WATER MANAGEMENT (GENERAL) REGULATION 2018

New South Wales Consolidated Regulations

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WATER MANAGEMENT (GENERAL) REGULATION 2018

- Made under the Water Management Act 2000
- As at 1 March 2024
- Reg 480 of 2018

TABLE OF PROVISIONS

PART 1 - PRELIMINARY

1. Name of Regulation
2. Commencement
3. Definitions
3A. Giving of information to Natural Resources Access Regulator

PART 2 - ACCESS LICENCES

Division 1 - General

4. Categories of access licence
5. Specific purpose access licences
6. Priorities between different categories of access licence
7. Available water determinations
8. Service of notices imposing conditions after licence or approval is granted
9. Applications generally
10. Applications for specific purpose access licences
11. Matters to be included in Water Access Licence Register
12. Nomination of water supply works and extraction points
13. Dealings on default
14. Circumstances in which Minister may refuse to accept surrender of access licence
15. Cancellation of specific purpose access licences
16. Register of available water determinations
17. Water allocation accounts
18. Requirements for consent by co-holders of access licences
19. Claims for compensation
20. Determining value of water illegally taken

Division 2 - Exemptions

21. Exemption from requirement for access licence
22. Security holder's consent not required for certain dealings
23. Exemption from certain requirement concerning registration of security interests in replacement access licences
23A. (Repealed)

PART 2A - REPLACEMENT FLOODPLAIN HARVESTING ACCESS LICENCES--THE ACT, S 57A

Division 1 - Preliminary

23A. Definitions
23B. Eligibility for replacement floodplain harvesting access licences

Division 2 - Determination of share component

23C. Licences based on existing regulated and unregulated river access licences
23D. Licences based on existing unregulated river access licences
23E. Licences related to existing aquifer access licences
23F. Requirement to give notice before determining share components

Division 3 - Models for determination of share components

23G. Models for determination of share components
23H. Current conditions model
23I. Eligible water supply works scenario model
23J. Plan limit compliance scenario model

Division 4 - Miscellaneous

23K. Issue of replacement floodplain harvesting access licences
23L. Circumstances in which replacement floodplain harvesting access licences are not issued

PART 3 - APPROVALS

Division 1 - General

24. Definition of "aquifer interference activity"
25. Applications generally
26. Advertising of applications for approvals
27. Procedure for making objection to granting of approval
28. Matters affecting consideration of applications
29. Circumstances in which approvals may be amended
30. Circumstances in which Minister may refuse to accept surrender of approval
31. Register of approvals
32. Security for fulfilment of obligations under approvals

Division 2 - Exemptions

Subdivision 1 - Preliminary

33. Definition

Subdivision 2 - Exemption from requirement for water use approval

34. Exemption where the taking of the water is also exempt
35. Water used for particular purposes
36. Aquifer interference in connection with mining

Subdivision 3 - Exemption from requirement for water supply work approval

37. Exemptions relating only to construction of water supply works
38. Exemptions relating only to use of water supply works
39. Exemptions relating to both construction and use of water supply works
39A. Exemption relating to certain public authorities granted by Minister during drought
39B. Exemption relating to use of tailwater drain--the Act, s 400(2)
39C. (Repealed)

Subdivision 4 - Exemption from requirement for controlled activity approval

40. Condition applying to all exemptions under this Subdivision
41. Controlled activities--public authorities
42. Controlled activities--persons other than public authorities
42A. Controlled activities--all persons
43. Network operators and pipeline licensees

Subdivision 5 - Exemption from operation of section 106
44. Exemption from operation of section 106

Subdivision 6 - Exemption from requirement for flood work approval

45. Definition
46. Exemption relating to compliance with State emergency direction
47. Exemption relating to work carried out by determining authorities or under development authorisations
48. Exemptions relating to ring embankments around dwelling houses or certain farm infrastructure
49. Exemptions relating to certain public authorities
50. Exemption relating to certain earthworks

PART 4 - IRRIGATION CORPORATIONS

Division 1 - Inclusion of land within irrigation corporation's area of operations

51. Applications to include land within area of operations
52. Objections to inclusion of land within area of operations

Division 2 - Exclusion of land from irrigation corporation's area of operations

53. Applications to exclude land from area of operations
54. Objections to exclusion of land from area of operations

PART 5 - PRIVATE WATER CORPORATIONS AND PRIVATE WATER TRUSTS

Division 1 - General

55. Fees
56. Directors
57. Rules may require security
58. Rules about dealings
59. Notification of rules
60. Works plans
61. Water entitlements
62. Notification of sale of land
63. Rates and charges
64. Qualifications for appointment as auditor
65. Liquidators

