Water Management (General) Amendment Regulation 2012 (NSW)

2012 No 29

New South Wales

Water Management (General) Amendment 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 declare Eagle Creek Cutting and Waddy Creek Cutting to be rivers for the purposes of the Water Management Act 2000,

(b)

to make provision as a consequence of the extension of Parts 2 and 3 of Chapter 3 of the Act to certain water sources in the Murray Unregulated and Alluvial Water Sources and the Lower Murray–Darling Unregulated and Alluvial Water Sources (including to exempt holders of certain approvals arising from entitlements relating to Bungaree and Bingera Creeks and the Eagle Creek System from the requirement to hold a water access licence to extract water from those rivers).

This Regulation is made under the Water Management Act 2000, including section 400 (the general regulation-making power), clause 1 of Schedule 9 and paragraph (c) of the definition of river in the Dictionary.

Published LW 27 January 2012	Page 1
2012 No 29
Clause 1	Water Management (General) Amendment Regulation 2012

Water Management (General) Amendment Regulation

2012

under the

Water Management Act 2000

1      Name of Regulation

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

2      Commencement

This Regulation commences on 30 January 2012 and is required to be published on the NSW legislation website.

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Water Management (General) Amendment Regulation 2012

Amendment of Water Management (General) Regulation 2011	Schedule 1
Schedule 1	Amendment of Water Management (General) Regulation 2011

[1]      Clause 3 Definitions

Insert after clause 3 (2) (b):

(c)	Eagle Creek Cutting, from its offtake with the Murray River adjacent to Lot 20, DP 1135384, Easting: 240323, Northing: 6052845, UTM Zone 55 GDA, Parish of Barham, County of Wakool, to its confluence with the Eagle Creek adjacent to Lot 2, DP 218060, Easting: 241231, Northing: 6053511, UTM Zone 55 GDA, Parish of Barham, County of Wakool.
(d)	Waddy Creek Cutting, from its offtake with the Murray River in Lot 1, DP 868793, Easting: 750976, Northing: 6080045, UTM Zone 54 GDA, Parish of Willakool, County of Wakool, to its confluence with the Waddy Creek in Lot 2, DP 868793, Easting: 751915, Northing: 6081546, UTM Zone 54 GDA, Parish of Mellool, County of Wakool.

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

Insert after the heading to Part 3:

Division 1 Approvals arising from certain former
entitlements

[3]      Schedule 4, Part 3, Division 2 heading

Insert after clause 85:

Division 2 Approvals for certain water bores

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Water Management (General) Amendment Regulation 2012

Schedule 1 Amendment of Water Management (General) Regulation 2011

[4]      Schedule 4, Part 3, Division 3 heading

Insert after clause 86:

Division 3 Approvals arising from former entitlements
and associated provisions

87 Application of Division

This Division applies to and in respect of the following entitlements, unless otherwise expressly provided:

(a)	the entitlement under the former 1912 Act identified as Authority No 50SA006634,
(b)	each of the following entitlements under the former 1912 Act with respect to the Eagle Creek System:

50SL026144 50SL046199 50SL030154 50SA006508 50SL075269 50SA006641 50SL075674 50SL046192 50SA001283 50SL075099 50SL038668 50SL048121 50SL020732 50SA006517 50SL049279 50SL046196 50SL026155 50SL048123 50SL036266 50SL075606 50SL029701 50SL075130 50SL075681 50SL075599 50SL011890 50SL075723 50SL029733 50SL075596 50SL031227 50SL075709 50SL075556 50SL075605 50SL050268 50SL030670 50SL075075 50SL075598 50SL075682 50SL075245 50SL037750 50SL075603 50SL048134 50SL046865 50SL075135 50SL075604 50SL075279 50SL075049 50SL040224 50SL075597 50SL075280 50SL075675 50SL030468 50SL075595 50SL075278 50SA006638 50SL048536 50SL075601 50SL030317 50SL010011 50SL030488 50SL075602 50SL030318 50SL031520 50SL075625 50SA000909 50SL046193 50SL030682 50SL030547 50SA006631 50SL048124 50SL031754 50SL035376 50SL035463 50SL046195 50SL029622 50SL075134 50SL075724

