Water Management (General) Regulation 2004 (NSW)
This Regulation is the Water Management (General) Regulation 2004.
This Regulation commences on 1 July 2004.
In this Regulation:
(a) in relation to a category or subcategory of access licence to which Part 2 of Chapter 3 of the Act applies or an entitlement from which such an access licence arises, the day appointed under section 55A of the Act in relation to that category or subcategory of access licence, or
(b) in relation to a type or kind of approval to which Part 3 of Chapter 3 of the Act applies or an entitlement from which such an approval arises, the day appointed under section 88A of the Act in relation to that type or kind of approval.
Clause 9 of Schedule 10 to the Act provides that, in certain circumstances, the operation of those Parts is deferred in relation to particular entitlements.
(a) construction (category E),
(b) wholesale trade (category F),
(c) retail trade (category G),
(d) accommodation, cafes and restaurants (category H),
(e) communication services (category J),
(f) finance and insurance (category K),
(g) property and business services (category L),
(h) government administration and defence (category M),
(i) education (category N),
(j) health and community services (category O),
(k) cultural and recreational services (category P),
(l) personal and other services (category Q).
This definition replicates the definition of
This definition replicates the definition of
(a) a licence, permit, authority, irrigation corporation licence or group licence referred to in Part 2 of the former 1912 Act, or
(b) a right to take and use water referred to in section 38B of the former 1912 Act, or
(c) a licence referred to in Part 5 of the former 1912 Act, or
(d) an approval referred to in Part 8 of the former 1912 Act, or
(e) a water management licence under Part 9 of the former 1912 Act, or
(f) a permit under Part 3A of the former 1948 Act, or
(g) an irrigation corporation licence under the former 1994 Act, or
(h) any power under section 12 of the Water Administration Act 1986 or section 8 of the former 1912 Act that, immediately before the appointed day, was exercisable by any person pursuant to an agreement between that person and the Ministerial Corporation, or
(i) any right to take water from an unlicensed bore (being a bore constructed as referred to in section 112 (1) (b) of the former 1912 Act) that was in force immediately before the appointed day, or
(j) any arrangement that, immediately before 1 July 2004, was in force between a local council and the Ministerial Corporation, or
(k) any other right, interest, privilege, permission or authority that is declared by this Regulation to be an entitlement for the purposes of this clause.
This definition replicates the definition of
This definition replicates the definition of
For the purposes of paragraph (k) of the definition of
Notes and examples in the text of this Regulation do not form part of this Regulation.
Any person who, immediately before 1 July 2004, was taking or using water by means of a work identified in either of the Schedules to the Amnesty Document is exempt from sections 341 (1), 342 (1) and 343 (1) of the Act and so may continue to take and use water by means of that work without the need for a water supply work approval for the work, an access licence for water taken by means of the work or a water use approval for the use of the water so taken.
The exemption conferred on a person by subclause (1):
(a) applies only while the person complies with such of the conditions set out in the Amnesty Document as are applicable to the work concerned, and
(b) ceases to have effect on 30 September 2005.
In this clause,
This clause applies to the following kinds of water supply work whose construction had been completed before 1 January 1999 (
(a) impounding works that exceed the maximum capacity allowed by any relevant order in force under section 54 of the Act,
(b) dams and other works on rivers or lakes:
(i) constructed for landholders by a government agency, or
(ii) constructed by landholders with the approval of a government agency, or
(iii) constructed by landholders, where the works did not require a licence under Part 2 of the former 1912 Act under the then Government policy,
other than dams or other works that are also flood works,
(c) works taking water, at a rate of not more than 5 megalitres per year, from rivers for the purposes of farming, washdowns, fruit and vegetable spraying or washing, or livestock shed cooling,
(d) works previously exempted from the operation of Part 2 of the former 1912 Act by section 7 (1) of the Hunter Valley Flood Mitigation Act 1956.
Clause 32 does not apply so as to require an application for a water supply work approval for a pre-1999 existing work to be advertised as referred to in section 92 of the Act.
Section 94 of the Act does not apply so as to require:
(a) an application for a water supply work approval for a pre-1999 existing work to be referred to a Commission of Inquiry, or
(b) a decision on such an application to be made having regard to a Commission of Inquiry’s report into the application.
For the purposes of section 112 (1) (d) of the Act, an application for a water supply work approval for a pre-1999 existing work is prescribed as an application to which an embargo under section 110 or 111 of the Act does not apply.
Despite section 61 (1) (a) of the Act, the owner of a pre-1999 existing work may apply to the Minister for any category or subcategory of access licence for water taken by means of that work.
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.
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.
In this clause,
On the commencement of this clause, each Minister’s plan referred to in Schedule 2 is amended, in relation only to those references that relate to provisions of the Water Management Act 2000:
(a) by omitting the matter “section 42 (2)”, wherever occurring, and by inserting instead the matter “section 45 (1) (b)”, and
(b) by omitting the matter “section 71A”, wherever occurring, and by inserting instead the matter “section 71M”, and
(c) by omitting the matter “section 71B”, “section 71C”, “section 71D”, “section 71E”, “section 71F”, “section 71G”, “section 71H”, “section 71I”, “section 71J”, “section 71K” and “section 71L”, wherever occurring, and by inserting instead the matter “section 71O”, “section 71P”, “section 71Q”, “section 71R”, “section 71S”, “section 71T”, “section 71U”, “section 71V”, “section 71W”, “section 71Y” and “section 71Z” respectively.
On the commencement of this clause each Minister’s plan referred to in Schedule 2 is amended by omitting the words “environmental health water” and “supplementary environmental water” wherever occurring and by inserting instead the words “planned environmental water”.
For the purposes of section 57 (1) (l) of the Act, each of the following categories of access licence are prescribed:
(a) Murrumbidgee Irrigation (conveyance) access licence,
(b) Coleambally Irrigation (conveyance) access licence,
(c) floodplain harvesting access licence,
(d) domestic and stock (conveyance) access licence,
(e) unregulated river (high flow) access licence,
(f) regulated river (general security—A class) access licence,
(g) regulated river (general security—B class) access licence,
(h) aquifer (general security) access licence.
For the purposes of section 57 (2) of the Act, each subcategory specified in Column 2 of Schedule 3 in relation to a category of access licence referred to in Column 1 of that Schedule is a prescribed subcategory of the category so referred to.
A domestic and stock (conveyance) access licence is declared to be a specific purpose access licence.
See paragraph (e) of the definition of
The following priorities are to be observed in relation to the access licences referred to in section 58 (1) (c) of the Act:
(a) regulated river (conveyance) access licences, Murrumbidgee Irrigation (conveyance) access licences and Coleambally Irrigation (conveyance) access licences:
(i) have equal priority with each other, and
(ii) have priority over access licences referred to in paragraph (b),
(b) all other access licences referred to in section 58 (1) (c) of the Act have equal priority with each other.
Any subcategory of access licence has equal priority with the access licence of which it is a subcategory and with any other subcategory of that licence.
For the purposes of section 59 (2) of the Act, an available water determination referred to in section 59 (1) (a) of the Act is to be published on the Department’s website.
An available water determination so published must be retained on the Department’s website until the end of the water year to which it relates.
Section 367 (1) (e) of the Act enables the Ministerial Corporation to issue an evidentiary certificate as to the terms of any particular available water determination.
For the purposes of section 70 (1) of the Act, an order authorising the taking of water pursuant to a supplementary water access licence is to be published on the internet website of the NSW Office of Water.
