Section 3 — Water Management (General) Regulation 2025 (New South Wales) — Barrister AI

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Section 3 — Water Management (General) Regulation 2025 (New South Wales) — Barrister AI

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reg 1Name of regulation reg 2Commencement reg 3Definitions reg 4Definition of “minor stream” and “Strahler system”reg 5Definition of “river”reg 6Definition of “floodplain”reg 7Management plans—additional matters reg 8Water sharing planning provisions—withdrawal of water allocations from accounts reg 9Water sharing planning provisions—additional matters reg 10Water sharing planning provisions—carryovers exempt from plan suspensions reg 11Environmental water releases—landholder negotiation scheme reg 12Categories of access licence reg 13Subcategories of access licences reg 14Definition of “specific purpose access licences”reg 15Priorities between different categories of access licence reg 16Available water determinations reg 17Register of available water determinations reg 18Matters to be included in Access Register reg 19Matters to be included in Access Register—definition of “Ministerial action”reg 20Water allocation accounts reg 21Claims for compensation reg 22Replacement access licences—exemption from notifying registration of security interests reg 23Applications generally reg 24Applications for specific purpose access licences reg 25Service of notices relating to conditions after licence is granted reg 26Definition of “general dealing”reg 27Nomination of water supply works and extraction points reg 28Dealings on default reg 29Consent of security holder not required for certain dealings reg 30Appointment of co-holder of access licence to consent to dealings reg 30APurpose of subdivision reg 30BDefinition of “prescribed access licence”reg 30CApplications for used water allocations to be recredited reg 31Circumstances in which Minister may refuse to accept surrender of access licence reg 32Cancellation of specific purpose access licences reg 33Definitions reg 34Eligibility for replacement floodplain harvesting access licences reg 35Licences based on existing regulated and unregulated river access licences reg 36Licences based on existing unregulated river access licences reg 37Licences related to existing aquifer access licences reg 38Requirement to give notice before determining share components reg 39Types of models reg 40Current conditions model reg 41Eligible water supply works scenario model reg 42Plan limit compliance scenario model reg 43Issue of replacement floodplain harvesting access licences reg 44Circumstances in which replacement floodplain harvesting access licences are not issued reg 45Exemption from requirement to hold water access licences reg 46Definition of “aquifer interference activity”reg 47Register of approvals reg 48Applications generally reg 49Advertising certain applications for approvals reg 50Advertising not required for certain water supply works reg 51Advertising not required for works for floodplain harvesting reg 52Procedure for making objection to granting of approval reg 53Matters affecting consideration of applications reg 54Service of notices relating to conditions after approval is granted reg 55Amendment of approvals to create more approvals reg 56Amendment of approval for corrections reg 57Circumstances in which Minister may refuse to accept surrender of approval reg 58Notification of construction or use of water supply work smaller than authorised reg 59Security for fulfilment of obligations under approvals reg 60Exemption relating to land benefited by approval—the Act, s 106(4)reg 61Exemption from requirement to hold water use approvals reg 62Exemption from requirement to hold water supply work approvals reg 63Exemption from requirement to hold flood work approvals reg 64Exemption from requirement to hold controlled activity approvals reg 65Minister may exempt public authorities during drought reg 66Definitions reg 67Definition of “mandatory metering equipment condition”reg 68Mandatory metering equipment condition on certain access licences reg 69Mandatory metering equipment condition on 1912 Act entitlements reg 70Metering equipment standards reg 71Inconsistent metering conditions reg 72Definitions reg 73Conversion of unit shares reg 74Permanent exemptions from mandatory metering equipment condition reg 75Temporary exemptions from mandatory metering equipment condition reg 76Ministerial exemptions from mandatory metering equipment conditions reg 77Mandatory conditions for Ministerial exemptions reg 78Permanent exemptions from metering equipment standards reg 79Definitions reg 80Application of division reg 81Mandatory floodplain harvesting condition reg 82Standards for mandatory floodplain harvesting