Water Management (General) Regulation 2025 (NSW)
This regulation is the Water Management (General) Regulation 2025.
This regulation commences on 1 September 2025.
This regulation replaces the Water Management (General) Regulation
2018 (the
The dictionary in Schedule 13 defines words used in this regulation.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this regulation.
In this regulation,
(a) a stream for which the location is specified in the hydro line spatial data and that has the following characteristics—
(i) is identified as a first or second order stream under the Strahler system,
(ii) does not maintain a visible flow occurring on a continuous basis, or that would occur if there were no artificial extractions of water or obstruction, of flow upstream,
(iii) does not carry flows emanating from a third or higher order stream under the Strahler system, or
(b) a stream for which the location is not specified in the hydro line spatial data.
A stream is specified in the hydro line spatial data if the stream is identified as a watercourse, however described, in accordance with the legend or terms of the hydro line spatial data.
The method of determining the stream order of a minor stream is the Strahler system.
The
(a) a watercourse with no other watercourses flowing into the watercourse is classed as a first order stream,
(b) if 2 streams join of different orders, the resulting stream is the same order as the higher order of the 2 streams,
(c) if 2 streams join of the same order, the resulting stream is the order higher than the order of the 2 streams.
In the diagram below—
(a) if 2 first order streams join, the stream becomes a second order stream (2), and
(b) if a second order stream is joined by a first order stream, the second order stream remains a second order stream, and
(c) if 2 second order streams join, both second order streams form a third order stream (3), and
(d) if a third order stream is joined by a first or second order stream, the third order stream remains a third order stream, and
(e) if 2 third order streams join, both third order streams form a fourth order stream.
In this section—
For the Act, Dictionary, definition of
For the Act, Dictionary, definition of
For the Act, Schedule 9, clause 12, only floodplains designated under the 1912 Act, Part 8 that are described in Schedule 2, Part 2 are floodplains for the purposes of the Act.
For the Act, section 17(e), a management plan may, in relation to a water management area or water source to which the management plan applies, contain provisions about savings and transitional matters consequent on the making, amendment, repeal or consolidation of the management plan.
For the Act, section 21(c), the water sharing planning provisions of a management plan may deal with the withdrawal of water from a water allocation account in the following circumstances—
(a) if there is insufficient water available in the relevant dam to provide for losses in the conveyance of water between the dam and the locations to which the water is delivered, whether by evaporation, leakage or otherwise,
(b) if the balance exceeds the maximum volume of water allocations that may be held in the account under the management plan for the water source to which the account relates,
(c) for a water allocation account of a relevant licence—if the amount of uncontrolled flow taken under a relevant licence is more than the amount that is allowed to be taken—
(i) under the licence, or
(ii) under the order made under the Act, section 85A that authorises the taking of the uncontrolled flow,
(d) for a water allocation account of a relevant licence—if during a water year, one or more available water determinations to credit the account are made when water is taken, or has been taken, under an order made under the Act, section 85A to authorise the taking of water from uncontrolled flows in the water year, but only if—
(i) the withdrawals occur in the year the water is taken, and
(ii) the total amount withdrawn is not more than the lesser of—
(A) the total amount of uncontrolled water taken in the year under the order, or
(B) the total amount credited to the account in the year in accordance with one or more available water determinations made during or after water has been taken by the licence holder under the order.
In this section—
(a) a regulated river (general security) access licence, or
(b) a regulated river (high security) access licence.
For the Act, section 21(f), the water sharing planning provisions of a management plan for a water management area or water source may deal with the following—
(a) the short-term delivery of water through the area,
(b) without limiting paragraph (a), if delivery of water would result in unacceptably high delivery losses—the short-term delivery of water by—
(i) the grouping of water orders, and
(ii) the periodic release of water orders,
(c) the return or delivery of water to a water source, including the circumstances in which the water must be returned or delivered.
For the Act, section 400(2), the operation of a management plan in relation to the carryover of water allocations in a water allocation account to the next water year is exempt from the Act, sections 49A(1) and 49B(1).
For the Act, section 399B, Schedule 9 contains provisions about a consultation and negotiation scheme for proposed releases of water for environmental purposes.
For the Act, section 57(1)(l), the following categories of access licence are prescribed—
(a) aquifer (general security) access licence,
(b) aquifer (high security) access licence,
(c) Coleambally irrigation (conveyance) access licence,
(d) domestic and stock (conveyance) access licence,
(e) major utility (Barnard) access licence,
(f) Murrumbidgee irrigation (conveyance) access licence,
(g) Penrith Lakes Scheme (initial fill of the lakes that form part of the scheme) access licence,
(h) regulated river (general security—A class) access licence,
(i) regulated river (general security—B class) access licence,
(j) Riverina Water County Council PFAS Alternate Supply access licence.
(k) salinity and water table management access licence,
(l) unregulated river (A class) access licence,
(m) unregulated river (B class) access licence,
(n) unregulated river (C class) access licence,
(o) unregulated river pumped hydro-electricity generation (construction and initial storage fill) access licence,
(p) unregulated river (high flow) access licence,
(q) unregulated river (regulated supply) access licence,
(r) unregulated river (regulated supply—local water utility) access licence,
(s) unregulated river (special additional high flow) access licence,
For the Act, section 57(2), the subcategories specified in Schedule 3 are prescribed for each category of access licence specified opposite.
An access licence of a subcategory of access licence is a specific purpose access licence. See the Act, Dictionary definition of
For the Act, Dictionary, definition of
(a) domestic and stock (conveyance) access licence,
(b) major utility (Barnard) access licence,
(c) Penrith Lakes Scheme (initial fill of the lakes that form part of the Scheme) access licence,
(d) Riverina Water County Council PFAS Alternate Supply access licence,
(e) salinity and water table management access licence,
(f) unregulated river pumped hydro-electricity generation (construction and initial storage fill) access licence,
(g) unregulated river (regulated supply) access licence,
(h) unregulated river (regulated supply—local water utility) access licence.
For the Act, section 58(1)(c)—
(a) the following access licences have equal priority with each other and have priority over other access licences referred to in the Act, section 58(1)(c)—
(i) a regulated river (conveyance) access licence,
(ii) a Murrumbidgee irrigation (conveyance) access licence,
(iii) a Coleambally irrigation (conveyance) access licence, and
(b) all other access licences referred to in the Act, section 58(1)(c) have equal priority with each other.
A subcategory of access licence has equal priority with the access licence of which it is a subcategory and with any other subcategory of that access licence.
For the Act, section 59(2), an available water determination must be—
(a) published on the Department’s website, and
(b) kept on the Department’s website until the end of the water year to which the determination relates.
For the Act, section 84(2), the following particulars must be recorded for each available water determination—
(a) the terms of the determination,
(b) the date on which the determination was made,
(c) the water source or part of the water source to which the determination applies,
(d) for a determination referred to in the Act, section 59(1)(a)—the categories or subcategories of access licence to which the determination applies,
(e) for a determination referred to in the Act, section 59(1)(b)—the individual access licences to which the determination applies.
The register—
(a) must be kept in electronic form, and
(b) must be able to be converted to hard copy, and
(c) may be made available on the Department’s website.
For the Act, section 84(3), the register must be made available for public inspection in electronic form at each office of the Department.
For the Act, section 71A(1)(h), a memorandum of terms and conditions in relation to a licence or holding must be recorded in the General Division of the Access Register if the memorandum is or will be—
(a) given to the Minister by the holder, or prospective holder, of a security interest held over the licence or holding, and
(b) adopted by or incorporated in an instrument evidencing the existence of the security interest.
