Water Management (General) Regulation 2011 (NSW)
This Regulation is the Water Management (General) Regulation 2011.
This Regulation commences on 1 September 2011 and is required to be published on the NSW legislation website.
This Regulation replaces the Water Management (General) Regulation 2004 and the Water Management (Water Supply Authorities) Regulation 2004 which are repealed on 1 September 2011 by section 10 (2) of the Subordinate Legislation Act 1989.
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) required by an order, or approved voluntary management proposal, under Part 3 of the Contaminated Land Management Act 1997, or
(b) required by a development consent under Part 4, or the conditions of an approved project under Part 3A or an approval under Part 5.1, of the Environmental Planning and Assessment Act 1979, or required or undertaken as a result of an environmental assessment under Part 5 of that Act, or
(c) required by a condition of an environment protection licence under the Protection of the Environment Operations Act 1997, or
(d) required under the Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2008, or
(e) constructed and operated only by the Ministerial Corporation.
(a) any stream or part of a stream:
(i) the location of which is represented on any of the topographic maps listed in Part 2 of Schedule 2, and
(ii) that is a first or second order stream, or part of such a stream, as determined in accordance with the system set out in Part 1 of Schedule 2, and
(iii) which does not maintain a permanent flow of water, being a visible flow which occurs on a continuous basis, or which would so occur if there were no artificial abstractions of water or obstruction of flows upstream, and
(iv) which does not at any time carry flows emanating from a third, fourth or higher order stream as determined in accordance with the system set out in Part 1 of Schedule 2, and
(b) any stream or part of a stream the location of which is not represented on a topographic map listed in Part 2 of Schedule 2.
For the purposes of paragraphs (a) (i) and (b), the streams are shown as watercourses on the topographic maps according to the legend.
(a) any work that receives water from a water supply work under the control or management of the Sydney Water Corporation, the Hunter Water Corporation or a local water utility, or
(b) any work that is also a flood work.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
For the purposes of paragraph (c) of the definition of
(a) any watercourse, whether perennial or intermittent, comprising an artificial channel that has changed the course of the watercourse,
(b) any tributary, branch or other watercourse into or from which a watercourse referred to in paragraph (a) flows,
(c) Eagle Creek Cutting, from its offtake with the Murray River adjacent to Lot 20, DP 1135384, Easting: 240323, Northing: 6052845, UTM Zone 55 GDA, Parish of Barham, County of Wakool, to its confluence with the Eagle Creek adjacent to Lot 2, DP 218060, Easting: 241231, Northing: 6053511, UTM Zone 55 GDA, Parish of Barham, County of Wakool,
(d) Waddy Creek Cutting, from its offtake with the Murray River in Lot 1, DP 868793, Easting: 750976, Northing: 6080045, UTM Zone 54 GDA, Parish of Willakool, County of Wakool, to its confluence with the Waddy Creek in Lot 2, DP 868793, Easting: 751915, Northing: 6081546, UTM Zone 54 GDA, Parish of Mellool, County of Wakool.
Notes and examples in this Regulation do not form part of this Regulation.
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) (Repealed)
(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,
(i) unregulated river (special additional high flow) access licence,
(j) salinity and water table management access licence,
(k) aquifer (high security) access licence,
(l) unregulated river (regulated supply—local water utility) access licence,
(m) unregulated river (regulated supply) access licence,
(n) unregulated river (A class) access licence,
(o) unregulated river (B class) access licence,
(p) unregulated river (C class) access licence,
(q) major utility (Barnard) access licence,
(r) Penrith Lakes Scheme (initial fill of the lakes that form part of the Scheme) 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.
For the purposes of paragraph (e) of the definition of
(a) domestic and stock (conveyance) access licence,
(b) salinity and water table management access licence,
(c) unregulated river (regulated supply—local water utility) access licence,
(d) unregulated river (regulated supply) access licence,
(e) major utility (Barnard) access licence,
(f) Penrith Lakes Scheme (initial fill of the lakes that form part of the Scheme) access licence.
A supplementary water (Lowbidgee) access licence is exempted from paragraph (d) of the definition of
The priorities to be observed in relation to the access licences referred to in section 58 (1) (c) of the Act are that:
(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 any other access licences referred to in section 58 (1) (c) of the Act, and
(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.
A written notice under section 67 or 102 of the Act may be served on or given to the holder of an access licence or an approval by sending it electronically to an email address provided by the holder as the holder’s address for the giving or service of documents of that kind.
The giving or service of a notice in the manner provided for in subclause (1) is effected when the notice is sent to that email address.
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 Department’s website.
An application under Part 2 of Chapter 3 of the Act:
(a) must be in the approved form, and
(b) must be signed or otherwise authenticated by each party to the application, and
(c) 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
(d) must be lodged at, or sent by post to, an office of the Department or lodged electronically as provided by clause 229.
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 61 (1) (a) of the Act, an application for the following categories and subcategories of specific purpose access licence may be made:
(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,
(g) a major utility (Barnard) access licence,
(h) a Penrith Lakes Scheme (initial fill of the lakes that form part of the Scheme) access licence.
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:
(a) that is lodged with the Minister by the holder, or prospective holder, of a security interest, and
(b) 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.
The only circumstance in which a nomination under section 71W (1) (b) of the Act is permitted is if the Minister is satisfied:
(a) that the water supply work or extraction point the subject of the nomination is in a water source (the
other water source ) that is connected to a water source specified in the access licence (thespecified water source ), and(b) the water credited to the access licence that may be taken by means of the water supply work or from the extraction point will be so taken from the specified water source indirectly, as an unavoidable result of water being taken from the other water source by means of the work or from the extraction point.
A nomination of a water supply work required to be notified to the Minister under section 71W (3) (a) must be notified within 28 days after the nomination is made.
A withdrawal of a nomination required to be notified to the Minister under section 71W (3) (b) must be notified within 28 days after the nomination is withdrawn.
A notification referred to in subclause (2) or (3) must be in writing and may be given by email or other electronic communication.
A notice referred to in section 71X (1) (b) of the Act 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 section 71X, 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 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, and
(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 77 (2B) of the Act, the Minister may refuse to accept the surrender of an access licence if:
(a) the licence is subject to a registered security interest or a registered caveat, or
(b) the holder of the access licence has failed to make due payment with respect to any fees, charges or civil penalties that are payable in respect of the licence, or
(c) the licence is one for which a water supply work or extraction point is nominated under section 71W of the Act and the Minister is satisfied:
(i) that the continued taking of water by means of the work or from the extraction point is not intended, and
(ii) that water is still being taken, or is still capable of being taken, by means of the work or from the extraction point, and
(iii) that work that needs to be done to stop the taking of water by means of the work or from the extraction point has not been completed or satisfactorily completed, or
(d) the licence is one for which a water supply work or extraction point is nominated under section 71W of the Act and the Minister is satisfied:
(i) that the continued taking of water by means of the work or from the extraction point is intended, and
(ii) that water is still being taken, or is still capable of being taken, by means of the work or from the extraction point, and
(iii) if the licence is surrendered, the continued taking of water by means of the work or from the extraction point will not be authorised under the Act (for example, authorised under another access licence or in exercise of a harvestable right or domestic and stock right or because the Minister agrees to hold the surrendered licence until the taking of water by means of the work or from the extraction point ceases).
