Water Amendment Regulation 2012 (No. 1) (Cth)

Case

Water Amendment Regulation 2012 (No. 1)1

Select Legislative Instrument 2012 No. 68

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Water Act 2007.

Dated 10 May 2012

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

TONY BURKE

Minister for Sustainability, Environment, Water, Population and Communities

Contents

1Name of regulation                                              2

2Commencement                                                 2

3Amendment of Water Regulations 2008                      2

Schedule 1Amendments to commence on the day after registration 3

Schedule 2Amendments to commence on 5 July 2012             14

Schedule 3Amendments to commence on the day notified by the Minister in the Gazette     42

  1. Name of regulation

This regulation is the Water Amendment Regulation 2012 (No. 1).

  1. Commencement

This regulation commences as follows:

(a)on the day after it is registered—sections 1 to 3 and Schedule 1;

(b)on 5 July 2012—Schedule 2;

(c)on a day notified by the Minister in the Gazette for the purposes of this paragraph—Schedule 3.

  1. Amendment of Water Regulations 2008

Schedules 1, 2 and 3 amend the Water Regulations 2008.

Schedule 1          Amendments to commence on the day after registration

(section 3)

[1]          After Part 1A

insert

Part 2                      Management of Basin water resources

Division 2.1            Basin plan

2.01Snowy water licence variations

(1)For subsection 21 (7) of the Act, the following variations of the Snowy water licence are prescribed:

(a)the variation issued by the Commissioner of the NSW Office of Water for the Water Administration Ministerial Corporation on 29 April 2010;

(b)the variation issued by the NSW Minister for Primary Industries for the Water Administration Ministerial Corporation on 4 October 2011.

Note 1   Subsection 21 (6) of the Act provides that the Basin plan must not be inconsistent with the provisions of the Snowy water licence.

Note 2   Subsection 21 (7) of the Act provides that a variation of the Snowy water licence is to be disregarded unless the variation is prescribed by the regulations.

Note 3   The variations are available at

(2)In this regulation:

Snowy water licence means the licence issued under section 22 of the Snowy Hydro Corporatisation Act 1997 of New South Wales.

[2]          After Part 10A

insert

Part 11                   Other transitional matters

11.01Transitional water resource plans—Victoria

For paragraph 241 (1) (b) of the Act, each plan mentioned in Schedule 4:

(a)is a transitional water resource plan for the water resource plan area in Victoria mentioned for the plan in the Schedule; and

(b)ceases to have effect on the day mentioned in the Schedule for the plan.

[3]          After Schedule 3

insert

Schedule 4          Transitional water resource plans—Victoria

(regulation 11.01)

Part 1           Definition

In this Schedule:

all water resource plan areas means all of the following water resource plan areas:

(a)Broken;

(b)Campaspe;

(c)Goulburn;

(d)Kiewa;

(e)Loddon;

(f)Ovens;

(g)Victorian Murray;

(h)Wimmera-Mallee.