For the Act, section 71A(2)(b), an agreement that a specified person may, on behalf of the holders of an access licence, apply for an assignment dealing must be recorded in the Assignment Division of the Access Register if the agreement is given to the Minister in the approved form.
For the Act, Dictionary, definition of
For the Act, section 85(6), a water allocation account may be kept in the form of 2 or more sub-accounts.
Subject to subsection (3), water allocations must be recorded as a debit from an access licence’s water allocation account—
(a) when water is ordered in relation to a nominated water supply work, or extraction point, on the access licence if the relevant management plan provides that a debit occurs at that time, or
(b) otherwise—when water is taken by the access licence’s nominated water supply works.
If a water supply work or extraction point is nominated in relation to 2 or more access licences, water allocations taken by, or ordered in relation to, the work or extraction point must be recorded as a debit from one or more of the access licences’ water allocation accounts as follows—
(a) in accordance with priorities established by a management plan for the circumstances,
(b) if paragraph (a) does not apply, in accordance with a preference—
(i) nominated by the holder of the access licences, or
(ii) if the access licences are held by different people—as nominated jointly by the holders,
(c) as determined by the Minister if—
(i) paragraphs (a) and (b) do not apply, or
(ii) paragraph (a) does not apply and a nomination referred to in paragraph (b) cannot be implemented.
The Act, section 21(c) provides water allocations remaining in a water allocation account at the end of the water year may be carried over to the next water year if permitted under a management plan.
For the Act, section 87(3), a claim must be made in the approved form.
This section applies to a person claiming a security interest in a replacement access licence if the holder of the licence requests, by written notice to the Secretary, that the security interest be registered in the Access Register.
For the Act, section 400(2), the person is exempt from the requirement under the Act, Schedule 10, clause 19(5)(d) to lodge written notice with the Secretary as referred to in the clause.
For the Act, section 88(1)(a), an application under the Act, Chapter 3, Part 2 must be—
(a) in the approved form, and
(b) accompanied by the fee payable under the Act, section 114.
This section does not apply to an application for the recording of a matter in the Access Register under the Act, section 71A.
For the Act, section 61(1)(a), an application may be made for the following categories and subcategories of specific purpose access licence—
(a) a category and subcategory of licence specified in the table to this section for the purpose, if any, specified for the licence in the table,
(b) an aquifer (temporary dewatering for construction) access licence to extract water from—
(i) the Hawkesbury to Hunter Coastal Sands Groundwater Source to facilitate the construction of a desalination plant at Belmont, 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 Sydney Basin Central Groundwater Source to facilitate construction for the Sydney Metro West Project or the Sydney Metro—Western Sydney Airport project, or
(iv) 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,
(c) a local water utility access 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,
(d) a major utility (Barnard) access licence,
(e) a regulated river (high security) (Lake Albert filling) access licence to enable the use of no more than 1.8GL of water per water year to fill Lake Albert if the application is made by Wagga Wagga City Council,
(f) an unregulated river pumped hydro-electricity generation (construction and initial storage fill) access licence,
(g) a Penrith Lakes Scheme (initial fill of the lakes that form part of the scheme) access licence,
(h) a Riverina Water County Council PFAS Alternate Supply access licence if the application is made—
(i) by the 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.
An application for a domestic and stock access licence, other than a domestic and stock (domestic) access licence, may be made if—
(a) the application is made by a landholder who became the landholder no more than 1 year before making the application, and
(b) 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(c) the domestic and stock access licence is for the same subcategory, if any, as the former licence, and
(d) the share component does not exceed the share component, if any, of the former licence, and
(e) the former licence has been, or should be, cancelled because the former licence may no longer be used by the person who was formerly the landholder.
In this section—
Category | Subcategory | Purpose |
All categories | Aboriginal cultural | Aboriginal cultural purposes |
Aquifer access licence | Town water supply | Supply water to communities for domestic consumption and commercial activities |
Domestic and stock access licence | Domestic | Domestic consumption |
Local water utility access licence | Domestic and commercial | Domestic consumption and commercial activities |
Regulated river (high security) access licence | Town water supply | Supply water to communities for domestic consumption and commercial activities |
Unregulated river access licence | McPhillamys Belubula River gold mine | Enable water to be taken for McPhillamys Gold Mine from the Belubula River above Carcoar Dam water source |
Unregulated river access licence | Newcastle Racecourse | Enable water to be taken from the Newcastle water source for use on the Newcastle Racecourse and nearby playing fields |
Unregulated river access licence | Snowy 2.0 project | — |
Unregulated river access licence | Town water supply | Supply water to communities for domestic consumption and commercial activities |
For the Act, section 67(6), a written notice may be served on or given to the holder of an access licence by sending the written notice electronically to an email address given by the holder as the holder’s address for the giving or service of documents of that kind.
Service in accordance with subsection (1) is effected when the notice is sent to the email address.
For the Act, Dictionary, definition of
For the Act, section 71W(4)(a)(ii), the only circumstance in which a nomination under the Act, section 71W(1)(b) is permitted is if the Minister is satisfied—
(a) the water supply work or extraction point the subject of the nomination is in a water source (the
other water source ) 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 using the water supply work or from the extraction point will be taken from the specified water source indirectly as an unavoidable result of water being taken from the other water source using the work or from the extraction point.
For the Act, section 71W(3), the relevant notifier must give the Minister written notice within 28 days after the nomination is made or withdrawn.
For the Act, section 71X(1)(b), the notice must include the following information—
(a) that the notice is given under the Act, section 71X,
(b) the circumstances of the default under the contract or arrangement,
(c) the steps that must be taken by the defaulter to rectify the default,
(d) that the access licence or holding may be transferred if the steps are not taken within 30 days after receiving the notice.
For the Act, section 400(2), the following are exempt from the requirements of the Act, section 71L(1)(c)—
(a) the grant of a single access licence arising from an application—
(i) under the Act, section 71U for an access licence to give effect to the transfer into the State of an interstate equivalent of an access licence, and
(ii) under the Act, section 71P for consolidation of the 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 the Act, section 71Q.
For the Act, section 72A(2), an appointment, or a revocation of an appointment, of a co-holder of an access licence must be made in the approved form.
For the Act, section 75(1), this subdivision establishes water return flow rules for used water allocations to be recredited to water allocation accounts for prescribed access licences.
For the Act, section 76(4), definition of
(a) the Commonwealth Environmental Water Holder,
(b) the Crown in right of New South Wales,
(c) the Crown in right of the Commonwealth,
(d) the Minister or another Minister,
(e) the Ministerial Corporation,
(f) another NSW government agency or statutory body representing the Crown.
For the Act, section 76(3), the Minister may grant an application for used water allocations to be recredited to the water allocation account for a prescribed access licence if satisfied—
(a) the used water allocations were used under the prescribed access licence for taking water from a regulated river water source to act in accordance with a long-term watering plan, and
(b) an amount of the water taken from the regulated river water source has been returned to the regulated river water source, and
(c) the amount of used water allocations sought to be recredited are an estimate of the amount of water returned.