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 (2) of the Act, the register of available water determinations may be kept in written or in electronic form.
For the purposes of section 84 (3) of the Act, the register of available water determinations is to be made available for public inspection at each office of the Department.
The Director-General may also make the register of available water determinations, or parts of the register, available on the Department’s website.
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 remaining in a water allocation account at the end of a water year may be carried over to the next water year, but only to the extent that the relevant water management plan permits.
Subclause (3) is not limited or otherwise affected by any order in force under section 49A (1) of the Act.
A water allocation account may be kept in the form of 2 or more sub-accounts.
An appointment, or a revocation of appointment, of a nominee of a co-holder of an access licence under section 72A (2) of the Act:
(a) must be in the approved form, and
(b) must be signed by the co-holder making or revoking the appointment, and
(c) must be lodged at, or sent by post to an office of the Department.
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 or lodged electronically as provided by clause 229.
A claim is incomplete unless it includes, or is accompanied by, all information required by the approved form.
Part 2 of Schedule 4 contains particular provisions relating to access licences arising from former entitlements.
For the purposes of section 60G (1) (a) of the Act, the value of water illegally taken from a water source is to be determined in accordance with this clause.
If no trading price data has been published for any period for the water source, the value of water illegally taken is to be determined by multiplying the relevant published water access (entitlement) charge for the valley in which the water source is located for the water year in which the illegal taking of water began (expressed in dollars per megalitre) by the volume of water illegally taken (expressed in megalitres).
If trading price data has been published for the water source for the month or some or all of the months in which water was illegally taken, the value of water illegally taken is to be determined by establishing the weighted average trading price for the water source published for the month or months in which water was illegally taken (expressed in dollars per megalitre) and multiplying that weighted average by the volume of water illegally taken (expressed in megalitres).
If the illegal taking of water began in a water year previous to the current water year and trading price data has been published for the water source for that previous water year but not for the month or months in which water was illegally taken, the value of water illegally taken is to be determined by establishing the weighted average trading price for the water source published for that previous water year (expressed in dollars per megalitre) and multiplying it by the volume of water illegally taken (expressed in megalitres).
If the illegal taking of water began in the current water year and no trading price data has been published for the water source for the month or months in which water was illegally taken (whether or not trading price data has been published for the water source for any other month in the current year) and:
(a) trading price data has been published for the water year previous to the current water year—the value of water illegally taken is to be determined by establishing the weighted average trading price for the water source published for that previous water year (expressed in dollars per megalitre) and multiplying that weighted average by the volume of water illegally taken (expressed in megalitres), or
(b) trading price data has not been published for the water year previous to the current water year—the value of water illegally taken is to be determined by multiplying the published water access (entitlement) charge for the valley in which the water source is located for that previous water year (expressed in dollars per megalitre) by the volume of water illegally taken (expressed in megalitres).
If the illegal taking of water began in a water year previous to the current water year and no trading price data has been published for the water source for any month during that previous water year, the value of water illegally taken is to be determined by multiplying the published water access (entitlement) charge for the valley in which the water source is located for that previous water year (expressed in dollars per megalitre) by the volume of water illegally taken (expressed in megalitres).
In this clause:
This definition does not apply to regulated river access licences because regulated rivers have trading prices.
Details relating to the 1-part tariff for unregulated river access licences and aquifer access licences are published on the website of the Department of Primary Industries.
A person is exempt from section 60A (1) and (2) of the Act in relation to the taking of water from a water source if the person:
(a) is specified in any provision of Part 1 of Schedule 5, and
(b) takes water for any of the purposes, and in the circumstances, specified in that provision.
A person exempted under this clause is also exempted from any mandatory conditions relating to access licences that are imposed on a water supply work approval.
An exemption conferred by this clause that requires a watering program to be approved by the Minister is subject to the condition that any person claiming the exemption must, if required to do so by an authorised officer, produce the approved watering program immediately or within the period, and at the place, specified by the officer.
An exemption conferred by subclause (1) with respect to approved watering for basic human water needs (within the meaning of clause 14 of Schedule 5) ceases to apply 4 months after the date on which the relevant approval was granted by the Minister or such later date as the Minister may approve of in writing.
An exemption conferred by this clause with respect to the taking of water for the purposes and in the circumstances specified in clause 15B of Schedule 5 (Emergency safety measures) is subject to the condition that the person claiming the exemption must comply with all applicable requirements (if any) of the Minister:
(a) that are published in the Gazette, or notified in writing to the person, for the purposes of this subclause, and
(b) that are for the purposes of implementing the water management principles in relation to the taking of water the subject of the exemption.
(Repealed)
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.
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.
The following activities are prescribed for the purposes of paragraph (d) of the definition of
(a) the extraction of sand,
(b) the extraction of road base material.
An application under Part 3 of Chapter 3 of the Act:
(a) must be in the approved form, and
(b) must, if required by the Minister, include or be accompanied by an assessment of the likely impact of the water use, work or activity concerned, and
(c) must be signed or otherwise authenticated by each party to the application, and
(d) if the application is an application for a controlled activity approval (or the extension of such an approval), must be signed by the owner of the land on which the activity is to take place, and
(e) 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
(f) must be lodged at, or sent by post to, an office of the Department or lodged electronically as provided by clause 229.
An application is incomplete unless it includes, or is accompanied by, all information required by the approved form.
An assessment referred to in subclause (1) (b) must be prepared in accordance with requirements (if any) issued by the Minister.
The following classes of applications are to be advertised, as referred to in section 92 (7) of the Act:
(a) applications for water supply work approvals for:
(i) works for the taking of water from a river, or
(ii) bores for the taking of water, other than bores used solely for taking water in accordance with a person’s basic landholder rights, or
(iii) works (such as weirs) that have the effect of impounding water in a water source, or
(iv) works (such as tanks and dams) that are constructed or used for the purpose of capturing rainwater run-off,
(b) applications for water use approvals for irrigation,
(c) applications whose advertising is required by any relevant management plan,
(d) applications for flood work approvals for flood works that the Minister has assessed under this clause to be non-complying flood works,
(e) applications for flood work approvals for flood works that are situated in or on a floodplain for which there is no management plan (including a converted floodplain management plan) in force with respect to that floodplain.
If an application is made for a flood work approval, the Minister is to assess whether the flood work to which the application relates is a non-complying flood work.
