Water Management (General) Regulation 2018 (NSW)
This Regulation is the Water Management (General) Regulation 2018.
This Regulation commences on 24 August 2018 and is required to be published on the NSW legislation website.
This Regulation repeals and replaces the Water Management (General) Regulation 2011 which would otherwise be repealed on 1 September 2018 by section 10(2) of the Subordinate Legislation Act 1989.
In this Regulation—
(a) the Department’s website, or
(b) a publicly available website maintained by WaterNSW and approved by the Minister.
(a) a sudden natural event, including a storm, flood, tree fall, bush fire, land slip or coastal inundation, or
(b) a sudden ingress of water, into an excavation site, that is not—
(i) foreseen, or
(ii) a result of inadequate planning or assessment or the use of unsuitable materials or methods, or
(c) an accident, or
(d) an actual or imminent failure of infrastructure or equipment, including a rupture or breakage of piping infrastructure caused by natural ground movements, or
(e) an unlawful act resulting in damage, including vandalism, arson or pollution.
(a) public health and safety, or
(b) the environment, including groundwater systems, or
(c) infrastructure or the construction of infrastructure.
(a) a member of a private water entity, or
(b) a landholder to whom the entity provides services, or
(c) a person with whom the entity enters into an agreement under the Act, section 151 or 231.
(a) required by an order, or approved voluntary management proposal, under Part 3 of the Contaminated Land Management Act 1997, or
(b) required by the conditions of a development consent under Part 4, of an approved project under Part 3A or of an approval under Division 5.2 of Part 5, 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 2014, or
(e) constructed and operated only by the Ministerial Corporation.
(a) any stream or part of a stream—
(i) the location of which is specified in the hydroline spatial data, and
(ii) that is identified as a first or second order stream, or part of such a stream, as determined in accordance with the system set out in Schedule 2, and
(iii) that does not maintain a permanent flow of water, being a visible flow that occurs on a continuous basis, or would so occur if there were no artificial abstractions of water or obstruction of flows upstream, and
(iv) that does not at any time carry flows emanating from a third or higher order stream as determined in accordance with the system set out in Schedule 2, or
(b) any stream or part of a stream the location of which is not specified in the hydroline spatial data.
For the purposes of paragraphs (a)(i) and (b), a stream is specified in the hydroline spatial data if it is identified as a watercourse (however described) in accordance with the legend or terms of that data.
(a) a private water corporation, or
(b) a private water trust.
(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.
(Repealed)
In this Regulation, a requirement to give information to the Natural Resources Access Regulator is met only if the information is given using the contact telephone number or email address published on the website of the Natural Resources Access Regulator.
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) domestic and stock (conveyance) access licence,
(d) unregulated river (high flow) access licence,
(e) regulated river (general security—A class) access licence,
(f) regulated river (general security—B class) access licence,
(g) aquifer (general security) access licence,
(h) unregulated river (special additional high flow) access licence,
(i) salinity and water table management access licence,
(j) aquifer (high security) access licence,
(k) unregulated river (regulated supply—local water utility) access licence,
(l) unregulated river (regulated supply) access licence,
(m) unregulated river (A class) access licence,
(n) unregulated river (B class) access licence,
(o) unregulated river (C class) access licence,
(p) major utility (Barnard) access licence,
(q) Penrith Lakes Scheme (initial fill of the lakes that form part of the Scheme) access licence,
(r) West Corurgan Temporary Critical Conveyance access licence,
(s) Moira Temporary Critical Conveyance access licence,
(t) Eagle Creek Temporary Critical Conveyance access licence,
(u) Mathoura Temporary Critical Conveyance access licence,
(v) unregulated river pumped hydro-electricity generation (construction and initial storage fill) access licence,
(w) Riverina Water County Council PFAS Alternate Supply 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,
(g) West Corurgan Temporary Critical Conveyance access licence,
(h) Moira Temporary Critical Conveyance access licence,
(i) Eagle Creek Temporary Critical Conveyance access licence,
(j) Mathoura Temporary Critical Conveyance access licence,
(k) unregulated river pumped hydro-electricity generation (construction and initial storage fill) access licence,
(l) Riverina Water County Council PFAS Alternate Supply 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) the following access licences have equal priority with each other and have priority over any other access licences referred to in section 58(1)(c) of the Act—
(i) regulated river (conveyance) access licences,
(ii) Murrumbidgee Irrigation (conveyance) access licences,
(iii) Coleambally Irrigation (conveyance) access licences,
(iv) West Corurgan Temporary Critical Conveyance access licences,
(v) Moira Temporary Critical Conveyance access licences,
(vi) Eagle Creek Temporary Critical Conveyance access licences,
(vii) Mathoura Temporary Critical Conveyance access licences, 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.
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 applicant, and
(c) must be accompanied by, or make provision for the payment of, any 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 256.
See section 80 of the Interpretation Act 1987 with respect to compliance with approved forms.
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) a domestic and stock access licence (other than subcategory “domestic”), but only if—
(i) the application is made by a landholder who became the landholder not more than 12 months before making the application, and
(ii) immediately before the applicant became the landholder, a domestic and stock access licence was in force in relation to the land (the
former licence ), and(iii) the domestic and stock access licence is for the same subcategory (if any) as the former licence, and
(iv) the share component does not exceed the share component (if any) of the former licence, and
(v) the former licence has been, or should be, cancelled because it can no longer be used by the person who was formerly the landholder,
(d) an unregulated river access licence (subcategory “town water supply”), for the purpose of supply to communities for domestic consumption and commercial activities,
(e) a regulated river (high security) access licence (subcategory “town water supply”), for the purpose of supply to communities for domestic consumption and commercial activities,
(f) an aquifer access licence (subcategory “town water supply”), for the purpose of supply to communities for domestic consumption and commercial activities,
(g) any category of specific purpose access licence (subcategory “Aboriginal cultural”), for Aboriginal cultural purposes,
(h) a major utility (Barnard) access licence,
(i) a Penrith Lakes Scheme (initial fill of the lakes that form part of the Scheme) access licence,
(j) an unregulated river access licence (subcategory “Snowy 2.0 project”),
(k) a West Corurgan Temporary Critical Conveyance access licence, for the purpose of enabling water to be supplied to the West Corurgan Private Irrigation District for domestic consumption and stock watering until the sum of available water determinations made by the Minister after the grant of the licence in relation to regulated river (general security) access licences in the New South Wales Murray regulated river water source exceeds 0.15 ML per unit share,
(l) Moira Temporary Critical Conveyance access licence, for the purpose of enabling water to be supplied to the Moira Private Irrigation District until the sum of available water determinations made by the Minister after the grant of the licence in relation to regulated river (general security) access licences in the New South Wales Murray regulated river water source exceeds 0.15 ML per unit share,
(m) Eagle Creek Temporary Critical Conveyance access licence, for the purpose of enabling water to be supplied to the members of the Eagle Creek Pumping Syndicate Incorporated until the sum of available water determinations made by the Minister after the grant of the licence in relation to regulated river (general security) access licences in the New South Wales Murray regulated river water source exceeds 0.15 ML per unit share,
(n) Mathoura Temporary Critical Conveyance access licence, for the purpose of enabling water to be supplied to the members of the Mathoura Joint Water Supply Association Incorporated until the sum of available water determinations made by the Minister after the grant of the licence in relation to regulated river (general security) access licences in the New South Wales Murray regulated river water source exceeds 0.15 ML per unit share,
(o) an unregulated river pumped hydro-electricity generation (construction and initial storage fill) access licence,
(p) an unregulated river access licence of subcategory “McPhillamys Belubula River gold mine”, for the purpose of enabling water to be taken for McPhillamys Gold Mine from the Belubula River above Carcoar Dam water source,
(q) an unregulated river access licence of subcategory “Newcastle Racecourse”, for the purpose of enabling water to be taken, for use on the Newcastle racecourse and nearby playing fields, from the Newcastle water source,
(r) an aquifer access licence of subcategory “Temporary dewatering for construction”, for the purpose of extracting water from—
(i) the Tweed-Brunswick Coastal Sands groundwater source to facilitate the construction of a seawater intake pipeline for an aquaculture facility at Cudgen, or
(ii) the Metropolitan Coastal Sands groundwater source to facilitate excavation required for the construction of a building, road or infrastructure to establish a mixed-use development for the purposes of a health services facility, and associated commercial purposes, at Manly, or
(iii) the Hawkesbury to Hunter Coastal Sands Groundwater Source to facilitate the construction of a desalination plant at Belmont, or
(iv) the Sydney Basin Central Groundwater Source to facilitate construction for the Sydney Metro West Project or the Sydney Metro—Western Sydney Airport project, or
(v) the Tweed River Area Coastal Floodplain Alluvial Groundwater Source to facilitate the construction of water, wastewater, stormwater or floodwater utility infrastructure at or near Murwillumbah,
(s) a regulated river (high security) access licence, subcategory “Lake Albert filling”, if the application is made—
(i) by Wagga Wagga City Council, and
(ii) for the purpose of enabling no more than 1.8 GL of water per year to be used for filling Lake Albert,
(t) an unregulated river access licence, subcategory “Mamre Road precinct and Western Sydney Aerotropolis stormwater management”, if the application is made by Sydney Water Corporation for the purpose of enabling stormwater to be taken from—
(i) land in the Mamre Road precinct, identified as Precinct 12 as shown on the State Environmental Planning Policy (Western Sydney Employment Area) 2009 Land Application Map Sheet LAP_001, and
(ii) land identified by the area shaded white as shown on the State Environmental Planning Policy (Precincts—Western Parkland City) 2021 Land Application Map—Aerotropolis Sheet LAP_001.
