WATER REGULATIONS 1992 (Northern Territory)

The Water Regulations 1992 (as in force at 13 September 2025) set out procedural, evidentiary, administrative and penalty‑setting rules that operate under the Water Act 1992. Mechanically the Regulations do the following.

Prescribe how and where applications under the Act must be lodged and what constitutes a lodged application, by requiring applications to be lodged with the Agency and providing that an application is taken to be lodged when sufficient information to enable a proper decision is given (reg 3(1), (4)). A public sector employee of the Agency may return an application that lacks sufficient information (reg 3(5)), and the Controller or Minister approves the forms to be used for most applications (reg 3(2)-(2A)).
Specify the required form, notice and publication procedures for a range of permits and licences: water investigation permits (reg 5), permits to interfere with waterways (reg 6), bore work permits (reg 7), surface and groundwater extraction licences (rr 8-9), waste discharge licences (r 9A), drilling licences (r 10) and other licences created or referenced by the Act.
Prescribe detailed technical information and sample requirements for drilling licence holders under section 53 of the Act, including the types of information about bores and work to be provided and the size, preservation and labelling of strata and water samples (reg 11(2)-(4)).
Create a Drillers' Qualifications Advisory Committee with defined functions, composition, quorum rules and meeting procedures to advise the Controller on drilling licence matters (rr 12-13A) and prescribe that qualifications for drilling licences are a pass in examinations set or nominated by that Committee or equivalent qualifications or experience (reg 14).

NORTHERN TERRITORY OF AUSTRALIA WATER REGULATIONS 1992 As in force at 13 September 2025 Table of provisions Part 1 Preliminary 1 Citation ............................................................................................ 1 2 Commencement .............................................................................. 1 2A Definitions ........................................................................................ 1 3 Applications and forms .................................................................... 1 Part 3 Permits and licences Division 1 Permits and licences except drilling licences 5 Water investigation permit ............................................................... 2 6 Permit to interfere with waterway..................................................... 3 7 Bore work permit ............................................................................. 4 8 Surface water extraction licence ...................................................... 4 9 Groundwater extraction licence ....................................................... 4 9AA Fee for groundwater extraction licence for petroleum activity that includes hydraulic fracturing ..................................................... 4 9A Waste discharge licence .................................................................. 5 Division 2 Drilling Licences and Qualifications 10 Drilling licence ................................................................................. 5 11 Section 53 – prescribed information and samples ........................... 5 12 Functions of Drillers' Qualifications Advisory Committee ................. 7 13 Membership ..................................................................................... 7 13A Meetings .......................................................................................... 7 14 Qualifications ................................................................................... 8 Division 2A Licence to take groundwater for exempt activity 14A Licence to take groundwater in former Darwin Rural Water Control District ................................................................................. 8 14AB Licence to take groundwater in Adelaide River area ....................... 9 14B Application requirements ................................................................. 9 14C Application procedure .................................................................... 10

Water Regulations 1992 ii Division 2B Licence to take water for mining or petroleum activity 14D Licence to take water for mining or petroleum activity ................... 11 Division 3 General 15 Renewal of permits and licences ................................................... 12 16 Permits or licences lost or destroyed ............................................. 12 17 Register of licences ....................................................................... 12 18 Joint interests ................................................................................ 13 Part 4 Infringement notice offences 19 Infringement notice offence and prescribed amount payable ........ 14 20 When infringement notice may be given ........................................ 14 21 Contents of infringement notice ..................................................... 14 22 Electronic payment and payment by cheque ................................. 15 23 Withdrawal of infringement notice.................................................. 16 24 Application of Part ......................................................................... 16 Part 5 Transitional matters for Water Legislation Miscellaneous Amendments Act 2019 25 Application of regulation 15 ........................................................... 16 Schedule Infringement notice offences, environmental offence levels and prescribed amounts ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 13 September 2025

WATER REGULATIONS 1992 Regulations under the Water Act 1992 Part 1 Preliminary 1 Citation These Regulations may be cited as the Water Regulations 1992. 2 Commencement These Regulations shall come into operation on the commencement of the Water Act 1992. 2A Definitions In these Regulations: approved form means a form approved by the Controller or Minister under regulation 3(2). former Darwin Rural Water Control District means the part of the Territory declared by the Minister under section 22 of the Act to be a water control district and allocated the name "Darwin Rural Water Control District" on 17 May 1999 and published in Gazette No. G21 of 2 June 1999. infringement notice, see regulation 20. infringement notice offence, see regulation 19(1). prescribed amount, see regulation 19(2). relevant land, in relation to an application made under the Act, means the land to which the application relates. 3 Applications and forms (1) A person who makes an application under the Act must lodge the application with the Agency.

Part 3 Permits and licences Division 1 Permits and licences except drilling licences Water Regulations 1992 2 (2) The Controller may approve the forms to be used under the Act, other than the form to be used for an application for a water investigation permit under section 36 of the Act. (2A) The Minister may approve the form to be used for an application for a water investigation permit under section 36 of the Act. (3) An application required to be in accordance with an approved form must include, or be accompanied by, all the information required by the form that is necessary for the person to whom the application is made to make a proper decision. (4) An application is taken to be lodged when sufficient information to enable a proper decision to be made under the Act is given to the Agency. (5) A public sector employee of the Agency may return, without further consideration, any application that does not include sufficient information to enable a proper decision to be made. Part 3 Permits and licences Division 1 Permits and licences except drilling licences 5 Water investigation permit (1) An application under section 36(1) of the Act for a permit to explore for water (a water investigation permit) must be in accordance with the approved form. (2) The Minister may publish notice of the application in any manner that makes it publicly available in the Territory. (3) The notice must include the following: (a) a description of the relevant land; (b) the person to whom enquiries about the application may be directed; (c) the way in which objections to the granting of the water investigation permit may be made; (d) any other information determined by the Minister. (4) The costs of publishing the notice must be met by the applicant for the water investigation permit.

Part 3 Permits and licences Division 1 Permits and licences except drilling licences Water Regulations 1992 3 (5) If a notice is published, the Minister must give a copy of the notice to the owners and occupiers of land in the vicinity of the relevant land that the Minister considers may be affected by the grant of the water investigation permit. (6) Subregulation (2) does not apply if the application is for the renewal of an existing water investigation permit and is made not later than 20 business days before the date on which the existing permit is due to expire. (7) A water investigation permit must be in the approved form. 6 Permit to interfere with waterway (1) An application under section 41(1) of the Act for a permit to interfere with a waterway must be in accordance with the approved form. (2) The Controller may publish notice of the application in any manner that makes it publicly available in the Territory. (3) The notice must include the following: (a) a description of the relevant land; (b) the person to whom enquiries about the application may be directed; (c) the way in which objections to the granting of the permit may be made; (d) any other information determined by the Controller. (4) The costs of publishing the notice must be met by the applicant for the permit. (5) If a notice is published, the Controller must give a copy of the notice to the owners and occupiers of land upstream or downstream of the relevant land that the Controller considers may be affected by the grant of the permit. (6) Subregulation (2) does not apply if the application is for the renewal of an existing permit and is made not later than 20 business days before the date on which the existing permit is due to expire. (7) A permit to interfere with a waterway must be in the approved form.

Part 3 Permits and licences Division 1 Permits and licences except drilling licences Water Regulations 1992 4 7 Bore work permit (1) An application under section 57(1) of the Act for a permit to carry out an operation referred to in section 56(1) of the Act (a bore work permit) must be in accordance with the approved form. (2) A bore work permit must be in the approved form. 8 Surface water extraction licence (1) An application under section 45(1) of the Act for a water extraction licence to take water (a surface water extraction licence) must be in accordance with the approved form. (2) A surface water extraction licence must be in the approved form. 9 Groundwater extraction licence (1) An application under section 60(1) of the Act for a water extraction licence to take water from a bore (a groundwater extraction licence) must be in accordance with the approved form. (2) A groundwater extraction licence must be in the approved form. 9AA Fee for groundwater extraction licence for petroleum activity that includes hydraulic fracturing (1) The holder of the licence must pay a fee for the grant or issue, under section 60(1) of the Act, of a water extraction licence to take water from a bore if the beneficial use under the licence is petroleum activity that includes hydraulic fracturing. (2) The fee is $3 000 (exclusive of GST) for each year, or part of a year, of the period of the licence. Example for subregulation (2) A water extraction licence granted for a period of 3 years has a fee of $9 000. (3) The fee is payable by the holder of the licence in annual instalments (equal to the amount of the annual fee) on: (a) the date the licence is granted or issued; and (b) each subsequent anniversary of the grant or issue of the licence. Example for subregulation (3) If the period is 3 years and the fee is $9 000, the annual instalment is $3 000.