A flood work to which an application relates is to be assessed to be a non-complying flood work only if:
(a) the work is situated, or proposed to be constructed, in an area to which a converted floodplain management plan applies, and
(b) the Minister is not satisfied that the work complies with the converted floodplain management plan.
An application referred to in subclause (1) (a) does not have to be advertised (unless so required by a management plan referred to in subclause (1) (c)) if the water supply work concerned is to be used:
(a) for a period of not more than 6 months, and
(b) for one of the following purposes:
(i) road construction or road maintenance by a roads authority (within the meaning of the Roads Act 1993),
(ii) drought relief,
(iii) dust suppression,
(iv) prospecting or fossicking for minerals or petroleum under the Mining Act 1992 or the Petroleum (Onshore) Act 1991,
(v) any environmental purpose authorised by a plan approved by the Minister under section 8E (7) of the Act,
(vi) hydrostatic testing of gas pipelines.
An application referred to in subclause (1) (a) (i) does not have to be advertised (unless so required by a management plan referred to in subclause (1) (c)) if the water supply work concerned:
(a) is to be used solely for taking or using water pursuant to a replacement access licence arising under Division 9, 11, 12 or 13 of Part 2 of Schedule 4, and
(b) was in existence at the time the relevant replacement access licence came into force.
An application referred to in subclause (1) (b) does not have to be advertised (unless so required by a management plan referred to in subclause (1) (c)) if the land to which the application relates is land in respect of which a replacement access licence has arisen under Division 9, 11, 12 or 13 of Part 2 of Schedule 4.
An application for an approval must be advertised by the Minister by means of a notice published:
(a) in a local newspaper, and
(b) in a newspaper circulating among such Aboriginal communities as could be affected by the granting of such an approval, and
(c) on the Department’s website.
The notice must contain the following information:
(a) the name of the applicant,
(b) the type of approval to which the application relates,
(c) particulars indicating the location to which the application relates,
(d) in the case of a water supply work approval, the capacity of the work and the water source and stream from which the work is proposed to take water,
(e) in the case of a water use approval, the purpose for which water is to be used under the approval,
(f) the form in which any objection against the application should be made for the purposes of section 93 of the Act,
(g) the address to which, and the time by which, any such objection should be made,
(h) the name and contact details for the relevant departmental officer.
For the purposes of section 93 (1) of the Act, an objection to the granting of an approval:
(a) must be in writing or in electronic form, and
(b) must be signed or otherwise authenticated by the objector, and
(c) must contain the name and address of the objector, and
(d) must, within 28 days after the notice was first published, be lodged at, or sent by post to, the address specified in the notice referred to in clause 24 (6) (g) or, if in electronic form, lodged electronically as provided by clause 229, and
(e) must specify the grounds of the objection.
For the purposes of section 96 (a) of the Act, the matters to be taken into consideration by the Minister in considering whether or not to grant an aquifer interference approval include whether the amount of water taken in the course of carrying out the aquifer interference activity to which the approval relates will exceed the total extraction limit for the aquifer set out in any relevant management plan.
For the purposes of section 107 (1) (b) of the Act, the Minister may amend an approval to create 2 or more approvals from a single approval if a subdivision of the land specified in the approval as the land benefited by the approval results in part of the land being held by the holder of the approval and part of the land being held by a landholder who is not the holder of the approval.
For the purposes of section 107 (1) (c) of the Act, the Minister may amend an approval to correct any error or omission in a description in the approval of a location to which the approval relates.
For the purposes of section 108 (1A) of the Act, the Minister may refuse to accept the surrender of an approval if:
(a) in the case of a water management work approval:
(i) construction of a work to which the approval relates has commenced but has not been completed in accordance with the approval, and
(ii) the Minister is not satisfied that adequate arrangements are in force to ensure that no more than minimal harm will be done to any water source or its dependent ecosystems if the approval is surrendered before construction of the work is so completed, or
(b) in the case of a water management work approval, the Minister is satisfied:
(i) that a work to which the approval relates is still being used or is capable of still being used, and
(ii) that if the approval is surrendered, the work will not be authorised under the Act, or
(c) in the case of a controlled activity approval:
(i) the carrying out of a controlled activity to which the approval relates has commenced but has not been completed in accordance with the approval, and
(ii) the Minister is not satisfied that adequate arrangements are in force to ensure that no more than minimal harm will be done to any waterfront land if the approval is surrendered before the carrying out of the activity is so completed, or
(d) in the case of a controlled activity approval, a maintenance period specified in the approval to enable a rehabilitation plan or vegetation management plan to be implemented has not expired, or
(e) in the case of an aquifer interference approval:
(i) the carrying out of an aquifer interference activity to which the approval relates has commenced but has not been completed in accordance with the approval, and
(ii) the Minister is not satisfied that adequate arrangements are in force to ensure that no more than minimal harm will be done to the aquifer or its dependent ecosystems if the approval is surrendered before the carrying out of the activity is so completed.
For the purposes of section 113 (2) of the Act, the register kept under that section may be kept in written or in electronic form.
For the purposes of section 113 (3) of the Act, the register kept under that section is to be made available for public inspection at each office of the Department.
The Director-General may also make the register, or parts of the register, available on the Department’s website.
An approval may be granted subject to a condition to the effect that, before commencing the construction of any work or the carrying out of any activity, the holder of the approval must provide the Minister with security for the cost of performing the holder’s obligations under the approval in the event that the holder fails to perform those obligations.
The security is to be for such reasonable amount as is determined by the Minister and specified in the condition as to security.
The security may be provided, at the choice of the holder, by way of a deposit with the Minister (
The Minister may retain a security deposit until satisfied that the holder of the approval has fulfilled the holder’s obligations under the approval.
A security deposit may be paid out, or a guarantee may be enforced, to meet the cost of performing the holder’s obligations under the approval. Any balance of a security deposit remaining is to be refunded to, or at the direction of, the person who provided the security, together with any interest accrued on the deposit as a consequence of its investment.
Obligations under an approval that are required to be fulfilled after the period for which the approval remains in force do not cease merely because the approval ceases to be in force.
A security deposit may be retained and dealt with under this clause, and a guarantee may be enforced, even though the approval is no longer in force.
A person who has deposited an amount under this clause is entitled to a refund of the amount together with any interest accrued on the deposit as a consequence of its investment (less any amount paid out under this clause) if the person makes a written request to the Minister that satisfies the Minister that all obligations under the approval have been fulfilled.
Part 3 of Schedule 4 contains particular provisions relating to approvals arising from former entitlements, and approvals for formerly unlicensed water bores in the Great Artesian Basin.
In this Division:
A person who is exempt under clause 18 in relation to the taking of water for any of the purposes, and in the circumstances, specified in a provision of Part 1 of Schedule 5 is exempt from section 91A (1) of the Act in relation to the use of the water for that purpose or those purposes, and in those circumstances.