Division 2 - Private water corporations--additional provisions

66. Charges for water illegally taken and damage to works
67. Appointment of authorised officers
Divisions 6-12 - (Repealed)
None
PARTS 6, 7 - (Repealed)
None

PART 8 - PUBLIC WORKS

113. Hunter Valley flood mitigation works--statement of particulars
114. Hunter Valley flood mitigation works--statement of cost of maintenance and compensation

PART 9 - WATER SUPPLY AUTHORITIES

Division 1 - Preliminary

115. Definitions

Division 2 - Areas of operations and functions

116. Essential Energy
117. Central Coast Council
118. Cobar Water Board
119. Water NSW--Fish River water supply scheme
120. Sydney Olympic Park Authority
121. Ministerial approval not required for certain works
121A. Annual performance report
121B. Planning and management documents

Division 3 - Water supply

Subdivision 1 - Preliminary

122. Application

Subdivision 2 - Water services

123. Installation and maintenance of water service by owner
124. Water service not to be shared
125. Fire-fighting services
126. Misuse and waste of water
127. Water to be taken through approved stoptaps
128. Information regarding supply
129. Consents may be conditional, and may be varied and revoked

Subdivision 3 - Meters

130. Measurement of water supply
131. Property in meters
132. Access to meters
133. Care of meters
134. Discontinuance of use of meters
135. Testing of meters
136. Installation of meters

Subdivision 4 - Fire hydrants

137. Installation of fire hydrants
138. Maintenance of fire hydrants
139. Supply of water to fire hydrants
140. Use of fire hydrants by authorised persons

Subdivision 5 - Water restrictions

141. Restrictions on use of water during periods of shortage

Division 4 - Sewerage

Subdivision 1 - Preliminary

142. Application

Subdivision 2 - Sewerage systems

143. Installation and maintenance of sewerage service by owner
144. Sewerage service not to be shared
145. Consents may be conditional, and may be varied and revoked

Subdivision 3 - Discharges into sewerage systems

146. Definitions
147. Discharge policies
148. Discharges require discharge approval
149. Application for discharge approval
150. Conditions of discharge approvals
151. Duration of discharge approvals
152. Renewal of discharge approvals
153. Suspension or cancellation of discharge approval

Division 5 - Plumbing fittings, plumbing work and plumbing permits

Subdivision 1 - Preliminary

154. Application of Division
155. Definitions

Subdivision 2 - Plumbing work

156. Permit required for plumbing work
157. Plumbing work to comply with specified standards
158. Plumbing work to use authorised plumbing fittings
159. Certificate of compliance following completion of plumbing work
160. Rectification of defective plumbing work
161. Exemption from certain requirements

Subdivision 3 - Plumbing permits

162. Application for plumbing permit
163. Refusal of plumbing permits
164. Conditions of plumbing permits
165. Duration of plumbing permits
166. Suspension or cancellation of plumbing permits

Subdivision 4 - Authorisation of plumbing fittings

167. Authorisation of plumbing fittings

Division 6 - Special areas of operation of Essential Energy

Subdivision 1 - Preliminary

168. Definitions

Subdivision 2 - Special areas generally

169. Livestock farming
170. Sewage disposal
171. Notification of waterborne infectious diseases
172. Slaughtering
173. Stock control

Subdivision 3 - Rural portions of special areas

174. Application of Subdivision
175. Destruction or removal of timber
176. Waste and pollutants
177. Erection and alteration of buildings and structures
178. Pesticides and pest control

Subdivision 4 - Restricted portions of special areas

179. Application of Subdivision
180. Entry
181. Fishing
182. Fees and charges
183. Prohibited conduct
184. Gates not to be opened
185. Camping and picnicking
186. Fires

Subdivision 5 - Miscellaneous

187. Consents may be conditional, and may be varied and revoked
188. Investigation of suspected contraventions
189. Notice by public agencies

Division 7 - Finance generally

Subdivision 1 - Preliminary

190. Application
191. Definitions

Subdivision 2 - Service charges and other charges

192. Fees and charges other than service charges
193. Classification of land
194. Basis of levying service charges
195. Method of levying service charge on dwelling under company title
196. Determination of service charges
197-199. (Repealed)
200. Payment of service charges and other charges
201. Payment by instalments
202. General power to defer or waive payment of service charges or other charges or fees
203. Adjustment of service charge
204. Objection to levying of service charge
205. Objection to adjustment of service charge
206. Objection to refusal to adjust service charge
207. Objections generally