Part 3 Permits and licences Division 2 Drilling Licences and Qualifications Water Regulations 1992 5 (4) If the licence is transferred under section 92 of the Act or amended or modified under section 93(1) of the Act and a new licence is issued to replace it, the holder of the new licence is to be credited any amount of the fee already paid under the previous licence in relation to any overlapping period of the new licence. Example for subregulation (4) A licence is granted for the period from 1 July 2023 to 30 June 2025. It is amended and a new licence is issued to replace it on 1 December 2024. The licence holder will be credited the amount already paid for the overlapping period from 1 December 2024 to 30 June 2025. 9A Waste discharge licence (1) An application under section 74(1) of the Act for a licence to carry out an action otherwise prohibited by section 73 of the Act (a waste discharge licence) must be in accordance with the approved form. (2) A waste discharge licence must be in the approved form. Division 2 Drilling Licences and Qualifications 10 Drilling licence (1) An application under section 49(1) of the Act for a drilling licence must be in accordance with the approved form. (2) The kinds of drilling licences the Controller may grant are as follows: (a) Drilling Licence Class 1; (b) Drilling Licence Class 2; (c) Drilling Licence Class 3. (3) A drilling licence must be in the approved form. 11 Section 53 – prescribed information and samples (1) This regulation prescribes the information and samples the Controller may require the holder of a drilling licence (the licensee) to provide under section 53 of the Act in connection with work carried out on a bore under the licence. (2) The prescribed information is any of the following: (a) information about the bore, including: (i) the name of the bore's owner; and

Part 3 Permits and licences Division 2 Drilling Licences and Qualifications Water Regulations 1992 6 (ii) the name of the bore; and (iii) a sketch and brief description of the bore's location; and (iv) the bore's final construction status (for example, whether the bore is capped, equipped, backfilled or abandoned); (b) information about the work carried out, including: (i) the dates on which the work started and ended; and (ii) the contractor and driller carrying out the work and whether it was carried out under the supervision of the licensee; and (iii) the nature of the work, including the method of drilling, the diameter of the hole drilled, and the casing and packing used; (c) information about the strata and water bearing beds found in the bore; (d) information necessary for the Controller to ensure the licensee has complied with the Act. (3) The prescribed samples are 1 or both of the following: (a) representative samples of strata, each of approximately 250 grams and including a sample of each change of strata observed in the bore: (i) taken from the bore at intervals not exceeding 3 metres; and (ii) secured in clean bags, preferably made of plastic, each at least 10cm x 15cm in size and 0.1mm thick; (b) a representative sample of at least 1 litre of water: (i) taken from each water cut encountered during bore drilling operations; and (ii) preserved in a clean bottle that is completely filled and tightly stoppered or sealed. (4) A bag or bottle in which a sample is kept must be clearly marked to identify the bore from which, and the depth at which, the sample was taken.

Part 3 Permits and licences Division 2 Drilling Licences and Qualifications Water Regulations 1992 7 (5) To avoid doubt, a requirement to provide information and samples may be in relation to one or more bores or all bores on which a licensee has carried out work under the licensee's drilling licence. 12 Functions of Drillers' Qualifications Advisory Committee The functions of the Drillers' Qualifications Advisory Committee are to advise the Controller: (a) in relation to the granting, renewal or variation of drilling licences; and (b) in relation to the operation of Part 6, Division 2 of the Act; and (c) on matters referred to it by the Controller. 13 Membership (1) The Drillers' Qualifications Advisory Committee consists of 8 members. (2) At least 4 members must be persons who, in the Minister's opinion, have skills, knowledge and experience in one or more of the following areas: (a) hydrogeology; (b) groundwater engineering; (c) planning and conduct of drilling operations. (3) At least 2 members must be persons who are: (a) representatives of users of drilling services; and (b) not employed in the public sector; and (c) in the Minister's opinion, not involved in the drilling industry. (4) Before appointing a person to be a member, the Minister must have regard to the range and level of skills, knowledge and experience required among the members of the Committee to enable it to perform its functions. 13A Meetings (1) The chairperson must convene a meeting of the Drillers' Qualifications Advisory Committee as directed by the Controller.

Part 3 Permits and licences Division 2A Licence to take groundwater for exempt activity Water Regulations 1992 8 (2) At a meeting of the Committee: (a) the chairperson and 3 other members constitute a quorum; and (b) questions arising must be determined by the majority vote of the members present and voting; and (c) subject to this regulation, the Committee must determine the procedure to be followed at or in connection with the meeting. (3) The Committee must keep records of its meetings. 14 Qualifications For the purposes of section 49(1)(b) of the Act, the prescribed qualifications are a pass in such examinations set or nominated by the Drillers' Qualifications Advisory Committee as the Committee thinks appropriate for the type of work proposed to be carried out under the Drilling Licence, or such other qualifications and/or experience as the Committee or the Controller considers to be equivalent to those qualifications. Division 2A Licence to take groundwater for exempt activity 14A Licence to take groundwater in former Darwin Rural Water Control District For section 71M(1)(b) of the Act, the following circumstances are prescribed: (a) the application for the licence to take water relates to land within the former Darwin Rural Water Control District; (b) during the 12 month period ending on 5 July 2016, water was routinely taken from a bore on the land for a commercial undertaking that was reliant on groundwater on the land; (c) from 6 July 2016 until the making of the application, water continued to be routinely taken from a bore on the land for the commercial undertaking; (d) the commercial undertaking is not a mining activity or petroleum activity; (e) the application is made before 1 August 2025.

Part 3 Permits and licences Division 2A Licence to take groundwater for exempt activity Water Regulations 1992 9 14AB Licence to take groundwater in Adelaide River area (1) For section 71M(1)(b) of the Act, the following circumstances are prescribed: (a) the application for the licence to take water relates to land within the Adelaide River area; (b) during the 12 month period ending on 30 June 2024, water was routinely taken from a bore on the land for a commercial undertaking that was reliant on groundwater on the land; (c) from 1 July 2024 until the making of the application, water continued to be routinely taken from a bore on the land for the commercial undertaking; (d) the commercial undertaking is not a mining activity or petroleum activity; (e) the application is made with 2 years of the commencement of this regulation. (2) In this regulation: Adelaide River area means the part of the Territory declared by the Minister under section 22 of the Act to be a water control district and allocated the name "Darwin Rural Adelaide River Water Control District" on 30 April 2024 and published in Gazette No. S61 of 28 June 2024 but not including the former Darwin Rural Water Control District. 14B Application requirements (1) For section 71M(2) of the Act, the following requirements are prescribed: (a) the application for the proposed licence sets out the circumstances prescribed by regulation 14A or 14AB(1) relied on by the applicant; (b) the application includes evidence of the circumstances prescribed by regulation 14A or 14AB(1); (c) the application includes the total maximum volume of water required under the proposed licence for each proposed year of the licence.

Part 3 Permits and licences Division 2A Licence to take groundwater for exempt activity Water Regulations 1992 10 (2) Without limiting subregulation (1)(b), the application may include any of the following as evidence of the circumstances prescribed by regulation 14A(b) and (c) or 14AB(1)(b) and (c): (a) for the circumstances prescribed by regulation 14A(b) and (c) – imagery of the land before and after 6 July 2016 that is spatially referenced or mapped with geographical coordinates showing activity on the land that is dependent on taking groundwater; (ab) for the circumstances prescribed by regulation 14AB(1)(b) and (c) – imagery of the land before and after 1 July 2024 that is spatially referenced or mapped with geographical coordinates showing activity on the land that is dependent on taking groundwater; (b) installation and operation of infrastructure to take groundwater of a volume sufficient to enable the circumstances prescribed by regulation 14A(b) and (c) or 14AB(1)(b) and (c); (c) water extraction records, including records of metered water extraction; (d) records of pumping rates and duration for taking groundwater. 14C Application procedure For section 71M(3) of the Act, the following procedure is prescribed: (a) if a public sector employee of the Agency returns the application under regulation 3(5) the public sector employee must provide reasons for that decision; (b) the Controller must give a notice of the decision with reasons on the application within 20 business days after the Controller makes the decision; (c) if the Controller grants the licence the Controller must include the reasons for the decision in a register kept under section 95 of the Act.