(u) a local water utility access licence (the
licence ), if—(i) the application is made by Tamworth Regional Council, and
(ii) before the application is made, a notice of surrender of WAL 20953 is given under the Act, section 77, and
(iii) the notice of surrender specifies that the surrender of WAL 20953 does not take effect—
(A) unless the licence is granted, and
(B) until immediately after the licence is amended to nominate a specified water supply work or extraction point for the licence, and
(iv) the share component of the licence is the same as the share component of WAL 20953,
(v) a Riverina Water County Council PFAS Alternate Supply access licence, if the application is made—
(i) by Riverina Water County Council, and
(ii) for the purpose of town water supply, and
(iii) in the event of PFAS contamination of the groundwater used for the Wagga Wagga town water supply.
In this clause—
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) of the Act 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) of the Act 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.
For the purposes of paragraph (j) of the definition of
A notice served on the holder or co-holder of an access licence, a person having a registered caveat over an access licence or holding and the Minister in relation to the transfer of the licence or holding 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 for the purposes of section 71X of the Act, 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—
(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 Secretary 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 2 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 256.
See section 80 of the Interpretation Act 1987 with respect to compliance with approved forms.
In this division—
(a) an assignment of water allocations to or from the water allocation account for an access licence in accordance with the Act, section 71T,
(b) the debiting of water allocations from the water allocation account for an access licence, in accordance with the Act, section 71V, to give effect to an interstate assignment of water allocations by an assignor who resides, or is otherwise located, in New South Wales.
(a) $2 or more per ML, and
(b) less than the sum of the following—
(i) the average eligible dealing unit price of all eligible dealings in the water year,
(ii) three times the standard deviation of the eligible dealing unit price of all eligible dealings in the water year.
(a) calculating the aggregate amount paid by the assignees in relation to the dealings, and
(b) dividing the result by the aggregate volume of the water allocations the subject of the dealings.
(a) for a groundwater source for clause 20A(4)—the water region specified in Schedule 11, Part 1, Column 2 for the water sharing plan that applies to the water source, and
(b) otherwise—the water region specified in Schedule 11, Part 1, Column 3 for the water sharing plan that applies to the water source.
A reference in this division to the volume of water is taken to be the volume of the water as expressed in ML.
The value of water illegally taken from a water source (
If there are 20 or more relevant dealings during the relevant water year that are within the relevant water source, the value of the illegally taken water is determined by multiplying the VWAP of the relevant dealings by the volume of the illegally taken water.
If subclause (2) does not apply, but there are 20 or more relevant dealings during the relevant water year that are within or between water sources to which the water sharing plan that applies to the relevant water source also applies, the value of the illegally taken water is determined by multiplying the VWAP of the relevant dealings by the volume of the illegally taken water.
If subclauses (2) and (3) do not apply, but there are 20 or more relevant dealings during the relevant water year that are within or between water sources in the same water region as the relevant water source, the value of the illegally taken water is determined by multiplying the VWAP of the relevant dealings by the volume of the illegally taken water.
If subclauses (2)–(4) do not apply, the value of the illegally taken water is the gross margin value for the water region for the relevant water source, multiplied by the volume of the illegally taken water.
For subclause (3), if the relevant water source is a groundwater source, the 20 or more relevant dealings must be only within or between groundwater sources.
For subclauses (3) and (4), the 20 or more relevant dealings must be only within or between—
(a) if the relevant water source is a regulated water source—regulated water sources, or
(b) if the relevant water source is an unregulated water source—unregulated water sources.
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 4, 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 4 (Taking water for basic human water needs)) 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 17 of Schedule 4 (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.
An exemption conferred by this clause with respect to the taking of water for the purposes and in the circumstances specified in clause 7 of Schedule 4 (Water taken in course of certain aquifer interference activities) is subject to the condition that the person claiming the exemption must—
(a) record water taken for which the exemption is claimed, and
(b) make the record not later than 24 hours after water is taken, and
(c) make the record in an approved form and manner, and
(d) keep the record for a period of 5 years, and
(e) give the record to the Minister in an approved form and manner—
(i) not later than 28 days after the end of the water year in which the water was taken, or
(ii) if the Minister directs the person in writing to give the record to the Minister on an earlier date, by that date.
An exemption conferred by this clause in relation to the taking of groundwater or overland flow water for the purpose specified in Schedule 4, clause 17B (Emergency works) is subject to the condition that the person claiming the exemption must—
(a) before or as soon as reasonably possible after commencing the relevant emergency works, give the Natural Resources Access Regulator the following information—
(i) the person’s name and contact details,
(ii) if applicable—the name and contact details of any other person by whom, or body by which, the works are to be carried out,
(iii) the address of the site of the works,
(iv) the nature of the emergency event resulting in the need to carry out the works,
(v) the significant risk to be reduced by the works, and
(b) within 14 days after completing the relevant emergency works, give the Natural Resources Access Regulator the following further information—
(i) the date of completion of the works,
(ii) the volume of groundwater or overland flow water extracted while carrying out the works,
(iii) if it is not possible to measure the volume of groundwater or overland flow water extracted while carrying out the works—an estimate of the volume.
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 (within the meaning of Schedule 10 to the Act) is exempt from the requirement under clause 19(5)(d) of Schedule 10 to the Act that the person lodge written notice with the Secretary as referred to in that paragraph.
The person is exempt from that requirement only if the licence holder requests, by notice in writing to the Secretary, that the security interest be registered in the Access Register.
(Repealed)
In this Part—
(a) specified in Appendix 2 to the Volumetric Conversion—the next stage, as in force from time to time, and available on the Department’s website, and
(b) expressed in units of a share component per hectare.
