detailed historical counts and technical data but the Regulation does not state the assessment criteria: Form 1 asks for numbers of specific types of bores constructed or worked on, depths and locations of deepest bores, and plant make/type/capacity (Schedule 1, Form 1 items 5-12). The Regulation does not specify how these particulars are weighed, whether minimum experience is required, or the evidentiary standard for acceptance. Applicants should not assume that meeting the form’s content guarantees issuance.

• Fee refund rule is unconditional but vague on timing and circumstance: Clause 5(2) requires the Ministerial Corporation to refund the fee if an application does not result in the issue of a licence, but it does not specify what procedural steps trigger the refund (withdrawal, refusal, inability to decide, incompleteness) or a time frame for payment. Administratively, applicants may face delay or uncertainty about refund timing.

• Licence term is fixed in the prescribed Form at three years, and the Regulation does not provide renewal mechanics: Form 2, the prescribed licence, states a period of three years from the date of the licence (Schedule 1, Form 2). The Regulation does not prescribe how to renew, when to reapply, or whether a shorter or longer term may be issued. Practitioners should not assume renewals will be automatic; they should check the Act for renewal provisions.

• Method restrictions can be bespoke: Clause 4(2)(f) allows “such other method as is specified in the licence.” The licence form has a free‑text area for methods. That permits the issuing body to draft very narrow method restrictions (e.g. limiting to a particular model of equipment), which can materially constrain operational flexibility but are contemplated by the Regulation.

• Class definitions use technical terms without gloss: Classes refer to “screened and developed bores”, “gravel filter envelope completion techniques”, “flowing and non-flowing bores”, and “Great Artesian Basin sandstone aquifers” (cl 4(1)). The Regulation contains no definitions for those technical terms. Parties must look to technical guidance, industry definitions or the Act for precise meaning. Misinterpretation of those terms may lead to undertaking work outside the authorised class.

• The 152 mm casing limit is precise: Class 2 is limited to sub-artesian stock and domestic supply bores up to 152 mm nominal bore casing (cl 4(1)(b)). Applicants and holders must take the nominal bore casing size literally; exceeding that size would change the class of activities and require a different licence class.

• The Regulation does not address who may sign as an applicant for corporate entities: Form 1 is in the name of an individual (“I, … of …”), and Form 2 records the licencee as a person with name and address. The instrument does not articulate corporate applicant processes or the liability framework for corporations versus individuals; therefore corporate applicants should check administrative practice or the Act for applicability.

• Repeal saving may hide subtle differences: Clause 7(2) takes prior acts under the 1990 Regulation to have effect under this Regulation. Where practice or informal administrative expectations differ between the old and new regulatory texts, licence-holders may find gaps or inconsistencies carried forward by the transitional saving without express modernised terms.

• No explicit disciplinary, suspension or appeal routes: The Regulation is silent on how licences can be suspended or cancelled and does not establish appeal pathways. Affected parties must look to the Water Act 1912 or other instruments to determine remedies for adverse administrative decisions or compliance actions.

• The Regulation is narrow in scope: It governs only the administrative aspects of driller licensing (classes, forms, methods, fee, licence form and repeal). It does not alter or address environmental approvals, land access, heritage constraints, water entitlements, occupational safety requirements or local government approvals that may be applicable to the physical act of drilling. Practitioners should ensure clients do not treat a driller’s licence as a comprehensive regulatory clearance for drilling works.

Each of these points is grounded in the Regulation’s text: the detailed information requested by Form 1 (Schedule 1), the method and class language and the licence format (cl 4; cl 6; Schedule 1, Form 2), the fee and refund rule (cl 5), and the repeal/continuity clause (cl 7). The central practical caution is to treat this Regulation as a procedural shell that prescribes form and class boundaries while leaving most substantive and enforcement matters to the empowering statute and other regulatory domains.

To satisfy the requirements of this Regulation and to practical effect apply for and hold a driller’s licence, follow these steps drawn directly from the Regulation and its prescribed forms. This is a compliance check‑list that maps the Regulation’s required mechanics.

1. Confirm the licensing authority and governing statute

   • Recognise that the Regulation operates under the Water Act 1912 (cl 3(1)) and that applications are addressed to the Water Administration Ministerial Corporation (Schedule 1, Form 1). Check the Act for substantive eligibility criteria, enforcement, renewal or appeal mechanisms that are not contained in the Regulation.