Part 3 Permits and licences Division 2B Licence to take water for mining or petroleum activity Water Regulations 1992 11 Division 2B Licence to take water for mining or petroleum activity 14D Licence to take water for mining or petroleum activity (1) For section 71R(2) of the Act, the following requirements are prescribed: (a) the application for the proposed licence sets out the circumstances mentioned in section 71R(1) of the Act relied on by the applicant; (b) the application includes evidence of the circumstances mentioned in section 71R(1) of the Act; (c) the application includes the total volume of water required under the proposed licence for each proposed year of the licence; (d) the application includes: (i) in the case of a mining activity – an environmental (mining) licence under the Environment Protection Act 2019; and (ii) in the case of a petroleum activity – the environment management plan approved under the Petroleum Act 1984. (2) Without limiting subregulation (1)(b), the application may include any of the following as evidence of the circumstances mentioned in section 71R(1)(a) and (b) of the Act: (a) water use or water extraction records, including records of metered water extraction; (b) a site water balance report for the site where the mining activity or petroleum activity is carried out; (c) records of pumping rates and duration for taking water. (3) For section 71R(3) of the Act, the following procedure is prescribed: (a) if a public sector employee of the Agency returns the application under regulation 3(5) the public sector employee must provide reasons for that decision; (b) the Controller must give notice of a decision (including reasons for the decision) on the application within 20 business days after the Controller makes the decision;

Part 3 Permits and licences Division 3 General Water Regulations 1992 12 (c) if the Controller grants the licence the Controller must include the reasons for the decision in a register kept under section 95 of the Act. Division 3 General 15 Renewal of permits and licences (1) An application for the renewal of a permit or licence must be made in the approved form. (2) The application must be lodged before the following: (a) in the case of a water extraction licence or a licence under Part 6B of the Act – the 120th business day before the day the licence expires; (b) in the case of a waste discharge licence – the 60th business day before the day the licence expires; (c) in the case of a permit – the 20th business day before the day the permit expires. 16 Permits or licences lost or destroyed If a permit or licence document has been lost or destroyed, the person responsible for issuing the permit or licence under the Act (the decision maker) may, on receipt of a statutory declaration as to the circumstances of the loss or destruction and of any other evidence the decision maker considers necessary, issue a duplicate permit or licence which has the word "duplicate" endorsed on it. 17 Register of licences For section 95(2)(b) of the Act, the register must contain the following information for each water extraction licence and licence under Part 6B of the Act: (a) the name and address of the holder of the licence; (b) the date on which the licence is due to expire; (c) the location of the property from which the water is currently taken; (d) the maximum quantity of water that may be taken annually; (e) the source of the water that may be taken.

Part 3 Permits and licences Division 3 General Water Regulations 1992 13 18 Joint interests (1) A joint application for an approval: (a) must be in accordance with the approved form for the application; and (b) must be made in the name of each joint applicant; and (c) must include the address of each joint applicant; and (d) must be signed by each joint applicant unless the applicants are using an agent in accordance with paragraph (e); and (e) may be made by an agent on the applicants' behalf if the agent has written authorisation to do so and lodges the authorisation with the application. (2) After considering the application, any objections to the application and the applicants' replies to those objections, the decision maker: (a) must determine whether or not to grant an approval to the applicants jointly and to which applicants to grant the approval; and (b) may include special conditions on the approval that the decision maker considers appropriate. (3) It is a condition of every joint approval that each joint holder is jointly and severally: (a) bound by the terms and conditions; and (b) liable for any fee or other amount payable; and (c) bound to comply with all notices and directions given or served under the Act unless the notice or direction relates to any thing, measure or work on the land of one or more but not all of the joint holders. (4) If, under section 93(1) of the Act, the decision maker, by notice, amends the terms and conditions of a joint approval, the decision maker may specify in the notice the manner in which the respective entitlements of each of the joint holders are amended by the notice. (5) If, under section 93(2) of the Act, the decision maker, by notice, revokes or suspends a joint approval, the decision maker may specify in the notice the manner in which the respective entitlements of each of the holders are revoked or suspended.

Part 4 Infringement notice offences Water Regulations 1992 14 (6) If an application, notice or other document is permitted or required to be served on the joint holders of an approval, service on one joint holder is taken to be service on every joint holder. (7) In this regulation: approval means a licence, permit or other authorisation granted under the Act. decision maker, for an approval, means the person who is responsible for making a decision about the grant, amendment or revocation of the approval under the Act. Part 4 Infringement notice offences 19 Infringement notice offence and prescribed amount payable (1) An infringement notice offence is an offence against a provision specified in the Schedule. (2) The prescribed amount for an infringement notice offence is as follows: (a) for an offence specified in the Schedule, Part 1 – the amount payable under section 8 of the Environmental Offences and Penalties Act 1996 for the specified environmental offence level of the offence; (b) for an offence specified in the Schedule, Part 2 – the monetary value of the number of penalty units specified for the offence. 20 When infringement notice may be given If an authorised officer believes on reasonable grounds that a person has committed an infringement notice offence, the officer may give a notice (an infringement notice) to the person. 21 Contents of infringement notice (1) The infringement notice must specify the following: (a) the name and address of the person, if known; (b) the date the infringement notice is given to the person; (c) the date, time and place of the infringement notice offence; (d) a description of the offence; (e) the prescribed amount payable for the offence;

Part 4 Infringement notice offences Water Regulations 1992 15 (f) the enforcement agency, as defined in the Fines and Penalties (Recovery) Act 2001, to which the prescribed amount is payable. (2) The infringement notice must include a statement to the effect of the following: (a) the person may expiate the infringement notice offence and avoid any further action in relation to the offence by paying the prescribed amount to the specified enforcement agency within 28 days after the notice is given; (b) the person may elect under section 21 of the Fines and Penalties (Recovery) Act 2001 to have the matter dealt with by a court instead of under that Act by completing a statement of election and giving it to the specified enforcement agency; (c) if the person does nothing in response to the notice, enforcement action may be taken under the Fines and Penalties (Recovery) Act 2001, including (but not limited to) action for the following: (i) suspending the person's licence to drive; (ii) seizing personal property of the person; (iii) deducting an amount from the person's wages or salary; (iv) registering a statutory charge on land owned by the person; (v) making a community work order for the person and imprisonment of the person if the person breaches the order. (3) Also, the infringement notice must include an appropriate form for making the statement of election mentioned in subregulation (2)(b). 22 Electronic payment and payment by cheque (1) If the person uses electronic means to pay the prescribed amount, payment is not effected until the amount is credited to the Fines Recovery Unit's bank account. (2) If the person tenders a cheque in payment of the prescribed amount, payment is not effected unless the cheque is cleared on first presentation.

Part 5 Transitional matters for Water Legislation Miscellaneous Amendments Act 2019 Water Regulations 1992 16 23 Withdrawal of infringement notice (1) The Controller may withdraw the infringement notice by written notice given to the person. (2) The notice must be given: (a) within 28 days after the infringement notice is given to the person; and (b) before payment of the prescribed amount. 24 Application of Part (1) This Part does not prejudice or affect the start or continuation of proceedings for an infringement notice offence for which an infringement notice has been given unless the offence is expiated. (2) Also, this Part does not: (a) require an infringement notice to be given; or (b) affect the liability of a person to be prosecuted in a court for an offence for which an infringement notice has not been given; or (c) prevent more than one infringement notice for the same offence being given to a person. (3) If more than one infringement notice for the same offence has been given to a person, the person may expiate the offence by paying the prescribed amount in accordance with any of the notices. Part 5 Transitional matters for Water Legislation Miscellaneous Amendments Act 2019 25 Application of regulation 15 (1) Regulation 15, as in force immediately before the commencement, continues to apply in relation to an application to renew a water extraction licence that is due to expire on a date that is earlier than 9 months after the commencement. (2) In this section: commencement means the day on which the Water Legislation Miscellaneous Amendments Act 2019 commences.