50SA006640 50SL030050 50SA006509

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Water Management (General) Amendment Regulation 2012

Amendment of Water Management (General) Regulation 2011 Schedule 1

(c) each of the following entitlements under the former 1912 Act with respect to part of Bullatale Creek and part of Aluminy Creek:

50SL046388 50SL034226 50SL025392 50SL075677 50SL075257 50SL038127 50SL019921 50SL075678 50SL075258 50SL027003 50SL042729 50SL027820

50SL048507	50SL051137	50SL035975
50SL048142	50SL075728	50SL052032
50SL034208	50SL075727	50SL075337

(d)

the entitlement under the former 1912 Act identified as Licence No 60SL085520,

(e)

the entitlement under the former 1912 Act identified as Licence No 60SL038563.

88      Access licences and approvals arising from former entitlements

(1)	Despite any provision of Schedule 10 to the Act, nothing in that Schedule operates to replace an entitlement with an access licence.
(2)	However, an entitlement may be replaced by an approval in accordance with Schedule 10 to the Act.

89      Entitlements with no specified quantity of water to continue under former Acts

Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 9 (2) of Schedule 10 to the Act:

(3) This clause does not apply to an entitlement referred to in clause 87 of Schedule 4 to the Water Management (General) Regulation 2011.

90      Water use approvals for joint schemes

(1)  This clause applies to the following entitlements:

(a)	the entitlement referred to in clause 87 (a) of this Division,
(b)	entitlements under the former 1912 Act identified as 50SA001283, 50SA006640, 50SA006641, 50SA006517, 50SA006638, 50SA006509, 50SA006508, 50SA000909 and 50SA006631.

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Water Management (General) Amendment Regulation 2012

Schedule 1 Amendment of Water Management (General) Regulation 2011

(2) Pursuant to clause 1 of Schedule 9 to the Act, clause 18 of Schedule 10 to the Act is to be construed, in its application to an entitlement to which this clause applies, as if clause 18 (1) were replaced by the following subclause:

(1) An entitlement that, immediately before the appointed day, was in force under Division 4 of Part 2 of the 1912 Act is taken to have expired on that day and been replaced, to the extent to which it entitles a person or body to use water on the land to which it relates, by separate water use approvals for each person or body who is so entitled to use water under the entitlement immediately before the appointed day.

91      Nominated works

Pursuant to clause 1 of Schedule 9 to the Act, clause 26 of Schedule 10 to the Act is to be construed, in its application to a replacement water supply work approval arising from an entitlement referred to in clause 87 (c) of this Division, as if clause 26 (1) were replaced by the following subclauses:

(1)	Subject to subclause (1A), each work specified in a replacement water supply work approval is taken to have been nominated under section 71W in relation to each of the access licences numbered 7753, 7754 and 7755.
(1A)	Each work specified in a replacement water supply work approval arising from the entitlements under the former 1912 Act identified as 50SL046388, 50SL075257 and 50SL075258 is taken to have been nominated under section 71W in relation to each of the access licences numbered 21457, 7753, 7754 and 7755.

[5]      Schedule 5 Exemptions

Insert after clause 15:

15A Holders of certain approvals

(1) The holder of an approval arising from the entitlement referred to in clause 87 (a) of Schedule 4—in relation to the taking of any water from Bungaree Creek or Bingera Creek (as described in the entitlement).

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Water Management (General) Amendment Regulation 2012

Amendment of Water Management (General) Regulation 2011 Schedule 1

(2) The holder of an approval arising from an entitlement referred to in clause 87 (b) of Schedule 4—in relation to the taking of any water from a river to which the entitlement relates (as described in the entitlement).