Rights in Water and Irrigation Amendment Regulations (No. 2) 2018 (WA)

1:1.3Ei GOVERNMENT GAZETTE, WA 30 October 2018

Amendment Regulations (No. 2) 2018.

WATER

NV.130 I

Rights in Water and Irrigation Act 1914

Rights in Water and Irrigation Amendment

Regulations (No. 2) 2018

Made by the Governor in Executive Council.

1.   Citation

These regulations are the Rights in Water and Irrigation

30 October 2018 GOVERNMENT GAZETTE, WA 4337

2.           Commencement

These regulations come into operation as follows -

(a)	regulations 1 and 2— on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations - on the 14th day after that day.

3.           Regulations amended

These regulations amend the Rights in Water and Irrigation
Regulations 2000.

4.            Regulation 4 amended

In regulation 4(1):

(a)	in paragraph (b) delete "required." and insert: required; and
(b)	after paragraph (b) insert:
(c) accompanied by the fee (if any) worked out in accordance with Part 7.

5. Regulation 33 amended
In regulation 33(2):

(a)	in paragraph (a) delete "ascertained;" and insert: ascertained; and
(b)	in paragraph (c) delete "put." and insert:

put; and

(c)	after paragraph (c) insert:
(d) the fee (if any) worked out in accordance with Part 7.

6.            Regulation 58 deleted

Delete regulation 58.

4338 GOVERNMENT GAZETTE, WA 30 October 2018

7. Part 7 inserted
After Part 6 insert:

Part 7— Fees for applications for permits and section SC and section 26D licences

58.          Terms used

In this Part—
allocation limit, of a water resource, means the annual
volume of water that is, for the purposes of the Act,
allocated for consumptive use;

Note for this definition: 

The allocation limit of a water resource is determined by the section 5C licences.

allocation status, of a water resource at a particular

time, means -

(a)	water resource that can be taken under	the proportion of the allocation limit for the that time; or
(b)	that there is no allocation limit for the water resource at that time;

applicable allocation status, of a water resource in

relation to an application, means -

(a)	the allocation status of the water resource as published on the Department's website on the day on which the application is made; or
(b)	if no allocation status is published on that day - the allocation status of the water

application means an application for - website; resource most recently published on the

(a)	the grant of a permit; or
(b)	the grant, renewal or amendment of a section 5C licence; or
(c)	the grant of a section 26D licence;

consumptive use means taking water under section 5C licences and other rights (including riparian rights and rights under other written laws);

Department's website means a website maintained by or on behalf of the Department;

30 October 2018 GOVERNMENT GAZETTE, WA 4339

extraction operation means an operation to remove
any of the following from private land for the purpose

of sale -

(a)	limestone, rock or gravel;
(b)	shale, other than oil shale;
(c)	sand, other than mineral sand, silica sand or garnet sand;
(d)	clay, other than kaolin, bentonite, attapulgite or montmorillonite;

mining operations has the meaning given in the
Mining Act 1978 section 8(1);
mining tenement has the meaning given in the Mining
Act 1978 section 8(1);
petroleum operation has the meaning given in the
Petroleum and Geothermal Energy Resources Act 1967
section 5(1);
petroleum pipeline licence means a licence under the
Petroleum Pipelines Act 1969 section 10;
petroleum or geothermal title means a permit, drilling
reservation, access authority, special prospecting
authority, lease or licence under the Petroleum and

Geothermal Energy Resources Act 1967;

pipeline operation has the meaning given in the
Petroleum Pipelines Act 1969 section 4(1);
private land, for the purposes of the definition of
extraction operation, has the meaning given in the
Mining Act 1978 section 8(1);
section 5C licence means a licence under section SC;
section 26D licence means a licence under
section 2613;

water services licence means a licence under the Water

water supply service has the meaning given in the

Services Act 2012 Part 2 Division 2;

Water Services Act 2012 section 3(1).

59.         Mining purposes and public water supply purposes

(I)	Water is taken for mining purposes or for public water supply purposes if the proposed use of the water is for mining purposes or for public water supply purposes.
(2)	Water is used for mining purposes if it is used -

(a)	by the holder of a mining tenement in or in relation to a mining operation; or
(b)	by the holder of a petroleum or geothermal title in or in relation to a petroleum operation; or
(c)	by the holder of a petroleum pipeline licence in or in relation to a pipeline operation; or
(d)	in or in relation to an extraction operation.

4340 GOVERNMENT GAZETTE, WA 30 October 2018

(3) An activity is for mining purposes if it is carried out -

(a)	by the holder of a mining tenement in or in relation to a mining operation; or
(b)	by the holder of a petroleum or geothermal title in or in relation to a petroleum operation; or
(c)	by the holder of a petroleum pipeline licence in or in relation to a pipeline operation; or
(d)	in or in relation to an extraction operation.

(4)	Water is used for public water supply purposes if it is used by the holder of a water services licence in or in relation to the provision of a potable water supply
service.
(5)	An activity is for public water supply purposes if it is carried out by or on behalf of the holder of a water services licence in or in relation to the provision of a potable water supply service.

60.          Fee for application for grant of permit

(1) For the purposes of regulation 4(l)(c), the fee for an
application for the grant of a permit is -

(a) if the activity to be authorised by the permit is, to some extent, for mining purposes or for public water supply purposes (whether or not for the taking of water for such purposes) - the fee worked out under subregulation (2); or

(b) otherwise - nil.

(2) The fee is the applicable fee set out in the Table
according to the assessment level applicable to the
water resource in respect of which the application is
made.