The internet website of the NSW Office of Water is depth="3" number="11"> An application under Part 2 of Chapter 3 of the Act: must be in the approved form, and must be signed or otherwise authenticated by each party to the application, and must be accompanied by, or make provision for the payment of, the fee payable under section 114 of the Act in relation to the application, and must be lodged at, or sent by post to, an office of the Department. An application is incomplete unless it includes, or is accompanied by, all information required by the approved form. Among other things, certain approved forms relating to dealings require information as to the price paid for water pursuant to the dealing. This clause does not apply to an application for the recording of any matter in the Access Register under section 71A of the Act. For the purposes of section 71A (1) (h) of the Act, the matters to be recorded in the General Division of the Access Register include any memorandum of terms and conditions: that is lodged with the Minister by the holder, or prospective holder, of a security interest, and that is, or is intended to be, adopted by or incorporated in an instrument evidencing the existence of a security interest, as referred to in section 71D (1) (a) of the Act. For the purposes of section 71A (2) (b) of the Act, the matters to be recorded in the Assignment Division of the Access Register include any agreement in the approved form that is signed by all the holders of an access licence and is submitted to the Minister, being an agreement that the person or persons specified in the agreement may, on behalf of the holders of the access licence, apply for an assignment dealing.
For the purposes of section 71X of the Act, a notice referred to in subsection (1) (b) of that section with respect to an access licence to be transferred as a consequence of a default in the payment of a debt or performance of some other obligation under a contract or other legally enforceable arrangement secured by a security interest:
(a) must indicate:
(i) that it is a notice under that section, and
(ii) that the holder or co-holder of the licence is in default under the contract or arrangement, as specified in the notice, and
(iii) that steps that must be taken by the holder or co-holder of the licence to rectify the default, as specified in the notice, and
(iv) that, if those steps are not taken within 30 days after service of the notice, the access licence may be transferred pursuant to that section,
(b) must be served on a person in a manner in which a document may be served on a person under section 170 of the Conveyancing Act 1919.
For the purposes of section 77A (3) of the Act, the following criteria are prescribed as criteria that the Minister must consider when determining whether the purpose for which a specific purpose access licence was granted no longer exists:
(a) in the case of an access licence for the supply of water to a location in relation to any activity, whether that activity is still continued at that location or still requires a supply of water,
(b) in the case of an access licence for the supply of water to a town or community or to some other location for domestic purposes, whether anyone still resides in that town or community or at that location,
(c) in the case of an access licence for the supply of water to a location for stock purposes, whether there is still any stock at that location,
(d) in the case of an access licence for the supply of water for any purpose from any water source, whether the water previously supplied for that purpose from that water source is now supplied from some other water source.
The following particulars must be recorded in the register of available water determinations kept under section 84 of the Act in relation to each available water determination made under section 59 of the Act:
(a) the terms of the determination,
(b) the date on which it was made,
(c) the water source or sources (or the parts of the water source or sources) to which it applies,
(d) in the case of a determination referred to in section 59 (1) (a) of the Act, the categories or subcategories of access licence to which it applies,
(e) in the case of a determination referred to in section 59 (1) (b) of the Act, the individual access licences to which it applies.
For the purposes of section 84 (3) of the Act, the following places are prescribed as places at which the register of available water determinations is to be made available for public inspection:
(a) the head office of the Department,
(b) each regional office of the Department.
Water allocations are to be debited from an access licence’s water allocation account:
(a) except as provided by paragraph (b), whenever water is taken by means of any of the access licence’s nominated water supply works, or
(b) if the relevant water sharing plan so provides, whenever water is ordered in relation to any of the access licence’s nominated water supply works.
If a water supply work is nominated in relation to two or more access licences, water allocations taken by means of, or ordered in relation to, the work are to be debited from the water allocation accounts for those access licences:
(a) to the extent to which the relevant water sharing provisions of a management plan establish priorities in that regard, in accordance with the priorities so established, and
(b) to the extent to which the relevant water sharing provisions of a management plan do not establish priorities in that regard:
(i) subject to subparagraph (ii), as nominated by the holder of the access licences concerned or, if the access licences are held by different people, as nominated jointly by the holders, or
(ii) if no such nomination is made or if such a nomination is incapable of being implemented, as determined by the Minister.
Water allocations that arise during one accounting year may be carried over to the following accounting year, but only to the extent to which the relevant water management plan so provides.
Subclause (3) is not limited or otherwise affected by any order in force under section 60 (2) of the Act.
For the purposes of subclause (3),
A claim under section 87 of the Act:
(a) must be in the approved form, and
(b) must be signed or otherwise authenticated by the claimant, and
(c) must be lodged at, or sent by post to, an office of the Department.
A claim is incomplete unless it includes, or is accompanied by, all information required by the approved form.
The following persons are exempt from sections 60A (1) and (2), 60C (1)–(4) and 60D of the Act in relation to the taking of water from a water source:
(a) a roads authority (within the meaning of the Roads Act 1993), in relation to water required for road construction and road maintenance,
(b) any person lawfully engaged in the carriage of water for use for drought relief, in relation to water required for that purpose,
(c) any person lawfully engaged in the use of water for dust suppression,
(d) any person lawfully engaged in the hydrostatic testing of gas pipelines, in relation to water required for that purpose,
(e) any person lawfully engaged in prospecting or fossicking for minerals or petroleum under the Mining Act 1992 or the Petroleum (Onshore) Act 1991, in relation to:
(i) the taking of water required for such prospecting or fossicking pursuant to a lease, licence, mineral claim or environmental assessment permit under the Mining Act 1992 or a petroleum title under the Petroleum (Onshore) Act 1991 (an
authority ), up to a maximum of 3 megalitres for all such prospecting or fossicking pursuant to each such authority in any water year, and(ii) the taking of up to 3 megalitres of water required for all other such prospecting or fossicking in any water year,
(f) any landholder, in relation to water required for the purpose of generating electricity for use for domestic consumption on that land (but only if the water is returned to the water source from which it was taken),
(g) any person lawfully engaged in the testing of a bore, in relation to water used for that purpose during the week following completion of the bore’s construction,
(h) any person lawfully engaged in the operation of a hydro-electric power station in connection with a water supply work owned by the Ministerial Corporation,
(i) all persons, in relation to the taking of water from or by means of an excluded work,
(j) any person taking water from an artificial channel where:
(i) the water is taken only for the purpose of watering to establish agricultural plantings of sugar cane, and
(ii) the volume of water taken does not exceed 0.05ML per hectare of land on which sugar cane is being established in any continuous 12-month period, and
(iii) the channel was constructed for the primary purpose of draining water from land on which sugar cane is grown, and
(iv) the channel does not have banks that are above ground level, and
(v) the channel is located in an area to which one of the following plans applies:
(A) the Water Sharing Plan for the Tweed River Area Unregulated and Alluvial Water Sources 2010,
(B) the Water Sharing Plan for the Richmond River Area Unregulated, Regulated and Alluvial Water Sources 2010, and
(iv) any work used to take the water is not fixed to the land.
The use of a water supply work for the purpose of taking any such water may still require a water supply work approval under Part 3 of Chapter 3 of the Act.
A person exempted under subclause (1) is also exempted from any mandatory conditions relating to access licences that are imposed on a water supply work approval.