Part 2           Transitional water resource plans—Victoria

Item

Plan

Water resource plan area

Date plan ceases to have effect

1 Bulk Entitlement (Broken System - Goulburn-Murray Water) Conversion Order 2004 Broken 30 June 2019
2 Bulk Entitlement (Broken System - Snowy Environmental Reserve) Conversion Order 2006 Broken 30 June 2019
3 Bulk Entitlement (Broken System - Tungamah, Devenish & St James - North East Water) Conversion Order 2004 Broken 30 June 2019
4 Bulk Entitlement (Loombah McCall-Say) Conversion Order 2001 Broken 30 June 2019
5 Bulk Entitlement (Axedale, Goornong & Part Rochester) Conversion Order 1999 Campaspe 30 June 2019
6 Bulk Entitlement (Campaspe System - Coliban Water) Conversion Order 1999 Campaspe 30 June 2019
7 Bulk Entitlement (Campaspe System - Goulburn-Murray Water) Conversion Order 2000 Campaspe 30 June 2019
8 Bulk Entitlement (Lockington) Conversion Order 1995 Campaspe 30 June 2019
9 Bulk Entitlement (Rochester) Conversion Order 1995 Campaspe 30 June 2019
10 Bulk Entitlement (Woodend) Conversion Order 2004 Campaspe 30 June 2019
11 Spring Hill Groundwater Supply Protection Area Declaration Order 1998 Campaspe 30 June 2019
12 Spring Hill Groundwater Supply Protection Area-Groundwater Management Plan Campaspe 30 June 2019
13 Bulk Entitlement (Alexandra) Conversion Order 1995 Goulburn 30 June 2019
14 Bulk Entitlement (Bonnie Doon) Conversion Order 1995 Goulburn 30 June 2019
15 Bulk Entitlement (Broadford, Kilmore & Wallan) Conversion and Augmentation Order 2003 Goulburn 30 June 2019
16 Bulk Entitlement (Buxton) Conversion Order 1995 Goulburn 30 June 2019
17 Bulk Entitlement (Dookie) Conversion Order 1995 Goulburn 30 June 2019
18 Bulk Entitlement (Eildon) Conversion Order 1995 Goulburn 30 June 2019
19 Bulk Entitlement (Eildon - Goulburn Weir) Conversion Order 1995 Goulburn 30 June 2019
20 Bulk Entitlement (Euroa System) Conversion Order 2001 Goulburn 30 June 2019
21 Bulk Entitlement (Girgarre) Conversion Order 1995 Goulburn 30 June 2019
22 Bulk Entitlement (Goulburn System - Snowy Environmental Reserve) Order 2004 Goulburn 30 June 2019
23 Bulk Entitlement (Katandra West) Conversion Order 1995 Goulburn 30 June 2019
24 Bulk Entitlement (Kyabram) Conversion Order 1995 Goulburn 30 June 2019
25 Bulk Entitlement (Longwood) Conversion Order 1995 Goulburn 30 June 2019
26 Bulk Entitlement (Mansfield) Conversion Order 1995 Goulburn 30 June 2019
27 Bulk Entitlement (Marysville) Conversion Order 1995 Goulburn 30 June 2019
28 Bulk Entitlement (Merrigum) Conversion Order 1995 Goulburn 30 June 2019
29 Bulk Entitlement (Mooroopna) Conversion Order 1995 Goulburn 30 June 2019
30 Bulk Entitlement (Murchison) Conversion Order 1995 Goulburn 30 June 2019
31 Bulk Entitlement (Nagambie) Conversion Order 1995 Goulburn 30 June 2019
32 Bulk Entitlement (Pyalong) Conversion Order 1997 Goulburn 30 June 2019
33 Bulk Entitlement (Rubicon-Southern Hydro Ltd) Conversion Order 1997 Goulburn 30 June 2019
34 Bulk Entitlement (Rushworth) Conversion Order 1995 Goulburn 30 June 2019
35 Bulk Entitlement (Seymour) Conversion Order 1995 Goulburn 30 June 2019
36 Bulk Entitlement (Shepparton) Conversion Order 1995 Goulburn 30 June 2019
37 Bulk Entitlement (Stanhope) Conversion Order 1995 Goulburn 30 June 2019
38 Bulk Entitlement (Tatura) Conversion Order 1995 Goulburn 30 June 2019
39 Bulk Entitlement (Thornton) Conversion Order 1995 Goulburn 30 June 2019
40 Bulk Entitlement (Tongala) Conversion Order 1995 Goulburn 30 June 2019
41 Bulk Entitlement (Toolamba) Conversion Order 1995 Goulburn 30 June 2019
42 Bulk Entitlement (Upper Delatite) Conversion Order 1995 Goulburn 30 June 2019
43 Bulk Entitlement (Violet Town) Conversion Order 1997 Goulburn 30 June 2019
44 Bulk Entitlement (Woods Point) Conversion Order 1995 Goulburn 30 June 2019
45 Bulk Entitlement (Yea) Conversion Order 1997 Goulburn 30 June 2019
46 Goulburn Broken Regional River Health Strategy 2005 - 2015 Goulburn 31 December 2015
47 Shepparton Irrigation Region Groundwater Supply Protection Area Declaration Order 1995 Goulburn 30 June 2019
48 Shepparton Irrigation Region Groundwater Supply Protection Groundwater Management Plan Goulburn 30 June 2019
49 Bulk Entitlement (Bogong Village) Conversion Order 1997 Kiewa 30 June 2019
50 Bulk Entitlement (Kiewa - Southern Hydro Ltd) Conversion Order 1997 Kiewa 30 June 2019
51 Bulk Entitlement (Kiewa - Tangambalanga) Conversion Order 2000 Kiewa 30 June 2019
52 Bulk Entitlement (Mount Beauty-Tawonga) Conversion Order 1997 Kiewa 30 June 2019
53 Bulk Entitlement (Yackandandah) Conversion Order 2001 Kiewa 30 June 2019
54 Bulk Entitlement (Boort) Conversion Order 1995 Loddon 30 June 2019
55 Bulk Entitlement (Creswick) Conversion Order 2004 Loddon 30 June 2019
56 Bulk Entitlement (Daylesford - Hepburn Springs) Conversion Order 2004 Loddon 30 June 2019
57 Bulk Entitlement (Dingee) Conversion Order 1995 Loddon 30 June 2019
58 Bulk Entitlement (Evansford-Talbot System - Part Maryborough - Central Highlands Water) Conversion Order 2006 Loddon 30 June 2019
59 Bulk Entitlement (Lexton) Conversion Order 2004 Loddon 30 June 2019
60 Bulk Entitlement (Loddon River - Environmental Reserve) Order 2005 Loddon 30 June 2019
61 Bulk Entitlement (Loddon System - Coliban Water) Conversion Order 2005 Loddon 30 June 2019
62 Bulk Entitlement (Loddon System - Goulburn-Murray Water) Conversion Order 2005 Loddon 30 June 2019
63 Bulk Entitlement (Loddon System - Part Maryborough - Central Highlands Water) Conversion Order 2005 Loddon 30 June 2019
64 Bulk Entitlement (Macorna) Conversion Order 1995 Loddon 30 June 2019
65 Bulk Entitlement (Mitiamo) Conversion Order 1995 Loddon 30 June 2019
66 Bulk Entitlement (Mysia) Conversion Order 1995 Loddon 30 June 2019
67 Bulk Entitlement (Pyramid Hill) Conversion Order 1995 Loddon 30 June 2019
68 Bulk Entitlement (Beechworth) Conversion Order 2001 Ovens 30 June 2019
69 Bulk Entitlement (Bright) Conversion Order 2000 Ovens 30 June 2019
70 Bulk Entitlement (Chiltern) Conversion Order 2000 Ovens 30 June 2019
71 Bulk Entitlement (Glenrowan) Conversion Order 1999 Ovens 30 June 2019
72 Bulk Entitlement (Harrietville) Conversion Order 1999 Ovens 30 June 2019
73 Bulk Entitlement (Myrtleford) Conversion Order 2001 Ovens 30 June 2019
74 Bulk Entitlement (Ovens System - Goulburn-Murray Water) Conversion Order 2004 Ovens 30 June 2019
75 Bulk Entitlement (Ovens System - Moyhu, Oxley & Wangaratta - North East Water) Conversion Order 2004 Ovens 30 June 2019
76 Bulk Entitlement (Porepunkah) Conversion Order 1999 Ovens 30 June 2019
77 Bulk Entitlement (Springhurst) Conversion Order 1999 Ovens 30 June 2019
78 Bulk Entitlement (Whitfield) Conversion Order 1999 Ovens 30 June 2019
79 Bulk Entitlement (Corryong) Conversion Order 2000 Victorian Murray 30 June 2019
80 Bulk Entitlement (Cudgewa) Conversion Order 2000 Victorian Murray 30 June 2019
81 Bulk Entitlement (Dartmouth) Conversion Order 2000 Victorian Murray 30 June 2019
82 Bulk Entitlement (River Murray - Coliban Water) Conversion Order 1999 Victorian Murray 30 June 2019
83 Bulk Entitlement (River Murray - First Mildura Irrigation Trust) Conversion Order 1999 Victorian Murray 30 June 2019
84 Bulk Entitlement (River Murray - Flora and Fauna) Conversion Order 1999 Victorian Murray 30 June 2019
85 Bulk Entitlement (River Murray - Goulburn-Murray Water) Conversion Order 1999 Victorian Murray 30 June 2019
86 Bulk Entitlement (River Murray - Goulburn Valley Water) Conversion Order 1999 Victorian Murray 30 June 2019
87 Bulk Entitlement (River Murray - Lower Murray Water) Conversion Order 1999 Victorian Murray 30 June 2019
88 Bulk Entitlement (River Murray - North East Water) Conversion Order 1999 Victorian Murray 30 June 2019
89 Bulk Entitlement (River Murray - Snowy Environmental Reserve) Conversion Order 2004 Victorian Murray 30 June 2019
90 Bulk Entitlement (River Murray - Sunraysia Rural Water) Conversion Order 1999 Victorian Murray 30 June 2019
91 Bulk Entitlement (River Murray - Wimmera Mallee Water) Conversion Order 1999 Victorian Murray 30 June 2019
92 Bulk Entitlement (Walwa) Conversion Order 2000 Victorian Murray 30 June 2019
93 Katunga Groundwater Supply Protection Area Declaration Order 1998 Victorian Murray 30 June 2019
94 Katunga Groundwater Supply Protection Area - Groundwater Management Plan 2006 Victorian Murray 30 June 2019
95 Bulk Entitlement (Amphitheatre) Conversion Order 2003 Wimmera-Mallee 30 June 2019
96 Bulk Entitlement (Ararat, Stawell, Great Western, & Halls Gap) Conversion Order 2005 Wimmera-Mallee 30 June 2019
97 Bulk Entitlement (Avoca) Conversion Order 2003 Wimmera-Mallee 30 June 2019
98 Bulk Entitlement (Landsborough - Navarre) Conversion Order 2003 Wimmera-Mallee 30 June 2019
99 Bulk Entitlement (Wimmera and Glenelg Rivers - Coliban Water) Conversion Order 2004 Wimmera-Mallee 30 June 2019
100 Bulk Entitlement (Wimmera and Glenelg Rivers - Flora and Fauna) Conversion Order 2004 Wimmera-Mallee 30 June 2019
101 Bulk Entitlement (Wimmera and Glenelg Rivers - Grampians Waters) Conversion Order 2004 Wimmera-Mallee 30 June 2019
102 Bulk entitlement (Wimmera and Glenelg Rivers - Wimmera Mallee Water) Conversion Order 2004 Wimmera-Mallee 30 June 2019
103 Mallee River Health Strategy 2005 Wimmera-Mallee 30 June 2019
104 Murrayville Groundwater Supply Protection Area Declaration Order 1998 Wimmera-Mallee 30 June 2019
105 Murrayville Groundwater Supply Protection Area Groundwater Management Plan 2001 Wimmera-Mallee 30 June 2019
106 Neuarpur Groundwater Supply Protection Area Declaration Order 1998 Wimmera-Mallee 30 June 2019
107 Bulk Entitlement (Colbinabbin) Conversion Order 1995 Broken, Goulburn 30 June 2019
108 Bulk Entitlement (Corop) Conversion Order 1995 Broken, Goulburn 30 June 2019
109 Bulk Entitlement (Silver & Wallaby Creeks - Melbourne Water for City West Water Limited) Conversion Order 2006 Broken, Goulburn 30 June 2019
110 Bulk Entitlement (Silver & Wallaby Creeks - Melbourne Water for South East Water Limited) Conversion Order 2006 Broken, Goulburn 30 June 2019
111 Bulk Entitlement (Silver & Wallaby Creeks - Melbourne Water for Yarra Valley Water Limited) Conversion Order 2006 Broken, Goulburn 30 June 2019
112 Silver and Wallaby Creeks Environmental Entitlement 2006 Broken, Goulburn 30 June 2019
113 North Central River Health Strategy 2005 Campaspe, Loddon, Wimmera-Mallee 30 June 2019
114 North East Regional River Health Strategy 2006 Kiewa, Ovens, Victorian Murray 30 June 2019
115 Sustainable Water Strategy Central Region Action to 2055 all water plan resource areas 30 June 2019
116 Directions for Reconfiguration Plans 2006 all water plan resource areas 30 June 2019
117 Ministerial Guidelines for Licensing Irrigation and Commercial Use (Surface Water) 2002 all water plan resource areas 30 June 2019
118 Permissible Consumptive Volume Groundwater Order 2006 all water plan resource areas 30 June 2019
119 State Environment Protection Policy (Groundwaters of Victoria) 1997 all water plan resource areas 30 June 2019
120 State Environment Protection Policy (Waters of Victoria) 1988 all water plan resource areas 30 June 2019