Table - Applicable fee

Assessment level

low	medium	high
$2477	$3302	$4128

(3)	The assessment level applicable to the water resource
is- s-

(a) if the allocation status of the water resource is
(a)

relevant to the application - worked out in

accordance with the Table; or

(b) otherwise - low.

30 October 2018 GOVERNMENT GAZETTE, WA 4341

Table - Assessment level

Applicable allocation status of water resource

<30% > 30% but > 70% but > 100% no

70% 100% allocation

limit

low low medium high low

Note for this Table:

> signifies more than

:5 signifies less than or equal to

61.	Fee for application for grant, renewal or amendment of s. 5C licence
(1)	For the purposes of Schedule 1 clauses 4(1 )(d), 22(1)(b) and 23(3) of the Act, the fee for an application for the grant, renewal or amendment of a section 5C licence is -

(a)	if the low volume exemption does not apply and at least some of the water to be taken under the licence is for mining purposes or for public water supply purposes - the fee worked out under subregulation (3); or
(b)	if the low volume exemption applies and at least some of the water to be taken under the licence is for mining purposes or for public water supply purposes - $200; or

(c) otherwise - nil.

(2) The low volume exemption applies in relation to an
application if the maximum volume of water that may
be taken under the licence, if granted, renewed or

amended in accordance with the application, does not

exceed 1 500 kL/annum.

(3) The fee is—

(a) if the application is for the grant of a licence - the applicable fee set out in item 1 of the Table according to the assessment level applicable to the water resource in respect of which the

application is made; or

(b)	if the application is for the renewal of the licence - the applicable fee set out in item 2 of the Table according to the assessment level applicable to the water resource in respect of which the application is made; or
(c)	if the application is for the amendment of the licence and the amendment requires an assessment of the impact on the water resource

4342 GOVERNMENT GAZETTE, WA 30 October 2018

in respect of which the application is made -
the applicable fee set out in item 3 of the Table
according to the assessment level applicable to

the water resource.

Table - Applicable fee

Item Type of application Assessment level

low medium high

1.	new licence	S5357	$7143	$8929
2.	renewal of licence	S4001	$5335	$6668
3.	amendment of licence	S4407	$5 876	$7 345

(4)	The assessment level applicable to the water resource
is- s-

(a) if the allocation status of the water resource is
(a)

relevant to the application - worked out in

accordance with the Table; or

(b) otherwise - low.

Table Assessment level

Volume	Applicable allocation status of water resource
30% > 30% > 70% > 100% no

but	but	allocation
70%	100%	limit

< 50 000	low	medium	111'-'h	low
kL/annum

50000 low medium high IiI Tov

but

<500 000 kL/annum

500 000 high i ih H H Tov

kL/annum

Note for this Table:

> signifies more than

k signifies more than or equal to

< signifies less than

:5 signifies less than or equal to

(5) For the purposes of the Table to subregulation (4)—
volume, in relation to an application, means the
maximum volume of water that may be taken under the
licence if granted, renewed or amended in accordance
with the application, regardless of whether only some

30 October 2018 GOVERNMENT GAZETTE, WA 4343

of the water is to be taken for mining purposes or for
public water supply purposes.

62.          Fee for application for grant of s. 26D licence

(1) For the purposes of regulation 33(2)(d), the fee for an application for the grant of a section 26D licence is -

(a) if the proposed use of the water is, to some extent, for mining purposes or for public water supply purposes - the fee worked out under subregulation (2); or

(b) otherwise - nil.

(2) The fee is the applicable fee set out in the Table
according to the assessment level applicable to the
water resource in respect of which the application is
made.

Table - Applicable fee

Assessment level

low	medium	high
$172	$215	$269

(3) The assessment level applicable to the water resource
is -

(a) if the allocation status of the water resource is relevant to the application - worked out in accordance with the Table; or

(b) otherwise - low.

Table -Assessment level

Applicable allocation status ofwater resource

30% > 30% but > 70% but > 100% no

70% 100% allocation

limit

low medium high low

Note for this Table:

> signifies more than

15     signifies less than or equal to

63. Publication of applicable allocation status of water
resources

For the purposes of the definition of applicable allocation status in regulation 58, the CEO must, for each water resource to which section 5C applies, publish its allocation status on the Department's

4344 GOVERNMENT GAZETTE, WA 30 October 2018

website and, to the extent practicable, keep that status
up-to-date.

64.          Fee waiver, reduction or refund

The CEO may, in a particular case, refund, reduce or waive, in whole or in part, a fee paid or payable under this Part if the CEO considers it appropriate to do so.

8.            Schedule 3 Form 1 amended

(1) In Schedule 3 Form 1 delete the row relating to Description of
the land and insert:

Description of the land in
respect of which the application

is made

[Land descriptions to be as they
appear on Certificate of Title,
certificate of Crown land title or

TENGRAPH]

(2) In Schedule 3 Form 1 delete the row relating to Proposed water
use and insert:

If the applicant is a water
services licensee, specify water
services provider name and

licence number

Is the application related to

public water supply purposes?

Is the application related to

mining purposes?

If so, include details as relevant:
•	mining tenement number(s), mine name and mine field
•	details of petroleum or geothermal title(s)
•	petroleum pipeline licence number(s)

30 October 2018 GOVERNMENT GAZETTE, WA 4345

Proposed water use:

• specify whether the use is

commercial or not

• specify volume of water to be

used

•	include detailed description
of purposes for which water to be used
•	specify duration of use and

licence

R. NEILSON, Clerk of the Executive Council.