Schedule Infringement notice offences, environmental offence levels and prescribed amounts Water Regulations 1992 17 Schedule Infringement notice offences, environmental offence levels and prescribed amounts regulation 19 Part 1 Provision Environmental offence level Water Act 1992 section 16(2D) 3 section 16(2F) 4 section 76 3 Part 2 Provision Prescribed amount in penalty units for individual for body corporate Water Act 1992 section 25(1) 2 Not applicable sections 37(1), 40(1), 42(1), 44(1), 46(1) and 48(1) 5 10 section 50(1) 5 section 55(2) 2 5 sections 56(1), 58(1), 59(1), 61(1), 66(1) and 68(1) 5 10 section 71(1) 2 5 section 71L(1) 5 10 section 79(3) 2 5 section 81(1) 1 3 section 96(3) 2 5

ENDNOTES Water Regulations 1992 18 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Water Regulations (SL No. 28, 1992) Notified 30 June 1992 Commenced 1 July 1992 (r 2, s 2 Water Act 1992 (Act No. 19, 1992) and Gaz S35, 30 June 1992) Amendments of Water Regulations (SL No. 23, 1994) Notified 10 August 1994 Commenced 10 August 1994 Statute Law Revision Act 1999 (Act No. 27, 1999) Assent date 18 June 1999 Commenced 18 June 1999 Amendment of Water Regulations (SL No. 2, 2002) Notified 13 February 2002 Commenced 13 February 2002 Water Amendment Regulations (SL No. 31, 2008) Notified 26 November 2008 Commenced 26 November 2008 (r 2, s 2 Water Amendment Act 2007 (Act No. 33, 2007) and Gaz G47, 26 November 2008, p 6) Water Legislation Amendment Act 2018 (Act No. 29, 2018) Assent date 4 December 2018 Commenced 31 December 2018 (Gaz S107, 17 December 2018) Water Legislation Miscellaneous Amendment Act 2019 (Act No. 26, 2019) Assent date 2 September 2019 Commenced 25 September 2019 (Gaz G39, 25 September 2019, p 2) Statute Law Revision Act 2020 (Act No. 26, 2020) Assent date 19 November 2020 Commenced 20 November 2020 (s 2)

ENDNOTES Water Regulations 1992 19 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 (Act No. 19, 2021) Assent date 31 August 2021 Commenced pt 6: 2 October 2021; rem: 29 September 2021 (Gaz G39, 29 September 2021, p 1) Water Amendment Regulations 2022 (SL No. 25, 2022) Notified 20 December 2022 Commenced 1 January 2023 (r 2) Statute Law Revision Act 2023 (Act No. 4, 2023) Assent date 2 March 2023 Commenced 3 March 2023 (s 2) Water Legislation Amendment Act 2023 (Act No. 13, 2023) Assent date 31 May 2023 Commenced 1 August 2023 (Gaz G14, 6 July 2023, p 1) Environment Protection Legislation Amendment Act 2023 (Act No. 34, 2023) Assent date 6 December 2023 Commenced pt 1, pt 3, div 1, ss 207 and 219 and pt 5: 7 December 2023 (s 2(1)); pt 3, div 2: 1 March 2024 (s 2(2), s 2 Environment Protection Legislation Amendment (Chain of Responsibility) Act 2022 (Act No. 32, 2022) and (Gaz G4, 15 February 2024, p 1); pt 4: 1 July 2024 (Gaz G4, 15 February 2024, p 2); rem: 1 March 2024 (Gaz G4, 15 February 2024, p 2) Parks and Water Legislation Amendment Act 2024 (Act No. 13, 2024) Assent date 11 June 2024 Commenced pt 3: 2 July 2024 (s 2(2)); rem: 12 June 2024 (s 2(1)) Water Amendment Regulations 2024 (SL No. 22, 2024) Date made 30 July 2024 Commenced 31 July 2024 (r 2) Lands, Planning and Environment Legislation Amendment Act 2025 (Act No. 25, 2025) Assent date 12 September 2025 Commenced pt 6: nc; rem: 13 September 2025 (s 2(1)) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22 of 2018) to: rr 1 and 21 and sch. 4 LIST OF AMENDMENTS r 2A ins No. 31, 2008, r 4 amd Act No. 29, 2018, s 47; Act No. 13, 2024, s 75; No. 22, 2024, r 4 r 3 sub No. 31, 2008, r 5 amd Act No. 19, 2021, s 129; Act No. 13, 2024, s 76 pt 2 hdg rep Act No. 13, 2024, s 77 r 4 amd No. 31, 2008, r 11; Act No. 29, 2018, s 48; Act No. 26, 2020, s 3; Act No. 4, 2023, s 23 rep Act No. 13, 2024, s 77

ENDNOTES Water Regulations 1992 20 pt 3 div 1 hdg sub No. 31, 2008, r 6 r 5 sub No. 31, 2008, r 6 amd Act No. 19, 2021, s 130; Act No. 13, 2024, s 78 r 6 sub No. 31, 2008, r 6 amd Act No. 29, 2018, s 49; Act No. 19, 2021, s 131 r 7 sub No. 31, 2008, r 6 amd Act No. 29, 2018, s 50 r 8 sub No. 31, 2008, r 6 amd Act No. 26, 2020, s 3 r 9 sub No. 31, 2008, r 6 amd Act No. 26, 2019, s 16 r 9AA ins No. 25, 2022, r 4 r 9A ins No. 23, 1994, r 1 sub No. 31, 2008, r 6 amd Act No. 26, 2020, s 3 r 10 sub No. 31, 2008, r 7 amd Act No. 26, 2019, s 12 r 11 sub No. 31, 2008, r 7 amd Act No. 13, 2024, s 79 rr 12 – 13 sub Act No. 26, 2019, s 13 r 13A ins Act No. 26, 2019, s 13 pt 3 div 2A hdg ins Act No. 13, 2023, s 35 r 14A ins Act No. 13, 2023, s 35 sub No. 22, 2024, r 5 r 14AB ins No. 22, 2024, r 5 r 14B ins Act No. 13, 2023, s 35 amd No. 22, 2024, r 6 r 14C ins Act No. 13, 2023, s 35 pt 3 div 2B hdg ins Act No. 13, 2023, s 35 r 14D ins Act No. 13, 2023, s 35 amd Act No. 34, 2023, s 245 r 15 sub No. 31, 2008, r 8 amd Act No. 26, 2019, s 14 sub Act No. 19, 2021, s 132 amd Act No. 25, 2025, s 112 r 16 amd Act No. 26, 2020, s 3; Act No. 13, 2024, s 80 r 17 amd No. 23, 1994, r 2 sub No. 31, 2008, r 9 amd Act No. 19, 2021, s 133 r 18 amd No. 31, 2008, r 11 sub Act No. 29, 2018, s 51 amd Act No. 13, 2024, s 81 pt 4 hdg ins Act No. 29, 2018, s 51 r 19 ins Act No. 29, 2018, s 51 amd Act No. 19, 2021, s 134 rr 20 – 24 ins Act No. 29, 2018, s 51 pt 5 hdg ins Act No. 26, 2019, s 15 r 25 ins Act No. 26, 2019, s 15 sch amd Act No. 27, 1999, s 16; No. 2, 2002 rep No. 31, 2008, r 10 ins Act No. 29, 2018, s 51 sub Act No. 19, 2021, s 135 amd Act No. 13, 2024, s 82

1 WATER REGULATIONS 1992

The Regulations add rules to the conceptual structure established by the Water Act 1992. The main concepts in the Regulations and their operational meaning follow from the text.