Schedule 2          Amendments to commence on 5 July 2012

(section 3)

[1]          Subregulation 1.03 (1)

insert

category, in relation to water information, means a category of water information specified in regulation 7.03.

grace period, in relation to a person who, on or after 5 July 2012, is specified as a person in a category mentioned in an item of the table in subregulation 7.04 (1), means the period:

(a)beginning on the day the person is specified as such a person; and

(b)ending 3 months after that day.

[2]          Subregulation 1.03 (1), definition of major storage

omit

[3]          Subregulation 1.03 (1)

insert

subcategory, in relation to water information, means a subcategory of water information specified in regulation 7.03 and Schedule 3

[4]          Subregulation 1.03 (1), definition of water restrictions

omit

[5]          Regulation 1.04, heading

substitute

1.04Interpretation—periods of time

[6]          Subregulation 1.04 (4) and (5)

substitute

(4)A reference to a year in these Regulations is to a financial year.

[7]          Subregulations 1.06 (1) and (2)

omit

insert

[8]          After subregulation 1.06 (2)

insert

(3)A reference in these Regulations to the document titled Metadata and contextual information requirements is a reference to the document by that name published from time to time by the Bureau and available at

[9]          Part 7

substitute

Part 7                      Water information

Division 7.1            Purposes, persons and water information

7.01Purposes of Part

For section 126 of the Act, this Part specifies:

(a)the persons, or classes of persons, who must give a copy of water information to the Bureau; and

(b)the water information that must be given; and

(c)the time within which the copy must be given; and

(d)the form and manner in which the water information contained in the copy must be given.

Note   Under subsection 126 (1) of the Act, a person is required to give a copy of water information to the Bureau only if it is in the person’s possession, custody or control.

7.02Persons to give water information to Bureau

This Part applies to the following persons:

(a)a Category A person;

(b)a Category B person;

(c)a Category C person;

(d)a Category D person;

(e)a Category E person;

(f)a Category F person;

(g)a Category G person;

(h)a Category H person.

