Water Management (General) Amendment (Miscellaneous) Regulation 2010 (NSW)
2010 No 341
New South Wales
Water Management (General)
Amendment (Miscellaneous)
Regulation 2010
under the
Water Management Act 2000
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Water Management Act 2000.
PHILLIP COSTA, MP
Minister for Water
Explanatory note
The objects of this Regulation are:
| (a) | to make provision with respect to entitlements authorising the taking of water from the Peel Valley water sources, as a consequence of the commencement of the Water Sharing Plan for the Peel Valley Regulated, Unregulated, Alluvium and Fractured Rock Water Sources 2010 on 1 July 2010, and |
| (b) | to extend the time for registering security interests in certain access licences, and |
| (c) | to prescribe certain matters that may be dealt with under the water sharing planning provisions of a management plan for a water management area or water source. |
This Regulation is made under the Water Management Act 2000, including section 400 (the general regulation-making power) and clause 1 of Schedule 9 (the power to make savings and transitional regulations).
| Published LW 1 July 2010 | Page 1 |
| 2010 No 341 | Water Management (General) Amendment (Miscellaneous) Regulation |
| Clause 1 | 2010 |
Water Management (General) Amendment
(Miscellaneous) Regulation 2010
under the
Water Management Act 2000
1 Name of Regulation
This Regulation is the Water Management (General) Amendment
(Miscellaneous) Regulation 2010.
2 Commencement
This Regulation commences on 1 July 2010 and is required to be published on the NSW legislation website.
| Water Management (General) Amendment (Miscellaneous) Regulation | 2010 No 341 |
| 2010 | |
| Amendment of Water Management (General) Regulation 2004 | Schedule 1 |
| Schedule 1 | Amendment of Water Management (General) Regulation 2004 |
[1] Clause 3 Definitions
Omit “or regulated river (general security—B class) access licence” from the definition of general security entitlement in clause 3 (1).
Insert instead “, regulated river (general security—B class) access licence or aquifer (general security) access licence”.
[2] Clause 6 Water sharing provisions
Omit clause 6 (1). Insert instead:
(1)
For the purposes of section 21 (c) of the Act, the following are prescribed as circumstances in which water may be withdrawn from a water allocation account:
(a)
circumstances in which there is insufficient water available in the relevant dam to provide for losses in the conveyance of water between the dam and the locations to which it is delivered (whether by evaporation, leakage or otherwise),
(b)
circumstances in which the amount of uncontrolled flow taken under a regulated river (general security) access licence exceeds the amount that is allowed to be taken under that licence.
(1A) For the purposes of section 21 (f) of the Act, the water sharing planning provisions of a management plan for a water management area or water source may deal with the short term delivery of water through the area, including by providing for the grouping of water orders and the periodic release of such orders, where the circumstances or conditions of delivery would result in unacceptably high delivery losses. [3] Clause 8 Categories of access licence
Insert after clause 8 (1) (g):
(h) aquifer (general security) access licence.
[4] Clause 29AA Extension of time for registration of security interests
Omit “and (c)” from clause 29AA (3) (a). Insert instead “, (c) and (d)”.
[5] Clause 29AA (3) (b)
Insert “or (d)” after “paragraph (c)”.
| 2010 No 341 | Water Management (General) Amendment (Miscellaneous) Regulation 2010 |
| Schedule 1 | Amendment of Water Management (General) Regulation 2004 |
[6] Clause 29AA (3) (c) and (d)
Omit clause 29AA (3) (c). Insert instead:
(c) in the case of an access licence arising from an entitlement numbered 30SA004518, 60SA008558, 70SA009598, 80SA010605 or 90SA011551, 72 months, or (d) in the case of an access licence arising from an entitlement numbered 50SA000207, 80SA000962 or 90SL051364, 90 months.