An exemption conferred by this clause that relates to an exemption under clause 18 that requires a watering program to be approved by the Minister is subject to the condition that any person claiming the exemption must, if required to do so by an authorised officer, produce the approved watering program immediately or within the period, and at the place, specified by the officer.
An exemption conferred by this clause in respect of an exemption under clause 18 with respect to approved watering for basic human water needs (within the meaning of clause 14 of Schedule 5) ceases to apply at the same time as the exemption ceases to apply under clause 18 (4).
An exemption conferred by this clause in respect of an exemption under clause 18 with respect to the taking of water for the purposes and in the circumstances specified in clause 15B of Schedule 5 (Emergency safety measures) is subject to the condition that the person claiming the exemption must comply with all applicable requirements (if any) of the Minister:
(a) that are published in the Gazette, or notified in writing to the person, for the purposes of this subclause, and
(b) that are for the purposes of implementing the water management principles in relation to the use of water the subject of the exemption.
A person is exempt from section 91A (1) of the Act in relation to the use of water if the water is used for any of the following purposes:
(a) the use of water for a purpose for which a development consent is in force under the Environmental Planning and Assessment Act 1979, other than the use of water for power generation by a major utility,
(b) the use of water for domestic consumption or stock watering,
(c) the use of water by, or on behalf of, the holder of a specific purpose access licence for Aboriginal cultural purposes for any purpose for which water may be taken under the licence,
(d) the use of water for an environmental purpose in accordance with a plan approved by the Minister under section 8E (7) of the Act.
A person who is engaged in an aquifer interference activity in connection with the mining or extraction of any material is exempt from section 91A (1) of the Act in relation to the using of water from an aquifer if the water is used in accordance with an aquifer interference approval with respect to that activity.
A person is exempt from section 91B (1) of the Act in relation to the construction of any of the following water supply works:
(a) a water supply work constructed for the purpose of prospecting or fossicking for minerals or petroleum under the Mining Act 1992 or the Petroleum (Onshore) Act 1991 and for no other purpose,
(b) the construction of a water pipe for use solely for conveying water from one place to another,
(c) the construction of a water reticulation work on land the subject of a water use approval.
Subclause (1) does not apply to a water supply work constructed on any of the following land:
(a) land declared to be critical habitat under Part 3 of the Threatened Species Conservation Act 1995 or Division 3 of Part 7A of the Fisheries Management Act 1994,
(b) land that is a heritage conservation area within the meaning of an environmental planning instrument that applies to the land under the Environmental Planning and Assessment Act 1979,
(c) land that is an Aboriginal place within the meaning of the National Parks and Wildlife Act 1974,
(d) land that is reserved for any purpose under the National Parks and Wildlife Act 1974,
(e) land the subject of a conservation agreement in force under section 69B of the National Parks and Wildlife Act 1974,
(f) land the subject of a property vegetation plan in force under Part 4 of the Native Vegetation Act 2003,
(g) land within a State forest within the meaning of the Forestry Act 2012,
(h) land to which State Environmental Planning Policy No 14—Coastal Wetlands applies,
(i) land to which State Environmental Planning Policy No 26—Littoral Rainforests applies,
(j) waterfront land (other than waterfront land relating to a minor stream).
A person is exempt from section 91B (1) of the Act in relation to the use of any of the following water supply works if the work is used for any of the purposes, and in the circumstances, specified in relation to the work:
(a) a water supply work used for the purpose of prospecting or fossicking for minerals or petroleum under the Mining Act 1992 or the Petroleum (Onshore) Act 1991,
(b) a water storage work, water reticulation work or water impounding work that was in use before 1 July 2004 to convey or impound water taken pursuant to:
(i) an entitlement, or
(ii) (the previously repealed) section 7 (7) of the former 1912 Act,
that is used pursuant to that entitlement for a purpose permitted by that entitlement, or for a purpose permitted by section 7 (7),
(c) a water reticulation work used for the purpose of conveying water to land:
(i) the subject of a water use approval, or
(ii) the use of water on which does not require a water use approval,
(d) a hydro-electric power station that is operated in connection with a water supply work owned by Water NSW or the Ministerial Corporation, and is authorised by Water NSW or the Ministerial Corporation to be so operated, but only if:
(i) the water taken by the work is used for the purpose of generating hydro-electric power, and
(ii) the water taken by the work is returned to the same water source from which it was taken, and
(iii) the returned water is of the same quality as it was when it was taken (in terms of chemical composition, temperature, sediment content and salinity).
The following persons are exempt from section 91B (1) of the Act in relation to the construction or use of a water supply work if the work is constructed or used for any of the purposes, and in the circumstances, specified in relation to the work:
(a) any person who is a landholder, in relation to the construction of an excluded work referred to in item 1, 2, 3, 4, 6, 7 or 9 in Schedule 1 that is situated on the land, or the use of the work for any of the purposes, and in the circumstances, specified in Schedule 1 in respect of the work,
(b) any person who is a landholder, in relation to the construction or use of an excluded work referred to in item 5 or 8 in Schedule 1 that is situated on the land,
(c) any person, in relation to the construction of an exempt monitoring bore, or the use of that bore, for measuring water levels, water pressure or water quality,
(d) any person who is engaged in an aquifer interference activity in connection with the mining or extraction of any material, in relation to the construction or use of a water management work for the purpose of taking and using water from an aquifer in accordance with an aquifer interference approval with respect to that activity,
(e) the Ministerial Corporation, in relation to the construction or use of a water supply work used for approved watering for basic human water needs (within the meaning of clause 14 of Schedule 5),
(f) any person, in relation to the construction or use of a water supply work for the purposes only of complying with a direction given under the State Emergency Service Act 1989 or the State Emergency and Rescue Management Act 1989 in an emergency (within the meaning of the latter Act), but only if:
(i) the person’s compliance with the direction is in accordance with the Act under which it is given, and
(ii) the water supply work is removed within 3 months (or such longer period as is approved of in writing by the Minister) after it is constructed,
(g) any person, in relation to the construction or use of a water supply work for the control or prevention of soil erosion that is included in a project in existence under section 10 of the Soil Conservation Act 1938, for the purpose of giving effect to the project.
An exemption conferred by subclause (1) (e) is subject to a condition that any person claiming the exemption must, if required to do so by an authorised officer, produce the approved watering program required by the exemption, immediately or within the period, and at the place, specified by the officer.
An exemption conferred by subclause (1) (e) ceases to apply at the same time as the exemption under clause 18 (4) ceases to apply in respect of the taking of the water for approved watering for basic human water needs.
An exemption conferred by subclause (1) (f) is subject to the condition that the person claiming the exemption must comply with all applicable requirements (if any) of the Minister:
(a) that are published in the Gazette, or notified in writing to the person, for the purposes of this subclause, and
(b) that are for the purposes of implementing the water management principles in relation to the construction or use of the water supply work the subject of the exemption.