2. Choose the correct licence class

   • Select the relevant class from the six prescribed in clause 4(1): class 1 through class 6. Match the work you or your client intends to perform to the class definition in cl 4(1)(a)-(f). For example, if the work involves gravel filter envelope completion techniques, identify whether class 4 or class 6 is required (cl 4(1)(d),(f)). If work involves penetrating Great Artesian Basin sandstone aquifers or constructing flowing bores elsewhere in NSW, class 5 or 6 is necessary (cl 4(1)(e),(f)).

3. Determine the drilling methods to be authorised

   • Identify the drilling methods you intend to use and ensure they align with the methods listed in cl 4(2) (auger, jetting, cable tool, rotary air, rotary hydraulic) or be prepared to have “other” methods specified in the licence (cl 4(2)(f)). The licence form provides space to record method limitations (Schedule 1, Form 2).

4. Complete the prescribed application form (Form 1)

   • Use the Form 1 in Schedule 1 as the application; it is the prescribed form for applications under s118A (cl 5(1)(a); Schedule 1, Form 1). Provide all the particulars requested: full name, address, occupation, date of birth, class applied for, drilling methods to be used, length of experience (as licensed driller and as employee), counts of different bore types constructed or worked on (sub‑artesian stock bores, screened/developed irrigation/industrial/town water supply bores, artesian bores), number of pressure-cemented bores, deepest bore depths and locations, make/type/capacity of plant currently operated, previous plant descriptions, names/addresses of drillers or contractors for whom you have worked, and other relevant information (Schedule 1, Form 1 items 1-14). Attach testimonials or references where useful as the form expressly invites them (note under item 13).

5. Pay the prescribed fee and ensure evidence of payment

   • Include the prescribed fee of $44 with the application (cl 5(1)(b)). Keep evidence of payment because clause 5(2) entitles the applicant to a refund if the application does not result in the issue of a licence; evidence will be necessary to claim the refund.

6. Submit the application to the Water Administration Ministerial Corporation

   • Address the application to the Water Administration Ministerial Corporation as shown in Form 1.

7. Anticipate the form and content of the licence

   • If issued, the driller’s licence will be on Form 2 (cl 6; Schedule 1, Form 2). The licence form will indicate the class, specify the drilling methods permitted or any limitations and state a licence period of three years from the date of the licence (Schedule 1, Form 2). Plan operations around a three‑year licence term and arrange to reapply in good time unless other renewal mechanisms are found in the Act.

8. Maintain records to support future applications or renewals

   • Maintain accurate records of the number and type of bores constructed or worked on, depths and locations, plant make/type/capacity, and referees. Form 1 requires granular past work information; keeping contemporaneous records will speed future applications or renewals.

9. Ensure compliance with external regulatory regimes

   • Obtain any environmental approvals, landowner permissions, safety and health approvals, and water access entitlements that are distinct from the driller’s licence. This Regulation does not address those other regimes.

10. If application fails, claim the refund as provided

• If an application does not result in the issue of a licence, the Ministerial Corporation must refund the fee (cl 5(2)). Follow the administrative practice of the Ministerial Corporation to claim the refund; retain the application and payment evidence.

11. Verify any specific method limitations recorded on the licence

• Once a licence is issued, carefully review any method limitations recorded on the Form 2 licence. Operating outside recorded class or method limitations would risk contravening the licensing regime and statutory obligations under the Act.

12. Check transitional continuity where relevant

• If the applicant or licence-holder had rights or existing licences under the repealed 1990 Regulation, those acts are preserved under clause 7(2). Verify whether an existing licence was carried forward and whether any re-issue or administrative update is necessary.

13. Consult the Water Act 1912 for outstanding procedural and substantive matters

• Because the Regulation does not specify renewal, suspension, appeal or penalty processes, consult the Water Act 1912 for these items to ensure full compliance across the licensing lifecycle.

By following these steps, an applicant or licence-holder will satisfy the procedural obligations created by the Regulation as set out in the text (cl 4-7; Schedule 1, Forms 1 and 2). Practically, compliance requires attention to the detailed evidentiary requirements of Form 1, evidence of fee payment and readiness to accept licence conditions including method restrictions recorded on Form 2. For questions about decision criteria, enforcement, renewals or penalties, consult the Water Act 1912 and administrative practice of the Water Administration Ministerial Corporation.