The Minister must determine if a landholder is eligible for a replacement floodplain harvesting access licence.
A landholder is eligible if the Minister is satisfied that, on 3 July 2008, a water supply work capable of floodplain harvesting—
(a) was fully constructed on the landholder’s land and a relevant approval was in force that specified—
(i) the work, or
(ii) a related or connected work, or
(b) was fully constructed on the landholder’s land without a relevant approval and an approval under the Water Act 1912, Part 8 was not required to construct the work, or
(c) was fully or partially constructed, or proposed to be constructed, on the landholder’s land and an application for a relevant approval that specified the work was made but not determined.
In determining whether or not a landholder is eligible, the Minister must consider relevant information provided by the landholder in relation to the water supply work.
The Minister may determine that a landholder is not eligible only if—
(a) the landholder is given, whether under this clause or otherwise, written notice and 28 days in which to make submissions about the proposed determination of eligibility, and
(b) the Minister has considered submissions received from the landholder within the 28 days.
If the Minister determines that a landholder is eligible for a replacement floodplain harvesting access licence under this clause, the Minister must determine the share component of the licence in accordance with Division 2.
In this clause—
(a) constructed on the land specified in the approval, and
(b) located within the footprint of the work specified in the approval.
(a) an approval under the Act, Chapter 3, Part 3, or
(b) a licence or permit within the meaning of the Water Act 1912, Part 2, or Part 8 as in force immediately before the repeal of that Part.
This clause applies to an eligible landholder if, on 3 July 2008, one of the following licences was in force in relation to the land on which the landholder’s eligible water supply work is located—
(a) a regulated river access licence without an unregulated river access licence,
(b) a regulated river access licence with an unregulated river access licence,
(c) a Barwon-Darling unregulated river access licence.
The Minister must determine the share component of a replacement floodplain harvesting access licence by using the 3 models referred to in Division 3 that apply to the regulated river water source or the Barwon-Darling water source, as the case requires.
In determining the share component of a replacement floodplain harvesting access licence for a landholder eligible under subclause (1)(b), the Minister must deduct the share component of the unregulated river access licence from the proposed share component of the replacement floodplain harvesting access licence.
Despite subclause (3), the Minister—
(a) is not required to deduct the share component of the unregulated river access licence if satisfied there were no water supply works used in connection with the unregulated river access licence, and
(b) may deduct a proportion of the share component of the unregulated river access licence that corresponds with the amount by which the volume of water taken under the unregulated river access licence is less than the maximum volume specified for the licence.
In this clause—
(a) an unregulated river access licence, or
(b) an entitlement that was replaced, on or after 3 July 2008, by an unregulated river access licence under the Act, Schedule 10.
This clause applies to an eligible landholder if—
(a) an entitlement or an entitlement and 1 or more bore licences was, on or after 1 July 1993 and on or before 30 June 1999, in force in relation to the land on which the landholder’s eligible water supply work is located, and
(b) the entitlement was replaced by an unregulated river access licence under the Act, Schedule 10, and
(c) the bore licences, if any, were replaced by aquifer access licences under the Act, Schedule 10, and
(d) clause 23C does not apply to the landholder.
The Minister must determine the share component of a replacement floodplain harvesting access licence for the eligible landholder by—
(a) deducting the authorised area from the maximum crop area in the relevant year, and
(b) multiplying the result by the crop conversion rate for the crop grown in the relevant year, and
(c) deducting the greater of the following for the relevant year under the bore licences, expressed in megalitres—
(i) the metered groundwater usage,
(ii) the entitlement.
For subclause (2)(c), 1ML is taken to be 1 unit of a share component.
The share component of the replacement floodplain harvesting access licence is zero if the result under subclause (2) is less than or equal to zero.
In this clause—
This clause applies to an eligible landholder if—
(a) a bore licence was, on or after 1 July 1993 and on or before 30 June 1999, in force in relation to the land on which the landholder’s eligible water supply work is located, and
(b) the bore licence was replaced by an aquifer access licence under the Act, Schedule 10, and
(c) clause 23D does not apply to the landholder.
The Minister must determine the share component of a replacement floodplain harvesting access licence by—
(a) multiplying the maximum crop area for the relevant year by the crop conversion rate for cotton, and
(b) deducting the greater of the following for the relevant year under the bore licence, expressed in megalitres—
(i) the metered groundwater usage,
(ii) the entitlement.
The share component of the replacement floodplain harvesting access licence is zero if the result under subclause (2) is less than or equal to zero.
For subclause (2)(b), 1ML is taken to be 1 unit of a share component.
The Minister must comply with this clause before making a final determination of the share component for a replacement floodplain harvesting access licence for an eligible landholder.
The Minister must—
(a) give the landholder written notice of the proposed share component (the
first notice ), and(b) consider submissions, if any, received from the landholder in accordance with the first notice.
After considering the submissions, the Minister must decide whether or not to revise the proposed share component.
If the revised share component is less than the amount of the proposed share component specified in the first notice, the Minister must—
(a) give the landholder further written notice of the proposed share component (the
further notice ), and(b) consider the submissions, if any, received from the landholder in accordance with the further notice.
A notice given to a landholder under this clause must include the following information—
(a) the amount of the proposed share component,
(b) that the landholder may, within 28 days after receiving the notice, make submissions about the proposed share component,
(c) the method for making submissions,
(d) for a further notice—reasons for the reduction of the amount of the proposed share component specified in the first notice.
For the purpose of finally determining the share component for a replacement floodplain harvesting access licence for an eligible landholder, the Minister must, after considering all submissions received from the landholder under clause 23F, adopt the following models for the water source—
(a) the current conditions model,
(b) the eligible water supply works scenario model,
(c) the plan limit compliance scenario model.
The Minister must publish, on the Department’s website, the following information in relation to each model referred to in this division—
(a) a description of the model,
(b) the objectives for the model,
(c) the matters the model represents,
(d) the data the model relies on.
The current conditions model represents—
(a) the total number of water supply works, whether or not eligible water supply works, for the water source, and
(b) the estimated volume of water used by the water supply works for the water source.
The current conditions model is used to determine the percentage by which the estimated volume of water used by all water supply works for the water source—
(a) exceeds the long-term average annual extraction limit, and
(b) must be reduced to comply with the long-term average annual extraction limit.
The eligible water supply works scenario model represents—
(a) the total number of eligible water supply works, and
(b) the estimated volume of water used by the eligible water supply works for the water source.
The eligible water supply works scenario model is used to determine the estimated volume of water capable of being used by—
(a) a landholder’s eligible water supply work for the water source, and
(b) all eligible water supply works for the water source.
The plan limit compliance scenario model is based on—
(a) the proposed share components of the replacement floodplain harvesting access licences for the water source, and
(b) the existing or proposed bulk access regime for the water source, and
(c) existing or proposed water sharing provisions of a management plan for the water source that deal with the matters specified in the Act, section 21(a) and (c) in relation to floodplain harvesting.
If the long-term average annual extraction limit is exceeded, the plan limit compliance scenario model provides for an adjustment to proposed share components of replacement floodplain harvesting access licences for the water source.
The adjustment must be proportionately allocated to each landholder who has an eligible water supply work for the water source.
The adjustment must be the lesser of—
(a) an adjustment required to bring the total average annual volume of water taken within the long-term average annual extraction limit, or
(b) an adjustment required to bring the floodplain harvesting part of the total average annual volume of water taken within the floodplain harvesting part of the long-term average annual extraction limit.
A replacement floodplain harvesting access licence takes effect, and the eligible landholder is taken to hold the licence, only after the Minister gives written notice to the landholder of—
(a) the category of the replacement floodplain harvesting access licence, and
(b) the final share component of the licence determined in accordance with Division 2.