(Repealed)
For the purposes of section 61 (1) (a) of the Act, an application for the following categories and subcategories of specific purpose access licence may be made, but only for the following purposes:
(a) a local water utility access licence (subcategory “domestic and commercial”), for the purpose of domestic consumption and commercial activities,
(b) a domestic and stock access licence (subcategory “domestic”), for the purpose of domestic consumption,
(c) an unregulated river access licence (subcategory “town water supply”), for the purpose of supply to communities for domestic consumption and commercial activities,
(d) a regulated river (high security) access licence (subcategory “town water supply”), for the purpose of supply to communities for domestic consumption and commercial activities,
(e) an aquifer access licence (subcategory “town water supply”), for the purpose of supply to communities for domestic consumption and commercial activities,
(f) any category of specific purpose access licence (subcategory “Aboriginal cultural”), for Aboriginal cultural purposes.
An access licence for which an application may be made under section 61 (1) of the Act, or under clause 5 (5) of this Regulation, is exempt from the operation of section 63 (2) (a) of the Act.
The following are exempt from the requirements of section 71L (1) (c) of the Act:
(a) the grant of a single access licence arising from an application under section 71U of the Act for the grant of an access licence to give effect to the transfer into the State of an interstate equivalent of an access licence together with an application under section 71P of the Act for consolidation of that licence with another licence,
(b) an increase in the share or extraction component of an access licence in connection with the assignment of rights under section 71Q of the Act.
Clause 2 (3) (b) of Schedule 1A to the Act does not apply in respect of any dealing other than a grant or cancellation of an access licence to give effect to an interstate transfer of an access licence (as referred to in section 71U of the Act).
A person claiming a security interest in a replacement access licence is exempt from the requirement of clause 19 (5) (d) of Schedule 10 to the Act that the person advise the holder of the licence of the existence of the security interest claimed and give written notice of the advice to the Director-General, but only if the licence holder requests the Director-General, in writing, to register the security interest.
On 1 July 2004, a section 18 entitlement or section 20B entitlement with respect to the Gwydir is taken to have been replaced by a supplementary water access licence with a share component calculated in accordance with the following formula:
where:
On 1 July 2004, a general security entitlement with respect to the Gwydir is taken to have been replaced not only by the relevant access licence referred to in Schedule 11 to the Act but also by a supplementary water access licence with a share component calculated in accordance with the following formula:
where:
In this clause, a reference to the Gwydir is a reference to the Gwydir regulated river water source identified in the Water Sharing Plan for the Gwydir Regulated River Water Source 2002, as in force on 1 July 2004.
On 1 July 2004, the entitlement identified as 20MW000021 with respect to the Hunter is taken to have been replaced not only by the relevant access licence referred to in Schedule 11 to the Act but also by a supplementary water access licence with a share component of 36,000 megalitres.
On 1 July 2004, a general security entitlement with respect to the Hunter (other than the entitlement referred to in subclause (1)) is taken to have been replaced not only by the relevant access licence referred to in Schedule 11 to the Act but also by a supplementary water access licence with a share component equivalent to the greater of the following:
(a) the greatest volume of water (in megalitres) taken in excess of the volume authorised by the entitlement in any water year between 1 July 1993 and 30 June 2000,
(b) the greatest volume of water (in megalitres) taken pursuant to a relevant section 20AA direction in any water year between 1 July 1993 and 30 June 1998.
In this clause, a reference to the Hunter is a reference to the Hunter regulated river water source identified in the Water Sharing Plan for the Hunter Regulated River Water Source 2004, as in force on 1 July 2004.
On 1 July 2004, a general security entitlement with respect to the Lower Darling is taken to have been replaced not only by the relevant access licence referred to in Schedule 11 to the Act but also by a supplementary water access licence with a share component calculated in accordance with the following formula:
where:
In this clause, a reference to the Lower Darling is a reference to the Lower Darling regulated river water source identified in the Water Sharing Plan for the Murray and Lower Darling Regulated Rivers Water Sources 2003, as in force on 1 July 2004.
On 1 July 2004, a section 18 entitlement or section 20B entitlement with respect to the Lower Namoi is taken to have been replaced by a supplementary water access licence with a share component calculated as follows:
(a) if D is equal to or greater than G, in accordance with the following formula:
(b) if D is less than G, in accordance with whichever of the following formulae yield the lesser volume:
where:
(a) the greatest volume of water taken pursuant to the entitlement in any water year between 1 July 1990 and 30 June 2001, and
(b) one megalitre per hectare of the authorised area in relation to the entitlement.
On 1 July 2004, a general security entitlement with respect to the Lower Namoi is taken to have been replaced not only by the relevant access licence referred to in Schedule 11 to the Act but also by a supplementary water access licence with a share component calculated as follows:
(a) if the holder of the general security entitlement:
(i) is not also the holder of a section 18 entitlement or section 20B entitlement, or
(ii) is also the holder of a section 18 entitlement or section 20B entitlement and D is equal to or greater than G,
in accordance with the following formula:
(b) if the holder of the general security entitlement is also the holder of a section 18 entitlement or section 20B entitlement and D is less than G, in accordance with the following formula:
where:
(a) the greatest volume of water taken pursuant to the relevant section 20AA direction in any water year between 1 July 1990 and 30 June 2001, and
(b) one megalitre per hectare of the authorised area in relation to the general security entitlement.
For the purposes of this clause, a section 18 entitlement or section 20B entitlement and a general security entitlement are
In this clause, a reference to the Lower Namoi is a reference to the Lower Namoi regulated river water source identified in the Water Sharing Plan for the Upper Namoi and Lower Namoi Regulated River Water Sources 2003, as in force on 1 July 2004.
On 1 July 2004, a section 18 entitlement or section 20B entitlement with respect to the Macquarie and Cudgegong is taken to have been replaced by a supplementary water access licence with a share component calculated in accordance with the following formula:
where:
On 1 July 2004, a general security entitlement with respect to the Macquarie and Cudgegong is taken to have been replaced not only by the relevant access licence referred to in Schedule 11 to the Act but also by a supplementary water access licence with a share component calculated in accordance with the following formula:
where:
In this clause, references to the Macquarie and Cudgegong are references to the Macquarie and Cudgegong regulated river water sources identified in the Water Sharing Plan for the Macquarie and Cudgegong Regulated Rivers Water Source 2003, as in force on 1 July 2004.
On 1 July 2004, each entitlement with respect to the Murray referred to in Column 1 of Part 2 of Schedule 4 is taken to have been replaced not only by the relevant access licence referred to in Schedule 11 to the Act but also by a supplementary water access licence with a share component equivalent to the volume of water (expressed in megalitres) specified in Column 2 of Schedule 4 with respect to that entitlement.
In this clause, a reference to the Murray is a reference to the Murray regulated river water source identified in the Water Sharing Plan for the Murray and Lower Darling Regulated Rivers Water Sources 2003, as in force on 1 July 2004.
Each person who, as at the commencement of this subclause, is a member of the Eagle Creek Pumping Syndicate Incorporated (INC 9890882) is taken to have the same rights under the following access licences, namely WAL 14879, WAL 14880 and WAL 14881, as that person, or that person’s predecessor in title, had as at 1 July 2004.
Subclause (3) applies:
(a) whether or not the access licences referred to in that subclause have been issued, and
(b) whether or not any transfers under section 71M of the Act have been registered in the Access Register in relation to those access licences.
On 1 July 2004, each entitlement with respect to the Murrumbidgee referred to in Column 1 of Part 1 of Schedule 4 is taken to have been replaced not only by the relevant access licence referred to in Schedule 11 to the Act but also by a supplementary water access licence with a share component equivalent to the volume of water (expressed in megalitres) specified in Column 2 of Schedule 4 with respect to that entitlement.