Agency and lodging: an application under the Act must be lodged with the Agency (reg 3(1)). An application is deemed lodged only when sufficient information to enable a proper decision is given (reg 3(4)). A public sector employee may return an inadequate application without further consideration (reg 3(5)).
Approved form: an approved form is a form approved by the Controller or Minister under reg 3(2) to be used for applications and other interactions under the Act. The Minister has exclusive authority to approve the form for an application for a water investigation permit (reg 3(2A); reg 5(1)). Many licences and permits must be in an approved form (see rr 5(1), 6(1), 7(1), 8(1), 9(1), 9A(1), 10(1)).
Water investigation permit: the procedure to apply and publish notices is regulated (reg 5). The Minister may publish the application notice publicly (reg 5(2)), the notice must describe the relevant land, contact point, objection process and other Minister‑determined information (reg 5(3)), and publication costs fall on the applicant (reg 5(4)). If published, the Minister must give the notice to identified owners and occupiers considered likely to be affected (reg 5(5)).
Permit to interfere with a waterway and bore work permit: similar publication, form and notice obligations attach to a permit to interfere with a waterway (reg 6) and bore work permits (reg 7), including the Controller’s power to publish and the applicant’s responsibility for publication costs (reg 6(2), (4)).
Surface and groundwater extraction licences and special fees: groundwater and surface water extraction licence applications must use the approved form (rr 8-9). There is an explicit annual fee of $3,000 (exclusive of GST) for each year or part year for a groundwater extraction licence where the beneficial use is petroleum activity that includes hydraulic fracturing; the fee is payable in equal annual instalments (reg 9AA(1)-(3)). Transfers or amendments that lead to a replacement licence permit crediting previously paid fees for overlapping periods (reg 9AA(4)).
Drilling licences and technical prescription: three classes of drilling licences may be granted (Class 1-3, reg 10(2)). The Regulations prescribe the information and samples the Controller may require from drilling licence holders in connection with bore work (reg 11). The prescribed information covers bore identity and construction status, details of work and contractors, strata and water‑bearing beds, and compliance‑related information (reg 11(2)). The prescribed samples include strata samples (approx 250 g at intervals not exceeding 3 metres) and at least 1 litre water samples for each water cut (reg 11(3)), with labelling requirements (reg 11(4)).
Drillers' Qualifications Advisory Committee: created to advise the Controller in relation to granting, renewing or varying drilling licences and on Part 6 Division 2 operations (reg 12). The Committee has eight members with specified skill and representation minimums (reg 13). Meeting and quorum rules are set out (reg 13A), and the Committee determines examinations and equivalence that constitute prescribed qualifications for drilling licences (reg 14).
Licences for exempt groundwater taking and for mining/petroleum activities: the Regulations add specific prescribed circumstances and evidentiary rules for licence applications that rely on exemption pathways or are tied to mining or petroleum activities (rr 14A, 14AB, 14B, 14C, 14D). These rules include temporal tests (e.g. water taken routinely during specified periods), documentary evidence (imagery, metered records, pumping logs), and crossover requirements with other environmental approvals (reg 14D(1)(d)).
Register, renewals and joint interests: the register must contain specified fields for extraction licences and Part 6B licences (reg 17). Renewal applications must be made in the approved form and be lodged within prescribed lead times depending on the instrument type (reg 15). Joint applications must be in the name of, signed by, and supply addresses for all applicants, may be made by an authorised agent, and create joint and several liabilities for all joint holders (reg 18).
Infringement notices: Part 4 defines infringement notice offences by reference to the Schedule (reg 19), sets the method for determining prescribed amounts (reg 19(2)), establishes the circumstances in which an authorised officer may issue a notice (reg 20), prescribes the required contents of an infringement notice and the statutory statement about expiation and election to go to court (reg 21), payment mechanics and timing (reg 22), withdrawal powers for the Controller (reg 23), and the general application rules for Part 4 (reg 24). The Schedule lists particular Water Act sections and specifies environmental offence levels or penalty units for individuals and bodies corporate (Schedule).

These concepts govern administrative process (forms, lodgement, notices, register), technical compliance (samples, labelling, evidence), institutional arrangements (Minister, Controller, Agency, Committee), and enforcement (infringement notices, prescribed amounts, enforcement agency).

The Regulations create obligations and procedural pathways that affect a defined set of actors. The text itself identifies who is subject to particular duties or who benefits from procedural protections.

Applicants for water investigation permits, waterway interference permits, bore work permits, surface and groundwater extraction licences, waste discharge licences, drilling licences and other approvals under the Act are directly affected. Every such application must be lodged with the Agency (reg 3(1)), use an approved form where required (e.g. regs 5(1), 6(1), 7(1), 8(1), 9(1), 9A(1), 10(1)), and, where relevant, pay the costs of publishing public notices (regs 5(4), 6(4)).
Licence and permit holders are affected by ongoing obligations. Holders of drilling licences must provide prescribed information and samples when required (reg 11). Holders of groundwater extraction licences used for petroleum activities that include hydraulic fracturing must pay an annual fee of $3,000 (reg 9AA). Joint holders of an approval are jointly and severally liable for compliance and fees (reg 18(3)).
Owners and occupiers of land adjacent to or upstream/downstream of relevant land are beneficiaries of procedural protections in certain permitting processes: the Minister must give notice to owners and occupiers the Minister considers may be affected by water investigation permit applications (reg 5(5)); the Controller must give notice to owners and occupiers upstream or downstream of relevant land for waterway interference permit applications (reg 6(5)).
The Controller, Minister and decision maker(s) are primary decision makers under the Regulations. The Controller approves most forms (reg 3(2)), may publish notices for waterway permits (reg 6(2)) and sets procedural requirements for drilling licences and the Drillers' Qualifications Advisory Committee (rr 10-14). The Minister has specified functions (reg 3(2A); reg 5). Decision makers have the power to issue duplicate licences on production of a statutory declaration (reg 16), to amend or revoke joint approvals and specify allocations among joint holders (reg 18(4)-(5)), and to withdraw infringement notices (reg 23).
The Drillers' Qualifications Advisory Committee members are appointed and constituted as prescribed (rr 12-13). At least four members must have hydrogeology, groundwater engineering or drilling operation experience (reg 13(2)), and at least two members must represent users of drilling services but not be public sector employees or industry participants (reg 13(3)).
Authorised officers and enforcement agencies administering the infringement notice process are affected. If an authorised officer believes on reasonable grounds that a person committed an infringement notice offence they may give an infringement notice (reg 20). The infringement notice must identify the enforcement agency (as defined in the Fines and Penalties (Recovery) Act 2001) to which the prescribed amount is payable (reg 21(1)(f)).
Mining and petroleum operators who propose to take water for their activities must satisfy additional documentary cross‑conditions. Applications for water taking for mining or petroleum activity must include, respectively, an environmental (mining) licence under the Environment Protection Act 2019 or an approved environment management plan under the Petroleum Act 1984 (reg 14D(1)(d)).
Persons who routinely took groundwater on specified dates and locations (for example in the former Darwin Rural Water Control District or the Adelaide River area) are affected by transitional or area‑specific licence pathways (regs 14A-14AB), which prescribe both qualification circumstances and temporal limits for applications (reg 14A(e); reg 14AB(1)(e)).
Any person issued with an infringement notice is affected by the notices’ content requirements and options: they may expiate the offence by paying within 28 days, elect to have the matter heard in court, or face enforcement action under the Fines and Penalties (Recovery) Act if they do nothing (reg 21(2)).

Taken together, the Regulations create duties primarily for applicants and licence holders (forms, evidence, payments, sampling); create compliance liabilities for joint holders; impose costs on applicants for required public notification; and create administrative obligations on the Agency, Controller and Minister to follow particular procedural steps and to publish reasons and registers in some cases (regs 14C(b)-(c), 14D(3)(b)-(c), reg 17).

The Regulations allocate specified duties to applicants, licence/permit holders, the Agency, the Controller and the Minister, and set out rights and procedural protections. Below are the concrete duties and rights with the provisions cited.

Duties imposed on applicants and holders

Lodge applications with the Agency and supply sufficient information. Reg 3(1) requires applications to be lodged with the Agency; reg 3(3)-(4) require that applications follow the approved form and include all information necessary for a proper decision, and that an application is taken to be lodged only once sufficient information is given. A public sector employee may return an application lacking sufficient information (reg 3(5)).
Use approved forms. The Controller may approve forms (reg 3(2)); the Minister must approve the form for a water investigation permit (reg 3(2A)). Many permit and licence applications must be in an approved form (see regs 5(1), 6(1), 7(1), 8(1), 9(1), 9A(1), 10(1)). A water investigation permit and other specified licences must be in the approved form when granted (regs 5(7), 6(7), 7(2), 8(2), 9(2), 10(3)).
Pay costs of publication when a notice is published. For water investigation permits and waterway interference permits the cost of publishing a notice must be met by the applicant (regs 5(4), 6(4)).
Provide prescribed information and samples when required. Drilling licence holders may be required by the Controller to provide prescribed information and samples about bores and bore work (reg 11(1)). The regulation prescribes the types of information to be provided (identity and construction status of the bore, work dates, contractor information, nature of work, strata and water bearing beds, and compliance information, reg 11(2)) and the sample sizes and preservation method (reg 11(3)-(4)).
Pay an annual fee for groundwater extraction licences used for petroleum activities that include hydraulic fracturing. Reg 9AA prescribes a fee of $3,000 (exclusive of GST) per year or part year of the licence term, payable in annual instalments starting on grant and on each anniversary (reg 9AA(2)-(3)). Transfers or replacement licences receive credit for overlapping periods (reg 9AA(4)).
Comply with joint holder obligations. Joint applicants must prepare the application in the name of each joint applicant and supply the address and signatures of each unless an agent acts on their behalf (reg 18(1)). Once granted, joint holders are jointly and severally bound by terms and conditions, liable for fees, and obliged to comply with notices and directions under the Act (reg 18(3)).
Meet renewal lodgement deadlines. Applications to renew must be made in the approved form and lodged before specified lead times: 120 business days before expiry for water extraction licences and Part 6B licences, 60 business days for waste discharge licences, and 20 business days for permits (reg 15(1)-(2)).