7.03Categories and subcategories of water information

(1)The water information that must be given to the Bureau under Division 7.2 is water information of a kind described in the categories specified in the table in subregulation (2).

(2)The water information in a category in the table is made up of the water information in the subcategories specified for the category, which are described in Schedule 3.

Category number

Description of category

Subcategories in category

1 Surface water resource information 1a–1b in Part 2 of Schedule 3
2 Ground water resource information 2a–2c in Part 3 of Schedule 3
3 Water storage information 3a–3f in Part 4 of Schedule 3
4 Meteorological information 4a–4j in Part 5 of Schedule 3
5 Water use information 5a–5i in Part 6 of Schedule 3
6 Information about water rights, allocations and trades 6a–6g in Part 7 of Schedule 3
7 Information about urban water management 7a–7pg in Part 8 of Schedule 3
8 Information about water restrictions 8a in Part 9 of Schedule 3
9 Water quality information 9a–9h in Part 10 of Schedule 3
11 Water information for flood warning purposes 11a–11c in Part 11 of Schedule 3

Information that is not water information for this Part

(3)However, the categories in subregulation (1) do not include water information:

(a)held in a form that is not an electronic format; or

(b)publicly available on the Bureau’s website; or

(c)collected from a single site for up to 12 continuous weeks; or

(d)collected solely in order to fulfil a contractual arrangement with a person not specified in regulation 7.02.

(4)The categories in subregulation (1) also do not include water information in the possession, custody or control of a person specified in regulation 7.02 who:

(a)is required to give a copy of the water information to the Bureau under Division 7.2; and

(b)reasonably believes that the water information is already in the Bureau’s possession; and

(c)has notified the Bureau, in writing, of the decision not to provide the information because of that belief.

(5)The categories in subregulation (1) also do not include water information that is:

(a)collected solely for a project which the person expects to be of up to 12 months duration; and

(b)in the possession, custody or control of any of the following persons:

(i)a Category C person;

(ii)a Category D person;

(iii)a Category E person;

(iv)a Category F person;

(v)a Category G person;

(vi)a Category H person.

Division 7.2            Giving water information to Bureau

7.04Water information held during grace period

(1)This regulation applies to a person if:

(a)on or after 5 July 2012, the person is specified as a person in a category mentioned in an item of the table; and

(b)during the grace period for the person, the person has in the person’s possession, custody or control water information that:

(i)is specified in the item; and

(ii)has been entered into a data management system.

Item

Category of persons

Subcategories of water information

1 A and B 1a, 1b, 2a–2c, 3e, 3f, 4a–4j, 5a–5ac, 5b–5i, 6a–6g, 8a and 9a–9h
2 C 1a, 1b, 3a–3da, 3f and 4a–4j
3 D 3a–3da and 3f
4 E 1a, 1b, 2a–2c, 3e, 3f, 4a–4j, 5a–5ac, 5b–5e, 6a–6d and 9a–9h
5 F 1a, 1b, 2a–2c, 3e, 3f, 4a–4j, 7a–7pg, 8a and 9a–9h
6 G 1a, 1b, 2a–2c, 4a–4j, 9a–9g and 9h

(2)The person must give a copy of the water information to the Bureau by midday of the 14th day after the grace period for the person ends.

(3)However, if:

(a)the person is a Category C person; and

(b)the water information is collected from a site listed in the document titled Commercially Sensitive Sites;

the person must give a copy of the water information, expressed as mean daily values, to the Bureau by midday of the day 2 months after the grace period for the person ends.

Information amended during grace period

(4)If:

(a)a person has given a copy of water information to the Bureau under this regulation; and

(b)the person amends the water information during the grace period for the person;

the person must give a copy of the amended water information to the Bureau by midday of the 14th day after the grace period ends.

How information is to be given

(5)A person must give a copy of water information under this regulation to the Bureau:

(a)in the form of a CD, DVD or external hard drive; or

(b)by way of the Internet using FTP or web services.

(6)However, information in subcategory 8a may be given to the Bureau under this regulation in an email sent to the email address, if any, specified on the Bureau’s website as being for this purpose.

7.05Water information held immediately before commencement of this regulation

(1)This regulation applies to a person if:

(a)when this regulation commences, a Part of Schedule 2 applies to the person; and

(b)immediately before this regulation commences, the person has in the person’s possession, custody or control water information in any of the subcategories that are both:

(i)specified in an item in that Part; and

(ii)mentioned in subregulation (3); and

(c)the water information has been entered into a data management system.

(2)The person must give a copy of the water information to the Bureau by 3 months after this regulation commences.

(3)For subparagraph (1) (b) (ii), the subcategories of water information are 2c, 3da, 4j, 5aa to 5af, 5ga, 6a, 6b, 7ea, 7eb, 7ha, 7hb, 7ia, 7ib, 7ja to 7je, 7ka to 7kc, 7la, 7lb, 7na to 7nh, 7oa to 7pg and 9ga.

Information amended before due date

(4)If:

(a)a person has given a copy of water information to the Bureau under this regulation; and

(b)the person amends the water information;

the person must give a copy of the amended water information to the Bureau by midday of the 14th day after the amended water information is entered into a data management system.

How information is to be given

(5)A person must give a copy of water information under this regulation to the Bureau:

(a)in the form of a CD, DVD or external hard drive; or

(b)by way of the Internet using FTP or web services.

7.06Continuing obligation to give water information

(1)This regulation applies to a person if:

(a)a Part of Schedule 2 applies to the person; and

(b)if a grace period applied to the person—the grace period has ended.

(2)If:

(a)the person has in the person’s possession, custody or control water information in any of the subcategories that are specified in an item in that Part; and

(b)the water information has been entered into a data management system (unless the water information is subcategory 6d or 8a water information); and

(c)a copy of the water information is not given to the Bureau under regulation 7.05;

the person must give a copy of the water information to the Bureau within the time specified in the item.

(3)However, if:

(a)a person is a Category C person; and

(b)the water information is collected from a site listed in the document titled Commercially Sensitive Sites;

the person must give a copy of the water information, expressed as mean daily values, to the Bureau by midday of the day 2 months after the information was entered onto the data management system.