On the commencement of this subclause, the entitlement identified as licence number 40SL025182H under the former 1912 Act is taken to have been replaced by a supplementary water access licence with a share component equivalent to a volume of water of 5,943 megalitres.
In this clause, a reference to the Murrumbidgee is a reference to the Murrumbidgee regulated river water source identified in the Water Sharing Plan for the Murrumbidgee Regulated River Water Source 2003, as in force on 1 July 2004.
A general security entitlement is not replaced by a supplementary water access licence if the share component for such a licence, calculated in accordance with this Division, would be zero.
A supplementary water access licence that has replaced a general security entitlement is subject to such conditions, not inconsistent with any mandatory conditions referred to in clause 20 of Schedule 10 to the Act, as were most recently applicable to the taking and use of water under the entitlement.
This clause applies to any 1 July 2004 access licence for which particulars were first recorded in the Access Register on or after 1 July 2006, other than:
(a) a domestic and stock access licence, or
(b) an access licence for which an access licence certificate has been issued, whether before or after the commencement of this clause, or
(c) an access licence for which an access licence certificate has not been issued, but on which there is a notation to the effect that dealings in the licence may be recorded in the Access Register.
This clause also applies to the following 1 July 2004 access licences, namely, the licences numbered 7593, 7770, 7793, 7799, 7800, 7952, 7960, 7961, 7983, 7984, 8184, 8278, 8285, 8311, 8312 and 8367.
Pursuant to clause 1 of Schedule 9 to the Act, clause 19 of Schedule 10 to the Act is to be construed, in its application to an access licence to which this clause applies, as if the reference in clause 19 (11) to 36 months were a reference to:
(a) except as provided by paragraphs (b), (c) and (d), 48 months or,
(b) in the case of an access licence arising from an entitlement referred to in Schedule 4AA (other than one referred to in paragraph (c) or (d)), 60 months, or
(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.
In this clause,
This Division applies to and in respect of each Part 5 entitlement referred to in Column 1 of Schedule 4A, and to and in respect of each access licence arising from any such entitlement, but not to any other entitlement or access licence.
This clause applies for the purposes of clause 3 (1) (a), and clause 8, of Schedule 10 to the Act.
On 1 October 2006, a Part 5 entitlement (or group of Part 5 entitlements) referred to in Column 1 of Schedule 4A is taken to have been replaced:
(a) by an aquifer access licence with a share component of the volume specified in Column 2 of that Schedule, and
(b) if a volume is specified in Column 3 of that Schedule, by a supplementary water access licence with a share component of the volume so specified.
Despite subclause (2), Schedule 4A (as inserted in this Regulation by the Water Management (General) Amendment Regulation 2006) is to be read as if:
(a) the share component volumes specified in Columns 2 and 3 in relation to Part 5 entitlement 90BL030236 in Column 1 were 163 and 83, respectively, instead of 88 and 11, and
(b) the share component volume specified in Column 2 in relation to Part 5 entitlement 90BL247500 in Column 1 were 167 instead of 111.
Subclause (2A) is taken to have commenced on 1 October 2006.
Part 5 entitlement 50BL196431 is taken also to have been replaced by a domestic and stock [Stock] access licence with a share component of a volume of 324 megalitres.
Subclause (2C) is taken to have commenced on 1 October 2006.
The volumes specified in Columns 2 and 3 of Schedule 4A in relation to any Part 5 entitlement (or group of Part 5 entitlements) have been calculated in accordance with whichever of the following methodologies is relevant to that entitlement or group of entitlements:
(a) in the case of entitlements relating to the Lower Gwydir Groundwater Source within the meaning of the Water Sharing Plan for the Lower Gwydir Groundwater Source 2003, the methodology set out in clauses 25C and 25D of that plan,
(b) in the case of entitlements relating to the Lower Macquarie Groundwater Sources within the meaning of the Water Sharing Plan for the Lower Macquarie Groundwater Sources 2003, the methodology set out in clauses 25C and 25D of that plan,
(c) in the case of entitlements relating to the Lower Murrumbidgee Groundwater Sources within the meaning of the Water Sharing Plan for the Lower Murrumbidgee Groundwater Sources 2003, the methodology set out in clauses 25C and 25D of that plan.
Pursuant to clause 1 of Schedule 9 to the Act, clause 19 of Schedule 10 to the Act is to be construed as if:
(a) the reference in clause 19 (5) to the commencement of Part 2 of Schedule 10 to the Act were a reference to 1 October 2006, and
(b) the reference in clause 19 (5) (a) to replacement access licences were a reference to replacement access licences arising under clause 29B in relation to the water sources referred to in Schedule 4A.
Pursuant to clause 1 of Schedule 9 to the Act, the following subclauses are taken to be inserted after clause 19 (10):
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 October 2006, registered under the Real Property Act 1900 or under the Corporations Act 2001 of the Commonwealth.
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.
Pursuant to clause 1 of Schedule 9 to the Act, clause 23 of Schedule 10 to the Act is taken to have been replaced by the following clause:
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.
Pursuant to clause 1 of Schedule 9 to the Act, clause 25 of Schedule 10 to the Act is to be construed as if clause 25 (4) were replaced by the following subclause:
The water allocations for a replacement access licence are to be adjusted as required by the accounting practices applicable for the time being to water allocation accounts, except that no such adjustment arising from water taken before 1 October 2006 is to be made after 30 June 2008.
This Division applies to and in respect of each Part 5 entitlement referred to in Column 1 of Schedule 4B, and to and in respect of each access licence arising from any such entitlement, but not to any other entitlement or access licence.
This clause applies for the purposes of clause 3 (1) (a), and clause 8, of Schedule 10 to the Act.
On 1 November 2006, a Part 5 entitlement (or group of Part 5 entitlements) referred to in Column 1 of Schedule 4B is taken to have been replaced:
(a) by an aquifer access licence with a share component of the volume specified in Column 2 of that Schedule, and
(b) if a volume is specified in Column 3 of that Schedule, by a supplementary water access licence with a share component of the volume so specified.
The volumes specified in Columns 2 and 3 of Schedule 4B in relation to any Part 5 entitlement (or group of Part 5 entitlements) have been calculated in accordance with the methodology set out in clauses 27 and 28 of the Water Sharing Plan for the Lower Murray Groundwater Source 2006.
Pursuant to clause 1 of Schedule 9 to the Act, clause 19 of Schedule 10 to the Act is to be construed as if:
(a) the reference in clause 19 (5) to the commencement of Part 2 of Schedule 10 to the Act were a reference to 1 November 2006, and
(b) the reference in clause 19 (5) (a) to replacement access licences were a reference to replacement access licences arising under clause 29G in relation to the water sources referred to in Schedule 4B.
Pursuant to clause 1 of Schedule 9 to the Act, the following subclauses are taken to be inserted after clause 19 (10):
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 November 2006, registered under the Real Property Act 1900 or under the Corporations Act 2001 of the Commonwealth.
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.
Pursuant to clause 1 of Schedule 9 to the Act, clause 23 of Schedule 10 to the Act is taken to have been replaced by the following clause:
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.
Pursuant to clause 1 of Schedule 9 to the Act, clause 25 of Schedule 10 to the Act is to be construed as if clause 25 (4) were replaced by the following subclause:
The water allocations for a replacement access licence are to be adjusted as required by the accounting practices applicable for the time being to water allocation accounts, except that no such adjustment arising from water taken before 1 November 2006 is to be made after 30 June 2008.