An exemption conferred under this Subdivision is subject to the condition that the person by whom the relevant controlled activity is carried out must comply with applicable requirements (if any) of the Minister that are published in the Gazette, or notified in writing to the person, for the purposes of this clause and that are for the protection of:
(a) the waterfront land on which the activity is carried out, or
(b) any river, lake or estuary to which that land has frontage.
A public authority is exempt from section 91E (1) of the Act in relation to all controlled activities that it carries out in, on or under waterfront land.
A person (other than a public authority) is exempt from section 91E (1) of the Act in relation to controlled activities specified in Part 2 of Schedule 5 that are carried out in, on or under waterfront land.
A network operator licensed or authorised under the Water Industry Competition Act 2006, the Gas Supply Act 1996 or the Electricity Supply Act 1995, or a licensee under the Pipelines Act 1967 (
(a) in the case of a network operator, the network operator’s water, gas or electricity infrastructure, and
(b) in the case of a pipeline licensee, the pipeline the subject of the licence and its associated infrastructure,
being activities:
(c) that are carried out in, on or under waterfront land relating to a river, estuary or lake (other than in or on the bed or banks of a river, the bed or shore of a lake, or the bed or land lying between the bed and the mean high water mark of an estuary), and
(d) that do not cause any change in the course of the river, and
(e) the environmental impact of which has been considered under section 111 of the Environmental Planning and Assessment Act 1979 (or is exempt from the need for such consideration under section 110E of that Act).
Section 106 of the Act does not apply to:
(a) a water management work approval for a work used by a person referred to in clause 2, 4, 5 or 6 of Schedule 5 solely for taking water for a purpose for which the person is exempted by clause 18 from the requirement for an access licence, or
(b) a water use approval for the use of water for such a purpose.
In this Division:
(a) a recognised floodway that is designated by a converted floodplain management plan, or
(b) an area of a floodplain that is within Management Zone A or D under a management plan that applies to the floodplain.
A person is exempt from section 91D (1) of the Act if the person constructs, uses or modifies a flood work in compliance with a direction given under the State Emergency and Rescue Management Act 1989 or State Emergency Service Act 1989.
An exemption conferred by subclause (1) ceases to apply 3 months after the date on which the direction was given or such later date as the Minister may approve of in writing.
A local council is exempt from section 91D (1) of the Act in relation to the construction or use of a flood work if:
(a) the construction or use of the work is carried out under a development authorisation granted by a council, and
(b) the work is situated in or on:
(i) a place that is located within a managed designated high risk flood area, or
(ii) any other place (unless it is located within an unmanaged designated high risk flood area).
A person (other than a local council) is exempt from section 91D (1) of the Act in relation to the construction or use of a flood work on a landholding that is owned or occupied by the person if:
(a) the construction or use of the work is carried out under a development authorisation granted by a council, and
(b) the work is situated in or on:
(i) a place that is located within a managed designated high risk flood area, or
(ii) any other place (unless it is located within an unmanaged designated high risk flood area), and
(c) the total area of the landholding does not exceed 0.2 hectares.
In this clause:
(a) a development consent within the meaning of the Environmental Planning and Assessment Act 1979, or
(b) an approval under Part 5 of that Act.
A person is exempt from section 91D (1) of the Act if:
(a) the person constructs or uses on the person’s land a flood work consisting of one or more ring embankments around a dwelling house, shed or storage silo, and
(b) the area (or total area) enclosed by the embankment (or embankments) does not exceed 2 hectares or 10 percent of the area of the person’s land, whichever is the lesser, and
(c) the work is not situated in or on a place that is located within a designated high risk flood area.
Rail Corporation New South Wales is exempt from section 91D (1) of the Act if it constructs or uses a flood work for the purposes of a railway.
A roads authority for a public road (within the meaning of the Roads Act 1993) is exempt from section 91D (1) of the Act if it constructs or uses a flood work for the purposes of the public road.
A person is exempt from section 91D (1) of the Act if:
(a) the person constructs or uses a flood work that consists of earthworks (including farm tracks and check banks) that are less than 150 millimetres above (but not below) the natural surface of the ground in or on which it is constructed or situated, and
(b) the work is not situated in or on a place that is located within a designated high risk flood area.
An application under section 128 of the Act must be in the approved form.
Section 128 (2) of the Act requires an application to identify the land to be included in an irrigation corporation’s area of operations.
An application under section 128 of the Act with respect to land that is more than 15 per cent of the irrigation corporation’s existing area of operations must be advertised by the Minister by means of a notice published:
(a) in a local newspaper, and
(b) on the Department’s website.
The notice must contain the following information:
(a) the name of the applicants,
(b) the name of the irrigation corporation within whose area of operations the application seeks to include land,
(c) the purpose of the application (that is, to seek the inclusion of the land to which the application relates within the irrigation corporation’s area of operations),
(d) the area of the land to which the application relates,
(e) the general location of the land (by lot and deposited plan number or by such other description as formally identifies the land),
(f) the address to which, and the time by which, objections to the application should be made for the purposes of section 129 of the Act.
For the purposes of section 129 of the Act, an objection to the inclusion of land within an irrigation corporation’s area of operations:
(a) must be in writing, and
(b) must be signed or otherwise authenticated by the objector, and
(c) must contain the name and address of the objector, and
(d) must be lodged at, or sent by post to, the address specified in the notice, as referred to in clause 42 (3) (f), or lodged electronically as provided by clause 229, within 28 days after the notice was first published, and
(e) must specify the grounds of the objection.
An application under section 132 of the Act must be in the approved form.
Section 132 (2) of the Act requires an application to identify the land to be excluded from an irrigation corporation’s area of operations.
An application under section 132 of the Act with respect to land that is more than 15 per cent of the irrigation corporation’s existing area of operations must be advertised by the Minister by means of a notice published:
(a) in a local newspaper, and
(b) on the Department’s website.
The notice must contain the following information:
(a) the name of the applicants,
(b) the name of the irrigation corporation from whose area of operations the application seeks to exclude land,
(c) the purpose of the application (that is, to seek the exclusion of the land to which the application relates from the irrigation corporation’s area of operations),
(d) the area of the land to which the application relates,
(e) the general location of the land (by lot and deposited plan number or by such other description as formally identifies the land),
(f) the address to which, and the time by which, objections to the application should be made for the purposes of section 133 of the Act.
For the purposes of section 133 of the Act, an objection to the exclusion of land from an irrigation corporation’s area of operations:
(a) must be in writing, and
(b) must be signed or otherwise authenticated by the objector, and
(c) must contain the name and address of the objector, and
(d) must be lodged at, or sent by post to, the address specified in the notice, as referred to in clause 44 (3) (f), or lodged electronically as provided by clause 229, within 28 days after the notice was first published, and
(e) must specify the grounds of the objection.