Subdivision 3 - Drainage areas

208. Notice of drainage area

Subdivision 4 - Miscellaneous

209. Cutting off or restricting supply
210. Service of notices
211. Recording of service charge

Division 8 - Concessions for eligible pensioners and others

Subdivision 1 - Preliminary

212. Application
213. Definitions

Subdivision 2 - Reductions for pensioners

214. When entitlement arises
215. Reduction of total charges
216. Reduction of instalments for charges
217. Application by person who becomes eligible pensioner after charge is levied

Subdivision 3 - Other reductions

218. Extension of reduction to avoid hardship

Subdivision 4 - General provisions concerning reductions

219. Making of application
220. Refund of certain overpayments
221. Exemption from liability
222. Recovery of amount of reduction

Subdivision 5 - Water supply authorities that are also local councils

223. Central Coast Council

Division 9 - Miscellaneous

224. Supply of plans
225. Information to accompany applications under section 305
226. Development that may be subject to section 306 requirements
227. Members of Cobar Water Board

PART 10 - METERING EQUIPMENT

Division 1 - Preliminary

228. Interpretation

Division 2 - Metering equipment conditions

229. Mandatory metering equipment conditions
230. Temporary exemptions from mandatory metering equipment condition
231. Permanent exemptions from mandatory metering equipment condition
232. Inactive water supply works
233. Exemptions by Minister
234. Existing metering conditions

Division 3 - Metering equipment standards

235. Mandatory requirements for metering equipment
236. Duly qualified persons
237. Obligations of duly qualified persons
238. Metering records

Division 3A - Metering equipment conditions for particular water supply work approvals

Subdivision 1 - General

238AA. Definition
238A. Application of Division
238B. Mandatory floodplains condition
238C. Exemptions by Minister
238D. Reporting faulty metering equipment

Subdivision 2 - Measurement period

238E. Measurement period--general
238F. Measurement period--approved works
238G. Measurement period--records

Subdivision 3 - Repairs and reporting requirements

238H. Repairs to faulty metering equipment
238I. Application of Schedule 8 to floodplain access licences

Division 3B - Metering equipment standards for particular water supply work approvals

238J. Mandatory requirements for point-of-intake metering equipment
238K. Mandatory requirements for storage metering equipment
238L. Storage curve documents

Division 3C - Obligations of duly qualified persons

238M. Obligations of duly qualified persons--inspections
238N. Obligations of duly qualified persons--validation
238O. Obligations of duly qualified persons--checking
238P. Obligations of duly qualified persons--general
238Q. Faulty metering equipment
238R. Mandatory requirements for secondary metering devices
238S. Metering records

Division 3D - Transitional provisions

238T. Transitional provision--metering equipment installed before 14 February 2020
238U. Transitional provision--metering equipment installed after 14 February 2020
238V. Transitional provision--mandatory floodplains condition

Division 4 - Defences for metering offences

239. Commencement of Division
240. Definitions
241. Reporting faulty metering equipment
242. Records to be kept when metering equipment faulty
243. Repairs to faulty metering equipment

Division 5 - Miscellaneous

244. Mandatory condition relating to other reporting
244A. Mandatory condition relating to reporting where no telemetry otherwise required
245. Mandatory conditions imposed on entitlements under former 1912 Act
246. Review of metering equipment regulations
247. Service of documents

PART 11 - MISCELLANEOUS

248. Notification of damage arising in the course of plumbing work
248A. Notification of construction or use of water supply work smaller than authorised--the Act, s 400(1)(e)
249. Management plans may contain savings and transitional provisions
250. Mandatory condition requiring record of water taken where metering equipment not otherwise required to comply
251. Management plans--water sharing provisions
252. Land declared to be a floodplain
253. Exemptions relating to taking over works--Anabranch Water
254. Fees and charges
255. Liability for rates and charges levied after transfer of estate or interest
256. Electronic lodgment of certain applications, claims and objections
257. (Repealed)
258. Metering equipment installed by Ministerial Corporation
258A. Compliance audits--the Act, ss 326A and 400(1)(e)
259. Repeal and savings
260. (Repealed)
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
Schedule 5 (Repealed)
SCHEDULE 6
SCHEDULE 7
SCHEDULE 8
SCHEDULE 9
SCHEDULE 10

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