In this section—
For the Act, section 77(2B), the Minister may refuse to accept the surrender of an access licence if one or more of the following applies—
(a) the licence is subject to a registered security interest or registered caveat,
(b) the holder of the access licence has failed to pay a fee, charge or civil penalty payable in relation to the licence,
(c) for a licence for which a water supply work or extraction point is nominated under the Act, section 71W—the Minister is satisfied—
(i) the continued taking of water using the work or from the extraction point is not intended, and
(ii) water is still being taken, or is still capable of being taken, using the work or from the extraction point, and
(iii) work needed to stop the taking of water using the work or from the extraction point has not been completed or satisfactorily completed,
(d) for a licence for which a water supply work or extraction point is nominated under the Act, section 71W—the Minister is satisfied—
(i) the continued taking of water using the work or from the extraction point is intended, and
(ii) water is still being taken, or is still capable of being taken, using the work or from the extraction point, and
(iii) if the licence is surrendered—the continued taking of water using the work or from the extraction point will not be authorised under the Act.
For the Act, section 77A(3), the following criteria are prescribed—
(a) for an access licence for the supply of water to a location in relation to an activity—whether the activity continues to be carried out at the location or to require a supply of water,
(b) for an access licence for the supply of water to a town or community or to another location for domestic purposes—whether anyone resides in the town or community or at the location,
(c) for an access licence for the supply of water to a location for stock purposes—whether there is stock at the location,
(d) for an access licence for the supply of water for a purpose from a water source—whether the water previously supplied for the purpose from the water source is now supplied from another water source.
In this division—
(a) specified in the Volumetric Conversion—the next stage, Appendix 2, as in force from time to time and published on the Department’s website, and
(b) expressed in units of a share component per hectare.
The Minister must determine that a floodplain landholder is eligible for a replacement floodplain harvesting access licence if the Minister is satisfied that, on 3 July 2008, a water supply work capable of floodplain harvesting—
(a) was fully constructed on the floodplain 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 floodplain landholder’s land without a relevant approval and an approval under the 1912 Act, Part 8 was not required to construct the work, or
(c) was fully or partially constructed, or proposed to be constructed, on the floodplain 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 floodplain landholder is eligible, the Minister must consider relevant information given by the floodplain landholder in relation to the water supply work.
However, the Minister may determine that a floodplain landholder is not eligible if—
(a) the floodplain landholder is, by written notice, given 28 days in which to make submissions about the proposed determination, and
(b) the Minister has considered the submissions, if any, received from the floodplain landholder within the 28 days.
If the Minister determines that a floodplain landholder is eligible for a replacement floodplain harvesting access licence, the Minister must determine the share component of the licence in accordance with Subdivision 2.
In this section—
(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 1912 Act—
(i) Part 2, or
(ii) Part 8, as in force immediately before the repeal of the part.
This section applies to an eligible floodplain landholder if, on 3 July 2008, one of the following licences was in force in relation to the land on which the floodplain 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 for the eligible floodplain landholder by using the 3 models referred to in Subdivision 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 floodplain landholder eligible under subsection (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 subsection (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 section—
(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 section applies to an eligible floodplain landholder if—
(a) an entitlement or an entitlement and one 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 floodplain 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) section 35 does not apply to the eligible floodplain landholder.
The Minister must determine the share component of a replacement floodplain harvesting access licence for the eligible floodplain 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 subsection (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 subsection (2) is less than or equal to zero.
In this section—
This section applies to an eligible floodplain 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 eligible floodplain 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) section 36 does not apply to the eligible floodplain landholder.
The Minister must determine the share component of a replacement floodplain harvesting access licence for the eligible floodplain holder 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 subsection (2) is less than or equal to zero.
For subsection (2)(b), 1ML is taken to be 1 unit of a share component.
The Minister must comply with this section before making a final determination of the share component for a replacement floodplain harvesting access licence for an eligible floodplain landholder.
The Minister must—
(a) give the eligible floodplain landholder written notice of the proposed share component (the
first notice ), and(b) consider submissions, if any, received from the eligible floodplain 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 eligible floodplain landholder further written notice of the proposed share component (the
further notice ), and(b) consider the submissions, if any, received from the eligible floodplain landholder in accordance with the further notice.
A notice given to an eligible floodplain landholder under this section must include the following information—
(a) the amount of the proposed share component,
(b) that the eligible floodplain 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 floodplain landholder, the Minister must, after considering all submissions received from the eligible floodplain landholder under section 38, 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 subdivision—
(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 Minister’s 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 eligible floodplain 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 floodplain landholder is taken to hold the licence, only after the Minister gives written notice to the eligible floodplain 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 Subdivision 2.
The categories of replacement floodplain harvesting access licence are—
(a) for an eligible floodplain landholder if, on or before 3 July 2008, a regulated river access licence was in force in relation to the land on which the eligible floodplain landholder’s eligible water supply work is located—a floodplain harvesting (regulated river) access licence, or
(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 floodplain landholder’s replacement floodplain harvesting access licence if the work—
(a) is capable of floodplain harvesting, and
(b) is located on the eligible floodplain landholder’s land, and
(c) is specified in a water supply work approval.
Despite another provision of this division, a floodplain 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 division for issuing replacement floodplain harvesting access licences for which the floodplain landholder may have been eligible is completed in relation to the relevant floodplain.
For the Act, section 400(2), a person is exempt from the Act, section 60A(1) and (2) for the taking of water from a water source if the person—
(a) is specified in a provision to Schedule 4, Part 2, and
(b) takes water in the circumstances, and in accordance with conditions, if any, specified in the provision.
A person exempt under subsection (1) is also exempt from the mandatory conditions relating to access licences that are imposed on a water supply work approval.
It is an offence under the Act, section 60A(1) and (2) to take water without an access licence.
For the Act, Dictionary, definition of
(a) the extraction of sand,
(b) the extraction of road base material.
For the Act, section 113(2), the register—
(a) must be kept in electronic form, and
(b) must be able to be converted to hard copy, and
(c) may be made available on the Department’s website.
For the Act, section 113(3), the register must be made available for public inspection in electronic form at each office of the Department.
The register must include the class of each work approved under a water supply work approval in accordance with subsection (4).
Each work under a water supply work approval belongs to one of the following classes—
(a) for a work subject to an exemption under section 76(2)(c) or 88(3)(c)—decommissioned,
(b) for a work subject to an exemption under section 76(2)(d) or 88(3)(d)—constructed, basic landholder rights only,
(c) for a work subject to an exemption under section 76(2)(e) or 88(3)(e)—constructed, not taking water,
(d) for a work subject to an exemption under section 76(2)(f) or 88(3)(f)—constructed, approval holder declared not taking water,
(e) for another work that is constructed—constructed,
(f) for another 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 section 87, and
(b) for all works under a water supply work approval that are classified as constructed—that metering is required unless an exemption applies.
For the Act, section 92(2), an application under the Act, Chapter 3, Part 3 must be—
(a) in the approved form, and
(b) if assessment of the likely impact of the water use, work or activity is required by the Minister—accompanied by the assessment, and
(c) accompanied by the fee payable under the Act, section 114.
For the Act, section 92(7), the Minister must advertise applications for the following—
(a) water supply work approvals for the following—
(i) works to take water from a river,
(ii) bores for the taking of water, other than bores used only to take water in accordance with a person’s basic landholder rights,
(iii) works that have the effect of impounding water in a water source,
Example— weirs
(iv) works constructed or used to capture rainwater run-off,
Examples— tanks and dams
(b) water use approvals for irrigation, other than irrigation on land to which a replacement access licence applies,
(c) flood work approvals for non-complying flood works,
(d) flood work approvals for flood works located in or on a floodplain to which no management plan or converted floodplain management plan applies.
