Water Management (General) Amendment (Miscellaneous) Regulation 2012 (NSW)

2012 No 353

New South Wales

Water Management (General)

Amendment (Miscellaneous)

Regulation 2012

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.

KATRINA HODGKINSON, MP

Minister for Primary Industries

Explanatory note
The objects of this Regulation are as follows:

(a)	to prescribe certain requirements for consent by co-holders of access licences to the appointment or revocation of appointment of nominees in relation to certain dealings under the Water Management Act 2000 (the Act),
(b)	to make provision with respect to entitlements under the Water Act 1912 that authorise the taking of water from the Gwydir Unregulated and Alluvial Water Sources, being entitlements that are to become access licences to which Part 2 of Chapter 3 of the Act applies,
(c)	to create an exemption from the need for an approval under the Act for the construction or use of certain water supply works that are included in a project under the Soil Conservation Act 1938,
(d)	to update a cross reference and clarify the application of an exemption.

This Regulation is made under the Water Management Act 2000, including sections 72A and

400 (the general regulation-making power) and clause 1 of Schedule 9.

Published LW 3 August 2012	Page 1
2012 No 353	Water Management (General) Amendment (Miscellaneous) Regulation
Clause 1	2012

Water Management (General) Amendment

(Miscellaneous) Regulation 2012

under the

Water Management Act 2000

1      Name of Regulation

This Regulation is the Water Management (General) Amendment
(Miscellaneous) Regulation 2012.

2      Commencement

This Regulation commences on 3 August 2012 and is required to be published on the NSW legislation website.

Water Management (General) Amendment (Miscellaneous) Regulation	2012 No 353
2012
Amendment of Water Management (General) Regulation 2011	Schedule 1
Schedule 1	Amendment of Water Management (General) Regulation 2011

[1]      Clause 15A

Insert after clause 15:

15A Requirements for consent by co-holders of access licences

An appointment, or a revocation of appointment, of a nominee of a co-holder of an access licence under section 72A (2) of the Act:

(a)	must be in the approved form, and
(b)	must be signed by the co-holder making or revoking the appointment, and
(c)	must be lodged at, or sent by post to an office of the Department.

[2]      Clause 32 Water used for particular purposes

Omit “and stock watering” from clause 32 (b).
Insert instead “or stock watering”.

[3]      Clause 36 Exemptions relating to both construction and use of water supply works

Insert after clause 36 (1) (f):

(g) any person, in relation to the construction or use of a water supply work for the control or prevention of soil erosion that is included in a project in existence under section 10 of the Soil Conservation Act 1938, for the purpose of giving effect to the project.

[4]      Clause 41 Exemption from operation of section 106

Omit “clause 19” from clause 41 (a). Insert instead “clause 18”.

2012 No 353	Water Management (General) Amendment (Miscellaneous) Regulation 2012
Schedule 1	Amendment of Water Management (General) Regulation 2011

[5]      Schedule 4 Access licences and approvals arising from former entitlements, and certain deemed approvals—particular provisions

Insert after Division 18 in Part 2:

Division 19 Replacement access licences for certain entitlements for Gwydir Unregulated and Alluvial Water Sources (3 August 2012)

84L Application of Division

This Division applies to and in respect of each of the following entitlements with respect to water sources to which the Water Sharing Plan for the Gwydir Unregulated and Alluvial Water Sources 2012 applies:

90BL154675	90BL246759
90BL130269	90BL150009
90BL246347	90BL120455
90BL246378	90BL253075
90BL246647	90BL252989

84M	Aquifer (high security) access licences
(1) Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 4 (4) of Schedule 10 to the Act:

(5) This clause does not apply to an entitlement referred to in clause 84L of Schedule 4 to the Water Management (General) Regulation 2011.

(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 (high security) access licences

An entitlement referred to in clause 84L of Schedule 4 to the Water Management (General) Regulation 2011 is taken to have been replaced by an aquifer (high security) access licence.

Water Management (General) Amendment (Miscellaneous) Regulation	2012 No 353
2012
Amendment of Water Management (General) Regulation 2011	Schedule 1

(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 referred to in clause 84L of Schedule 4 to the Water Management (General) Regulation 2011.