Water Management (General) Amendment (Water Sharing Plans and Aquifer Interference) Regulation 2011 (NSW)

2011 No 678

New South Wales

Water Management (General)

Amendment (Water Sharing Plans and

Aquifer Interference) Regulation 2011

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 a new category of access licence to which Part 2 of Chapter 3 of the Water Management Act 2000 applies and to declare that type of licence to be a specific purpose access licence,
(b)	to prescribe a new subcategory of access licence,
(c)	to make provision with respect to entitlements under the Water Act 1912 that authorise the taking of water from certain water sources in the Border Rivers, Central West, Gwydir, Lachlan, Lower Murray Darling, Murray, Murrumbidgee, Namoi and Western Water Management Areas, being entitlements that are to become access licences to which Part 2 of Chapter 3 of the Water Management Act 2000 applies,
(d)	to extend the operation of transitional provisions retaining certain entitlements under the Water Act 1912 (to take water for the purpose of prospecting or fossicking for minerals or petroleum) so that those entitlements may be retained until 1 July 2012.

This Regulation is made under the Water Management Act 2000, including section 57 (1) (l) and (2), paragraph (e) of the definition of specific purpose access licence, section 400 (the general regulation-making power) and clause 1 of Schedule 9.

Published LW 16 December 2011	Page 1
2011 No 678	Water Management (General) Amendment (Water Sharing Plans and
Clause 1	Aquifer Interference) Regulation 2011

Water Management (General) Amendment (Water
Sharing Plans and Aquifer Interference) Regulation

2011

under the

Water Management Act 2000

1      Name of Regulation

This Regulation is the Water Management (General) Amendment
(Water Sharing Plans and Aquifer Interference) Regulation 2011.

2      Commencement

This Regulation commences on 16 January 2012 and is required to be published on the NSW legislation website.

Water Management (General) Amendment (Water Sharing Plans and	2011 No 678
Aquifer Interference) Regulation 2011
Amendment of Water Management (General) Regulation 2011	Schedule 1
Schedule 1	Amendment of Water Management (General) Regulation 2011

[1]      Clause 4 Categories of access licence

Insert after clause 4 (1) (i):

(j) salinity and water table management access licence.

[2]      Clause 5 Specific purpose access licences

Omit the clause. Insert instead:

5      Specific purpose access licences

For the purposes of paragraph (e) of the definition of specific purpose access licence in the Dictionary to the Act, each of the following types of access licence is declared to be a specific purpose access licence:

(a)	domestic and stock (conveyance) access licence,
(b)	salinity and water table management access licence.

[3]      Schedule 3 Categories and subcategories of licences

Insert “Storage” in alphabetical order in Column 2 opposite the category
“Supplementary water” in Column 1.

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

Insert after Division 15:

Division 16 Replacement access licences for certain
entitlements for the NSW Murray Darling
Basin Fractured Rock Groundwater Sources
(16 January 2012)

84E Application of Division

This Division applies to and in respect of the entitlements identified as licence numbers 40BL187027, 40BL187028, 40BL187029, 40BL187030, 40BL187031, 40BL187032, 40BL187033, 40BL187034 and 40BL187036 with respect to water sources to which the Water Sharing Plan for the NSW Murray Darling Basin Fractured Rock Groundwater Sources 2011 applies.

2011 No 678	Water Management (General) Amendment (Water Sharing Plans and Aquifer Interference) Regulation 2011
Schedule 1	Amendment of Water Management (General) Regulation 2011

84F	Salinity and water table management 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 84E 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 Salinity and water table management access licences

An entitlement referred to in clause 84E of Schedule 4 to the Water Management (General) Regulation 2011 is taken to have been replaced by a salinity and water table management 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 referred to in clause 84E of Schedule 4 to the Water Management (General) Regulation 2011.

[5]      Schedule 9 Savings, transitional and other provisions

Omit “1 February 2012” from clause 20 (1) (a) and (4) wherever occurring.
Insert instead “1 July 2012”.

[6]      Schedule 9, clause 20, note

Omit the note.