An application for an approval must be advertised by a notice published on one or more of the following—
(a) the Department’s website,
(b) the website of Water NSW,
(c) the Regulator’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) for a water supply work approval—the capacity of the work and the water source and stream from which the work will take water,
(e) for a water use approval—the purpose for which water will be used under the approval,
(f) the form in which an objection against the application must be made,
(g) the address to which, and the time by which, an objection must be made,
(h) the name and contact details of a member of staff of the Department.
In this section—
(a) located, or proposed to be constructed, in an area to which a converted floodplain management plan applies, and
(b) that, in the Minister’s opinion, does not comply with the converted floodplain management plan.
Advertising an application for a water supply work approval in accordance with section 49(1)(a) is not required for a water supply work used for—
(a) less than 6 months, and
(b) only one or more of the following purposes—
(i) the construction or maintenance of roads by a roads authority,
(ii) drought relief,
(iii) dust suppression,
(iv) firefighting or any of the activities referred to in Schedule 4, section 11 when firefighting,
(v) prospecting or fossicking for minerals or petroleum under the Mining Act 1992 or the Petroleum (Onshore) Act 1991,
(vi) an environmental purpose authorised by a plan approved by the Minister under the Act, section 8E(7),
(vii) hydrostatic testing of gas pipelines.
Advertising an application for a water supply work approval in accordance with section 49(1)(a)(i) is not required for a water supply work—
(a) used only to take or use water under a replacement access licence, and
(b) in existence when the replacement access licence came into force.
Advertising an application for a water supply work approval in accordance with section 49(1) is not required for a water supply work if—
(a) the water supply work is used to take water for floodplain harvesting by a landholder, and
(b) the floodplain harvesting will be permitted under a replacement floodplain harvesting access licence.
For the Act, section 93(1), an objection to the granting of an approval must, within 28 days after notice of the approval is advertised, be made in the approved form.
For the Act, section 96(a), the Minister must, in considering whether to grant an aquifer interference approval, consider whether the amount of water taken in carrying out the aquifer interference activity under the approval will be more than the total extraction limit set out in a management plan for the water source.
For the Act, section 102(6), a written notice may be served on or given to the holder of an approval by sending the written notice electronically to an email address given by the holder as the holder’s address for the giving or service of documents of that kind.
Service in accordance with subsection (1) is effected when the notice is sent to the email address.
For the Act, section 107(1)(b), the Minister may amend an approval to create 2 or more approvals from 1 approval if—
(a) a subdivision of the land specified in the approval as the land benefited by the approval results in—
(i) part of the land being held by the holder of the approval, and
(ii) another part of the land being held by a landholder who is not the holder of the approval, or
(b) for an approval jointly held by 2 or more persons—each person requests the creation of 2 or more approvals from the approval, or
(c) for a water supply work approval held by 1 person and nominated in a floodplain harvesting (regulated river) access licence or floodplain harvesting (unregulated river) access licence—
(i) the person requests the creation of 2 or more approvals from the approval, 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 floodplain harvesting (unregulated river) access licence.
For the Act, section 107(1)(c), the Minister may amend an approval to correct an 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 Act, section 108(1A), the Minister may refuse to accept the surrender of an approval in the following circumstances—
(a) for a water management work approval—
(i) the 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 have been made to ensure no more than minimal harm will be done to a water source or its dependent ecosystems if the approval is surrendered,
(b) for a water management work approval—the Minister is satisfied—
(i) a work to which the approval relates is being used or is capable of being used, and
(ii) the work will not be authorised under the Act if the approval is surrendered,
(c) for a controlled activity approval—
(i) the carrying out of a controlled activity under the approval has commenced but has not been completed in accordance with the approval, and
(ii) the Minister is not satisfied that adequate arrangements have been made to ensure no more than minimal harm will be done to waterfront land if the approval is surrendered,
(d) for a controlled activity approval—a maintenance period specified in the approval to enable the implementation of a rehabilitation plan or vegetation management plan has not expired,
(e) for an aquifer interference approval—
(i) the carrying out of an aquifer interference activity under the approval has commenced but has not been completed in accordance with the approval, and
(ii) the Minister is not satisfied that adequate arrangements have been made to ensure no more than minimal harm will be done to the aquifer or its dependent ecosystems if the approval is surrendered.
This section applies to an approval holder who constructs or uses a water supply work smaller in capacity than the water supply work for which the approval holder has a water supply work approval.
For the Act, section 400(1)(e), the approval holder must notify the Minister in the approved form of the following—
(a) the capacity of the water supply work constructed or in use,
(b) the demolition of the work,
(c) the construction and capacity of works that replace the demolished work.
The notice must be given within 90 days of the demolition or construction of the work.
For the Act, section 400(1)(c), the Minister may require and receive a security deposit from the holder of an approval—
(a) before the holder starts the construction of a work or starts carrying out an activity under the approval, and
(b) to pay for the reasonable costs of performing the holder’s obligations under the approval.
The Minister may—
(a) keep the security deposit until satisfied that the holder of the approval has performed all obligations under the approval, and
(b) pay out the security deposit to cover the reasonable costs of performing the holder’s obligations under the approval.
The Minister must repay the holder the amount of the security deposit and any interest accrued on the deposit as a result of its investment less the amount, if any, paid out under subsection (2)(b) if the Minister is satisfied all obligations under the approval have been met.
The Minister may be satisfied that all obligations under the approval have been met for subsection (2) or (3)—
(a) at the Minister’s discretion, or
(b) on the application, in the approved form, of the holder.
To avoid doubt, a security deposit may be retained and dealt with under this section after the expiry of the approval.
In this section—
The Act, section 106 does not apply to the following—
(a) a water management work approval for a work used by a person—
(i) referred to in Schedule 4, section 4 solely for taking water for the construction of roads for which the person is exempted from the requirement for an access licence under section 45, or
(ii) referred to in Schedule 4, section 2, 12 or 15 solely for taking water for a purpose for which the person is exempt from the requirement for an access licence under section 45,
(b) a water use approval for the use of water—
(i) for the construction of roads, or
(ii) for a purpose referred to in paragraph (a)(ii).
A person specified in a section under Schedule 4, Part 3 is exempt from the Act, section 91A(1) in relation to the use of water in the circumstances, and subject to the conditions, specified in the section.
A person specified in a provision of Schedule 4, Part 4, Division 1 or 3 is exempt from the Act, section 91B(1) in relation to the construction of a water supply work in the circumstances, and subject to the conditions, specified in the provision.
A person specified in a provision of Schedule 4, Part 4, Division 2 or 3 is exempt from the Act, section 91B(1) in relation to the use of a water supply work in the circumstances, and subject to the conditions, specified in the provision.
A person specified in a provision of Schedule 4, Part 5 is exempt from the Act, section 91D(1) in relation to the construction or use of a flood work in the circumstances, and subject to the conditions, specified in the provision.
A person is exempt from the Act, section 91E(1) in relation to carrying out a controlled activity specified in Schedule 4, Part 6 in the circumstances, and subject to the conditions, specified for the controlled activity.
A public authority, other than Landcom, the Superannuation Administration Corporation or their subsidiaries, is exempt from the Act, section 91E(1) in relation to carrying out controlled activities in all circumstances.