In this Part:
(a) an election of members of a private irrigation board referred to in Part 2 of Chapter 4 of the Act, or
(b) an election of directors of a private drainage board referred to in Part 3 of Chapter 4 of the Act, or
(c) an election of members of a private water trust referred to in Part 4 of Chapter 4 of the Act.
(a) in the case of an election of members of a private irrigation board—the person appointed under clause 57 to be the returning officer for the election, and
(b) in the case of an election of directors of a private drainage board or of members of a private water trust—the person appointed under clause 56 to be the returning officer for the election.
In this Part, a reference to a Form is a reference to a Form set out in Schedule 6.
For the purposes of the first election of members of a private irrigation board, the Minister may divide a private irrigation district into zones.
For the purposes of the second and any later election of members of a private irrigation board, the private irrigation board may divide a private irrigation district into zones.
If a private irrigation district is divided into zones, the Minister or the board must:
(a) subject to section 148 (3) of the Act, determine the number of members to be elected by the voters of each zone, and
(b) show the zones on the plan of the private irrigation district exhibited as referred to in section 143 (3) (c) of the Act.
A person (including a corporation) is eligible to be elected as a member of a private irrigation board if the person is entitled to vote in the election.
A person is eligible to be elected as director of a private drainage board if the person is entitled to vote in the election.
However, a person is ineligible for election if the person:
(a) has not before nomination paid all moneys that were at any time before the end of the month preceding that in which nomination day falls, due by the person to the board, or
(b) has been convicted in New South Wales of a serious indictable offence or has been convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be a serious indictable offence.
A person is eligible to be elected as a member of a private water trust if the person is entitled to vote in the election.
However, a person who has been convicted of any serious indictable offence is ineligible to be elected as a member of a private water trust or to act as a member of a private water trust.
A person is entitled to vote in an election of members of a private irrigation board if the person is an owner of land within the private irrigation district of that board.
Except as provided by subclauses (3) and (4), at any such election:
(a) the owner of a non-irrigated holding is entitled to one vote, and
(b) the owner of an irrigated holding is entitled to:
(i) 2 votes if the area irrigated does not exceed 80 hectares, or
(ii) 3 votes if the area irrigated exceeds 80 hectares.
At an election for the West Corurgan Private Domestic and Stock Water Supply and Irrigation District:
(a) the owner of a non-irrigated holding is entitled to one vote, and
(b) the owner of an irrigated holding is entitled to:
(i) 2 votes if the quantity of water allocated to the holding does not exceed 200 megalitres, or
(ii) 3 votes if the quantity of water allocated to the holding exceeds 200 megalitres.
At an election for the Narromine Private Domestic and Stock Water Supply and Irrigation District:
(a) the owner of a non-irrigated holding is entitled to one vote, and
(b) the owner of an irrigated holding is entitled to:
(i) 2 votes if the allocation does not exceed 150 megalitres, and
(ii) if the allocation exceeds 150 megalitres, 2 votes, and one additional vote for each 150 megalitres by which the allocation exceeds 150 megalitres, but only to a maximum of 10 votes.
A person is entitled to vote in an election of directors of a private drainage board if the person is the owner of land within the drainage district of that board.
At any such election:
(a) the owner of land not exceeding 20 hectares is entitled to one vote, and
(b) the owner of land exceeding 20 hectares but not exceeding 120 hectares is entitled to 2 votes, and
(c) the owner of land exceeding 120 hectares is entitled to 3 votes.
If the Crown is in the roll of voters the votes may be exercised by:
(a) any director appointed to the board by the Minister, or
(b) if a director has not been appointed to the board by the Minister, by a public servant authorised in writing for that purpose by the Ministerial Corporation.
A person is entitled to vote in an election of members of a private water trust if the person is the owner of land within the water supply district of the trust.
At an election of members of a private water trust placed in charge of irrigation works, or works for the prevention of floods or the control of floodwaters within the Murray Basin:
(a) the owner of an area of land not exceeding 20 hectares is entitled to one vote, and
(b) the owner of an area of land exceeding 20 hectares, but not exceeding 120 hectares, is entitled to 2 votes, and
(c) the owner of an area of land exceeding 120 hectares is entitled to 3 votes.
At an election of members of a private water trust in charge of water supplies for domestic and stock purposes:
(a) the owner of an area of land not exceeding 800 hectares is entitled to one vote, and
(b) the owner of an area of land exceeding 800 hectares, but not exceeding 4,000 hectares, is entitled to 2 votes, and
(c) the owner of an area of land exceeding 4,000 hectares is entitled to 3 votes.
A person who is entitled to vote under this clause may by instrument in writing authorise the trustees to place on the roll of voters the name of some other person instead of the person’s own name. In such a case, the name of the other person is to be placed on the roll instead of the name of the person.
For the purposes of this clause, a person whose name is on the roll pursuant to an authority of the owner of a property is to be taken to be the owner of the area of land included in the property.
A person is entitled to vote in an election only if:
(a) the person has an entitlement set out in this Division, and
(b) as at the close of enrolments, the person’s name is included in the final roll for the election.
If land is owned:
(a) by a corporation—the corporation is taken to be included in the final roll for an election only if the secretary of the corporation or some other nominee is included in that roll as the representative of the corporation, or
(b) by more than one trustee or legal personal representative (whether as administrators or executors) on behalf of the estate of a person—the trustees are, or the estate is, taken to be included in the final roll for an election only if a nominee of those trustees or legal personal representatives is so included in that roll as the representative of the trustees or estate.
Only one person may be nominated to vote in the election as a representative of the corporation, trustees or estate concerned.
For the purpose of an election of members of a private water trust or directors of a private drainage board, the returning officer is the person appointed by the trust or board (as the case requires) to be the returning officer for the election.
Without limiting subclause (1), the secretary of a private drainage board may be appointed as the returning officer for an election.
For the purposes of the first election of members of a private irrigation board after the commencement of section 149 of the Act, the Minister is to appoint a returning officer.
For the purpose of any other election of members of a private irrigation board, the returning officer is to be appointed by the board.
Without limiting subclause (2), the secretary of a private irrigation board may be appointed as the returning officer for an election.
The returning officer for an election must prepare and keep:
(a) a preliminary roll of the persons who, in the opinion of the returning officer, are eligible to vote in the election, and
(b) an appropriately addressed label or an appropriately addressed envelope for each person whose name is included in that roll.
The preliminary roll:
(a) must contain the names and last known addresses of each sole owner of land within the district, and
(b) if there is more than one owner of any such land—must contain the name and last known address of any one of them who was, by notice in writing given to the returning officer, last nominated for the purposes of this paragraph by all the owners of the land, and
(c) must describe the area of land held by each, and
(d) must contain the number of votes to which each is entitled, and
(e) must be certified by the returning officer in accordance with Form 1.