[7] Part 3, Division 12
Insert after Division 11:
Division 12 Replacement access licences for
entitlements for the Peel Valley Regulated,
Unregulated, Alluvium and Fractured Rock
Water Sources (1 July 2010)
| 29ZM | Application of Division | |
| ||
| (2) A reference in this Division to an entitlement listed in Schedule 4E to this Regulation includes a reference to an entitlement that is issued before 1 July 2010 under section 117J of the former 1912 Act or clause 24 of the Water (Part 2— General) Regulation 1997 as a result of a transfer of water allocation or water rights and that arises from an entitlement listed in Schedule 4E. | ||
| 29ZN | Aquifer (general security) access licences | |
|
(5)
This clause does not apply to an entitlement listed in Schedule 4E to the Water Management (General) Regulation 2004.
| Water Management (General) Amendment (Miscellaneous) Regulation | 2010 No 341 |
| 2010 | |
| Amendment of Water Management (General) Regulation 2004 | Schedule 1 |
(2) Pursuant to clause 1 of Schedule 9 to the Act, the following clause is taken to be inserted after clause 4 of Schedule 10 to the Act:
4A Aquifer (general security) access licences A Part 2 or Part 5 entitlement listed in Schedule 4E to the Water Management (General) Regulation 2004 is taken to have been replaced by an aquifer (general security) access licence.
(3)
Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 5 (4) of Schedule 10 to the Act:
(5)
Subclause (1) does not apply to an entitlement listed in Schedule 4E to the Water Management (General) Regulation 2004.
| 29ZO | Registration of security interests in replacement access licences | |
| (1) Pursuant to clause 1 of Schedule 9 to the Act, clause 19 of Schedule 10 to the Act is to be construed as if the reference in clause 19 (5) to the commencement of Part 2 of Schedule 10 to the Act were a reference to 1 July 2010. | ||
|
(10A)
Subclause (10B) applies only to an access licence arising from an entitlement with respect to land in respect of which an interest was, immediately before 1 July 2008, registered under the Real Property Act 1900 or under the Corporations Act 2001 of the Commonwealth.
(10B)
No dealing that requires the consent of the holder of a security interest may be registered in relation to an access licence until the expiry of the prescribed period unless, before the expiry of that period, the holder of the interest:
(a)
has lodged with the Director-General a notice of the kind referred to in subclause (5) (d), or
(b)
has notified the Director-General that the holder does not propose to seek registration of the interest in the Access Register.
| 2010 No 341 | Water Management (General) Amendment (Miscellaneous) Regulation 2010 |
| Schedule 1 | Amendment of Water Management (General) Regulation 2004 |
| 29ZP | Entitlements held by 2 or more co-holders |
Pursuant to clause 1 of Schedule 9 of the Act, clause 23 of Schedule 10 to the Act is taken to have been replaced by the following clause:
23 Entitlements held by 2 or more co-holders
Two or more co-holders of a replacement access licence are taken to hold the access licence:
(a) if the Minister has a record of the shares in which the former entitlement was held immediately before the appointed day, in the same shares as the former entitlement was so held, or (b) if the Minister has no such record, but within 2 months after sending a written request to the co-holders seeking information as to their shareholding the Director-General receives:
(i) a notice, signed by or on behalf of each of them, by which they agree as to the shares in which they hold the access licence, or (ii) a notice, signed by any one of them, to the effect that legal proceedings have been commenced for the purpose of obtaining a declaration as to the shares in which they hold the access licence, in the agreed shares referred to in the notice under subparagraph (i), or in the shares determined pursuant to the legal proceedings referred to in the notice under subparagraph (ii), as the case may be, or
(c)
in any other case, as tenants in common with the entitlements conferred by the licence under section 56 apportioned equally between them.
| Water Management (General) Amendment (Miscellaneous) Regulation | 2010 No 341 |
| 2010 | |