Amended information

(4)If:

(a)a person has given a copy of water information to the Bureau under this regulation; and

(b)the person amends the water information;

the person must give a copy of the amended water information to the Bureau within the time specified for the water information in the item in the Part of Schedule 2 that applies to the person.

How information is to be given

(5)If a person is required to give a copy of water information in category 7 to the Bureau yearly, the information must be expressed as volumes recorded each calendar month or more frequently.

(6)A person must give a copy of water information under this regulation to the Bureau by way of the Internet using FTP or web services.

(7)However:

(a)information in subcategory 6d may be given to the Bureau in an email sent to the email address, if any, specified on the Bureau’s website as being for this purpose; and

(b)information in subcategory 8a must be given to the Bureau using the Water Restrictions Tool at

7.07When information is to be given to Bureau

(1)If the time for giving water information to the Bureau is a time specified in column 2 of an item of the table, the person must give the water information to the Bureau by the time specified in column 3 of the item.

Item

Time for giving information

When information is to be given to Bureau

1 Hourly Five minutes after the end of the hour during which the information was entered into a data management system
2 Daily Midday on the next day following the day during which the information was entered into a data management system
3 Weekly Midday on the first day of the next week following the week during which the information was entered into a data management system
4 Calendar monthly Midday on the second day of the next calendar month following the calendar month during which the information was entered into a data management system

(2)If:

(a)the time for giving water information to the Bureau is yearly; and

(b)during a particular year, the water information was entered into a data management system used by a person who is required to give the information to the Bureau; and

(c)the person is specified as a person in a category mentioned in an item of the table;

the person must give the water information to the Bureau by the day and time, if any, specified in the item.

Item

Category of person

Day and time

1 A, B, C, D, E, G, Midday on the 20th day of the next year following the particular year
2 F 31 August of the next year following the particular year

7.08Water information collected during a project of up to 48 months duration

(1)This regulation applies to a person if:

(a)the person collects water information solely for the purpose of a project that the person expects to be of up to 48 months duration; and

(b)the water information is entered into a data management system; and

(c)the water information is not category 11 water information.

(2)The person is not required to give a copy of the water information to the Bureau under regulation 7.06.

(3)The person must give to the Bureau a copy of the water information that was collected:

(a)for a person to whom a grace period did not apply—during each full year for the duration of the project; and

(b)for a person to whom a grace period applied—during each full year that begins after the grace period for the person has ended, for the duration of the project; and

(c)during the period that starts immediately after the end of the last full year and ending on the last day of the project.

When information is to be given

(4)The times for giving water information to the Bureau in an item in a Part of Schedule 2 do not apply.

(5)The person must give a copy of the water information to the Bureau by 3 calendar months after the end of the year to which the information relates.

How information is to be given

(6)A person must give a copy of water information under this regulation to the Bureau:

(a)in the form of a CD, DVD or external hard drive; or

(b)by way of the Internet using FTP or web services.

7.09Application to first information period after grace period ends or Part commences

(1)If a grace period for a person ends after the start of a week (the first week):

(a)item 3 of the table in subregulation 7.07 (1) does not apply to the first week; and

(b)item 3 of the table in subregulation 7.07 (1) applies to the next week as if the next week also included the period from the end of the grace period to the end of the first week.

(2)If a grace period for a person ends after the start of a calendar month (the first calendar month):

(a)item 4 of the table in subregulation 7.07 (1) does not apply to the first calendar month; and

(b)item 4 of the table in subregulation 7.07 (1) applies to the next calendar month as if the next calendar month also included the period from the end of the grace period to the end of the first calendar month.

(3)If this Part commences after the start of a week (the first week):

(a)item 3 of the table in subregulation 7.07 (1) does not apply to the first week; and

(b)item 3 of the table in subregulation 7.07 (1) applies to the next week as if the next week also included the period from when this Part commences to the end of the first week.

(4)If this Part commences after the start of a calendar month (the first calendar month):

(a)item 4 of the table in subregulation 7.07 (1) does not apply to the first calendar month; and

(b)item 4 of the table in subregulation 7.07 (1) applies to the next calendar month as if the next calendar month also included the period from when this Part commences to the end of the first calendar month.

7.10Units of measurement and time zones

(1)If a person is required to include a time reference in the water information, the person must also include the time zone against which the time reference is made.

(2)If:

(a)a person is required to give a copy of water information to the Bureau under this Part; and

(b)the description of a subcategory of water information in Schedule 3 provides that the water information should be expressed using a particular unit of measurement; and

(c)the person has measured the water information using a different unit of measurement from that required in Schedule 3;

the person must convert the unit of measurement into the unit required by Schedule 3 before giving a copy of the water information to the Bureau.

7.11Metadata and contextual information

(1)If a person gives a copy of water information to the Bureau under this Division, the person must, at the same time, also give to the Bureau a copy of the metadata and contextual information, in accordance with the document titled Metadata and contextual information requirements, that relates to the water information being given.

Note   The document sets out which metadata and contextual information must be given, and which may be given.

(2)If the Bureau notifies the person that the metadata and contextual information required by that document has changed, the person must start giving the new metadata and contextual information that relates to the water information 6 months after the person is notified.

[10]        Schedule 1A

omit

Note   Items 1 to 169 are reserved for future use.

[11]        After Schedule 1A

insert

Schedule 2          Water information to be given by persons

(regulations 7.05 and 7.06)

Part 1           Category A persons and Category B persons

Item

Subcategories of water information

Time

1 1a, 1b, 3e, 4a, 4b, 4c, 4d, 4e, 4f, 4g, 4h, 4i, 4j, 5a, 5aa, 5ab, 5ac, 5b, 9a Daily
2 6b, 6c Weekly
3 2a, 2b, 6a Calendar monthly
4 2c, 3f, 5d, 5e, 5f, 5g, 5ga, 5h, 5i, 6e, 6f, 6g, 9b, 9c, 9d, 9e, 9f, 9g, 9ga, 9h Yearly
5 6d, 8a When the announcement is made

Part 2           Category C persons

Item

Subcategories of water information

Time

1 1a, 1b, 3a, 3b, 3c, 3d, 3da, 4a, 4b, 4c, 4d, 4e, 4f, 4g, 4h, 4i, 4j Daily
2 3f Yearly