This clause does not apply to an election held as a consequence of an earlier election that has failed if a preliminary roll for the earlier election has already been prepared by the returning officer.
The returning officer must cause copies of the preliminary roll to be exhibited for public inspection:
(a) at the places where applications for enrolment and objections against enrolment may be lodged, and
(b) for a period of at least 14 days.
A person whose name does not appear on the preliminary roll for an election may apply for enrolment in the final roll for the election.
The application must be in Form 2 and must be lodged with the returning officer before the close of enrolments.
On receipt of the application, the returning officer:
(a) if satisfied that the applicant is entitled to vote, must accept the application and enter the name and address of the applicant in the final roll, or
(b) if not so satisfied, must reject the application and inform the applicant in writing that the application has been rejected, or
(c) if the application is not in the proper form or is incomplete, must return the application for correction or completion and consider the duly corrected or completed application in accordance with this clause.
Before the close of enrolments, the returning officer and any person who is entitled to vote in an election may object to the inclusion of the name of any person in the final roll.
An objection:
(a) must be in Form 3, and
(b) must state the grounds on which it is made, and
(c) must be signed by the objector, and
(d) must be lodged with the returning officer.
The returning officer must send particulars of an objection to the person to whom the objection relates.
The person to whom an objection relates may lodge a written reply with the returning officer within 14 days after the date on which particulars of the objection were sent to that person.
The returning officer must consider each objection, and any reply received within that 14-day period, and may make such inquiries as the returning officer thinks fit.
The returning officer may accept or reject an objection.
If the returning officer accepts an objection, the returning officer must exclude from the final roll for the election the name of the person to whom the objection relates and must inform that person and the objector, in writing, that the person’s name is so excluded.
If the returning officer rejects an objection, the returning officer must notify the person to whom the objection relates and the objector, in writing, that the returning officer has rejected the objection.
The returning officer may require a person who lodges an objection, or who replies to an objection, to verify the objection or reply by statutory declaration.
For the purpose of enabling the returning officer to make a decision to accept or reject an objection to the inclusion of the name of a person in the final roll, the returning officer may require a person to furnish the returning officer with such information regarding the person objected to as the returning officer may specify.
The validity of the final roll for an election is not affected by the postponement of the close of the ballot by a notice published after the close of exhibition of the roll, and the roll remains the final roll for the election.
The final roll in relation to an election must be prepared in accordance with Division 6 before the calling of an election.
This clause does not apply to an election held as a consequence of an earlier election that has failed if a final roll for the earlier election has already been prepared by the returning officer.
The returning officer must fix a time and place for an election and cause notice of that fact:
(a) to be posted to every person eligible to vote at the election, or
(b) to be published in a newspaper circulating generally throughout the relevant board or trust’s district.
The notice:
(a) must state that an election is to be held for the purpose specified, and
(b) must call for nominations of candidates, and
(c) must specify the date (
the nomination day ) and time for the close of nominations, and(d) must advise where nomination forms can be obtained, and
(e) must advise where nominations may be lodged, and
(f) must, in the case of a notice sent to eligible voters, contain a nomination form, and
(g) must advise when and where the final roll for the election will be available on public exhibition.
The time specified in the notice for the close of nominations must be at least 14 days after notice is given.
Despite clause 64 (3), the returning officer may postpone the nomination day for a period not exceeding 14 days by a notice in a form similar to, and published in the same manner as, a notice referred to in clause 64 (1).
The power conferred on the returning officer by this clause may be exercised more than once in respect of an election.
Any person is eligible for nomination as a candidate for election if the person is eligible, under Division 3, to be elected.
A nomination of a candidate:
(a) must be in Form 4, and
(b) must be made by at least 2 persons (other than the candidate) who each are eligible to vote in the election, and
(c) must be endorsed with, or accompanied by, the consent of the nominee, and
(d) must be lodged with the returning officer before the close of nominations.
If the returning officer is of the opinion that an insufficient number of persons by whom a candidate has been nominated are eligible to nominate a candidate, the returning officer must, as soon as practicable, cause notice of that fact to be given to the candidate.
A candidate who has been nominated in an election may withdraw the nomination at any time before the close of nominations by notice in writing addressed to the returning officer.
If the number of persons who have been duly nominated as candidates by the close of nominations does not exceed the number of persons to be elected, each of those persons is taken to have been elected.
If the number of persons who have been duly nominated as candidates by the close of nominations exceeds the number of persons to be elected, a ballot must be held.
As soon as practicable after it becomes apparent to the returning officer that a ballot is required to be taken in respect of an election, the returning officer must cause notice that a ballot is to be taken:
(a) to be published in at least one newspaper circulating locally in the area to which the election relates, or
(b) to be sent by post to each person whose name is included in the final roll at the address shown on the roll.
The notice:
(a) must state that a ballot is to be taken, and
(b) must fix a time and date for the close of the ballot, and
(c) must, in the case of a notice in a newspaper, advise where copies of the final roll will be exhibited.
The notice must also state that it is compulsory for persons who wish to vote in the election to be enrolled in the final roll for the election.
The close of the ballot must not be earlier than 28 days after the calling of the ballot.
The returning officer may postpone (for a period not exceeding 14 days) the close of the ballot by a notice published in the same way as the notice stating that a ballot is to be held.
(b) for which the Minister administering that Act is the consent authority under the Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005.
Any activity comprising the excavation of the bed of a river, lake or estuary for the purpose of facilitating the use of a water supply work, being an activity that:
(a) is detailed in the conditions of the water supply work approval for the water supply work, and
(b) is carried out in accordance with those conditions.
Any of the following activities for the purpose of enabling a person to take, or facilitating a person’s taking of, water pursuant to section 52 (Domestic and stock rights) of the Act:
(a) the removal of alluvial material from the bed of a river to enable or facilitate the taking of water, if:
(i) any excavation:
(A) is no deeper than 1 metre, and
(B) is no wider than 1/3 of the width of the river at that point or 6 metres (whichever is lesser), and
(C) is no longer than its width, and
(ii) the only alluvial material that is removed is material that has been deposited on the riverbed by the flow of water in the river such as sand, silt or gravel, and
(iii) no material is removed within 1 metre of the bank of the river, and
(iv) any alluvial material that has been removed is placed in the bed of the river, immediately upstream of the excavation,
(b) any controlled activity in, on or under the bank of a river to enable or facilitate the installation of a pipe, if:
(i) the pipe is above ground or in a trench that is the minimum size necessary to hold the pipe but is no more than 0.3 metres wide and 0.3 metres deep, and
(ii) any material that is removed is used to backfill the trench within 48 hours after its removal,
(c) any controlled activity in, on or under waterfront land to enable or facilitate the installation of a water supply work that is a pump, if:
(i) the controlled activity is not on the bed or bank of a river, and
(ii) any material removed is the minimum amount necessary to establish a suitable pump site but is no more than 1 cubic metre, and
(iii) the area of land from which any material is removed is no greater than 4 square metres.