Without limiting subsections (1) and (2), a network operator or pipeline licensee is exempt from the Act, section 91E(1) in relation to carrying out a controlled activity relating to a relevant activity of the operator or licensee if—
(a) the relevant activity is carried out in, on or under waterfront land relating to a river, estuary or lake, other than in or on—
(i) the bed or banks of a river, or
(ii) the bed or shore of a lake, or
(iii) the bed or land lying between the bed and mean high water mark of an estuary, and
(b) the activity does not cause a change in the course of the river, and
(c) the operator or licensee, after considering the environmental impact of the activity under the Environmental Planning and Assessment Act 1979, section 5.5 as if the operator or licensee were the determining authority under that section, is satisfied the activity is not likely to significantly affect the environment.
For the Act, section 113D, the Minister may impose a condition on an exemption under this section if the purpose of the condition is to protect the following—
(a) waterfront land,
(b) rivers, lakes and estuaries.
The Minister may impose, vary or revoke the condition by—
(a) publishing a notice in the Gazette, or
(b) written notice to the exempt person.
A notice published or given under this section must specify the following—
(a) the person required to comply with the condition,
(b) the land the condition applies to,
(c) the steps that must be taken by the person required to comply with the condition.
The condition takes effect on—
(a) the date specified in the notice, or
(b) if no date is specified—the day on which the notice is published or given to the person.
In this section—
(a) Water Industry Competition Act 2006, or
(b) Gas Supply Act 1996, or
(c) Electricity Supply Act 1995.
(a) for a network operator—the operator’s water, gas or electricity infrastructure, and
(b) for a pipeline licensee—the pipeline the subject of the licence and its associated infrastructure.
For the Act, section 113B, a public authority may apply to the Minister for an exemption from section 91B(1) in relation to the construction or use of a water supply work, or both.
The Minister may exempt a public authority, by written notice to the authority, if—
(a) the public authority has made an application for the exemption, and
(b) the Minister is satisfied that—
(i) conditions of drought exist, and
(ii) the exemption is in the public interest.
An exemption remains in force for—
(a) the period specified in the exemption notice, or
(b) if no period is specified in the exemption notice—1 year after the day on which the exemption is granted.
The exemption is subject to the condition that the public authority give written notice to the Minister, within the relevant period, of the following—
(a) the plans for the water supply work, including whether or not the authority intends to continue to use the work after the exemption expires,
(b) if the authority intends to stop using the water supply work on or before the expiry of the exemption—
(i) the date on which the authority will stop using the work, and
(ii) the authority’s plans for the work after the authority stops using the work,
Examples— capping, decommissioning or removing the work
(c) if the authority intends to continue using the water supply work after the exemption expires—whether the authority intends to—
(i) apply to extend the period of the exemption, or
(ii) rely on another exemption, under the Act or this regulation, from the requirement to obtain an approval for the work, or
(iii) apply for a water supply work approval for the work.
The exemption is also subject to the condition that the public authority must maintain the water supply work or otherwise decommission the work.
Maximum penalty—20 penalty units.
Despite subsection (5), the exemption is subject to the condition that if the water supply work is a weir, the public authority must decommission the weir as soon as reasonably practicable after the conditions of drought for which the exemption was granted no longer exist.
Maximum penalty—20 penalty units.
The conditions under subsections (5) and (6) continue to apply after the expiry of the exemption as a requirement on the public authority.
The Minister may, by written notice to a public authority, impose other conditions on the exemption, including conditions relating to the following—
(a) the location of the water supply work,
(b) the water source from which water will be taken by the water supply work,
(c) the construction standards with which the water supply work must comply,
(d) the maximum size of the water supply work,
(e) reporting requirements on completion of the construction of the water supply work.
The Minister may, by written notice to a public authority, vary or revoke an exemption or a condition imposed on an exemption.
The Minister may, by written notice to the public authority, extend the duration of the exemption for a period specified in the notice, if—
(a) the public authority has applied to the Minister for the extension, and
(b) the Minister is satisfied—
(i) conditions of drought continue to exist, and
(ii) the extension is in the public interest.
The Minister may, by written notice, direct the public authority to maintain or decommission the work the subject of the exemption in accordance with subsection (5) or (6).
The public authority must comply with the direction under subsection (11).
Maximum penalty—20 penalty units and, for a continuing offence, a further 20 penalty units for each day the offence continues.
In this section—
(a) the period specified in the exemption notice, or
(b) if no period is specified in the notice—no later than 3 months before the day on which the exemption expires.
In this part—
(a) a water supply work approval,
(b) an access licence,
(c) another entitlement under the 1912 Act.
For this part, an authority applies to a work if—
(a) the authority authorises the use of the work, or
(b) the work is or may be used to take water permitted to be taken under the authority.
In this regulation,
(a) a water supply work approval by the Act, section 101A(1), or
(b) another authority under section 68, or
(c) another authority under section 69.
For the Act, section 115, it is a mandatory condition of an access licence that metering equipment is installed, used and properly maintained in connection with a water supply work that is or may be used to take water under the licence if—
(a) the work is exempt from the requirement for a water supply work approval because of the Environmental Planning and Assessment Act 1979, section 4.41 or 5.23 or because the work is part of a transitional Part 3A project under that Act, or
(b) the work is used for the purpose of prospecting or fossicking for minerals or petroleum under the Mining Act 1992 or the Petroleum (Onshore) Act 1991.
In this section—
For the Act, section 115A(b), it is a mandatory condition of a licence or other entitlement under the 1912 Act that metering equipment is installed, used and properly maintained in connection with a work that is or may be used to take water under the licence or entitlement.
For the Act, section 101A(2) and this subdivision, the holder of an authority is taken to have complied with a particular aspect of the mandatory metering equipment condition if the holder has complied with the requirements set out in Schedule 5.
An authority that is subject to an inconsistent metering condition is taken to be amended by removing the condition on the application day.
In this section—
(a) relates to an extraction measurement device, flow measurement device or other metering equipment for a work to which the authority applies that is subject to a mandatory metering equipment condition, and
(b) is wholly or partly inconsistent with the mandatory metering equipment condition or any requirements for metering equipment under this regulation.
In this subdivision and Schedule 7—
(a) authorised to be constructed or used under an authority, and
(b) for which the authority permits the pump to have a diameter of—
(i) not less than 100mm, and
(ii) not more than 499mm.
For subsection (1), definition of
For this subdivision and Schedule 7, 1 unit share, in relation to the share component of an access licence, is equal to 1ML.
For the Act, sections 101A(3)(a) and 400(2), the mandatory metering equipment condition does not apply to a work specified in a provision of Schedule 7, Part 2 in the circumstances, and subject to the conditions, specified in the provision.
For the Act, sections 101A(3)(a) and 400(2), the mandatory metering equipment condition does not apply to a work specified in a provision of Schedule 7, Part 3 in the circumstances, and subject to the conditions, specified in the provision.
Subsection (1) does not apply to a pump with a diameter that is 500mm or greater or that is the subject of an authority that applies to a work of that kind.
An exemption under this section does not prevent a person—
(a) from having to comply with a direction given under the Act, section 326, or
(b) from complying with a condition relating to metering equipment imposed under a provision of the Act other than section 101A.
For the Act, section 101A(3), the Minister may exempt a holder of an authority, or class of holders, from the application of the mandatory metering equipment condition in relation to a work.
The Minister must not grant the exemption unless the Minister is satisfied of one or more of the following—
(a) it is not possible for water taken using the work to be measured by metering equipment,
(b) the work is not constructed,
(c) the work is decommissioned,
(d) the work is used solely for taking water in accordance with the holder’s basic landholder rights,
(e) the work does not take water from a water source,
(f) the approval holder has declared the work does not and will not take water from a water source.