Part 3           Category D persons

Item

Subcategories of water information

Time

1 3a, 3b, 3c, 3d, 3da Daily
2 3f Yearly

Part 4           Category E persons

Item

Subcategories of water information

Time

1 1a, 1b, 3e, 4a, 4b, 4c, 4d, 4e, 4f, 4g, 4h, 4i, 4j, 5a, 5aa, 5ab, 5ac, 5b, 9a Daily
2 6b, 6c Weekly
3 2a, 2b, 6a Calendar monthly
4 2c, 3f, 5d, 5e, 9b, 9c, 9d, 9e, 9f, 9g, 9ga, 9h Yearly
5 6d When the announcement is made

Part 5           Category F persons

Item

Subcategories of water information

Time

1 1a, 1b, 3e, 4a, 4b, 4c, 4d, 4e, 4f, 4g, 4h, 4i, 4j, 9a Daily
2 2a, 2b Calendar monthly
3 2c, 3f, 7a, 7b, 7c, 7d, 7e, 7ea, 7eb, 7f, 7g, 7h, 7ha, 7hb, 7i, 7ia, 7ib, 7j, 7ja, 7jb, 7jc, 7jd, 7je, 7k, 7ka, 7kb, 7kc, 7l, 7la, 7lb, 7m, 7n, 7na, 7nb, 7nc, 7nd, 7ne, 7nf, 7ng, 7nh, 7o, 7oa, 7ob, 7oc, 7od, 7p, 7pa, 7pb, 7pc, 7pd, 7pe, 7pf, 7pg, 9b, 9c, 9d, 9e, 9f, 9g, 9ga, 9h Yearly
4 8a When the announcement is made

Part 6           Category G persons

Item

Subcategories of water information

Time

1 1a, 1b, 4a, 4b, 4c, 4d, 4e, 4f, 4g, 4h, 4i, 4j, 9a Daily
2 2a, 2b Calendar monthly
3 2c, 9b, 9c, 9d, 9e, 9f, 9g, 9ga, 9h Yearly

Part 7           Category H persons

Item

Subcategories of water information

Time

1 11a, 11b, 11c Hourly

[12]        Schedule 3

substitute

Schedule 3          Subcategories of information

(regulations 7.03 and 7.10)

Part 1           Definitions

In this Schedule:

Australian water access entitlement means a perpetual or ongoing entitlement, by or under a law of a State, to exclusive access to a share of the water resources of a water resource plan area or other water management area.

Australian water allocation means the specific volume of water allocated to an Australian water access entitlement in a given water accounting period.

commercial water means the total amount of metered and estimated non‑metered, potable and non‑potable, water supplied to commercial properties.

dewpoint temperature means the temperature to which air must be cooled, at constant pressure and constant moisture content, to reach saturation.

downward longwave exposure means the total amount of terrestrial electromagnetic energy that falls on a specified unit horizontal surface.

downward longwave irradiance means the longwave irradiance emitted from the sky that falls on a specified unit horizontal surface.

dry‑bulb air temperature means the temperature of air, measured by a thermometer freely exposed to the air but shielded from radiation and moisture.

electrical conductivity, in relation to water, means the capacity of the water to transmit a flow of electricity, and is a common measure of the salinity of the water.

exposure means the measure of the energy received per unit area.

global solar exposure means the total amount of electromagnetic energy emitted from the sun that falls on a specified unit horizontal surface.

global solar irradiance means the irradiance emitted from the sun that falls on a specified unit horizontal surface.

industrial water is the total amount of metered and estimated non‑metered, potable and non‑potable, water supplied to industrial properties.

irradiance means the measure of the rate of electromagnetic energy received per unit area.

major storage means any water storage that has a storage capacity of 1 GL or more.

managed aquifer recharge means the deliberate adding of water to an aquifer.

minor storage means any water storage in which water is stored for taking and that meets the following criteria:

(a)it is not a major storage;

(b)it has a storage capacity of 100 ML or more;

(c)it is not used primarily for the precipitation of ash;

(d)it is not a mine tailings dam;

(e)it is not managed by an urban infrastructure operator primarily for the purposes of flood management or pollution abatement.

municipal water means the total amount of metered and estimated non‑metered, potable and non‑potable, water supplied for municipal purposes.

net exposure means the net global solar exposure plus the net longwave exposure.

net global solar exposure means the global solar exposure less the reflected global solar exposure.

net global solar irradiance means the global solar irradiance less the reflected global solar irradiance.

net irradiance means the net global solar irradiance plus the net longwave irradiance.

net longwave exposure means the downward longwave exposure less the upward longwave exposure.

net longwave irradiance means the downward longwave irradiance less the upward longwave exposure.

non‑potable water means water not intended for use as drinking water.

potable water means water intended for use as drinking water.

raw water means untreated water.

recycled water means treated sewage effluent, and:

(a)includes water extracted by sewer mining and subsequently treated; and

(b)does not include treated urban stormwater.

reflected global solar exposure means the total amount of electromagnetic energy emitted from the sun that is reflected from the ground and irradiates a specified unit horizontal surface from underneath.

reflected global solar irradiance means the irradiance emitted from the sun that is reflected from the ground and irradiates a specified unit horizontal surface from underneath.

residential water means the total amount of metered and estimated non‑metered, potable and non‑potable, water supplied to residential properties.

self extract means to take water directly from a water resource for the use of the person who takes the water, but does not include taking water:

(a)to provide it to another person; or

(b)under a stock and domestic right; or

(c)from an infrastructure operator.

sewer mining means the process of recovering water from a wastewater system.

tidal limit, in relation to a watercourse, means the maximum upstream location on the watercourse at which a tidal variation in water level is observed.

total nitrogen concentration, in relation to a water sample, means the total concentration of all forms of nitrogen found in the water sample, including nitrate, nitrite, ammonia‑N and organic forms of nitrogen.

total phosphorus concentration, in relation to a water sample, means the total concentration of all forms of phosphorus found in the water sample.

total suspended solids, in relation to a water sample, means the measure of the particles mixed in the water sample.

trade waste sewage means the sewage produced by any industry, business, trade or manufacturing process.

turbidity means the measure of the light scattering properties of water, and is an indicator of the presence of suspended solids.

upward longwave exposure means the total amount of terrestrial electromagnetic energy emitted from the Earth’s surface that irradiates a specified unit horizontal surface from underneath.

upward longwave irradiance means the longwave irradiance emitted by the Earth’s surface that irradiates a specified unit horizontal surface from underneath.

urban stormwater means water in the urban stormwater drainage system.

urban stormwater reuse means urban stormwater that has been treated and reused.

urban water means the total residential, commercial, municipal, industrial and other water supplied by urban water utilities.

vapour pressure deficit means the difference between the amount of moisture in the air and how much moisture the air can hold when it is saturated.

water‑equivalent precipitation means the depth of water that would result if solid precipitation were melted.

water management area means any area defined for the purposes of water management, including a water resource plan area.

water storage means a body of water that is naturally occurring, is impounded by a constructed barrier or is within an excavation, and includes ponds, swamps, lakes, wetlands, weirs, dams, basins, reservoirs and open pits.

wet‑bulb air temperature means the temperature of air measured by a thermometer that has its bulb wrapped in wet muslin.

wind run means the product of the average wind speed and the period over which that average speed was measured.