| Amendment of Water Management (General) Regulation 2004 | Schedule 1 |
[8] Schedule 4E
Insert after Schedule 4D:
Schedule 4E Replacement access licences for
Part 2 or Part 5 entitlements for the
Peel Valley (1 July 2010)
(Clause 29ZN)
Licence No Licence No Licence No Licence No 90BL021119 90BL248423 90BL133130 90BL247054 90BL030101 90BL111022 90BL246297 90BL247079 90BL142119 90BL111023 90BL246298 90BL247118 90BL030033 90BL251270 90BL246299 90BL247119 90BL030361 90BL252400 90BL248145 90BL247081 90BL030433 90BL115449 90BL135027 90BL143511 90BL030520 90BL115451 90BL246350 90BL143512 90BL030688 90BL115452 90BL135896 90BL247086 90BL246944 90BL118826 90BL136266 90BL247091 90BL030761 90BL118325 90BL247663 90BL247092 90BL030762 90BL250352 90BL016987 90BL012246 90BL030795 90BL154821 90BL016988 90BL012247 90BL030797 90BL120388 90BL016989 90BL247093 90BL030799 90BL120963 90BL019473 90BL247110 90BL248278 90BL133226 90BL246602 90BL144565 90BL100204 90BL247389 90BL246613 90BL247214 90BL100890 90BL120589 90BL012032 90BL248524 90BL151982 90BL154820 90BL138203 90BL247215 90BL153746 90BL246130 90BL246632 90BL247226 90BL153747 90BL154925 90BL017182 90BL248565 90BL153748 90BL246961 90BL246681 90BL248566 90BL250118 90BL250744 90BL139393 90BL248567 90BL152162 90BL250745 90BL139394 90BL247237
| 2010 No 341 | Water Management (General) Amendment (Miscellaneous) Regulation 2010 |
| Schedule 1 | Amendment of Water Management (General) Regulation 2004 |
Licence No Licence No Licence No Licence No 90BL021430 90BL123329 90BL246683 90BL247443 90BL021431 90BL123355 90BL247404 90BL248568 90BL103745 90BL126254 90BL139434 90BL248569 90BL103746 90BL126255 90BL246710 90BL248571 90BL152194 90BL154502 90BL246716 90BL145112 90BL152195 90BL154503 90BL246717 90BL249646 90BL152753 90BL016183 90BL246741 90BL249647 90BL104379 90BL124142 90BL246821 90BL145349 90BL014926 90BL248205 90BL246830 90BL150033 90BL019365 90BL126689 90BL246831 90BL150658 90BL019366 90BL151527 90BL249408 90BL150926 90BL019367 90BL247767 90BL246889 90BL150928 90BL019949 90BL249409 90BL246942 90BL247111 90BL020580 90BL131628 90BL142099 90BL247481 90BL105221 90BL131622 90BL246941 90BL247446 90BL105513 90BL131623 90BL142365 90BL247910 90BL247342 90BL131624 90BL143146 90BL137738 90BL107596 90BL131625 90BL247052 90BL009158 90BL249837 90BL131626 90BL247053 90BL152451 90BL153648 90BL131627 90BL247056 90BL248551 90BL251949 90BL246560 90BL010034 90BL249601 90BL152168 90BL120813 90BL010035 90BL253097 90BL031001 90BL126950 90BL010036 90BL251750 90BL031433 90BL126953 90BL246601 90BL249713 90BL248101 90BL247495 90BL006272 90BL249890 90BL115462 90BL021395 90BL011338 90BL251722 90BL115463 90BL020093 90BL122242 90BL155458 90BL247792 90BL248525 90BL012812 90BL250126 90BL012265 90BL011099 90BL247901 90BL250227 90BL017813 90BL012033 90BL248526 90BL150659
| Water Management (General) Amendment (Miscellaneous) Regulation | 2010 No 341 |
| 2010 | |
| Amendment of Water Management (General) Regulation 2004 | Schedule 1 |
Licence No Licence No Licence No Licence No 90BL137857 90BL015201 90BL248527 90BL251466 90BL151056 90BL004811 90BL253956 90BL115268 90BL141666 90BL004813 90BL254011 90BL007862 90BL141667 90BL248514 90BL009539 90BL008536 90BL141668 90BL018839 90BL248573 90BL031293 90BL139445 90BL013836 90BL248572 90SL006515 90BL151693 90BL248845 90BL248574 90SL009737 90BL013850 90BL253931 90BL100318 90SL043337 90BL131649 90BL010450 90BL100328 90SL043452 90BL152862 90BL012889 90BL150086 90SL044464 90BL248264 90BL012936 90BL152740 90SL047317 90BL030149 90BL248513 90BL249502 90SL050059 90BL030150 90BL014726 90BL254509 90SL051036 90BL246826 90BL013954 90BL253951 90BL120185 90BL030159 90BL013955 90BL016061 90BL020404 90BL029929 90BL013956 90BL016062 90BL252444 90BL030793 90BL013957 90BL248757 90BL130380 90BL031489 90BL011425 90BL248764 90BL020413 90BL254034 90BL011428 90BL248851 90BL017342 90BL031571 90BL013141 90BL017477 90BL255091 90BL109526 90BL017805 90BL249048 90BL008272 90BL105721 90BL249205 90BL249098 90BL249329 90BL108941 90BL015549 90BL249144 90BL247108 90BL019088 90BL012778 90BL248760 90BL247167 90BL107287 90BL012779 90BL248761 90BL249330 90BL009906 90BL020402 90BL014727 90BL247109 90BL249539 90BL247168 90BL249419 90BL009924 90BL121036 90BL009923 90BL249538 90BL154517
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