The Minister may grant an exemption—
(a) at the Minister’s discretion for a holder or class of holders, or
(b) on the application, in the approved form, of a holder.
The Minister may grant the exemption subject to conditions or unconditionally.
The Minister may revoke or amend an exemption—
(a) for an approval holder by written notice to the approval holder, or
(b) at anytime for a class of holders.
The Minister must publish the following on the Department’s website—
(a) an exemption that applies to a class of holders,
(b) the amendment or revocation of the exemption.
For the Act, sections 115 and 115A, it is a mandatory condition of an authority to which an exemption under section 75 applies in relation to a work under the authority, that the holder of the authority—
(a) for an exemption granted under section 76(2)(b), (c), (e), or (f)—must not take water using the work, or
(b) for an exemption granted under section 76(2)(d)—must not take water using the work other than in accordance with the holder’s basic landholder rights.
Each of the following works is exempt from the metering equipment standards under Schedule 5, sections 3(1), 5, 6(2), 7 and 8 if—
(a) the work is—
(i) a 200mm or larger bore, or
(ii) a 100mm–499mm pump, or
(iii) a water supply work, other than a pump, used to take water from a water source, and
(b) the total share components of all access licences on which the work is nominated is more than 15ML but less than 100ML.
In this division—
This division applies to a water supply work approval under which an approved work is authorised to be constructed or used for the purpose of taking water, or storing water taken, under—
(a) a floodplain harvesting (regulated river) access licence, or
(b) a floodplain harvesting (unregulated river) access licence, or
(c) if the water taken by the approved work is overland flow water taken from a declared floodplain—an unregulated river access licence.
If there is an inconsistency between a condition imposed under this division and a provision of Schedule 5 for an approval to which this division applies, the condition imposed under this division prevails.
For the Act, section 115, it is a mandatory condition of a water supply work approval to which this division applies that—
(a) point-of-intake metering equipment is installed, used and maintained in connection with a point-of-intake work that is authorised to be constructed or used to take water under the approval, and
(b) storage metering equipment is installed, used and maintained in connection with a storage work that is authorised to be constructed or used to store water under the approval.
Despite subsection (1)(a), point-of intake metering equipment is not required to be installed, used or maintained in connection with the point-of-intake work if—
(a) water taken by the work, before being used, is stored in an approved storage work, and
(b) the storage work must have storage metering equipment under subsection (1)(b).
Despite subsection (1)(b), storage metering equipment is not required to be installed, used or maintained in connection with the storage work if—
(a) the water stored by the work, before being used, is taken by a point-of-intake work, and
(b) the point-of-intake work must have point-of-intake metering equipment under subsection (1)(a).
For the Act, section 115, the holder of an approval is taken to have complied with a particular aspect of the mandatory floodplain harvesting condition imposed by section 81 if the holder has complied with the requirements under Schedule 6.
Schedule 6 is a mandatory condition of a water supply work approval if the work is subject to the mandatory condition under section 81.
In this part,
(a) beginning when overland flow water is taken by one or more of the works under the water supply work approval for the approved work, and
(b) ending when—
(i) overland flow water is no longer being taken by the approved work or works, and
(ii) supply channel infrastructure used to direct or convey water to a storage work no longer conveys water to any of the approved works, and
(iii) all buffer zone areas related to the approved works are empty of water, other than water that cannot reasonably be transferred to any of the approved works.
The take of overland flow water includes when overland flow water is not able to be isolated from water taken by one or more of the works under—
(a) an access licence other than the following—
(i) a floodplain harvesting (regulated river) access licence,
(ii) a floodplain harvesting (unregulated river) access licence,
(iii) if the overland flow water is taken from a declared floodplain—an unregulated river access licence,
(b) a basic landholder right,
(c) an exemption from holding an access licence.
The take of overland flow water does not include the take of overland flow water under an exemption from a requirement to hold an access licence.
For the Act, section 115, it is a mandatory condition of a water supply work approval to which this division applies that the approval holder must notify the Minister in the approved form of each measurement period for the water supply work approval (a
It is a mandatory condition of a water supply work to which this division applies that the approval holder must not take water from a water source outside a notified measurement period with a water supply work nominated for the purpose of taking water, or storing water taken, under the following—
(a) a floodplain harvesting (regulated river) access licence,
(b) a floodplain harvesting (unregulated river) access licence,
(c) for the take of overland flow water only—an unregulated river access licence if the overland flow water is taken from a declared floodplain.
For the Act, section 115, it is a mandatory condition of a water supply work approval to which this division applies that the approval holder must not take water from a water source during a notified measurement period for a work under the approval if—
(a) the taking of water would be under—
(i) a basic landholder right, or
(ii) an exemption from holding an access licence, and
(b) during the measurement period, the approval holder removes water from an approved storage work, or buffer zone area, that is located on the same landholding as the approved work, and
(c) the water being removed—
(i) has not been measured by point-of-intake metering equipment before its removal, or
(ii) will be used in any way other than being stored in an approved storage work located on the landholding and subject to the mandatory floodplain harvesting condition.
Despite any other provision of this regulation, the mandatory metering equipment condition applies in connection with a work under a water supply work approval to which this division applies if—
(a) the work is used to remove water from an approved storage work or buffer zone area, and
(b) the removal occurs during a notified measurement period for the approval, and
(c) during the measurement period, the approval holder takes water from a water source that is not measured by point-of-intake metering equipment in connection with a work that is subject to the mandatory floodplain harvesting condition, and
(d) after removal, the water is not stored in an approved storage work under the approval and that is subject to the mandatory floodplain harvesting condition.
This section extends to any water supply work approval despite section 80.
For the Act, section 115, subsections (4) and (5) are mandatory conditions imposed on a water supply work approval to which this section applies.
This section applies if an approval holder is taking water from a water source or removing water from an approved storage work on the landholding to which the approval applies during a measurement period for any approved work on the landholding.
The approval holder must use a work (a
The approval holder must notify the Minister in the approved form before using a controlling work for the purposes of this section.
For the Act, sections 101A(3)(b) and 400(2), the Minister may exempt an approval holder, or a class of approval holders, from the application of the mandatory floodplain harvesting condition in relation to a work under the approval.
The Minister may grant an exemption—
(a) at the Minister’s discretion for a holder or class of holders, or
(b) on application, in the approved form, for a holder.
The Minister must not grant the exemption unless the Minister is satisfied of one of the following—
(a) it is not possible for water taken or stored using the approved work to be measured by—
(i) point-of-intake metering equipment, or
(ii) storage metering equipment,
(b) the work is not constructed,
(c) the work is decommissioned,
(d) the work is used solely for taking water in accordance with the holder’s basic landholder rights,
(e) the work does not take water from a water source,
(f) the approval holder has declared the work does not and will not take water from a water source.
An exemption may be granted unconditionally or subject to conditions.
The Minister may revoke or amend an exemption—
(a) for an approval holder by written notice to the approval holder, or
(b) at anytime for a class of holders.
The Minister must publish on the Department’s website—
(a) an exemption that applies to a class of holders, and
(b) the amendment or revocation of the exemption.
For the Act, section 115A, it is a mandatory condition of an approval to which an exemption under section 88 applies in relation to a work under the approval that the approval holder must—
(a) for an exemption granted under section 88(3)(b), (c) or (e)—not take water from a water source using the work, and
(b) for an exemption granted under section 88(3)(d)—not take water from a water source using the work other than under a basic landholder right, and
(c) for an exemption granted under section 88(3)(f)—
(i) not take water from a water source using the work, and
(ii) ensure the work cannot take water from a water source.