Any activity carried out, in accordance with a harvestable rights order, in connection with the construction or use of a dam on land within the harvestable rights area constituted by the order.
Any activity carried out in connection with the construction or use of fencing, or of a vehicular crossing or an access track, that does not impound water, being an activity carried out in, on or under waterfront land:
(a) relating to a minor stream, and
(b) within a rural zone (other than a rural village) under an environmental planning instrument.
Any activity carried out in connection with the construction or use of a work to which Part 2 of the former 1912 Act applies in accordance with a licence issued under that Part in relation to that work, being an activity that:
(a) is detailed in the conditions of the licence, and
(b) is carried out in accordance with those conditions.
Any activity carried out in connection with the construction or use of a controlled work within the meaning of Part 8 of the former 1912 Act in accordance with an approval issued under that Part in relation to that work, being an activity that:
(a) is detailed in the conditions of the approval, and
(b) is carried out in accordance with those conditions.
Any activity comprising nothing more than the removal of vegetation in circumstances that would otherwise be lawful.
The carrying out of development in accordance with section 16 of Part E (Rouse Hill Regional Centre) of Baulkham Hills Development Control Plan, on the land to which that section applies (being land bounded by Windsor Road, Commercial Road and Withers Road, Rouse Hill).
The carrying out of development in accordance with the Oran Park and Turner Road Waterfront Land Strategy 2009, as published in the Gazette on 17 July 2009.
Any activity carried out on waterfront land relating to a river where the channel of the river is fully concrete lined or is a fully enclosed pipe channel.
Any activity carried out in connection with the erection or demolition of, the making of alterations or additions to or the provision of ancillary facilities for, a dwelling house or dual occupancy building, being activities:
(a) that comprise exempt development or that are the subject of a development consent or complying development certificate in force under the Environmental Planning and Assessment Act 1979, and
(b) that are not carried out on or in:
(i) the bed or bank of any river, or
(ii) the bed or shore of any lake, or
(iii) the bed, or land lying between the bed and the mean high water mark, of any estuary.
In this clause:
Any activity carried out for the purposes only of complying with a direction given under the State Emergency Service Act 1989 or the State Emergency and Rescue Management Act 1989 in an emergency (within the meaning of the latter Act), being compliance that is in accordance with the Act under which the direction is given.
(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 2011 in respect of the election.
I,
Postal address:
Telephone No:
Date of birth:
Dated:
Signed:
(Clause 166)
(Clause 226AA)
(Clause 228)
Column 1 | Column 2 | Column 3 |
Provision of Act | Penalty for individual | Penalty for corporation |
Section 60A (2) | $750 | $1500 |
Section 60B | $750 | $1500 |
Section 60C (2) | $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 |
Column 1 | Column 2 | Column 3 |
Provision of Regulation | Penalty for individual | Penalty for corporation |
Clause 118 (1) | $500 | |
Clause 119 (1) | $500 | |
Clause 120 (1) or (2) | $500 | |
Clause 121 (1), (2) or (3) | $500 | |
Clause 122 | $500 | |
Clause 127 | $200 | |
Clause 128 (1) | $200 | |
Clause 136 (4) | $200 | |
Clause 138 (1) | $500 | |
Clause 139 (1) | $500 | |
Clause 151 (1) | $500 | |
Clause 152 | $500 | |
Clause 154 (1) or (3) | $500 | |
Clause 156 (2) or (3) | $700 | |
Clause 161 (3) | $500 | |
Clause 178 | $200 | |
Clause 179 | $200 | |
Clause 181 | $200 | |
Clause 182 | $200 | |
Clause 183 (3) | $200 | |
Clause 184 | $200 |
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.
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,
This Part continues the operation of certain provisions of Part 1 of Schedule 7 to the Water Management (General) Regulation 2004 which is repealed on 1 September 2011 by section 10 of the Subordinate Legislation Act 1989. The operation of the repealed Part is preserved by section 30 of the Interpretation Act 1987.
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.
This Part continues the operation of Part 3 of Schedule 7 to the Water Management (General) Regulation 2004 which is repealed on 1 September 2011 by section 10 of the Subordinate Legislation Act 1989. The operation of the repealed Part is preserved by section 30 of the Interpretation Act 1987.
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.
This Part is a re-enactment of Part 4 of Schedule 7 to the Water Management (General) Regulation 2004 which is repealed on 1 September 2011 by section 10 of the Subordinate Legislation Act 1989. The operation of the repealed Part is preserved by section 30 of the Interpretation Act 1987.
Any reference in a management plan to “adaptive environmental water” continues to be 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.
This Part continues the operation of Part 6 of Schedule 7 to the Water Management (General) Regulation 2004 which is repealed on 1 September 2011 by section 10 of the Subordinate Legislation Act 1989. The operation of the repealed Part is preserved by section 30 of the Interpretation Act 1987.
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 July 2015 (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 July 2015, 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 July 2015 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.
Division 3 of Part 4 of the Irrigation Corporations Act 1994 continues to have effect despite its repeal by Schedule 7 to the Water Management Act 2000.
This clause is a re-enactment of clause 11 of the Water Management (Irrigation Corporations) Savings and Transitional Regulation 1995 which is repealed on 1 September 2011 by section 10 of the Subordinate Legislation Act 1989. The operation of the repealed clause is preserved by section 30 of the Interpretation Act 1987.
Clause 5 of the 2004 Regulation (Pre-1999 existing works) continues to apply as if that clause had not been repealed, in relation to an application for a water supply work approval for a pre-1999 existing work or an application for an access licence for water taken by means of a pre-1999 existing work (as referred to in that clause):
(a) that is received by the Minister on or before 31 December 2011, and
(b) that is accompanied by information that indicates to the satisfaction of the Minister that the construction of the water supply work to which the application relates was completed before 1 January 1999.
Clause 20 of the 2004 Regulation (Granting of access licences) continues to apply as if it had not been repealed:
(a) to an application for an access licence under clause 5 (5) of the 2004 Regulation that was made but not finally determined at the commencement of this Regulation, and
(b) to an application for an access licence under clause 5 (5) as continued in operation by subclause (1).
In this clause:
The Trust is wound up in accordance with this clause.
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 Anabranch Private Irrigation District.
The following provisions have effect with respect to the transfer:
(a) the assets of the Trust vest in the Anabranch Private Irrigation District 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 Anabranch Private Irrigation District,
(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 Anabranch Private Irrigation District,
(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 Anabranch Private Irrigation District,
(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 Anabranch Private Irrigation District.
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.
In this clause:
0
0
0