This Division applies to and in respect of each Part 5 entitlement referred to in Column 1 of Schedule 4C, and to and in respect of each access licence arising from any such entitlement, but not to any other entitlement or access licence.
This clause applies for the purposes of clause 3 (1) (a), and clause 8, of Schedule 10 to the Act.
On 1 November 2006, a Part 5 entitlement (or group of Part 5 entitlements) referred to in Column 1 of Schedule 4C is taken to have been replaced:
(a) by an aquifer access licence with a share component of the volume specified in Column 2 of that Schedule, and
(b) if a volume is specified in Column 3 of that Schedule, by a supplementary water access licence with a share component of the volume so specified.
The volumes specified in Columns 2 and 3 of Schedule 4B in relation to any Part 5 entitlement (or group of Part 5 entitlements) have been calculated in accordance with the methodology set out in clauses 25C and 25D of the Water Sharing Plan for the Upper and Lower Namoi Groundwater Sources 2003.
Pursuant to clause 1 of Schedule 9 to the Act, clause 19 of Schedule 10 to the Act is to be construed as if:
(a) the reference in clause 19 (5) to the commencement of Part 2 of Schedule 10 to the Act were a reference to 1 November 2006, and
(b) the reference in clause 19 (5) (a) to replacement access licences were a reference to replacement access licences arising under clause 29L in relation to the water sources referred to in Schedule 4B.
Pursuant to clause 1 of Schedule 9 to the Act, the following subclauses are taken to be inserted after clause 19 (10):
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 November 2006, registered under the Real Property Act 1900 or under the Corporations Act 2001 of the Commonwealth.
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.
Pursuant to clause 1 of Schedule 9 to the Act, clause 23 of Schedule 10 to the Act is taken to have been replaced by the following clause:
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.
Pursuant to clause 1 of Schedule 9 to the Act, clause 25 of Schedule 10 to the Act is to be construed as if clause 25 (4) were replaced by the following subclause:
The water allocations for a replacement access licence are to be adjusted as required by the accounting practices applicable for the time being to water allocation accounts, except that no such adjustment arising from water taken before 1 November 2006 is to be made after 30 June 2008.
On 1 July 2007, each section 18 entitlement and section 20B entitlement with respect to the Paterson is taken to have been replaced not only by the relevant access licence referred to in Schedule 11 to the Act but also by a supplementary water access licence with a share component equivalent to the greater of the following:
(a) the greatest volume of water (in megalitres) taken in excess of the volume authorised by the entitlement in any water year between 1 July 1995 and 30 June 2005,
(b) the greatest volume of water (in megalitres) taken pursuant to a relevant section 20AA direction in any water year between 1 July 1995 and 30 June 2005.
In this clause, a reference to the Paterson is a reference to the Paterson regulated river water source identified in the Water Sharing Plan for the Paterson Regulated River Water Source 2007, as in force on 1 July 2007.
This Division applies to and in respect of each Part 5 entitlement referred to in Column 1 of Schedule 4D, and to and in respect of each access licence arising from any such entitlement, but not to any other entitlement or access licence.
This clause applies for the purposes of clause 3 (1) (a), and clause 8, of Schedule 10 to the Act.
On 1 February 2008, a Part 5 entitlement (or group of Part 5 entitlements) referred to in Column 1 of Schedule 4D is taken to have been replaced:
(a) by an aquifer access licence with a share component of the volume specified in Column 2 of that Schedule, and
(b) if a volume is specified in Column 3 of that Schedule, by a supplementary water access licence with a share component of the volume so specified.
The volumes specified in Columns 2 and 3 of Schedule 4D in relation to any Part 5 entitlement (or group of Part 5 entitlements) have been calculated in accordance with the methodology set out in clauses 25C and 25D of the Water Sharing Plan for the Lower Lachlan Groundwater Source 2003.
Pursuant to clause 1 of Schedule 9 to the Act, clause 19 of Schedule 10 to the Act is to be construed as if:
(a) the reference in clause 19 (5) to the commencement of Part 2 of Schedule 10 to the Act were a reference to 1 February 2008, and
(b) the reference in clause 19 (5) (a) to replacement access licences were a reference to replacement access licences arising under clause 29R in relation to the water sources referred to in Schedule 4D.
Pursuant to clause 1 of Schedule 9 to the Act, the following subclauses are taken to be inserted after clause 19 (10):
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 February 2008, registered under the Real Property Act 1900 or under the Corporations Act 2001 of the Commonwealth.
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.
Pursuant to clause 1 of Schedule 9 to the Act, clause 23 of Schedule 10 to the Act is taken to have been replaced by the following clause:
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.
Pursuant to clause 1 of Schedule 9 to the Act, clause 25 of Schedule 10 to the Act is to be construed as if clause 25 (4) were replaced by the following subclause:
The water allocations for a replacement access licence are to be adjusted as required by the accounting practices applicable for the time being to water allocation accounts, except that no such adjustment arising from water taken before 1 February 2008 is to be made after 30 June 2009.
This Division applies to and in respect of each entitlement with respect to:
(a) the Bellinger River Area Unregulated and Alluvial Water Sources (identified in the Water Sharing Plan for the Bellinger River Area Unregulated and Alluvial Water Sources 2008), or
(b) the Great Artesian Basin Groundwater Sources (identified in the Water Sharing Plan for the NSW Great Artesian Basin Groundwater Sources 2008),
and to and in respect of each access licence arising from any such entitlement.
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 2008, and
Pursuant to clause 1 of Schedule 9 to the Act, the following subclauses are taken to be inserted after clause 19 (10):
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.
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.
Pursuant to clause 1 of Schedule 9 to the Act, clause 23 of Schedule 10 to the Act is taken to have been replaced by the following clause:
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.
This Division applies to and in respect of:
(a) each entitlement with respect to the NSW Border Rivers, and
(b) each access licence arising from any such entitlement.
In this Division, a reference to the
On 1 July 2009, an A or B component entitlement is taken to have been replaced not only by the relevant access licence referred to in Schedule 11 to the Act but also by a supplementary water access licence with a share component calculated in accordance with the following formula:
where:
(a) the volume of water for A component irrigation, and
(b) the volume or water for B component irrigation,
as authorised by the A or B component entitlement immediately before 1 July 2009.
In this clause:
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 2009.
Pursuant to clause 1 of Schedule 9 to the Act, the following subclauses are taken to be inserted after clause 19 (10) of Schedule 10:
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 2009, registered under the Real Property Act 1900 or under the Corporations Act 2001 of the Commonwealth.
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.
Pursuant to clause 1 of Schedule 9 to the Act, clause 23 of Schedule 10 to the Act is taken to have been replaced by the following clause:
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.
This Division applies to and in respect of each entitlement with respect to:
(a) the Hunter Unregulated and Alluvial Water Sources (identified in the Water Sharing Plan for the Hunter Unregulated and Alluvial Water Sources 2009), or
(b) the Lower North Coast Unregulated and Alluvial Water Sources (identified in the Water Sharing Plan for the Lower North Coast Unregulated and Alluvial Water Sources 2009), or
(c) the Coffs Harbour Area Unregulated and Alluvial Water Sources (identified in the Water Sharing Plan for the Coffs Harbour Area Unregulated and Alluvial Water Sources 2009), or
(d) the Central Coast Unregulated Water Sources (identified in the Water Sharing Plan for the Central Coast Unregulated Water Sources 2009),
and to and in respect of each access licence arising from any such entitlement.