Part 2           Subcategories in category 1—surface water resource information

Subcategory number

Description of subcategory information

1a Level of a watercourse (other than a water storage), expressed in metres
1b Discharge of a watercourse (other than a water storage), expressed in cumecs

Part 3           Subcategories in category 2—ground water resource information

Subcategory number

Description of subcategory information

2a Ground water level, expressed in metres
2b Ground water pressure, expressed in kilopascals
2c Volume of water supplied for aquifer recharge, expressed in megalitres

Part 4           Subcategories in category 3—water storage information

Subcategory number

Description of subcategory information

3a Level of water in a major storage, expressed in metres
3b Volume of water in a major storage, expressed in megalitres
3c Volume of water released from a major storage, expressed in megalitres
3d Total volume of water delivered to a major storage, expressed in megalitres
3da Volume of water delivered to a major storage from each water source, expressed in megalitres
3e Volume of water in a minor storage, expressed in megalitres
3f A list of major storages owned, operated or regulated by the person required to give the information

Part 5           Subcategories in category 4—meteorological information

Subcategory number

Description of subcategory information

4a Accumulated precipitation depth, including the water‑equivalent precipitation depth, expressed in millimetres
4b Wind speed (expressed in metres per second), wind direction, and wind run (expressed in kilometres over a specified period)
4c Evaporation, expressed in millimetres per day
4d Global solar exposure, reflected global solar exposure, downward longwave exposure, upward longwave exposure, and net exposure, each expressed in joules per square metre
4e Global solar irradiance, reflected global solar irradiance, downward longwave irradiance, upward longwave irradiance, and net irradiance, each expressed in watts per square metre
4f Dry‑bulb air temperature, expressed in degrees Celsius
4g Wet‑bulb air temperature, expressed in degrees Celsius
4h Relative humidity, expressed as a percentage
4i Vapour pressure deficit, expressed in millibars
4j Dewpoint temperature, expressed in degrees Celsius

Part 6           Subcategories in category 5—water use information

Subcategory number

Description of subcategory information

5a Total volume of water taken, expressed in megalitres
5aa Volume of water taken from a watercourse, expressed in megalitres
5ab Volume of water taken from ground water, expressed in megalitres
5ac Volume of recycled water taken from another water manager, expressed in megalitres
5ad Volume of water taken from mine dewatering, expressed in megalitres
5ae Volume of water taken from marine desalination, expressed in megalitres
5af Volume of water taken from infrastructure operators, expressed in megalitres
5b Volume of water returned to a watercourse, expressed in megalitres
5d Volume of water supplied to all irrigators in an irrigation network, expressed in megalitres
5e Volume of water supplied to individual irrigators in an irrigation network, expressed in megalitres
5f Volume of water taken by individual self extractors, expressed in megalitres
5g Volume of water taken from a watercourse by self extractors, expressed in megalitres
5ga Volume of recycled water taken by self extractors from another water manager, expressed in megalitres
5h Volume of water extracted from ground water by self extractors, expressed in megalitres
5i Volume of water returned to a watercourse by a self extractor, expressed in megalitres

Part 7           Subcategories in category 6—information about water rights, allocations and trades

Subcategory number

Description of subcategory information

6a Water access rights and irrigation rights
6b Trades or leases of Australian water access entitlements and irrigation rights
6c Trades of Australian water allocations
6d Formal announcements of Australian water allocations
6e Permits to operate or construct a minor storage
6f Permits to self extract water from a bore
6g Permits to self extract water from a watercourse

Part 8           Subcategories in category 7—information about urban water management

Subcategory number

Description of subcategory information

7a Volume of water taken from surface water, expressed in megalitres
7b Volume of water taken from ground water, expressed in megalitres
7c Volume of water taken from marine desalination, expressed in megalitres
7d Volume of recycled water taken, expressed in megalitres
7e Total volume of water (other than urban stormwater or recycled water) taken from infrastructure operators, expressed in megalitres
7ea Volume of potable water taken from infrastructure operators, expressed in megalitres
7eb Volume of non‑potable or raw water (other than urban stormwater or recycled water) taken from infrastructure operators, expressed in megalitres
7f Volume of recycled water taken from infrastructure operators, expressed in megalitres
7g Total volume of water taken, expressed in megalitres
7h Total volume of residential water supplied (other than recycled water and urban stormwater reuse), expressed in megalitres
7ha Volume of potable residential water supplied (other than recycled water and urban stormwater reuse), expressed in megalitres
7hb Volume of non‑potable residential water supplied (other than recycled water and urban stormwater reuse), expressed in megalitres
7i Total volume of commercial, municipal and industrial water supplied (other than recycled water and urban stormwater reuse), expressed in megalitres
7ia Volume of potable commercial, municipal and industrial water supplied (other than recycled water and urban stormwater reuse), expressed in megalitres
7ib Volume of non‑potable commercial, municipal and industrial water supplied (other than recycled water and urban stormwater reuse), expressed in megalitres
7j

Total volume of water supplied, expressed in megalitres, other than the following:

   (a)  recycled water;

  (b)  urban stormwater reuse;

   (c)  residential, commercial, municipal or industrial water

7ja Volume of potable water supplied (other than residential, commercial, municipal or industrial water), expressed in megalitres
7jb

Volume of non‑potable water supplied, expressed in megalitres, other than the following:

   (a)  recycled water;

  (b)  urban stormwater reuse;