Rights and procedural protections

Right to public notification and local notice. Where the Minister or Controller elects to publish public notice of an application, the Regulations require the notice to specify a description of the relevant land, contact points and objection procedures, and require that local owners and occupiers be given a copy of the notice if the Minister/Controller considers them likely to be affected (regs 5(2)-(5), 6(2)-(5)).
Right to have reasons recorded and supplied. Where an application is returned under reg 3(5) the returning public sector employee must provide reasons (reg 14C(a) provides this in the context of certain licences; reg 14D(3)(a) likewise). The Controller must give a notice of decision with reasons within 20 business days after the decision is made for the special licence procedures in regs 14C(b) and 14D(3)(b), and if a licence is granted the Controller must include the reasons in the register (regs 14C(b)-(c), 14D(3)(b)-(c)).
Right to elect court determination instead of expiation. Infringement notices must inform the recipient they may elect under the Fines and Penalties (Recovery) Act 2001 to have the matter dealt with by a court (reg 21(2)(b)). The notice must also set out the consequences of non‑payment (reg 21(2)(c)).
Right to replacement/licence duplicate. If a licence document is lost or destroyed, the decision maker may, on receipt of a statutory declaration and other necessary evidence, issue a duplicate licence marked “duplicate” (reg 16).
Right to agent representation. Joint applications may be made by an agent with written authorisation lodged with the application (reg 18(1)(e)).

Decision‑maker duties

Provide approved forms, publish notices and supply local notices when the Controller or Minister elects to do so (regs 3(2)-(2A), 5(2), 6(2)).
Keep a register containing specified fields for water extraction licences and Part 6B licences (reg 17). Register entries must include the holder’s name and address, expiry date, location of extraction, maximum annual quantity and source (reg 17(a)-(e)).
Consider joint applications and any objections and determine to which applicants approvals are to be granted and any special conditions (reg 18(2)).
Withdraw an infringement notice within 28 days of issue and before payment (reg 23(1)-(2)).
Ensure infringement notices include mandated content and statement of options and consequences (reg 21(1)-(2)).

The Regulations therefore set clear documentary and timing duties on applicants and licence holders, provide specific rights to reasons, register disclosure and replacement documents, and place operational duties on the Controller, Minister and decision makers to manage forms, publication and the infringement notice process.

The Regulations establish an infringement notice scheme for a defined set of offences (Part 4 and the Schedule) and prescribe steps both for issuing notices and for recovery and enforcement. The mechanics and contentional rules are set out in regs 19-24, with the Schedule identifying offences and prescribed amounts.

What constitutes an infringement notice offence

Regulation 19(1) defines an infringement notice offence as an offence against a provision specified in the Schedule. The Schedule is the operative list; it divides entries into Part 1 (environmental offence levels) and Part 2 (prescribed amounts in penalty units for individuals and bodies corporate) and lists specific sections of the Water Act 1992 (Schedule).
Regulation 19(2) sets how the prescribed amount is determined:
- For offences specified in Schedule Part 1, the prescribed amount is the amount payable under section 8 of the Environmental Offences and Penalties Act 1996 for the specified environmental offence level (reg 19(2)(a)).
- For offences specified in Schedule Part 2, the prescribed amount is the monetary value of the penalty units specified in the Schedule (reg 19(2)(b)).

Issuing an infringement notice

An authorised officer may give an infringement notice if they believe on reasonable grounds that a person has committed an infringement notice offence (reg 20). The notice must contain specific elements (reg 21(1)): the name and address of the person if known, date the notice is given, date/time/place of the offence, a description of the offence, the prescribed amount payable, and the enforcement agency (as defined in the Fines and Penalties (Recovery) Act 2001) to which the amount is payable.
The notice must include the statutory statement that the person may expiate the offence by paying the prescribed amount within 28 days, may elect to have the matter dealt with by a court, and that enforcement action may be taken under the Fines and Penalties (Recovery) Act 2001 if nothing is done (reg 21(2)). The notice must also include a form enabling the person to elect court determination (reg 21(3)).

Payment mechanics and enforcement consequences

Electronic payments are effective only when credited to the Fines Recovery Unit’s bank account (reg 22(1)). Cheques are effective only if cleared on first presentation (reg 22(2)). These mechanics affect the date of expiation and the operation of the 28‑day window.
If the person does nothing, the enforcement pathways under the Fines and Penalties (Recovery) Act 2001 are available and listed consequences include licence suspension, seizure of personal property, wage garnishee, registration of statutory charges on land, community work orders and imprisonment for breach of such orders (reg 21(2)(c)(i)-(v)).

Withdrawal and multiple notices

The Controller may withdraw an infringement notice in writing if the withdrawal is within 28 days after the notice was given and before payment (reg 23). The withdrawal must be given to the person (reg 23(1)-(2)).
Part 4 does not prevent proceedings from starting or continuing for an infringement notice offence for which an infringement notice has been given unless the offence is expiated (reg 24(1)). The Part does not require that an infringement notice be given, does not affect liability to be prosecuted for an offence for which no infringement notice has been given, and does not prevent more than one infringement notice for the same offence being given (reg 24(2)). Where multiple notices are given for the same offence, a person may expiate by paying the prescribed amount in any of the notices (reg 24(3)).

Specified offences and prescribed amounts

The Schedule lists specific Water Act sections as infringement notice offences and sets either an environmental offence level (Schedule Part 1) or penalty units for individuals and corporates (Schedule Part 2). Examples from the Schedule include:
- Section 16(2D) and section 76 listed at environmental offence level 3; section 16(2F) at level 4 (Schedule Part 1).
- A number of Water Act sections are assigned penalty units (Schedule Part 2), for example sections 37(1), 40(1), 42(1), 44(1), 46(1) and 48(1) are assigned 5 penalty units for an individual and 10 for a body corporate; section 25(1) is 2 penalty units for individuals and not applicable to bodies corporate, etc.

Enforcement actors and cross‑statutory interaction

The enforcement agency to which payment is made is the enforcement agency defined in the Fines and Penalties (Recovery) Act 2001 (reg 21(1)(f)). The prescribed amount for environmental offence level entries is determined under the Environmental Offences and Penalties Act 1996 (reg 19(2)(a)). These cross‑references mean that enforcement consequences and monetary quantum interact with other statutes’ indexing and enforcement mechanisms.

Practical enforcement implications

The Regulations create a two‑track enforcement model: the infringement notice as an administrative expiation option with prescribed amounts and quick recovery mechanisms, and the possibility of criminal prosecution where no expiation occurs or where the decision maker chooses not to issue a notice (reg 24(2)). The Controller’s withdrawal power (reg 23) and the specific notice contents requirements (reg 21) create administrative checkpoints and recipient rights (payment, election to court), with payment mechanics determining when payment is noted as effective (reg 22).

Overall, enforcement under the Regulations relies on authorised officers issuing notices, the statutory content and payment mechanics prescribed in Part 4, the Schedule’s mapping of offences to prescribed amounts or environmental offence levels, and the enforcement pathways available under the Fines and Penalties (Recovery) Act 2001.

The Regulations are expressly drafted to sit under and interact with the Water Act 1992 and to interconnect with several other Northern Territory statutes and administrative regimes. The Regulations reference those statutes and incorporate their enforcement and monetary frameworks by reference.

Direct interactions with the Water Act 1992

The Regulations implement and expand procedural and evidential details for many provisions of the Water Act 1992 (for example, they set forms and lodgement procedures under reg 3 to support multiple application sections of the Act, and specify infringement notice offences against particular Water Act sections listed in the Schedule). The Schedule links specific offences back to particular sections of the Water Act 1992 and sets the infringement framework for those sections (reg 19; Schedule).

Cross‑statutory monetary and enforcement references

Environmental Offences and Penalties Act 1996: For entries in Schedule Part 1 the prescribed amount for the infringement notice offence is the amount payable under section 8 of the Environmental Offences and Penalties Act 1996 for the environmental offence level specified (reg 19(2)(a); Schedule Part 1 entries). This means prescribed amounts for those entries are determined by another Act’s offence‑level to dollar conversion.
Fines and Penalties (Recovery) Act 2001: The Regulations require that an infringement notice specify the enforcement agency as defined under the Fines and Penalties (Recovery) Act 2001 to which the prescribed amount is payable (reg 21(1)(f)). The Regulations also point a recipient of an infringement notice to enforcement actions available under that Act (reg 21(2)(c)(i)-(v)). Consequently, recovery, garnishment, property seizure, registration of statutory charges, community work orders, and related enforcement mechanisms are executed under the Fines and Penalties (Recovery) Act’s machinery.