For the Act, section 91IA(b), notice that metering equipment is faulty must be given to the Minister in the approved form.
For the Act, section 400(2), a person is exempt from the Act, section 91IA if—
(a) telemetry equipment is the only part of the metering equipment that is faulty, and
(b) the person gives notice to the Minister in accordance with subsection (1) within 24 hours of becoming aware the telemetry equipment has been faulty for at least 72 hours.
For the Act, section 91I(3), a person who takes water from a water source using a metered work while its metering equipment is faulty must comply with this section unless the take of water is under—
(a) a floodplain harvesting (regulated river) access licence, or
(b) a floodplain harvesting (unregulated river) access licence, or
(c) if the water taken is overland flow water from a declared floodplain—an unregulated river access licence.
Section 120(4) | $750 | $1,500 |
Section 146(1) | $750 | $1,500 |
Section 167(2) | $750 | $1,500 |
Section 172(3) | $750 | $1,500 |
Section 226(1) | $750 | $1,500 |
Section 239I(2) | $750 | $1,500 |
Section 239R(3) | $750 | $1,500 |
Section 256(1) | $3,000 | $6,000 |
Section 336C(1) | $3,000 | $6,000 |
Section 340A(1) | $3,000 | $6,000 |
Section 342(1) | $750 | $1,500 |
Section 342(2) | $750 | $1,500 |
Section 343(1) | $750 | $1,500 |
Section 345(2) | $7,700 | $15,400 |
Section 346 | $3,000 | $6,000 |
Section 97(2) | $1,000 | — |
Section 98(1) or (2) | $1,000 | — |
Section 99(1) or (2) | $1,000 | — |
Section 100(1) or (2) | $1,000 | — |
Section 101(3) | $1,000 | — |
Section 102(3) | $1,000 | — |
Section 103(3) | $1,000 | — |
Section 104(2) | $1,000 | — |
In this schedule—
This section applies to primary metering equipment installed on or before 14 February 2020 on a water supply work nominated for the purpose of measuring water taken or collected under—
(a) a floodplain harvesting (regulated river) access licence, or
(b) a floodplain harvesting (unregulated river) access licence, or
(c) an unregulated river access licence if the water taken is overland flow water taken from a declared floodplain.
The work may continue to be used for the life of the equipment despite a new condition imposed under this regulation, Part 5, Division 3 if—
(a) tamper evident seals are affixed in accordance with Schedule 5, section 5, and
(b) for point-of-intake metering equipment or storage metering equipment—the equipment is fitted with a device that complies with the data logging and telemetry specifications approved by the Minister, and
(c) for storage metering equipment—a duly qualified person certifies—
(i) the equipment includes a digital measurement sensor, and
(ii) the equipment is fitted with a telemetry device that complies with paragraph (b), and
(iii) the equipment and the telemetry device are operating properly, and
(iv) the equipment was installed in accordance with the manufacturer’s instructions, and
(v) the equipment was calibrated by a duly qualified person by reference to a survey benchmark installed and validated as described in Schedule 6, section 2(4), and
(d) for storage metering equipment that does not meet the storage metering equipment standards—
(i) the manufacturer certifies that the equipment operated within 10mm accuracy in laboratory conditions before the equipment was installed, or
(ii) a person who holds a certification for installation and validation of storage meters or a certified practising hydrographer certifies that the equipment operated within 10mm accuracy in the field after the storage metering equipment was installed, or
(iii) a NATA-accredited laboratory, which is accredited for the relevant test method, certifies that the equipment operated within 10mm accuracy after the equipment was installed, and
(e) for point-of-intake measuring equipment installed to measure open-flow channels—
(i) the equipment was validated by a duly qualified person in accordance with AS 4747 not more than 12 months before the report is given to the Minister under subsection (3), and
(ii) the equipment was found by the duly qualified person to comply with the matters required to be checked on validation, and
(f) for point-of-intake measuring equipment installed to measure closed or partially closed conduit flows—
(i) the equipment was validated by a duly qualified person in accordance with AS 4747 not more than 5 years before the report is given to the Minister under subsection (3), and
(ii) the equipment was found by the duly qualified person to comply with the matters required to be checked on validation.
An approval holder who intends to rely on this section must give a report to the Minister in the approved form that—
(a) certifies the action taken by the approval holder to comply with the requirements of subsection (2) in relation to the metering equipment, and
(b) is accompanied by documents given to the approval holder by the duly qualified person reporting on or relating to the checks carried out by the duly qualified person, and
(c) certifies the checks were carried out not more than 5 years before the report is given to the Minister.
In this section—
(a) accredited by the National Association of Testing Authorities, Australia (
NATA ), or(b) recognised by NATA either solely or with someone else.
This section applies to an approval holder who installed primary metering equipment—
(a) in accordance with the requirements set out in the equipment guideline after 14 February 2020 but before 1 July 2022, and
(b) for the purpose of measuring water taken or collected under a licence on a water supply work nominated in—
(i) a floodplain harvesting (regulated river) access licence, or
(ii) a floodplain harvesting (unregulated river) access licence, or
(iii) an unregulated river access licence if the water taken is overland flow water taken from a declared floodplain.
The approval holder is taken to have installed the equipment in accordance with the mandatory floodplain harvesting condition if the following conditions are met—
(a) for point-of-intake metering equipment—a duly qualified person who is qualified to determine if all water is able to be measured by point-of-intake metering equipment certifies in writing that—
(i) the equipment complies with the point-of-intake metering equipment guideline, and
(ii) the person installed and validated the equipment in accordance with the requirements set out in the point-of-intake metering equipment guideline,
(b) for storage metering equipment—a duly qualified person who is qualified to install or repair a storage meter certifies in writing that—
(i) the equipment complies with the storage metering equipment guideline, and
(ii) the person installed and validated the equipment in accordance with the requirements set out in the storage metering equipment guideline.
For the avoidance of doubt, a storage curve in relation to storage metering equipment subject to this section is not required to be adopted until 1 July 2022.
The Water Management (General) Amendment Regulation (No 2) 2022 commenced on 1 July 2022.
In this section—
A floodplain licence holder is not required to comply with the mandatory floodplain harvesting condition for an approved work until the day that is 12 months after a water allocation is credited to the water allocation account for the floodplain licence.
It is a mandatory condition that a floodplain licence holder who stores water using an approved work and who does not comply with the mandatory floodplain harvesting condition in reliance on subsection (1) must—
(a) ensure a secondary metering device is installed for the approved work, and
(b) take the following readings from the secondary metering device—
(i) a reading taken within 24 hours after the beginning of each measurement period,
(ii) a reading taken within 24 hours after the end of each measurement period, and
(c) within 14 days of the end of a measurement period, notify the Minister of the following—
(i) the date the measurement period began and the date the measurement period ended,
(ii) the readings taken under paragraph (b) for the measurement period, and
(d) keep a record of the readings taken under paragraph (b) for a minimum of 5 years.
Notice under subsection (2)(c) must be given to the Minister in the approved form.
It is a mandatory condition that a floodplain licence holder who does not comply with the mandatory floodplain harvesting condition in reliance on subsection (1) must not, during a measurement period, remove water from an approved work or a buffer zone area unless—
(a) the water is being transferred to an approved work on the same land holding, and
(b) the approved work to which the water is transferred has storage metering equipment or a secondary metering device installed.