In this Subdivision:
(a) the Wallis Creek Tidal Pool Water Source, the Paterson River Tidal Pool Water Source or the Hunter River Tidal Pool Water Source (each within the meaning of the Water Sharing Plan for the Hunter Unregulated and Alluvial Water Sources 2009), or
(b) the Manning River Tidal Pool Water Source (within the meaning of the Water Sharing Plan for the Lower North Coast Unregulated and Alluvial Water Sources 2009).
All persons are exempt from:
(a) sections 60A (1) and (2), 60C (1)–(4) and 60D of the Act in relation to the taking of tidal pool water, and
(b) section 91A (1) of the Act in relation to the use of tidal pool water, and
(c) section 91B (1) of the Act in relation to:
(i) the use of any water supply work by which tidal pool water is taken (being a water supply work constructed before 1 August 2009), and
(ii) the maintenance and repair of any such work,
for the period between 1 August 2009 and 31 July 2010 (inclusive).
Subclause (1) ceases to apply to a person in relation to land when the person is given notice under clause 29ZF of the terms and conditions of the person’s replacement access licence for the land.
The Minister may in a particular case by notice in writing to a landholder of eligible land extend the period of the exemption conferred by subclause (1) in its application to the landholder if the Minister is satisfied that the extension is necessary to enable the Minister to establish the landholder’s confirmed history of water usage.
A landholder of eligible land in respect of which there is a confirmed history of water usage is taken to hold an access licence (a
(a) terms identifying:
(i) the category or subcategory of the licence, as determined by clause 29ZG, and
(ii) the share component of the licence, as determined by clause 29ZH or 29ZI, as the case requires, and
(b) the mandatory conditions referable to an access licence of the category or subcategory referred to in paragraph (a) (i).
A replacement access licence does not operate (and has no force or effect) until the Minister notifies the licence holder in writing of the terms and conditions of the licence referred to in subclause (1).
For the purpose of establishing the confirmed history of water usage for any eligible land, the Minister may require the landholder to furnish information relevant to that purpose.
The Minister is not required to issue a notice under subclause (2) if he or she is not satisfied that a confirmed history of water usage for eligible land has been established, whether because the landholder has failed to comply with a requirement under subclause (3) or otherwise.
This Subdivision does not operate:
(a) to create a domestic and stock access licence (or an access licence of a subcategory of a domestic and stock access licence) in relation to land if:
(i) the land has frontage to a tidal pool water source, or
(ii) the share component of the licence, as determined by clause 29ZH, would be zero or negative, or
(b) to create an unregulated river access licence (or an access licence of a subcategory of an unregulated river access licence) if the share component of the licence, as determined by clause 29ZI, would be zero or negative.
Because it is an access licence, a replacement access licence can be suspended, cancelled or compulsorily acquired under Division 6 of Part 2 of Chapter 3 of the Act, and discretionary conditions can be imposed under section 66. The licence holder will need to apply for any necessary water use approvals and water supply work approvals if he or she intends to take or use water under the authority of a replacement access licence.
A replacement access licence is to be:
(a) to the extent to which the confirmed history of water usage for the land indicates that tidal pool water has been used for domestic consumption or stock watering:
(i) if the water has been used for both domestic consumption and stock watering, a domestic and stock access licence, or
(ii) if the water has been used for domestic consumption only, a domestic and stock [domestic] access licence, or
(iii) if the water has been used for stock watering only, a domestic and stock [stock] access licence, and
(b) to the extent to which the confirmed history of water usage for the land indicates that tidal pool water has been used otherwise than for domestic consumption or stock watering:
(i) an unregulated river access licence, or
(ii) an access licence of any subcategory of an unregulated river access licence.
The share component for a replacement access licence that is a domestic and stock access licence is to be as follows:
(a) except as provided by paragraphs (b) and (c), 4.5 megalitres,
(b) in the case of a domestic and stock [domestic] access licence, 1 megalitre,
(c) in the case of a domestic and stock [stock] access licence, 3.5 megalitres,
subtracting from each such volume the volume of any entitlement under the former 1912 Act that authorised the taking of tidal pool water for domestic consumption or stock watering (or both).
The share component for a replacement access licence that is an unregulated river access licence is to be the amount (in megalitres) equivalent to the maximum average volume of tidal pool water taken annually and used on the eligible land concerned, otherwise than for domestic consumption or stock watering, between 1999 and 2009 (inclusive).
The reference in subclause (1) to the maximum average volume of water is a reference to:
(a) if water was taken during only one of the years between 1999 and 2009, the volume of water taken during that year, or
(b) if water was taken during only 2 of the years between 1999 and 2009, one half of the sum of the volumes of water taken annually during those years, or
(c) if water was taken during 3 or more of the years between 1999 and 2009, one third of the sum of the 3 largest volumes of water taken annually during those years,
subtracting from each such volume the volume of any entitlement under the former 1912 Act that authorised the taking of tidal pool water, other than an entitlement that authorised the taking of tidal pool water for domestic consumption or stock watering (or both).
To the extent to which the confirmed history of water usage for the land indicates that tidal pool water has been used for purposes other than:
(a) irrigation, or
(b) domestic consumption, or
(c) stock watering,
the volume of water taken in any year is to be calculated (in megalitres) on the basis of that history.
To the extent to which the confirmed history of water usage for the land indicates that tidal pool water has been used for the purposes of irrigation, the volume of water taken in any year for those purposes is to be calculated (in megalitres):
(a) in the case of water taken from the Wallis Creek Tidal Pool Water Source, the Paterson River Tidal Pool Water Source or the Hunter River Tidal Pool Water Source:
(i) if the confirmed history of water usage for the land indicates which crops specified in Table 1 were grown under irrigation on which parts of the land during that year, as the sum of the amounts obtained by multiplying the number of hectares of land on which each such crop was grown (as indicated by the confirmed history of water usage) by the factor specified in that Table in relation to that crop, or
(ii) in any other case, as the amount obtained by multiplying the number of hectares of the land on which crops specified in Table 1 were grown under irrigation during that year (as indicated by the confirmed history of water usage for the land) by the smallest factor specified in that Table in relation to those crops, and
(b) in the case of water taken from the Manning River Tidal Pool Water Source:
(i) if the confirmed history of water usage for the land indicates which crops specified in Table 2 were grown under irrigation on which parts of the land during that year, as the sum of the amounts obtained by multiplying the number of hectares of land on which each such crop was grown (as indicated by the confirmed history of water usage) by the factor specified in that Table in relation to that crop, or
(ii) in any other case, as the amount obtained by multiplying the number of hectares of the land on which crops specified in Table 2 were grown under irrigation during that year (as indicated by the confirmed history of water usage for the land) by the smallest factor specified in that Table in relation to those crops.
Where more than one crop has been grown on the same land in the same year, the land may not be counted more than once for the purposes of subclause (4), but the higher or highest of the factors relevant to those crops is to be used.
For the purposes of this clause, a reference to a crop specified in Table 1 or 2 includes a reference to any other crop that the Minister determines to be an equivalent to that crop.