Environmental and petroleum regulatory cross‑links

Environment Protection Act 2019: Regulation 14D(1)(d)(i) requires that an application for a licence to take water for a mining activity include an environmental (mining) licence under the Environment Protection Act 2019. This is an explicit cross‑statutory permit dependency: an applicant cannot rely solely on the Water Act licence pathway; the environmental regime is a precondition for the water licence application.
Petroleum Act 1984: Regulation 14D(1)(d)(ii) requires that, in the case of a petroleum activity, the application include the environment management plan approved under the Petroleum Act 1984. Again, the Water Act licence pathway for taking water for petroleum activities is conditional on compliance with the petroleum environmental approvals regime.

Interplay with administrative and evidentiary rules

The Regulations’ requirement that an application is taken to be lodged only when sufficient information to make a proper decision is given (reg 3(4)) operates alongside procedural rules in the Act and with the Agency’s administrative practice. The ability of a public sector employee to return an application without consideration if insufficient information is provided (reg 3(5)) intersects with administrative law principles and may trigger procedural review rights (the Regulations themselves require reasons in certain contexts , see regs 14C(a) and 14D(3)(a)).
Register and reasons obligations: For special licence pathways (regs 14C and 14D) the Controller must give reasons within 20 business days of making a decision and must include reasons in the register where a licence is granted (regs 14C(b)-(c), 14D(3)(b)-(c)). These procedural requirements interact with administrative transparency duties and the Act’s public register obligations (reg 17 requires a register with specified fields).

Amendment and commencement interplay

The Endnotes list numerous amending Acts and Regulations (see “List of legislation” and “List of amendments” in the Endnotes). These entries show the Regulations have been updated periodically to align with broader statutory changes (for example, the insertion of r 9AA by Water Amendment Regulations 2022 (SL No. 25, 2022) and the addition of Division 2A and Division 2B in 2023 and 2024 instruments). The amending instruments listed in the Endnotes indicate where governance, fees or territorial coverage were adjusted and thus how the Regulations have been kept in step with changes in related statutes.

In short, the Regulations do not operate in isolation. They rely on the Water Act 1992 for substantive authority, adopt penalty plumbing from the Environmental Offences and Penalties Act 1996, use recovery machinery under the Fines and Penalties (Recovery) Act 2001, and require certain environmental approvals under the Environment Protection Act 2019 and the Petroleum Act 1984 as evidentiary prerequisites for specified water licences. These explicit references define how regulatory compliance under the Water Regulations is contingent upon compliance with other statutory regimes.

The instrument’s Endnotes and List of amendments provide a chronological map of legislative changes to the Regulations. The text includes the original making and a sequence of amendments, insertions and repeals. Key entries and their mechanical effects as recorded in the instrument are summarised below using the Endnotes’ citations.

Initial instrument and commencement: The Water Regulations (SL No. 28, 1992) were notified 30 June 1992 and commenced on 1 July 1992, concurrent with the commencement of the Water Act 1992 (Endnotes list).
1994 and early amendments: Amendments were made by the Amending Instrument (SL No. 23, 1994) (Notified 10 August 1994, commenced 10 August 1994). The Schedule was amended by Act No. 27, 1999 and SL No. 2, 2002 also effected changes (Endnotes).
2008 consolidation: Water Amendment Regulations (SL No. 31, 2008) were notified 26 November 2008 and commenced the same day, reflecting changes linked to the Water Amendment Act 2007 (Endnotes).
2018-2019 reforms: The Water Legislation Amendment Act 2018 (Act No. 29, 2018) and the Water Legislation Miscellaneous Amendment Act 2019 (Act No. 26, 2019) made a range of changes, including the insertion of Part 4 heading and regs 19-24 (Endnotes; r 19 ins Act No. 29, 2018, s 51 and rr 20-24 ins). The 2019 Act also inserted provisions relating to the Drillers' Qualifications Advisory Committee (rr 12-13 were inserted by Act No. 26, 2019, s 13) and other administrative changes.
2020s updates and technical refinements: The Statute Law Revision Act 2020 (Act No. 26, 2020) made amendments to various regs (Endnotes). The Statute Law Amendment (Territory Economic Reconstruction) Act 2021 (Act No. 19, 2021) is recorded with commencement of parts in September-October 2021. Water Amendment Regulations 2022 (SL No. 25, 2022) inserted reg 9AA establishing the $3,000 fee for groundwater extraction licences used for petroleum activity that includes hydraulic fracturing (Endnotes: r 9AA ins No. 25, 2022, r 4).
2023-2024 structural additions: The Water Legislation Amendment Act 2023 (Act No. 13, 2023) inserted Division 2A and Division 2B (regs 14A-14D) concerning licences to take groundwater for exempt activity and licences to take water for mining or petroleum activity (Endnotes: pt 3 div 2A hdg ins Act No. 13, 2023, s 35; r 14D ins Act No. 13, 2023, s 35). Regulation 14C and related provisions were inserted to prescribe application procedures and reasons timelines. The Environment Protection Legislation Amendment Act 2023 (Act No. 34, 2023) amended r 14D in relation to documentary cross‑requirements (Endnotes: r 14D amd Act No. 34, 2023, s 245). Water Amendment Regulations 2024 (SL No. 22, 2024) added reg 14AB and made other refinements (Endnotes: r 14AB ins No. 22, 2024, r 5; r 14B amd No. 22, 2024, r 6).
2024-2025: Parks and Water Legislation Amendment Act 2024 (Act No. 13, 2024) and subsequent Water Amendment Regulations 2024 (SL No. 22, 2024) introduced further changes to Part 3 matters and registers, and the Lands, Planning and Environment Legislation Amendment Act 2025 (Act No. 25, 2025) made a late amendment to r 15 with commencement notes (Endnotes: Act No. 13, 2024 and Act No. 25, 2025 references).
Statute law revisions and formal amendments: The Endnotes record a number of statute law revision and interpretation amendments over the years (Interpretation Legislation Amendment Act 2018, Statute Law Revision Acts). The List of amendments in the instrument maps specific regulation numbers to the amending instruments and identifies insertions, substitutions and repeals.

The Endnotes also contain a granular list of which regulation numbers were inserted, substituted or amended by which instrument, together with commencement dates. For example: r 9AA was inserted by SL No. 25, 2022 (r 4); Division 2A and regs 14A-14C were inserted by Act No. 13, 2023 (s 35), and r 14AB was inserted by SL No. 22, 2024 (r 5). Regulation 15 was amended and its transitional application preserved via reg 25 for the Water Legislation Miscellaneous Amendments Act 2019 (reg 25). The Endnotes therefore provide a precise amendment trail that practitioners should consult when tracking the historical versioning of any specific regulation.

Practising lawyers, compliance advisers and policy analysts should use the Endnotes’ List of legislation and List of amendments as the canonical source for when particular rules were added or modified and to identify the parent Acts used to change the Regulations.

The Regulations as provided do not record any case law, judicial decisions, or litigation outcomes. The text contains no named cases, appeal decisions, or statutory judicial determinations; the Endnotes list legislative instruments, not judicial authority. Therefore the instrument itself does not provide a litigation history.