The categories of replacement floodplain harvesting access licence are—
(a) for an eligible landholder if, on or before 3 July 2008, a regulated river access licence was in force in relation to the land on which the landholder’s eligible water supply work is located—a floodplain harvesting (regulated river) access licence, and
(b) otherwise—a floodplain harvesting (unregulated river) access licence.
A water supply work is taken to have been nominated under the Act, section 71W in relation to an eligible landholder’s replacement floodplain harvesting access licence if the work—
(a) is capable of floodplain harvesting, and
(b) is located on the eligible landholder’s land, and
(c) is specified in a water supply work approval.
Despite another provision of this Part, a landholder is not eligible for a replacement floodplain harvesting access licence and does not hold a licence if—
(a) the final share component for the licence is determined to be zero or less, or
(b) the Minister, by notice published on the Department’s website, declares that the process under this Part for issuing replacement floodplain harvesting access licences for which the landholder may have been eligible is completed in relation to the relevant floodplain.
For the Act, Dictionary, definition of
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 applicant, 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 256.
See section 80 of the Interpretation Act 1987 with respect to compliance with approved forms.
An assessment referred to in subclause (1)(b) must be prepared in accordance with the 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 required to be advertised 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 required to be advertised 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, 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 required to be advertised 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.
An application referred to in subclause (1) does not have to be advertised if the water supply work concerned is to be used for the taking of water in relation to floodplain water usage by a landholder that is to be converted into a replacement floodplain harvesting access licence (within the meaning of section 57A of the Act), but only if that licence has not been granted to the landholder.
An application for an approval must be advertised by the Minister by a notice published on—
(a) the Department’s website, or
(b) a publicly available website maintained by WaterNSW, or
(c) a publicly available website maintained by the Natural Resources Access Regulator.
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.
In this clause—
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 26(8)(g) or, if in electronic form, lodged electronically as provided by clause 256, 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) 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, or
(b) in the case of an approval jointly held by 2 or more persons, each of the persons request the creation of 2 or more approvals from the approval jointly held by the persons, or
(c) for a water supply work approval held by 1 person and nominated in a floodplain harvesting (regulated river) access licence or a floodplain harvesting (unregulated river) access licence—
(i) the person requests the creation of 2 or more approvals from the approval held by the person, and
(ii) the resulting approvals do not relate to additional uses, works, activities or land, and
(iii) each resulting approval includes a work nominated in a floodplain harvesting (regulated river) access licence or a floodplain harvesting (unregulated river) access licence.
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) a location to which the approval relates, or
(b) the management plan, water source or management zone to which the approval relates, or
(c) a work to which the approval relates, or
(d) the approval holder’s name.
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.
The register must include the class of each work under a water supply work approval in accordance with subclause (1B).
Each work under a water supply work approval belongs to one of the following classes—
(a) for a work subject to an exemption under clause 232A(3)(b) or 238CA(3)(b)—decommissioned,
(b) for a work subject to an exemption under clause 232A(3)(c) or 238CA(3)(c)—constructed, basic landholder rights only,
(c) for a work subject to an exemption under clause 232A(3)(d) or 238CA(3)(d)—constructed, not taking water,
(d) for a work subject to an exemption under clause 232A(3)(e) or 238CA(3)(e)—constructed, approval holder declared not taking water
(e) for any other work that is constructed—constructed,
(f) for any other work approved but not constructed—not constructed.
The register must also specify—
(a) the works under a water supply work approval that are controlling works as referred to in clause 238FB, and
(b) for all works under a water supply work that are classified as constructed that metering is required unless an exemption applies.
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 Secretary 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.
In this Division—
A person who is exempt under clause 21 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 4 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 21 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 21 with respect to approved watering for basic human water needs (within the meaning of clause 14 of Schedule 4) ceases to apply at the same time as the exemption ceases to apply under clause 21(4).
An exemption conferred by this clause in respect of an exemption under clause 21 with respect to the taking of water for the purposes and in the circumstances specified in clause 17 of Schedule 4 (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.
An exemption conferred by this clause in relation to an exemption under clause 21 in relation to the taking of groundwater or overland flow water for the purpose specified in Schedule 4, clause 17B (Emergency works) is subject to the condition that the person claiming the exemption must—