Table 1 Wallis Creek, Paterson River and Hunter River
Crop under irrigation | Factor |
Winter cereal | 3 |
Summer cereal | 4 |
Citrus | 6 |
Vines | 3 |
Summer oilseeds | 4 |
Perennial pasture (dairy) | 7 |
Perennial pasture (non-dairy) | 5 |
Annual pasture | 3.5 |
Lucerne | 6 |
Vegetables | 8 |
Orchards (not citrus) | 8 |
Nuts | 8 |
Pulses | 5 |
Olives | 5 |
Turf | 11 |
Table 2 Manning River
Crop under irrigation | Factor |
Winter cereal | 2.5 |
Summer cereal | 3 |
Citrus | 5 |
Summer oilseeds | 3 |
Perennial pasture (dairy) | 7 |
Perennial pasture (non-dairy) | 5 |
Annual pasture | 3 |
Lucerne | 5 |
Vegetables | 6.5 |
Orchards (not citrus) | 6.5 |
Nuts | 6.5 |
Pulses | 4 |
Cut flowers | 5 |
Nurseries | 20 |
Turf | 11 |
Suppose, in respect of any year, 30 hectares of a landholding were under irrigation, of which 10 hectares were used for growing lucerne, 10 hectares were used for annual pasture and 10 hectares were used for vegetables (as indicated by the confirmed history of water usage for the land). The factors for these crops (using Table 1) are 6 (for lucerne), 3.5 (for annual pasture) and 8 (for vegetables). The volume of water calculated for that year for the land would therefore be 175 megalitres (that is, 10 times 6, plus 10 times 3.5, plus 10 times 8: see subclause (4) (a) (i)).
(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 |
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 |
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 |
(Clause 29ZZI)
Water Act 1912 Licence | Proposed supp entitlement (ML) |
10SL020520 | 25 |
10SL036179 | 44 |
10SL035213 | 45 |
10SL040086 | 101 |
10SL043612 | 62 |
10SL042616 | 79 |
10SL043866 | 121 |
10SL043040 | 9 |
10SL055527 | 85 |
10SL040362 | 94 |
10SL041578 | 58 |
10SL042178 | 172 |
10SL042978 | 45 |
10SL047151 | 40 |
10SL047190 | 9 |
10SL052114 | 24 |
10SL055798 | 247 |
10SL056749 | 40 |
Licence No |
10BL159574 |
(Clause 46)
I certify that this roll contains the full names
The first and last entries in the roll are as follows:
First Entry:
No:
Name:
Address:
Last Entry:
No:
Name:
Address:
Dated:
Signed:
Surname:
Given Names:
Postal Address:
Postcode:
Telephone No:
Address of property on which enrolment is based:
Local government area in which the property is situated:
I apply to be enrolled in the final roll for the following election and in any subsequent election
I am applying for enrolment:
(a) *as the sole owner of property,
(b) *as the representative of a corporation on behalf of which the property is owned,
(c) *as the representative of the trustees or legal personal representatives of a person or estate.
Particulars of *corporation/*trustee/*legal personal representative in respect of whom or which the applicant is the representative *
Name:
Postal Address:
I declare that *I have/*the person that I represent has, as at the calling of the election, the qualifications to vote.
I further declare that, to the best of my knowledge, the information contained in this application is true.
Dated:
Signed:
*
I object to the inclusion in the final roll for the following election:
This objection is based on the following grounds:
Name of objector:
Postal Address:
Telephone No:
Dated:
Signed:
We nominate
We declare that we are each entitled to vote in the election.
Name in full: Address: Signature:
1
2
3
4
5
6
This nomination must be completed by not fewer than 2 persons (other than the candidate), each of whom is qualified to vote under the Water Management (General) Regulation 2004 in respect of the election.
I,
Postal address:
Telephone No:
Date of birth:
Dated:
Signed:
(Clause 107)
Column 1 | Column 2 | Column 3 |
Provision of Act | Penalty for individual | Penalty for corporation |
Section 60A (2) | $750 | $1500 |
Section 60A (4) | $750 | $1500 |
Section 60B | $750 | $1500 |
Section 60C (2) | $750 | $1500 |
Section 60C (4) | $750 | $1500 |
Section 60D | $750 | $1500 |
Section 91A (1) | $750 | $1500 |
Section 91A (2) | $750 | $1500 |
Section 91B (1) | $750 | $1500 |
Section 91B (2) | $750 | $1500 |
Section 91C (1) | $750 | $1500 |
Section 91C (2) | $750 | $1500 |
Section 91D (1) | $750 | $1500 |
Section 91D (2) | $750 | $1500 |
Section 91E (1) | $750 | $1500 |
Section 91E (2) | $750 | $1500 |
Section 91F (1) | $750 | $1500 |
Section 91F (2) | $750 | $1500 |
Section 91G | $750 | $1500 |
Section 91H (1) | $750 | $1500 |
Section 91H (2) | $750 | $1500 |
Section 91I (2) | $750 | $1500 |
Section 91J | $750 | $1500 |
Section 91K (2) | $750 | $1500 |
Section 120 (4) | $750 | $1500 |
Section 256 (1) | $750 | $1500 |
Section 318A | $750 | $1500 |
Section 318B | $750 | $1500 |
Section 336C (1) | $750 | $1500 |
Section 340A (1) | $750 | $1500 |
Section 342 (1) | $750 | $1500 |
Section 342 (2) | $750 | $1500 |
Section 343 (1) | $750 | $1500 |
Section 345 (2) | $750 | $1500 |
Section 346 | $750 | $1500 |
(Clause 109)
A purchaser of land may apply to the Minister to record in the Access Register a general dealing under section 71M of the Act transferring an access licence to the purchaser, but only if:
(a) the purchase included an entitlement that was, on the appointed day, replaced by the licence to be transferred, and
(b) settlement of the purchase took place before the appointed day, and
(c) as at the appointed day:
(i) the purchaser’s interest in the land had not been recorded on the folio of the Register kept under the Real Property Act 1900 in relation to the land, or
(ii) the conveyance effecting the transfer of the land had not been registered in the General Register of Deeds kept under the Conveyancing Act 1919,
as the case may require.
For the purpose of enabling a term transfer referred to in clause 10 (3) of Schedule 10 to the Act to be recorded in the Access Register, the current occupier (within the meaning of clause 10 (1) of that Schedule) of the land concerned is to:
(a) apply to the Director-General in the approved form for the recording of the transfer, and
(b) provide the Director-General with evidence in the approved form of the current occupier’s occupation (including its proposed duration) of the land.
A term transfer of water entitlements conferred by an access licence is a
Two or more co-holders of a replacement access licence referred to in clause 23 (1) of Schedule 10 to the Act who wish to make an election of the kind referred to in clause 23 (2) of that Schedule but do not receive a request to do so under that subclause may apply under section 73 of the Act for the recording of an alteration in the way in which they hold the licence.
This Regulation is taken to have been made with the following amendments to Schedule 4:
(a) the share component volume in megalitres shown in Column 2 in relation to Water Act entitlement 40IC000005 at the end of Part 1 is “37,414” instead of “25,649”,
(b) the following matter appears in appropriate order in Columns 1 and 2, respectively, of Part 1:
40SL24994H
3,402
40SL34102H
6,773
40SL36994H
2,000
Unless it is sooner cancelled, a replacement approval has effect for:
(a) except as provided by paragraph (b):
(i) 3 years from the appointed day, or
(ii) for the balance of the period for which its former entitlement would (but for Schedule 10 to the Act) have remained in force,
whichever is the longer, or
(b) if its former entitlement would (but for Schedule 10 to the Act) have remained in force for an indefinite period, 10 years.
This clause has effect despite clause 21 (2) of Schedule 10 to the Act.
In this clause,
In this Part:
A form approved by the Director-General for the purposes of clause 11 (1) (a), 17 (1) (a), 31 (1) (a), 42 (1) or 44 (1) before the commencement of Schedule 1 [1] to the amending Regulation is taken, on and from that commencement, to have been approved by the Minister.