What the Regulations do reveal about potential litigation or review points

Discretionary administrative acts with procedural constraints: The Regulations confer discretion on the Controller and Minister (for example, to approve forms, to publish notices, to give copy notices to landowners or occupiers, regs 3(2)-(2A), 5(2), 5(5), 6(2), 6(5)), and on public sector employees to return applications lacking sufficient information (reg 3(5)). Where discretion is exercised, the Regulations sometimes impose procedural constraints, such as the requirement that a public sector employee provide reasons when returning an application under reg 3(5) within specified special procedures (see regs 14C(a) and 14D(3)(a)). Those procedural constraints may be focal points for administrative review because the Regulations create an expectation of reasons in specific contexts.
Procedural time limits for reasons: For applications under the special licence pathways (Division 2A and Division 2B), the Controller must give a notice of decision with reasons within 20 business days after making the decision, and must include reasons in the register if the licence is granted (regs 14C(b)-(c), 14D(3)(b)-(c)). Failure to provide reasons within these timeframes could give rise to procedural complaints or review, insofar as the Regulations make those timelines mandatory for those categories.
Infringement notices and withdrawal: The Controller may withdraw an infringement notice within 28 days and before payment (reg 23). The Scheme also allows multiple infringement notices for the same offence (reg 24(2)(c)), and provides that prosecution may proceed where an offence is not expiated (reg 24(1)). Disputes about whether an authorised officer had reasonable grounds to issue a notice (reg 20) or whether procedural content requirements were met (reg 21) could give rise to challenge or require judicial determination of the adequacy of the notice or the grounds for issuance.
Regulatory cross‑requirements: The need to include approvals from other regimes in certain applications (reg 14D(1)(d) , Environment Protection Act 2019 licence for mining, Petroleum Act 1984 environment management plan for petroleum) creates an administrative interface. Disputes may arise about whether the cross‑condition was satisfied or whether the external approval is sufficiently in place to support the water licence application.
Evidentiary prescriptions: The Regulations prescribe precise evidentiary material in some application pathways , for example, imagery spatially referenced to show activity (reg 14B(2)(a), 14B(2)(ab)), records of metered extraction (reg 14B(2)(c), reg 14D(2)(a)), and specific sample sizes and labelling criteria for drilling operations (reg 11(3)-(4)). Conflicts can arise where applicants claim compliance but the Controller disputes the sufficiency or authenticity of evidence.

Because the text itself contains no litigation history, practitioners will need to search tribunal and court databases and administrative review records for decisions involving the Water Regulations 1992 and associated Water Act provisions. The Regulations’ administrative discretions, specific reasons and register obligations, cross‑statutory conditions for mining/petroleum water licences, and infringement scheme are natural focal points for disputes amenable to administrative or judicial review. The Regulations prescribe precise procedural steps that a litigant or review applicant could leverage to challenge process or seek remedies where mandatory steps were not followed.

The Regulations include a number of provisions that create practical risks or traps for applicants, holders or advisers if they are overlooked. The following are specific, source‑grounded practical pitfalls to watch for, with the relevant rule citations.

An application is only “lodged” when sufficient information to enable a proper decision is provided (reg 3(4)). That means mere delivery to the Agency does not guarantee the application is treated as lodged for statutory timelines. If an application lacks the necessary information, a public sector employee may return it without further consideration (reg 3(5)). Practitioners must therefore ensure the approved form is completed and all required supporting material is included on first lodgement.
The Minister or Controller may publish public notices and require applicants to fund publication costs (regs 5(2), 5(4), 6(2), 6(4)). Publication costs are payable by the applicant for water investigation permits and waterway interference permits. This is a direct, sometimes material cost that applicants should budget for.
Strict renewal windows vary by instrument. Renewal applications must be lodged in the approved form and within specific lead times: 120 business days for water extraction licences and Part 6B licences, 60 business days for waste discharge licences, and 20 business days for permits (reg 15(1)-(2)). Practitioners who expect renewal closer to expiry risk late lodgement and operational interruption.
Joint applications create joint and several liabilities. Reg 18(3) makes each joint holder jointly and severally bound by terms and conditions, liable for any fee or other amount payable, and bound to comply with notices and directions. Moreover, service on one joint holder is taken to be service on every joint holder (reg 18(6)). Joint applicants should be careful in negotiating internal allocation agreements and ensure appropriate contractual protections.
The drilling licence sample and labelling rules are prescriptive. Strata samples must be approximately 250 g taken at intervals not exceeding 3 metres and secured in clean bags of specified minimum dimensions and thickness, and water samples must be at least 1 litre taken from each water cut and preserved in a bottle that is completely filled and stoppered (reg 11(3)-(4)). Improperly sized samples or unmarked containers risk non‑compliance with a Controller’s requirement to provide samples.
The $3,000 annual fee for groundwater licences where beneficial use is petroleum activity that includes hydraulic fracturing is non‑negotiable and is payable annually or part‑year (reg 9AA(2)-(3)). Transfers and replacement licences receive credit for overlapping paid periods (reg 9AA(4)), but applicants must plan for the annual cash flow and timing of instalments.
Area and temporal limits for exempt groundwater licences are tight and jurisdictional. For the former Darwin Rural Water Control District pathway, applications must be made before 1 August 2025 (reg 14A(e)); for the Adelaide River area the application must be made within two years of the commencement of that regulation and the prescribed observational periods differ (reg 14AB(1)(e) and 14AB(1)(b)-(c)). These timing constraints can make applicants ineligible if they miss application windows.
Evidence requirements for special licences are exacting. The Regulations list acceptable evidence for exemption and mining/petroleum‑linked licences, including spatially referenced imagery, installation and operation of infrastructure, water extraction records including metered extraction, and pumping rate/duration records (regs 14B(2)(a)-(d), 14D(2)(a)-(c)). Absent or poorly documented records can lead to refused applications.
Controller’s reasons must be given within 20 business days for certain decision pathways. Under regs 14C(b) and 14D(3)(b), the Controller must provide notice of decision with reasons within 20 business days after the decision is made, and if the licence is granted the reasons must be recorded in the register (regs 14C(b)-(c), 14D(3)(b)-(c)). Failure to meet these timelines may not invalidate decisions per se, but it is a procedural point that applicants should monitor and potentially rely on if the Controller omits to give reasons.
Infringement notice payment and effectiveness rules can produce timing gaps. Electronic payment is not effective until funds are credited to the Fines Recovery Unit account (reg 22(1)), and cheques are not effective unless cleared on first presentation (reg 22(2)). This can extend the practical time before an offence is expiated and interact with the 28‑day payment window in reg 21(2)(a).
Multiple infringement notices for the same offence may be issued (reg 24(2)(c)) and the Regulations do not require an infringement notice to be given before prosecution (reg 24(2)(a)-(b)). Persons receiving an infringement notice should consider the election to have the matter heard in court within statutory timeframes and the potential for subsequent prosecution if they decline expiation and are not successful in court.
Register content obligations apply only to certain licences. Reg 17 prescribes the register fields for water extraction licences and Part 6B licences; other licences or permits may not receive the same public register treatment. Practitioners should confirm whether a particular instrument will appear in the public register and what details will be disclosed.

These are not policy critiques but practical, source‑grounded operational risks that advisers should flag: failure to satisfy the precise documentary, timing, sample and payment requirements in the Regulations can lead to returned applications, refusal, financial penalties, or operational interruptions.

This section provides a practical compliance checklist drawn from the Regulations’ mandatory steps, with references to the relevant provisions. It is organised as an operational sequence for prospective applicants, licence/permit holders and drilling operators.

Use the approved form and lodge with the Agency
- Confirm which approved form applies. The Controller approves most forms (reg 3(2)); the Minister approves the form for a water investigation permit (reg 3(2A); reg 5(1)). Ensure you have the correct form before lodgement.
- Lodge the application with the Agency (reg 3(1)). Ensure you supply all information the approved form requires and any additional information necessary for a proper decision (reg 3(3)). Remember an application is only taken to be lodged when sufficient information for a proper decision is provided (reg 3(4)).
Pre‑empt a returned application
- Given reg 3(5), a public sector employee may return an application that does not include sufficient information. If a returned application occurs, obtain the employee’s reasons and address the deficiencies promptly (reg 14C(a); reg 14D(3)(a) , these regs require reasons where the special application procedures apply and signal the general expectation for reasons in returns).
Budget for and manage public notice costs (where applicable)
- For water investigation permit and waterway interference permit applications, the applicant must meet publication costs if the Minister or Controller elects to publish a notice (regs 5(2), 5(4), 6(2), 6(4)). Confirm whether the Minister/Controller will publish and budget for the costs.
Prepare required evidence and records for special licences
- If relying on the exemptions or seeking a licence for mining/petroleum water use, compile the specific documentary evidence listed:
  - For former Darwin Rural Water Control District applications: evidence of routine water taking during the 12 months ending 5 July 2016 and continued taking thereafter until application, and that the commercial undertaking is not mining or petroleum (reg 14A(b)-(d)).
  - For Adelaide River area applications: evidence of routine water taking during the 12 months ending 30 June 2024 and continued taking thereafter, and application within the time window (reg 14AB(1)(b)-(e); 14AB(2) defines Adelaide River area).
  - Acceptable evidence includes spatially referenced imagery before and after the relevant dates, installation and operation of infrastructure, water extraction records including metered extraction, and pumping rate/duration logs (reg 14B(2)(a)-(d), reg 14D(2

WATER REGULATIONS 1992

Plain English Summary

Deep Dive

What it does

Current sections

WATER REGULATIONS 1992

Source text: opening excerpt

1 WATER REGULATIONS 1992

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply