Water Management (General) Amendment (Miscellaneous) Regulation 2014 (NSW)

New South Wales

Water Management (General) Amendment

(Miscellaneous) Regulation 2014

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.

KEVIN HUMPHRIES, MP

Minister for Natural Resources, Lands and Water

Explanatory note
The objects of this Regulation are:

(a)	to provide that the water sharing planning provisions of a management plan for a water management area or water source may deal with the return or delivery of water to a water source, including the circumstances in which the water is to be returned or delivered, and
(b)	to extend until 31 December 2014 the exemption of Anabranch Water (being the private irrigation board for the Greater Anabranch of the Darling River Private Water Supply and Irrigation Districts) from the requirement that it must not serve a notice of a proposed take over of an existing water supply work after the expiration of 12 months after the constitution of its private irrigation district or on any person in respect of work that belongs to, or is under the control or management of, a public authority, and
(c)	to extend until 1 July 2015 the expiry of a transitional period during which certain entitlements for prospecting and fossicking under the Water Act 1912 continue to operate (and after which the entitlements convert to entitlements under the Water Management Act 2000).

This Regulation is made under the Water Management Act 2000, including sections 21 (f) (which allows the regulations to prescribe additional matters that the water sharing planning provisions of a management plan may deal with), 400 (1) (the general regulation-making power) and 400 (2) (which provides that a regulation may exempt any person, matter or thing from the operation of the Act or any specified provision of the Act) and clause 1 of Schedule 9 (which provides that the regulations may contain provisions of a savings or transitional nature consequent on the enactment of the Act or certain amending Acts).

Water Management (General) Amendment (Miscellaneous)

Regulation 2014

under the

Water Management Act 2000

1      Name of Regulation

This Regulation is the Water Management (General) Amendment (Miscellaneous)
Regulation 2014.

2      Commencement

This Regulation commences on 30 June 2014 and is required to be published on the
NSW legislation website.

Schedule 1 Amendment of Water Management (General)
Regulation 2011

[1]      Clause 226 Management plans—water sharing provisions

Omit clause 226 (2). Insert instead:

(2)

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:

(a)	the short-term delivery of water through the area, including by providing for the grouping of water orders and the periodic release of water orders, where the circumstances or conditions of delivery would result in unacceptably high delivery losses, and
(b)	the return or delivery of water to a water source, including the circumstances in which the water is to be returned or delivered.

[2]      Clause 226C Exemptions relating to taking over works—Anabranch Water

Omit “30 June 2014” from clause 226C (1). Insert instead “31 December 2014”.

[3]      Schedule 9 Savings, transitional and other provisions

Omit “1 July 2014” wherever occurring in clause 20 (1) (a) and (4).
Insert instead “1 July 2015”.