Water (Part 5—Bore Licences) Regulation 1995 (NSW)

Editorial note

The Parliamentary Counsel’s Office is progressively updating certain formatting styles in versions of NSW in force legislation published from 29 July 2019. For example, colons are being replaced by em-rules (em-dashes). Text of the legislation is not affected.

This version has been updated.

1Name of Regulation

This Regulation may be cited as the Water (Part 5—Bore Licences) Regulation 1995.

2Commencement

This Regulation commences on 1 September 1995.

3Definitions(1)

In this Regulation—

the Act means the Water Act 1912.

(2)

In this Regulation, a reference to a form is a reference to a Form set out in Schedule 1.

4Application for licence: sec 113(1)

For the purposes of section 113 (1) of the Act, an application for a licence for a new bore or for enlarging, deepening or altering an existing bore must be in Form 1.

(2)

For the purposes of section 113 (1) of the Act, the prescribed plans to accompany an application are plans showing—

• (a)

  the boundaries of the land occupied by the applicant, and

• (b)

  the site of the bore to be licensed, and

• (c)

  the boundaries of any land to be irrigated, and

• (d)

  the boundaries of the land of any other person to be supplied with water from the proposed works.

5Form of licence: sec 115

For the purposes of section 115 (1) of the Act, a licence under section 115 of the Act is to be in Form 2.

6Application for renewal of licence: sec 116

An application for renewal of a licence must be in a form approved by the Ministerial Corporation.

7Licence fees: secs 115, 116(1)

For the purposes of sections 115 and 116 of the Act, the prescribed fee is—

• (a)

  $48, for the issue or renewal of a licence for an artesian bore, or

• (b)

  $151, for the issue or renewal of a licence for a bore, other than an artesian bore—

  • (i)

    if the water is proposed to be used for irrigation, industrial or recreational purposes, or

  • (ii)

    if the water is proposed to be used for town water supply purposes and not less than 60 megalitres per annum is proposed to be extracted.

(2)

If a number of bores (not being artesian bores) are used by the same licensee for town water supply purposes and not less than 60 megalitres per annum is proposed to be extracted, a total fee of $151 is payable for the issue or renewal of the licences for those bores.

8Prescribed public authorities: sec 116A

For the purposes of section 116A (3) of the Act (nominal licence fees), the following are prescribed public authorities—

• •

  A Department of the State

• •

  Rail Corporation New South Wales

• •

  NSW Trains

• •

  Sydney Trains

• •

  Sydney Metro

• •

  Forestry Corporation

• •

  Pacific Power

• •

  A council of a local government area

• •

  A county council

• •

  Any board or joint committee in respect of works of water supply affecting more than one local government area

cl 8: Am 2002 No 55, Sch 1.14; 2003 No 96, Sch 3.25; 2012 No 96, Sch 4.52; 2017 No 63, Sch 4.57; 2018 No 18, Sch 2.22; 2025 No 66, Sch 2.12.

9Payment of licence fee: sec 116B

For the purposes of section 116B of the Act, the time prescribed for the payment of the fee for the issue or renewal of a licence is within 5 weeks after the date of notification by the Ministerial Corporation of the amount of the fee.

10Water charges: sec 117B(1)

For the purposes of section 117B (5) (c) of the Act, the maximum rate of the charge payable under section 117B (4) of the Act is—

• (a)

  if the water is used for town water supply purposes—$1.62 per megalitre, or

• (b)

  if the water is used for irrigation, industrial or recreational purposes—$4.85 per megalitre.

(2)

For the purposes of section 117B (5) (d) of the Act, the charge referred to in section 117B (4) of the Act must be paid to the Ministerial Corporation within one month after a notice requiring payment has been served on the licensee—

• (a)

  by delivering it to the licensee, or

• (b)

  by leaving it at the property or premises on which the licensee resides or carries on business, or

• (c)

  by leaving it with a person apparently over the age of 14 years and apparently resident or employed on the property or premises on which the licensee resides or carries on business, or

• (d)

  by posting it to the licensee at the usual or last known place of residence or business of the licensee.

(3)

For the purposes of section 117B (8A) (a) of the Act, the prescribed rate of interest is the rate prescribed under section 101 of the Civil Procedure Act 2005 with respect to the payment of interest on a judgment debt.

cl 10: Am 2005 No 28, Sch 5.50.

11Payment of charges into Consolidated Fund: sec 128

For the purposes of section 128 of the Act, all charges payable under Part 5 of the Act must be paid into the Consolidated Fund at the times and in the manner directed by the New South Wales Treasury Corporation.

12Repeal(1)

The Water (Part 5) General Regulations are repealed.

(2)

Any act, matter or thing that, immediately before the repeal of the Water (Part 5) General Regulations, had effect under those Regulations is taken to have effect under this Regulation.