   (c)  residential, commercial, municipal, industrial or environmental water;

  (d)  water supplied for agricultural irrigation or managed aquifer recharge

7jc Volume of non‑potable water supplied for managed aquifer recharge (other than recycled water and urban stormwater reuse), expressed in megalitres
7jd Volume of non‑potable water supplied for agricultural irrigation, expressed in megalitres
7je Volume of non‑potable water supplied for environmental use (other than water supplied for managed aquifer recharge and urban stormwater reuse), expressed in megalitres
7k Total volume of potable and non‑potable water supplied (other than recycled water and urban stormwater reuse), expressed in megalitres
7ka Volume of potable water supplied (other than recycled water and urban stormwater reuse), expressed in megalitres
7kb Volume of non‑potable water supplied (other than recycled water and urban stormwater reuse), expressed in megalitres
7kc Volume of potable water produced (other than recycled water and urban stormwater reuse), expressed in megalitres
7l Total volume of water supplied to infrastructure operators, expressed in megalitres
7la Volume of potable water supplied to infrastructure operators (other than recycled water and urban stormwater reuse), expressed in megalitres
7lb Volume of non‑potable water supplied to infrastructure operators (other than recycled water and urban stormwater reuse), expressed in megalitres
7m Volume of recycled water supplied to infrastructure operators, expressed in megalitres
7n Total volume of treated sewage discharges from a sewage discharge point, expressed in megalitres
7na Volume of sewage collected, expressed in megalitres
7nb Volume of sewage supplied to infrastructure operators, expressed in megalitres
7nc Volume of sewage taken from infrastructure operators, expressed in megalitres
7nd Volume of sewage taken from sewer mining, expressed in megalitres
7ne Volume of sewage measured at the inlet to a treatment works, expressed in megalitres
7nf Volume of treated sewage effluent released from a treatment works, expressed in megalitres
7ng Volume of sewage collected (other than trade waste sewage), expressed in megalitres
7nh Volume of trade waste sewage collected, expressed in megalitres
7o Total volume of urban stormwater discharges from a stormwater discharge point, expressed in megalitres
7oa Volume of urban stormwater supplied to infrastructure operators, expressed in megalitres
7ob Volume of urban stormwater taken from infrastructure operators, expressed in megalitres
7oc Volume of urban stormwater taken for managed aquifer recharge, expressed in megalitres
7od Volume of urban stormwater used, expressed in megalitres
7p Total volume of recycled water supplied, expressed in megalitres
7pa Volume of recycled water supplied for residential use, expressed in megalitres
7pb Volume of recycled water supplied for commercial, municipal or industrial use, expressed in megalitres
7pc Volume of recycled water supplied for agricultural irrigation, expressed in megalitres
7pd Volume of recycled water supplied for environmental use (other than managed aquifer recharge), expressed in megalitres
7pe Volume of recycled water supplied for on‑site use, expressed in megalitres
7pf Volume of recycled water supplied for managed aquifer recharge, expressed in megalitres
7pg

Volume of recycled water supplied, expressed in megalitres, other than the following:

   (a)  residential, commercial, environmental, municipal or industrial water;

  (b)  water supplied for agricultural irrigation, on‑site use or managed aquifer recharge

Part 9           Subcategory in category 8—information about water restrictions

Subcategory number

Description of subcategory information

8a Water use restriction announcements

Part 10        Subcategories in category 9—water quality information

Subcategory number

Description of subcategory information

9a Electrical conductivity of surface water above the tidal limit of a watercourse, expressed in microsiemens per centimetre at 25 °C
9b Electrical conductivity of ground water, expressed in microsiemens per centimetre at 25 °C
9c Total suspended solids concentration of surface water collected above the tidal limit of a watercourse, expressed in milligrams per litre
9d Turbidity of surface water above the tidal limit of a watercourse, expressed in nephelometric turbidity units
9e Total phosphorus concentration of a surface water sample collected above the tidal limit of a watercourse, expressed in milligrams per litre
9f Total nitrogen concentration of a surface water sample collected above the tidal limit of a watercourse, expressed in milligrams per litre
9g pH of surface water collected above the tidal limit of a watercourse
9ga pH of ground water
9h Temperature of surface water collected above the tidal limit of a watercourse, expressed in degrees Celsius

Part 11        Subcategories in category 11—water information for flood warning purposes

Subcategory number

Description of subcategory information

11a Level of a watercourse, expressed in metres
11b Discharge of a watercourse, expressed in cumecs
11c Accumulated precipitation depth, including the water‑equivalent precipitation depth, expressed in millimetres

Schedule 3          Amendments to commence on the day notified by the Minister in the Gazette

(section 3)

[1]          Subregulation 1.03 (1)

insert

Category J person means a person specified as a Category J person in the document titled Persons and Classes of Persons.

[2]          After subregulation 1.06 (3)

insert

(4)A reference in these Regulations to the document titled Other important sites is a reference to the document by that name published from time to time by the Bureau and available at

[3]          Paragraph 7.02 (h)

substitute

(h)a Category H person;

(i)a Category J person.

[4]          Subparagraph 7.03 (5) (b) (vi)

substitute

(vi)a Category H person;

(vii)a Category J person.

[5]          Subregulation 7.04 (1), table, after item 6

insert

7 J 1a, 1b, 2a–2c, 3a, 3b, 3f, 4a, 4c, 5a–5b, 9a, 9b, 9d–9h

[6]          After subregulation 7.04 (3)

insert

(3A)If the person is a Category J person, the person is only required to give water information that is collected from a site listed in the document titled Other important sites.

[7]          After subregulation 7.06 (3)

insert

(3A)If the person is a Category J person, the person is only required to give water information that is collected from a site listed in the document titled Other important sites.

[8]          Subregulation 7.07 (2), table, item 1

substitute

1 A, B, C, D, E, G, J Midday on the 20th day of the next year following the particular year

[9]          Schedule 2, after Part 7

insert

Part 8           Category J persons

Item

Subcategories of water information

Time

1 1a, 1b, 3a, 3b, 4a, 4c, 5a, 5aa, 5ab, 5ac, 5ae, 5af, 5b, 9a Daily
2 2a, 2b, 5ad Calendar monthly
3 2c, 3f, 9b, 9d, 9e, 9f, 9g, 9ga, 9h Yearly

Note

  1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See

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