(a) before or as soon as reasonably possible after commencing the relevant emergency works, give the Natural Resources Access Regulator the following information—
(i) the person’s name and contact details,
(ii) if applicable—the name and contact details of any other person by whom, or body by which, the works are to be carried out,
(iii) the address of the site of the works,
(iv) the nature of the emergency event resulting in the need to carry out the works,
(v) the significant risk to be reduced by the works, and
(b) within 14 days after completing the relevant emergency works, give the Natural Resources Access Regulator the following further information—
(i) the date of completion of the works,
(ii) the volume of groundwater or overland flow water extracted while carrying out the works,
(iii) if it is not possible to measure the volume of groundwater or overland flow water extracted while carrying out the works—an estimate of the volume.
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 within an area declared to be an area of outstanding biodiversity value under the Biodiversity Conservation Act 2016,
(b) land within an area declared to be critical habitat under Division 3 of Part 7A of the Fisheries Management Act 1994,
(c) 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,
(d) land that is an Aboriginal place within the meaning of the National Parks and Wildlife Act 1974,
(e) land that is reserved for any purpose under the National Parks and Wildlife Act 1974,
(f) land the subject of a conservation agreement in force under section 69B of the National Parks and Wildlife Act 1974,
(g) land the subject of a property vegetation plan under Part 4 of the Native Vegetation Act 2003 (as continued in force under the Biodiversity Conservation Act 2016),
(h) land within a State forest within the meaning of the Forestry Act 2012 (other than land in any part of a State forest that is a plantation within the meaning of that Act),
(i) land within a coastal wetlands and littoral rainforests area (within the meaning of the Coastal Management Act 2016),
(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,
(108) | Water Management (General) Amendment (Specific Purpose Access Licences) Regulation 2023. LW 2.3.2023. Date of commencement, on publication on LW, sec 2. | |
(109) | Water Management (General) Amendment (Temporary Offence Exemptions) Regulation 2023. LW 2.3.2023. Date of commencement, on publication on LW, sec 2. | |
(323) | Water Management (General) Amendment (Access Licence Exemption) Regulation 2023. LW 23.6.2023. Date of commencement, on publication on LW, sec 2. | |
No 7 | Statute Law (Miscellaneous Provisions) Act 2023. Assented to 3.7.2023. Date of commencement, 14.7.2023, sec 2. The amendment made by Sch 2.51 to Part 2, cl 23A was without effect as the provision to be amended was repealed by Water Management (General) Amendment (Temporary Offence Exemptions) Regulation 2023 (109). | |
(653) | Water Management (General) Amendment (Floodplain Harvesting Access Licences) Regulation (No 2) 2023. LW 8.12.2023. Date of commencement, on publication on LW, sec 2. | |
(24) | Water Management (General) Amendment (Joint Private Works) Regulation 2024. LW 9.2.2024. Date of commencement,1.3.2024, sec 2. | |
(223) | Water Management (General) Amendment (Water Supply Authorities) Regulation 2024. LW 21.6.2024. Date of commencement, on publication on LW, sec 2. | |
(264) | Water Management (General) Amendment (Access Licence) Regulation 2024. LW 28.6.2024. Date of commencement, on publication on LW, cl 2. | |
(332) | Water Management (General) Amendment (Specific Purpose Access Licences) Regulation 2024. LW 2.8.2024. Date of commencement, on publication on LW, cl 2. | |
No 49 | Water Management Amendment (Central Coast Council) Act 2024. Assented to 15.8.2024. Date of commencement, assent, sec 2. | |
(488) | Water Management (General) Amendment (Miscellaneous) Regulation 2024. LW 20.9.2024. Date of commencement, on publication on LW, sec 2. | |
No 80 | Water Legislation Amendment Act 2024. Assented to 21.11.2024. Date of commencement, assent, sec 2. | |
(606) | Water Management (General) Amendment (Fire Fighting Exemptions) Regulation 2024. LW 29.11.2024. Date of commencement, on publication on LW, sec 2. | |
(29) | Water Management (General) Amendment (Specific Purpose Access Licences) Regulation 2025. LW 7.2.2025. Date of commencement, on publication on LW, sec 2. | |
(38) | Water Management (General) Amendment (Floodplain Harvesting Access Licences) Regulation 2025. LW 14.2.2025. Date of commencement of Sch 1[1], on publication on LW, sec 2(b); date of commencement of Sch 1[2]–[4], 1.7.2025, sec 2(a). | |
(92) | Water Management (General) Amendment (Metering) Regulation 2025. LW 7.3.2025. Date of commencement, on publication on LW, sec 2. | |
(259) | Water Management (General) Amendment (Exemptions for Infrastructure) Regulation 2025. LW 6.6.2025. Date of commencement, on publication on LW, sec 2. | |
(260) | Water Management (General) Amendment (Landholder Negotiation Scheme) Regulation 2025. LW 6.6.2025. Date of commencement, 6.6.2025, sec 2 and 2025 (256) LW 6.6.2025. | |
(261) | Water Management (General) Amendment (Specific Purpose Access Licence) Regulation 2025. LW 6.6.2025. Date of commencement, on publication on LW, sec 2. |
Cl 3 | Am 2018 (693), Sch 1 [1]; 2020 (370), Sch 1[1]; 2021 (81), Sch 1[1]; 2024 (24), Sch 1[1] [2]; 2025 (92), Sch 1.1[1]. |
Cl 3A | Ins 2021 (81), Sch 1[2]. |
Cl 4 | Am 2019 (591), cl 3(1); 2020 (10), Sch 1[1]; 2020 (181), cl 3(1); 2021 (576), sec 3(1); 2025 (261), Sch 1[1]. |
Cl 5 | Am 2019 (591), cl 3(2); 2020 (10), Sch 1[2]; 2020 (181), cl 3(2); 2021 (576), sec 3(2); 2025 (261), Sch 1[2]. |
Cl 6 | Am 2019 (591), cl 3(3); 2020 (10), Sch 1[3] [4]; 2020 (181), cl 3(3) (4). |
Cl 9 | Am 2018 (693), Sch 1 [5]. |
Cl 10 | Am 2019 (81), cl 3 (1); 2019 (591), cl 3(4); 2020 (10), Sch 1[5]; 2020 (181), cl 3(5); 2021 (576), sec 3(3); 2022 (126), Sch 1[1]; 2022 (172), sec 3(1); 2023 (108), sec 3(1) (2); 2024 (264), Sch 1; 2024 (332), Sch 1[1]; 2025 (29), Sch 1; 2025 (261), Sch 1[3]. |
Cl 12 | Am 2018 (693), Sch 1 [2]. |
Cl 19 | Am 2018 (693), Sch 1 [5]. |
Part 2, Div 1A | Ins 2024 (488), Sch 1[2]. |
Cl 20 | Rep 2024 (488), Sch 1[1]. Ins 2024 (488), Sch 1[2]. |
Cl 20A | Ins 2024 (488), Sch 1[2]. |
Cl 21 | Am 2019 (592), Sch 1[1]; 2021 (81), Sch 1[3]. |
Cl 23A | Ins 2023 (109), Sch 1[1]. Rep 2018 (480), cl 23A(7). |
Part 2A | Ins 2021 (197), Sch 1 (disallowed, Legislative Council, 6.5.2021); 2021 (775), Sch 1[1] (disallowed, Legislative Council, 24.2.2022); 2022 (341), Sch 1 (disallowed, Legislative Council, 21.9.2022); 2023 (34), Sch 1. |
Part 2A, Div 1 | Ins 2021 (197), Sch 1 (disallowed, Legislative Council, 6.5.2021); 2021 (775), Sch 1[1] (disallowed, Legislative Council, 24.2.2022); 2022 (341), Sch 1(disallowed, Legislative Council, 21.9.2022); 2023 (34), Sch 1. |
Cl 23A | Ins 2021 (197), Sch 1 (disallowed, Legislative Council, 6.5.2021); 2021 (775), Sch 1[1] (disallowed, Legislative Council, 24.2.2022); 2022 (341), Sch 1(disallowed, Legislative Council, 21.9.2022); 2023 (34), Sch 1. |
Cl 23B | Ins 2021 (197), Sch 1 (disallowed, Legislative Council, 6.5.2021); 2021 (775), Sch 1[1] (disallowed, Legislative Council, 24.2.2022); 2022 (341), Sch 1(disallowed, Legislative Council, 21.9.2022); 2023 (34), Sch 1. |
Part 2A, Div 2 | Ins 2021 (197), Sch 1 (disallowed, Legislative Council, 6.5.2021); 2021 (775), Sch 1[1] (disallowed, Legislative Council, 24.2.2022); 2022 (341), Sch 1 (disallowed, Legislative Council, 21.9.2022); 2023 (34), Sch 1. |
Cl 23C | Ins 2021 (197), Sch 1 (disallowed, Legislative Council, 6.5.2021); 2021 (775), Sch 1[1] (disallowed, Legislative Council, 24.2.2022); 2022 (341), Sch 1 (disallowed, Legislative Council, 21.9.2022); 2023 (34), Sch 1. |
Cl 23D | Ins 2021 (197), Sch 1 (disallowed, Legislative Council, 6.5.2021); 2021 (775), Sch 1[1] (disallowed, Legislative Council, 24.2.2022); 2022 (341), Sch 1 (disallowed, Legislative Council, 21.9.2022); 2023 (34), Sch 1. Am 2023 (653), Sch 1[1] [2]. |
Cl 23E | Ins 2021 (197), Sch 1 (disallowed, Legislative Council, 6.5.2021); 2021 (775), Sch 1[1] (disallowed, Legislative Council, 24.2.2022); 2022 (341), Sch 1 (disallowed, Legislative Council, 21.9.2022); 2023 (34), Sch 1. Am 2023 (653), Sch 1[3] [4]. |
Cl 23F | Ins 2021 (197), Sch 1 (disallowed, Legislative Council, 6.5.2021); 2021 (775), Sch 1[1] (disallowed, Legislative Council, 24.2.2022); 2022 (341), Sch 1 (disallowed, Legislative Council, 21.9.2022); 2023 (34), Sch 1. Subst 2023 (653), Sch 1[5]. |
Part 2A, Div 3 | Ins 2021 (197), Sch 1 (disallowed, Legislative Council, 6.5.2021); 2021 (775), Sch 1[1] (disallowed, Legislative Council, 24.2.2022); 2022 (341), Sch 1 (disallowed, Legislative Council, 21.9.2022); 2023 (34), Sch 1. |
Cl 23G | Ins 2021 (197), Sch 1 (disallowed, Legislative Council, 6.5.2021); 2021 (775), Sch 1[1] (disallowed, Legislative Council, 24.2.2022); 2022 (341), Sch 1 (disallowed, Legislative Council, 21.9.2022); 2023 (34), Sch 1. Subst 2023 (653), Sch 1[6]. |
Cl 23H | Ins 2021 (197), Sch 1 (disallowed, Legislative Council, 6.5.2021); 2021 (775), Sch 1[1] (disallowed, Legislative Council, 24.2.2022); 2022 (341), Sch 1 (disallowed, Legislative Council, 21.9.2022); 2023 (34), Sch 1. |
Cl 23I | Ins 2021 (197), Sch 1 (disallowed, Legislative Council, 6.5.2021); 2021 (775), Sch 1[1] (disallowed, Legislative Council, 24.2.2022); 2022 (341), Sch 1 (disallowed, Legislative Council, 21.9.2022); 2023 (34), Sch 1. |
Cl 23J | Ins 2021 (197), Sch 1 (disallowed, Legislative Council, 6.5.2021); 2021 (775), Sch 1[1] (disallowed, Legislative Council, 24.2.2022); 2022 (341), Sch 1 (disallowed, Legislative Council, 21.9.2022); 2023 (34), Sch 1. |
Part 2A, Div 4 | Ins 2021 (197), Sch 1 (disallowed, Legislative Council, 6.5.2021); 2021 (775), Sch 1[1] (disallowed, Legislative Council, 24.2.2022); 2022 (341), Sch 1 (disallowed, Legislative Council, 21.9.2022); 2023 (34), Sch 1. |
Cl 23K | Ins 2021 (197), Sch 1 (disallowed, Legislative Council, 6.5.2021); 2021 (775), Sch 1[1] (disallowed, Legislative Council, 24.2.2022); 2022 (341), Sch 1 (disallowed, Legislative Council, 21.9.2022); 2023 (34), Sch 1. Am 2023 (653), Sch 1[7]. |
Cl 23L | Ins 2021 (197), Sch 1 (disallowed, Legislative Council, 6.5.2021); 2021 (775), Sch 1[1] (disallowed, Legislative Council, 24.2.2022); 2022 (341), Sch 1 (disallowed, Legislative Council, 21.9.2022); 2023 (34), Sch 1. |
Cl 23M | Ins 2025 (38), Sch 1[1]. |
Cl 25 | Am 2018 (693), Sch 1 [5]. |
Cl 26 | Am 2018 (693), Sch 1 [5]; 2018 (708), cl 3; 2021 (746), Sch 1[1]. |
Cl 27 | Am 2018 (693), Sch 1 [5]. |
Cl 29 | Am 2021 (775), Sch 1[2] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[1]; 2025 (92), Sch 1.1[2]. |
Cl 31 | Am 2025 (92), Sch 1.1[3]. |
Cl 34 | Am 2021 (81), Sch 1[4]. |
Cl 38 | Am 2024 (606), Sch 1[1]. |
Cl 39 | Am 2021 (81), Sch 1[5] [6]. |
Cl 39AA | Ins 2020 (35), Sch 1[1] (disallowed, Legislative Council, 22.9.2020). |
Cl 39A | Ins 2019 (367), Sch 1. |
Cl 39B | Ins 2021 (196), Sch 1[1] (disallowed, Legislative Council, 6.5.2021); 2021 (775), Sch 1[3] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[2]. |
Cl 39C | Ins 2023 (109), Sch 1[2]. Rep 2018 (480), cl 39C(7). |
Cl 42A | Ins 2021 (81), Sch 1[7]. |
Cl 43 | Am 2021 No 26, Sch 2.16. |
Cl 44 | Subst 2025 (259), Sch 1[1]. |
Cll 52, 54 | Am 2018 (693), Sch 1 [5]. |
Part 5 | Subst 2024 (24), Sch 1[3]. |
Part 5, Div 1 | Subst 2024 (24), Sch 1[3]. |
Cl 55 | Subst 2024 (24), Sch 1[3]. |
Cl 56 | Subst 2024 (24), Sch 1[3]. |
Part 5, Div 3, heading | Rep 2024 (24), Sch 1[3]. |
Cl 57 | Subst 2024 (24), Sch 1[3]. |
Cl 58 | Subst 2024 (24), Sch 1[3]. |
Cl 59 | Subst 2024 (24), Sch 1[3]. |
Part 5, Div 4, heading | Rep 2024 (24), Sch 1[3]. |
Cl 60 | Subst 2024 (24), Sch 1[3]. |
Cl 61 | Subst 2024 (24), Sch 1[3]. |
Cl 62 | Subst 2024 (24), Sch 1[3]. |
Cl 63 | Subst 2024 (24), Sch 1[3]. |
Cl 64 | Subst 2024 (24), Sch 1[3]. |