The measurement period for an approved work begins when the overland flow taken by the work—
(a) is being taken by one or more water supply works under the water supply work approval for the approved work, or
(b) is not able to be isolated from water taken under—
(i) an access licence, other than a floodplain licence, or
(ii) a basic landholder right, or
(iii) an exemption from holding an access licence.
The measurement period for an approved work ends when—
(a) overland flow is no longer being taken by the approved work, and
(b) supply channel infrastructure used to direct or convey water to the approved storage work no longer conveys water to the approved work, and
(c) all buffer zone areas related to the approved work are empty of water, other than water that cannot reasonably be transferred to the approved work.
In this section—
(a) a floodplain harvesting (regulated river) access licence,
(b) a floodplain harvesting (unregulated river) access licence.
For the Act, section 365, an authorised officer may issue a penalty notice for an offence under this regulation, section 97(2), 98(1) or (2), 99(1) or (2), 100(1) or (2), 101(3), 102(3), 103(3) or 104(2) committed before the date of assent to the Water Management Legislation Amendment (Stronger Enforcement and Penalties) Act 2025.
If, for a contravention under the Act, a prescribed methodology must be used to determine the value of water taken, the determination must use the prescribed methodology in force when the contravention occurred.
In this section—
(a) the methodology prescribed by this regulation, section 139, or
(b) the methodology prescribed by the Water Management (General) Regulation 2018, clause 20 or 20A.
section 3
(a) the Department’s website, or
(b) a publicly available website maintained by Water NSW and approved by the Minister.
(a) a private water corporation, or
(b) a private water trust.
regulated river (general security) access licence
regulated river (high security) access licence
(a) approved by the Minister, for which the notice of approval must be published on the Department’s website, and
(b) validated by a duly qualified person in accordance with the standards specified by the Minister for the device or type of device.
(a) means a work constructed or used to convey water to the point at which the work will be used, such as a water pipe or irrigation channel, and
(b) includes a reticulated system of works and all associated pipes, sluices, valves and equipment, and
(c) does not include a work that receives water from a water supply work under the control or management of—
(i) the Sydney Water Corporation, or
(ii) the Hunter Water Corporation, or
(iii) a flood work.
(a) the amount of water proposed to be taken by a person, and
(b) the water source from which the water is proposed to be taken.
Water Management (General) Regulation 2025 (438). LW 22.8.2025. Date of commencement, 1.9.2025, sec 2. This Regulation has been amended as follows—
(488) | Water Management (General) Amendment (Water Return Flow Rules and Exemptions) Regulation 2025. LW 10.9.2025. Date of commencement, on publication on LW, sec 2. | |
No 66 | Transport Legislation Amendment Act 2025. Assented to 28.10.2025. Date of commencement of Sch 2, assent, sec 2(b). | |
No 70 | Water Management Legislation Amendment (Stronger Enforcement and Penalties) Act 2025. Assented to 24.11.2025. Date of commencement of Sch 4, assent, sec 2(c)(ii). |
Part 3, Div 1, Subdiv 3A | Ins 2025 (488), Sch 1[1]. |
Sec 30A | Ins 2025 (488), Sch 1[1]. |
Sec 30B | Ins 2025 (488), Sch 1[1]. |
Sec 30C | Ins 2025 (488), Sch 1[1]. |
Sec 97 | Am 2025 No 70, Sch 4[1]. |
Sec 98 | Am 2025 No 70, Sch 4[1]. |
Sec 99 | Am 2025 No 70, Sch 4[1]. |
Sec 100 | Am 2025 No 70, Sch 4[1]. |
Sec 101 | Am 2025 No 70, Sch 4[1]. |
Sec 102 | Am 2025 No 70, Sch 4[1]. |
Sec 103 | Am 2025 No 70, Sch 4[1]. |
Sec 104 | Am 2025 No 70, Sch 4[1]. |
Sec 140A | Ins 2025 No 70, Sch 4[2]. |
Sch 4 | Am 2025 (488), Sch 1[2]; 2025 No 66, Sch 2.10[1] [2]; 2025 No 70, Sch 4[3]. |
Sch 11 | Am 2025 No 70, Sch 4[4]. |
Sch 12 | Am 2025 No 70, Sch 4[5]. |
Sch 13 | Am 2025 (488), Sch 1[3]; 2025 No 70, Sch 4[6]. |
For the purposes of comparison, this table shows the provisions of the Water Management (General) Regulation 2025 that correspond with the Water Management (General) Regulation 2018 other than provisions about water supply authorities, see the Water Management (Water Supply Authorities) Regulation 2025.
Water Management (General) Regulation 2025 | Water Management (General) Regulation 2018 |
1 | 1 |
2 | 2 |
3 | 3 |
4 | 3(1) definition for minor stream, Schedule 2 |
5 | 3(2) definition for river |
6 | 252 |
7 | 249 |
8 | 251(1), (2) |
9
251(3)
10
17(4)
11
Pt 10A
12
4(1)
13
4(2)
14
5
15
6
16
7
17
16
18
11
19
23M
19
16
20
17(1)-(3), (5)
21
19
22
23
23
9
24
10
25
8
26
12(5)
27
12(1)-(4)
28
13
29
22
30
18
31
14
32
15
33
23A
34
23B
35
23C
36
23D
37
23E
38
23F
39
23G
40
23H
41
23I
42
23J
43
23K
44
23L
45
21(1), (2)
46
24
47
31
48
25
49
26
50
26(4), (5)
51
26(6A)
52
27
53
28
54
8
55
29(1)
56
29(2)
57
30
58
248A
59
32
60
44
61
Pt 3, Divi 2, Subdiv 2
62
Pt 3, Div 2, Subdiv 3
63
Pt 3, Div 2, Subdiv 6
64
Pt 3, Div 2, Subdiv 4 (40-43)
65
39A
66
228, 240
67
228
68
229(1)
69
229(2), 245
70
229(3)
71
234
72
73
74
231
75
230
76
232A, 233
77
232B
78
230
79
238AA
80
238A
81
238B
82
83
238EA
84
238E
85
238F
86
238FA
87
238FB
88
238C, 238CA
89
238CB
90
241
91
242
92
238Q
93
243
94
95
236(1), (2)
96
237(6)
97
237(4), (5) and 238P
98
237(1)
99
237(2)
100
237(3)
101
238M
102
238N
103
238O
104
238NA
105
106
244(1), (2), (2A), (2B), (2C)
107
244A(2)-(2B), (4)
108
244(2C)-(2F), 244A(3), (3A), (3B) and (3C)
109
250
110
238(1)
111
238S
112
238G
113
238R
114
238(2)
115
258
116
245
117
118
51
119
52
120
53
121
54
122
123
55
124
56
125
57
126
58
127
59
128
60
129
61
130
62
131
63
132
64
133
65
134
66
135
67
136
113
137
114
138
258A
139
20, 20A
140
Schedule 7
141
254
142
255
143
256
144
259
Schedule 1
3
Schedule 2
252, Schedule 6
Schedule 3
Schedule 3
Schedule 4
Schedules 1, 4
Schedule 5
Schedule 8
Schedule 6
238J, 238K, 238L
Schedule 7
231, 230, Schedule 9
Schedule 8
Schedule 8A
Schedule 9
Pt 10A
Schedule 10
Schedule 11
Schedule 11
Schedule 7
Schedule 12
238T, 238U, 238V
Schedule 13
3
0
0
0