Anything done by the Director-General under clause 16 (2) (b), 31 (1) (b) or (3), 32 (3), 42 (2), 44 (2) or Schedule 1 (4) before the commencement of Schedule 1 [4] to the amending Regulation is taken (to the extent that it has continuing effect), on and from that commencement, to have been done by the Minister.
Any act, matter or thing that, immediately before the repeal of the Water Management (Elections) Regulation 2002 or the Water Management (General) Regulation 2002, had effect under the Regulation concerned continues to have effect under this Regulation.
In this Part:
This clause applies to any Part 3A permit in respect of which security has been required to be given pursuant to section 22C (2) of the former 1948 Act.
The controlled activity approval that arises from a Part 3A permit to which this clause applies is taken to be subject to a condition having the same terms and conditions as those specified by the Constructing Authority under section 22C (2) of the former 1948 Act in respect of the permit.
Part 3A of the former 1948 Act continues to apply to and in respect of any alleged offence under section 22B of that Act as if that Act had not been repealed.
In particular:
(a) any order that, immediately before the commencement of this clause, was in force under section 22D or 22F of the former 1948 Act, and
(b) any direction that, immediately before the commencement of this clause, was in force under section 22G of the former 1948 Act,
continues to have effect, and may be enforced under that Act, as if that Act had not been repealed.
Any general terms of approval given by the Constructing Authority for the purposes of Division 5 of Part 4 of the Environmental Planning and Assessment Act 1979 (Special procedure for integrated development) in relation to an activity that, before the commencement of this clause, required a Part 3A permit continue to have effect in relation to that activity to the extent to which, after that commencement, it requires a controlled activity approval.
Clause 20 of Schedule 10 to the Act does not require notice of the terms of a controlled activity approval to be given to the holder of the approval if the approval is due to expire within 2 years after the approval comes into being under clause 3 of that Schedule.
In this Part,
A direction that, immediately before 1 January 2009, was in force under any provision of Part 1 or 2 of Chapter 7 of the Act, as then in force, is taken to be a direction under the corresponding provision of Part 1 or 2 of Chapter 7 of the Act, as inserted by Schedule 2 [2] to the 2008 amending Act, and may be enforced accordingly.
The matters in respect of which a function under Part 1 or 2 of Chapter 7 of the Act, as inserted by Schedule 2 [2] to the 2008 amending Act, may be exercised include matters arising before 1 January 2009.
Any authorised officer who, immediately before 1 January 2009, was appointed for the purposes of a provision of Part 1 or 2 of Chapter 7 of the Act, as then in force, is taken to have been appointed for the corresponding provision of Part 1 or 2 of Chapter 7 of the Act, as inserted by Schedule 2 [2] to the 2008 amending Act.
Until its replacement under section 340 of the Act, an identification card or certificate of authority issued to an authorised officer before 1 January 2009 is taken to be the officer’s evidence of authority for the purposes of that section.
Section 364 of the Act, as substituted by Schedule 1 [10] to the 2008 amending Act, extends to any offence that arose before 1 January 2009, but only if proceedings for the offence could have been commenced on that date had that section not been substituted.
Section 364A of the Act, as inserted by Schedule 1 [10] to the 2008 amending Act, extends to any penalty to be imposed in respect of an offence committed before 1 January 2009.
Section 365A of the Act, as inserted by Schedule 1 [11] to the 2008 amending Act, extends to any contravention arising on or after 1 January 2009 in respect of a requirement made by or under the Act or this Regulation before that date.
Sections 367, 367A and 367B of the Act, as inserted by Schedule 3 [2] to the 2008 amending Act, extend to proceedings for offences arising before 1 January 2009, including proceedings commenced before that date.
In this Part:
For the purposes of section 238 (4) of the Act, the Trust is to be wound up.
Under section 238 (5) of the Act, the Governor may abolish the Trust if satisfied that the winding up of the Trust has been completed.
For the purposes of the winding up of the Trust, the assets, rights and liabilities of the Trust are transferred to the Ministerial Corporation.
This clause does not apply to any money held by the Trust.
When any asset, right or liability is transferred by operation of this clause, the following provisions have effect with respect to the transfer:
(a) the assets of the Trust vest in the Ministerial Corporation by virtue of this clause and without the need for any conveyance, transfer, assignment or assurance,
(b) the rights and liabilities of the Trust become by virtue of this clause the rights and liabilities of the Ministerial Corporation,
(c) all proceedings relating to the assets, rights or liabilities commenced before the transfer by or on behalf of, or against, the Trust and pending immediately before the transfer are taken to be proceedings pending by or against the Ministerial Corporation,
(d) any act, matter or thing done or omitted to be done in relation to the assets, rights or liabilities before the transfer by, to or in respect of the Trust is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the Ministerial Corporation,
(e) a reference in any instrument to the Trust is (to the extent that it relates to those assets, rights or liabilities), to be read as, or as including, a reference to the Ministerial Corporation.
The operation of this clause is not to be regarded:
(a) as a breach of contract or confidence or otherwise as a civil wrong, or
(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or
(c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability, or
(d) as an event of default under any contract or other instrument.
The Minister is to cause to be distributed on a pro rata basis any money held by the Trust (after payment of any liabilities of the Trust existing before it is wound up) to those persons who, immediately before the commencement of this Part, were ratepayers in respect of land within the water supply district of the Trust.
On and from 4 April 2011, any reference in a management plan to “adaptive environmental water” is taken to be a reference to licensed environmental water (within the meaning of section 8 of the Act) that is committed by an adaptive environmental water condition under section 8B, 8C, 8D or 63B of the Act.
A person who was exempted under former clause 18 (1) (e) immediately before 30 June 2011 in relation to the taking of water required for prospecting or fossicking pursuant to an authority is taken to continue to be exempted under former clause 18 (1) (e) in relation to such taking of water, until the authority is modified or ceases to be in force.
In this clause:
This clause applies to an entitlement (a
(a) the appointed day in relation to the entitlement occurs at any time during the period commencing on 30 June 2011 and ending before 1 February 2012 (the
transitional period ), and(b) immediately before that appointed day the entitlement authorised the taking of water for the purpose of prospecting or fossicking for minerals or petroleum under the Mining Act 1992 or the Petroleum (Onshore) Act 1991 (the
relevant purpose ).
For the purposes of subclause (1), the
During the transitional period:
(a) Schedule 10 (Conversion of former entitlements to access licences and approvals) to the Act does not apply to a relevant entitlement to the extent that the entitlement relates to the relevant purpose, and
(b) the provisions of the former 1912 Act continue to apply in relation to the entitlement to the extent that the entitlement relates to the relevant purpose, unless the entitlement is cancelled, permanently lapses or otherwise ceases to be in force or have effect under that Act before the end of the transitional period, and
(c) Parts 2 and 3 of Chapter 3 of the Act do not apply in relation to the entitlement to the extent that the entitlement relates to the relevant purpose and while it continues to be in force or have effect under the former 1912 Act.
On and from 1 February 2012, the following provisions will apply to any relevant entitlement to the extent it relates to the relevant purpose and is still in force or effect immediately before that day as if 1 February 2012 were the appointed day in relation to that entitlement:
(a) Parts 2 and 3 of Chapter 3 of the Act,
(b) Schedule 10 to the Act.
Nothing in this clause affects the application of the Act to a relevant entitlement to the extent that the entitlement relates to a purpose other than a relevant purpose.
For the purposes of clause 1 (4) of Schedule 9 to the Act, this clause has effect despite any provision to the contrary in Schedule 10 to the Act.
0
0
0