Part 5, Div 5, heading | Rep 2024 (24), Sch 1[3]. |
Cl 65 | Subst 2024 (24), Sch 1[3]. |
Part 5, Div 2 | Subst 2024 (24), Sch 1[3]. |
Cl 66 | Subst 2024 (24), Sch 1[3]. Am 2024 (488), Sch 1[3] [4]. |
Part 5, Div 6, heading | Rep 2024 (24), Sch 1[3]. |
Part 5, Div 6, Subdivision 1, heading | Rep 2024 (24), Sch 1[3]. |
Cl 67 | Subst 2024 (24), Sch 1[3]. |
Cl 68 | Rep 2024 (24), Sch 1[3]. |
Part 5, Div 6, Subdivision 2 | Rep 2024 (24), Sch 1[3]. |
Cl 69 | Rep 2024 (24), Sch 1[3]. |
Cl 70 | Rep 2024 (24), Sch 1[3]. |
Cl 71 | Rep 2024 (24), Sch 1[3]. |
Part 5, Div 7 | Rep 2024 (24), Sch 1[3]. |
Cl 72 | Rep 2024 (24), Sch 1[3]. |
Cl 73 | Rep 2024 (24), Sch 1[3]. |
Cl 74 | Rep 2024 (24), Sch 1[3]. |
Part 5, Div 8 | Rep 2024 (24), Sch 1[3]. |
Cl 75 | Rep 2024 (24), Sch 1[3]. |
Cl 76 | Rep 2024 (24), Sch 1[3]. |
Cl 77 | Rep 2024 (24), Sch 1[3]. |
Cl 78 | Rep 2024 (24), Sch 1[3]. |
Part 5, Div 9 | Rep 2024 (24), Sch 1[3]. |
Cl 79 | Rep 2024 (24), Sch 1[3]. |
Cl 80 | Rep 2024 (24), Sch 1[3]. |
Part 5, Div 10 | Rep 2024 (24), Sch 1[3]. |
Cl 81 | Rep 2024 (24), Sch 1[3]. |
Cl 82 | Rep 2024 (24), Sch 1[3]. |
Cl 83 | Rep 2024 (24), Sch 1[3]. |
Cl 84 | Rep 2024 (24), Sch 1[3]. |
Part 5, Div 11 | Rep 2024 (24), Sch 1[3]. |
Cl 85 | Rep 2024 (24), Sch 1[3]. |
Cl 86 | Rep 2024 (24), Sch 1[3]. |
Cl 87 | Rep 2024 (24), Sch 1[3]. |
Cl 88 | Rep 2024 (24), Sch 1[3]. |
Cl 89 | Rep 2024 (24), Sch 1[3]. |
Cl 90 | Rep 2024 (24), Sch 1[3]. |
Cl 91 | Rep 2024 (24), Sch 1[3]. |
Part 5, Div 12 | Rep 2024 (24), Sch 1[3]. |
Cl 92 | Rep 2024 (24), Sch 1[3]. |
Cl 93 | Rep 2024 (24), Sch 1[3]. |
Cl 94 | Rep 2024 (24), Sch 1[3]. |
Cl 95 | Rep 2024 (24), Sch 1[3]. |
Part 6 | Rep 2024 (24), Sch 1[3]. |
Part 6, Div 1 | Rep 2024 (24), Sch 1[3]. |
Cl 96 | Rep 2024 (24), Sch 1[3]. |
Part 6, Div 2 | Rep 2024 (24), Sch 1[3]. |
Cl 97 | Rep 2024 (24), Sch 1[3]. |
Cl 98 | Rep 2024 (24), Sch 1[3]. |
Cl 99 | Rep 2024 (24), Sch 1[3]. |
Cl 100 | Rep 2024 (24), Sch 1[3]. |
Part 7 | Rep 2024 (24), Sch 1[3]. |
Part 7, Div 1 | Rep 2024 (24), Sch 1[3]. |
Cl 101 | Rep 2024 (24), Sch 1[3]. |
Cl 102 | Rep 2024 (24), Sch 1[3]. |
Cl 103 | Rep 2024 (24), Sch 1[3]. |
Cl 104 | Rep 2024 (24), Sch 1[3]. |
Cl 105 | Rep 2024 (24), Sch 1[3]. |
Cl 106 | Rep 2024 (24), Sch 1[3]. |
Cl 107 | Rep 2024 (24), Sch 1[3]. |
Part 7, Div 2 | Rep 2024 (24), Sch 1[3]. |
Cl 108 | Rep 2024 (24), Sch 1[3]. |
Cl 109 | Rep 2024 (24), Sch 1[3]. |
Cl 110 | Rep 2024 (24), Sch 1[3]. |
Cl 111 | Rep 2024 (24), Sch 1[3]. |
Part 7, Div 3 | Rep 2024 (24), Sch 1[3]. |
Cl 112 | Rep 2024 (24), Sch 1[3]. |
Cl 115 | Am 2024 No 80, Sch 4.2[1]. |
Cl 116 | Am 2018 (693), Sch 1 [3]. |
Cl 117 | Rep 2024 No 49, Sch 1[1]. |
Cl 121A | Ins 2021 (281), Sch 1[1]. |
Cl 121B | Ins 2021 (281), Sch 1[1]. Subst 2024 (223), Sch 1. |
Cl 122 | Am 2024 No 49, Sch 1[2]. |
Cl 123 | Am 2024 No 49, Sch 1[3] [4]. |
Cl 142 | Subst 2024 No 49, Sch 1[5]. |
Cl 143 | Am 2024 No 49, Sch 1[6] [7]. |
Cl 182 | Am 2024 No 80, Sch 4.2[2]. |
Cl 188 | Am 2024 No 80, Sch 4.2[2]–[4]. |
Cl 190 | Am 2024 No 49, Sch 1[8]. |
Cll 197–199 | Rep 2021 (281), Sch 1[2]. |
Part 9, Div 8, Subdiv 5 | Rep 2024 No 49, Sch 1[9]. |
Cl 223 | Rep 2024 No 49, Sch 1[9]. |
Part 10, Div 1 | Ins 2018 (693), Sch 1 [4]. |
Cl 228 | Ins 2018 (693), Sch 1 [4]. Am 2020 (370), Sch 1[2]; 2021 (775), Sch 1[4] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[3]; 2025 (92), Sch 1.2[1]. |
Part 10, Div 2 | Ins 2018 (693), Sch 1 [4]. |
Cl 229 | Ins 2018 (693), Sch 1 [4]. |
Cl 230 | Ins 2018 (693), Sch 1 [4]. Am 2019 (557), Sch 1[1]–[12]; 2019 (592), Sch 1[2]; 2020 (370), Sch 1[3]–[5]; 2021 (738), sec 3(1) (2); 2022 (819), Sch 1[1] [2]; 2025 (92), Sch 1.3[1]–[4]; 2025 (259), Sch 1[2]. |
Cl 231 | Ins 2018 (693), Sch 1 [4]. Am 2019 (557), Sch 1[1] [13]–[16]; 2019 (592), Sch 1[3]; 2020 (10), Sch 1[6]; 2022 (454), sec 3(1); 2025 (92), Sch 1.3[5]–[9]; 2025 (259), Sch 1[3]. |
Cl 232 | Ins 2018 (693), Sch 1 [4]. Subst 2019 (557), Sch 1[17]; 2025 (92), Sch 1.3[10]. |
Cl 232A | Ins 2025 (92), Sch 1.3[10]. |
Cl 232B | Ins 2025 (92), Sch 1.3[10]. |
Cl 233 | Ins 2018 (693), Sch 1 [4]. Am 2019 (557), Sch 1[18]; 2025 (92), Sch 1.3[11]. |
Cl 234 | Ins 2018 (693), Sch 1 [4]. |
Part 10, Div 3 | Ins 2018 (693), Sch 1 [4]. |
Cl 235 | Ins 2018 (693), Sch 1 [4]. |
Cl 236 | Ins 2018 (693), Sch 1 [4]. Am 2019 (557), Sch 1[19]; 2020 (370), Sch 1[6]; 2021 (775), Sch 1[5] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[4] [5]. Subst 2025 (92), Sch 1.4[1]. |
Cl 237 | Ins 2018 (693), Sch 1 [4]. Am 2019 (557), Sch 1[20]–[23]; 2020 (370), Sch 1[7]. |
Cl 238 | Ins 2018 (693), Sch 1 [4]. Am 2019 (557), Sch 1[24] [25]; 2019 (592), Sch 1[4]. |
Part 10, Div 3A, heading | Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6]. Subst 2025 (92), Sch 1.2[2]. |
Part 10, Div 3A | Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6]. |
Part 10, Div 3A, Subdiv 1 | Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6]. |
Cl 238AA | Ins 2022 (819), Sch 1[3]. Subst 2025 (92), Sch 1.2[3]. |
Cl 238A | Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6]. Am 2025 (92), Sch 1.2[4]–[6]. |
Cl 238B | Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6]. Subst 2025 (92), Sch 1.2[7]. |
Cl 238C | Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6]. Am 2025 (92), Sch 1.2[8]–[10]. |
Cl 238CA | Ins 2025 (92), Sch 1.2[11]. |
Cl 238CB | Ins 2025 (92), Sch 1.2[11]. |
Cl 238D | Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6]. Rep 2025 (92), Sch 1.2[12]. |
Cl 238DA (previously cl 238I) | Renumbered 2025 (92), Sch 1.2[18]. |
Part 10, Div 3A, Subdiv 2 | Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6]. |
Cl 238EA | Ins 2025 (92), Sch 1.2[13]. |
Cl 238E | Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6]. Subst 2025 (92), Sch 1.2[13]. |
Cl 238F | Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6]. Am 2022 (819), Sch 1[4]–[6]. Subst 2025 (92), Sch 1.2[13]. |
Cl 238FA | Ins 2025 (92), Sch 1.2[13]. |
Cl 238FB | Ins 2025 (92), Sch 1.2[13]. |
Cl 238G | Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6]. Am 2025 (92), Sch 1.2[14]–[17]. |