Schedule 1FormsForm 1

(Clause 4)

APPLICATION FOR A BORE LICENCE UNDER PART 5 OF THE WATER ACT 1912(Section 113, Water Act 1912)

SECTION 1

Applicant(s)—

Surname: First Names:

Surname: First Names:

Postal Address:

Post Code: Telephone:

Property Address:

Post Code: Telephone:

Location of work to be licensed Portion/Lot/DP Parish County

Nature of work to be licensed	□ Proposed	□ Alteration	Proposed depth in metres	□ Existing
Is work to replace an abandoned work?	Is work to be altered already licensed?	Is application replacing an existing licence?
□ Yes   □ No	□ Yes   □ No	□ Yes   □ No
Details

Type of work	□ Bore	□ Well	□ Excavation
□ Spearpoints(s)	□ Artesian bore	□ Test bore

Ultimate purpose for which water is to be used from the completed or converted work	□ Stock	□ Waste disposal	□ Irrigation	□ Sand and gravel washing	Estimated annual usage in megalitres
□ Domestic	□ Town water
□ Farming (Not irrigation)	□ Drainage	□ Recreation	□ Industrial/ commercial
□ Mining
If application purpose is for town water, please provide in a separate sheet details of ALL existing town water bores and wells including: Bore No., Licence No., annual allocation and usage in megalitres.

Complete if other landholders to be supplied with water Name Portion/ Lot/DP Parish County Purpose of supply

SECTION 2 (complete this section if the application includes irrigation)

Description of property (from your rate notice or local Council)	Portion/ Lot/DP	Parish	County	Total area in hectares	Is the property leased?
□ Yes   □ No

Details of crops to be irrigated □ Orchard □ Vines □ Other Area in hectares

Any other irrigation from bores and wells Number of bores and wells Type of crop(s) Area in hectares

Any other irrigation	From rivers, lakes etc	Area authorised	From Ministerial Corporation channels	Area authorised
□ Yes   □ No	□ Yes   □ No
Details

I/We apply for a licence to construct and use the works described above and to use the water obtained only for the purpose specified in the application.

Attached are—

• 1.

  PLANS showing—

  • (a)

    the boundaries of the land occupied by me/us;

  • (b)

    the site of the bore to be licensed;

  • (c)

    the boundaries of any land to be irrigated;

  • (d)

    the boundaries of the land of any other person to be supplied with water from the proposed works.

• 2.

  The prescribed FEE of $.

Dated this day of 19.

Signature/s of applicant/s

Water Administration Ministerial Corporation.

Form 2

(Clause 5)

BORE LICENCE(Section 115, Water Act 1912)

Date Issued No.

Name and address of Licensee—

LOCATION OF LICENSED BORE

Portion/Lot/DP—

Parish—

County—

Nature and description of bore—

Purposes for which water may be used—

LOCATION OF LAND TO BE IRRIGATED

Portion/Lot/DP—

Parish—

County—

Area to be Irrigated—	hectares	Period for which licence is issued—	years
Volume of water which may be taken annually—	megalitres

The bore described above and referred to in the application and plans deposited by the licensee is declared to be a licensed bore under the Water Act 1912.

This licence is subject to the terms, limitations and conditions, if any, set out in the attached statement.

Historical notesTable of amending instruments

Water (Part 5—Bore Licences) Regulation 1995 published in Gazette No 105 of 1.9.1995, p 6034 and amended as follows—

Olympic Co-ordination Authority Dissolution Act 2002 No 55. Assented to 8.7.2002. Date of commencement, 1.7.2002, sec 2.

Transport Administration Amendment (Rail Agencies) Act 2003 No 96. Assented to 10.12.2003. Date of commencement of Sch 3, 1.1.2004, sec 2 and GG No 197 of 19.12.2003, p 11271.

2005	No 28	Civil Procedure Act 2005. Assented to 1.6.2005. Date of commencement of Sch 5.50, 15.8.2005, sec 2 (1) and GG No 100 of 10.8.2005, p 4205.
2012	No 96	Forestry Act 2012. Assented to 21.11.2012. Date of commencement of Sch 4.52, 1.1.2013, sec 2 and 2012 (680) LW 21.12.2012.
2017	No 63	Statute Law (Miscellaneous Provisions) Act (No 2) 2017. Assented to 23.11.2017. Date of commencement of Sch 4.57, 14.1.2018, sec 2 (3).
2018	No 18	Transport Administration Amendment (Sydney Metro) Act 2018. Assented to 23.5.2018. Date of commencement, 1.7.2018, sec 2 and 2018 (275) LW 22.6.2018.
2025	No 66	Transport Legislation Amendment Act 2025. Assented to 28.10.2025. Date of commencement of Sch 2, assent, sec 2(b).

Table of amendments

Cl 8	Am 2002 No 55, Sch 1.14; 2003 No 96, Sch 3.25; 2012 No 96, Sch 4.52; 2017 No 63, Sch 4.57; 2018 No 18, Sch 2.22; 2025 No 66, Sch 2.12.
Cl 10	Am 2005 No 28, Sch 5.50.