Hunter Water Regulation 2024

This regulation is the Hunter Water Regulation 2024.

This regulation commences on 1 September 2024.

Note—

This regulation replaces the Hunter Water Regulation 2015, which is repealed on 1 September 2024 by the Subordinate Legislation Act 1989, section 10(2).

The dictionary in Schedule 2 defines words used in this regulation.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.

This part applies to the following special areas—

Chichester Catchment Area,

Grahamstown Catchment Area,

Nelson Bay Catchment Area,

North Stockton Catchment Area,

Tomago Sandbeds Catchment Area,

Williams River Catchment Area.

Note—

The Chichester, Grahamstown, Nelson Bay, Tomago Sandbeds and Williams River Catchment Areas are declared to be special areas under the Act, section 53(3). The North Stockton Catchment Area is declared to be a special area under the Act, section 53(1).

A person must not engage in the following in a special area—

aquaculture,

intensive livestock agriculture,

intensive plant agriculture.

Maximum penalty—

for an individual—70 penalty units, or

otherwise—100 penalty units.

This section does not apply to anything that is done in accordance with—

an approval given by the Secretary, or

a development consent or an approval under the Environmental Planning and Assessment Act 1979, Part 4 or Part 5, Division 5.2, respectively, or

an environment protection licence.

In this section—

aquaculture, intensive livestock agriculture and intensive plant agriculture have the same meanings as in the standard instrument prescribed under the Environmental Planning and Assessment Act 1979, section 3.20.

An owner or occupier of land in a special area must not erect, install or operate an on-site sewage management facility on the land.

Maximum penalty—

for an individual—70 penalty units, or

otherwise—100 penalty units.

This section does not apply to anything done in accordance with—

a development consent or approval under the Environmental Planning and Assessment Act 1979, Part 4 or Part 5, Division 5.2, respectively, or

an approval granted under the Local Government Act 1993, or

an environment protection licence.

A person must not, within 100m of a stream, reservoir or watercourse in a special area—

leave an animal carcass, or cause or permit an animal carcass to be left, or

bury, or otherwise dispose of, an animal carcass, or cause or permit an animal carcass to be buried or otherwise disposed of.

Maximum penalty—

for an individual—100 penalty units, or

otherwise—200 penalty units.

A person must not pollute waters in a special area except in accordance with an environment protection licence.

Maximum penalty—

for an individual—100 penalty units, or

otherwise—200 penalty units.

The Secretary may give a direction for—

the management or disposal of a substance in a special area the Secretary considers may pollute waters in the area, or

the removal of a substance referred to in paragraph (a) from a special area or the relocation of the substance to another place in the area.

A person must comply with a direction given to the person under subsection (2).

Maximum penalty—

for an individual—50 penalty units, or

otherwise—100 penalty units.

In this section—

waters has the same meaning as in the Protection of the Environment Operations Act 1997.

A person must not bring waste into, or leave waste on, Corporation land in a special area.

Maximum penalty—

for an individual—100 penalty units, or

otherwise—200 penalty units.

In this section—

waste has the same meaning as in the Protection of the Environment Operations Act 1997.

A person must not open, pass, remove, interfere with, damage or obstruct a gate on or to, or a barrier on or to, Corporation land in a special area, except in accordance with an approval given by the Corporation.

Maximum penalty—

for an individual—100 penalty units, or

otherwise—200 penalty units.

A member of staff of the Corporation does not commit an offence under this section in the exercise of the member of staff’s functions.

In this section—

barrier includes an obstruction that is positioned or created by or on behalf of the Corporation to restrict or obstruct access to a road, track, trail, path or similar thing.

The owner or person in charge of stock must ensure the stock do not enter Corporation land in a special area, except in accordance with an approval given by the Corporation.

Maximum penalty—

for an individual—100 penalty units, or

otherwise—200 penalty units.

In this section—

stock has the same meaning as in the Local Land Services Act 2013.

This section applies to the following—

Balickera Canal,

Chichester Storage Reservoir,

Grahamstown Storage Reservoir.

A person must not, except in accordance with an approval given by the Secretary—

enter, bathe, wash or swim, or allow another person to enter, bathe, wash or swim, in an area to which this section applies, or

fish or use a boat or other vessel, or allow another person to fish or use a boat or other vessel, in an area to which this section applies, or

cause an animal or plant, or animal or plant matter, to enter or remain in an area to which this section applies.

Maximum penalty—

for an individual—100 penalty units, or

otherwise—200 penalty units.

A person must not enter or be on Corporation land to which this section applies except in accordance with an approval given by the Corporation.

Maximum penalty—

for an individual—50 penalty units, or

otherwise—100 penalty units.