Part 10, Div 3A, Subdiv 3 | Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6]. Rep 2025 (92), Sch 1.2[19]. |
Cl 238H | Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6]. Rep 2025 (92), Sch 1.2[19]. |
Cl 238I | Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6]. Renumbered as cl 238DA, 2025 (92), Sch 1.2[18]. |
Part 10, Div 3B, heading | Ins 2022 (342), Sch 1[6]. Subst 2025 (92), Sch 1.2[20]. |
Part 10, Div 3B | Ins 2022 (342), Sch 1[6]. |
Cl 238J | Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6]. Am 2025 (92), Sch 1.2[21]. |
Part 10, Div 3B | Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022). |
Cl 238K | Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6]. Am 2025 (92), Sch 1.2[22] [23]. |
Cl 238L | Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6]. Am 2025 (92), Sch 1.2[24]. |
Part 10, Div 3C | Ins 2022 (342), Sch 1[6]. |
Cl 238M | Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6]. |
Part 10, Div 3C | Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022). |
Cl 238N | Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6]. Am 2025 (92), Sch 1.2[25]. |
Cl 238NA | Ins 2025 (92), Sch 1.2[26]. |
Cl 238O | Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6]. |
Cl 238P | Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6]. |
Cl 238Q | Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6]. Am 2025 (92), Sch 1.2[27]. |
Cl 238R | Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6]. |
Cl 238S | Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6]. Am 2025 (92), Sch 1.2[9] [28]. |
Part 10, Div 3D | Ins 2022 (342), Sch 1[6]. |
Cl 238T | Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6]. Am 2025 (92), Sch 1.2[29]. |
Part 10, Div 3D | Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022). |
Cl 238U | Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6]. Am 2025 (92), Sch 1.2[9] [30]–[32]. |
Cl 238V | Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6]. Subst 2022 (819), Sch 1[7]. Am 2025 (92), Sch 1.2[9] [33] [34]. |
Cl 238W | Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022). |
Part 10, Div 4, heading | Ins 2018 (693), Sch 1 [4]. Subst 2025 (92), Sch 1.1[4]. |
Part 10, Div 4 | Ins 2018 (693), Sch 1 [4]. |
Cll 239, 240 | Ins 2018 (693), Sch 1 [4]. |
Cl 241 | Ins 2018 (693), Sch 1 [4]. Am 2019 (557), Sch 1[26]; 2025 (92), Sch 1.1[5]. |
Cl 242 | Ins 2018 (693), Sch 1 [4]. Am 2025 (92), Sch 1.1[6]–[9]. |
Cl 243 | Ins 2018 (693), Sch 1 [4]. Am 2019 (557), Sch 1[27]; 2025 (92), Sch 1.1[10]–[17]. |
Part 10, Div 5 | Ins 2018 (693), Sch 1 [4]. |
Cl 244 | Ins 2018 (693), Sch 1 [4]. Am 2019 (557), Sch 1[28]–[32]; 2020 (370), Sch 1[8]; 2021 (91), Sch 1[1]; 2022 (819), Sch 1[1] [2]; 2023 No 7, Sch 3.29; 2025 (92), Sch 1.1[18]–[21]. |
Cl 244A | Ins 2019 (557), Sch 1[33]. Am 2020 (370), Sch 1[9]; 2021 (91), Sch 1[2] [3]; 2022 (819), Sch 1[1] [2]; 2023 No 7, Sch 3.29; 2025 (92), Sch 1.1[22]–[27]. |
Cl 245 | Ins 2018 (693), Sch 1 [4]. |
Cl 246 | Ins 2018 (693), Sch 1 [4]. Rep 2025 (92), Sch 1.1[28]. |
Cl 247 | Ins 2018 (693), Sch 1 [4]. |
Part 10A | Ins 2025 (260), Sch 1. |
Part 10A, Div 1 | Ins 2025 (260), Sch 1. |
Cl 247A | Ins 2025 (260), Sch 1. |
Cl 247B | Ins 2025 (260), Sch 1. |
Cl 247C | Ins 2025 (260), Sch 1. |
Part 10A, Div 2 | Ins 2025 (260), Sch 1. |
Cl 247D | Ins 2025 (260), Sch 1. |
Cl 247E | Ins 2025 (260), Sch 1. |
Cl 247F | Ins 2025 (260), Sch 1. |
Cl 247G | Ins 2025 (260), Sch 1. |
Cl 247H | Ins 2025 (260), Sch 1. |
Part 10A, Div 3 | Ins 2025 (260), Sch 1. |
Cl 247I | Ins 2025 (260), Sch 1. |
Cl 247J | Ins 2025 (260), Sch 1. |
Part 11 (previously Part 10) | Renumbered 2018 (693), Sch 1 [5]. |
Cl 248 (previously cl 228) | Renumbered 2018 (693), Sch 1 [5]. |
Sec 248A | Ins 2022 (454), sec 3(2). Subst 2025 (92), Sch 1.1[29]. |
Cl 249 | Ins 2018 (693), Sch 1 [6]. |
Cl 250 | Ins 2018 (693), Sch 1 [6]. Am 2019 (557), Sch 1[34]–[38]; 2020 (370), Sch 1[10] [11]; 2022 (819), Sch 1[1] [2]; 2025 (92), Sch 1.1[30]–[34]. |
Cl 251 (previously cl 229) | Renumbered 2018 (693), Sch 1 [5]. |
Cl 252 (previously cl 230) | Renumbered 2018 (693), Sch 1 [5]. Am 2019 (233), Sch 1 [1]; 2020 (542), Sch 1[1]; 2020 (752), Sch 1[1]; 2023 (653), Sch 1[8]; 2025 (38), Sch 1[2] [3]. |
Cl 253 (previously cl 231) | Renumbered 2018 (693), Sch 1 [5]. |
Cl 254 (previously cl 232) | Renumbered 2018 (693), Sch 1 [5]. |
Cl 255 (previously cl 233) | Renumbered 2018 (693), Sch 1 [5]. |
Cl 256 (previously cl 234) | Renumbered 2018 (693), Sch 1 [5]. |
Cl 257 (previously cl 235) | Renumbered 2018 (693), Sch 1 [5]. Rep 2024 (24), Sch 1[4]. |
Cl 258 (previously cl 236) | Renumbered 2018 (693), Sch 1 [5]. |
Cl 258A | Ins 2021 (746), Sch 1[2]. Am 2025 (92), Sch 1.4[2] [3]. |
Cl 259 (previously cl 237) | Renumbered 2018 (693), Sch 1 [5]. |
Cl 260 | Ins 2020 (673), cl 3. Rep 2021 No 5, Sch 1.32. |
Sch 3 | Am 2019 (81), cl 3 (2); 2022 (126), Sch 1[2] [3]; 2022 (172), sec 3(2); 2024 (332), Sch 1[2]. |
Sch 4 | Am 2019 (557), Sch 1[39]; 2019 No 14, Sch 2.23; 2019 (592), Sch 1[5]–[7]; 2020 (35), Sch 1[2] (disallowed, Legislative Council, 22.9.2020); 2020 No 30, Sch 4.117[1] [2]; 2021 (81), Sch 1[8]; 2021 (196), Sch 1[2] (disallowed, Legislative Council, 6.5.2021); 2021 (330), cl 3; 2021 (775), Sch 1[7] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[7]; 2023 (41), sec 3; 2023 (323), sec 3; 2024 (606), Sch 1[2]; 2025 (259), Sch 1[4]–[6]. |
Sch 5 | Rep 2024 (24), Sch 1[5]. |
Sch 6 | Am 2018 (693), Sch 1 [5]; 2019 (233), Sch 1 [2]; 2020 (542), Sch 1[2]; 2020 (752), Sch 1[2]; 2025 (38), Sch 1[4]. |
Sch 7 | Am 2018 (693), Sch 1 [7]; 2024 (24), Sch 1[6]; 2024 (488), Sch 1[5]. |
Sch 8, heading | Am 2025 (92), Sch 1.3[12]. |
Sch 8 | Ins 2018 (693), Sch 1 [8]. Am 2019 (557), Sch 1[40]–[47]; 2020 (370), Sch 1[12]; 2025 (92), Sch 1.3[13], 1.4[4]–[6]. |
Sch 8A | Ins 2025 (92), Sch 1.4[7]. |
Sch 9 | Ins 2018 (693), Sch 1 [8]. Am 2019 (557), Sch 1[48]. Subst 2025 (92), Sch 1.3[14]. |
Sch 10 | Ins 2024 (24), Sch 1[7]. |
Sch 11 | Ins 2024 (488), Sch 1[6]. |
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