condition reg 83Definition of “measurement period”reg 84Take of water prohibited outside measurement period reg 85Take of unlicensed water during measurement period reg 86Mandatory metering equipment condition applies to works removing water during measurement period reg 87Controlling works reg 88Ministerial exemptions from mandatory floodplain harvesting condition reg 89Mandatory conditions for Ministerial exemptions reg 90Reporting faulty metering equipment reg 91Records when metering equipment faulty other than for floodplain harvesting reg 92Records and use of secondary metering device when metering equipment faulty for floodplain harvesting reg 93Repair or replacement of faulty metering equipment reg 94Definition reg 95Definition of “duly qualified person”reg 96Obligations apply to supervisors reg 97Notification of tampered metering equipment reg 98Certification of open channel metering equipment design reg 99Certification of validation of metering equipment reg 100Certification of metering equipment accuracy under transitional arrangements reg 101Floodplain harvesting—certification of inspections of water supply works reg 102Floodplain harvesting—certification of validation reg 103Floodplain harvesting—certification of accuracy reg 104Floodplain harvesting—certificate of survey benchmarks reg 105Definitions reg 106Records when using metered works with telemetry reg 107Records when using metered works with no telemetry reg 108No take notice reg 109Records when using unmetered works reg 110Metering records and reports relating to non-urban metering—the Act, s 91J reg 111Metering records relating to floodplain harvesting—the Act, s 91J reg 112Records and reports relating to measurement period reg 113Meter reading records and reports for secondary metering devices reg 114Copies of certificates from duly qualified persons to Minister reg 115Metering equipment installed by Ministerial Corporation reg 116Mandatory conditions imposed on entitlements under 1912 Act reg 117Definition reg 118Applications for inclusion of land in area of operations reg 119Objections to inclusion of land in area of operations reg 120Applications to exclude land from area of operations reg 121Objections to exclusion of land from area of operations reg 121AOperating licence condition reg 122Definition reg 123Fees reg 124Directors reg 125Rules may require security reg 126Rules about dealings reg 127Notification of rules reg 128Works plans reg 129Water entitlements reg 130Notification of sale of land reg 131Rates and charges reg 132Qualifications for appointment as auditor reg 133Liquidators reg 134Charges for water illegally taken and damage to works reg 135Appointment of authorised officers reg 136Hunter Valley flood mitigation works—statement of particulars reg 137Hunter Valley flood mitigation works—statement of cost of maintenance and compensation reg 138Compliance audits reg 139Determining value of water illegally taken reg 140Penalty notices reg 140ACompliance cost notices—the Act, s 336A reg 141Waiver or reduction of fees and charges reg 142Liability for rates and charges levied after transfer of estate or interest reg 143Electronic lodgement of certain applications, claims and objections reg 144Savings reg 1 reg 2 reg 3 reg 4 reg 1 reg 1A reg 2 reg 3 reg 4 reg 5 reg 6 reg 6A reg 7 reg 8 reg 11 reg 12 reg 13 reg 14 reg 20Barwon-Darling Valley Floodplain reg 20ABillabong Creek Floodplain reg 21Border Rivers Valley Floodplain reg 22Gwydir Valley Floodplain reg 23Lower Namoi Valley Floodplain reg 24Macquarie Valley Floodplain reg 25Murrumbidgee Valley Floodplain reg 25ANSW Murray Valley Floodplain reg 26Upper Namoi Valley Floodplain reg 1Definitions reg 2Public authorities—dust suppression reg 3Public authorities—environmental work construction on waterfront land reg 4Public authorities—essential infrastructure reg 5Ministerial Corporation for taking water for basic human water needs—the Act, s 88AA(2)reg 5APublic authorities—taking water from unregulated river water sources for environmental purposes reg 5BWater NSW taking water from regulated river water sources when making certain deliveries reg 6Coastal construction of infrastructure reg 7Private water industry infrastructure reg 8Landholder taking water from or using excluded work reg 9Landholder taking rainfall run-off from tailwater drain reg 10Landholder taking water for domestic electricity generation reg 11Landholder taking water for firefighting and related activities reg 12Drought relief reg 13Emergency directions reg 14Groundwater or overland flow water for emergency works reg 15Hydrostatic testing reg 16Hydro-electric power stations reg 17Interchange of water in pumped hydro-electricity generation schemes reg 18Sugar cane plantings reg 19Aquifer interference activities reg 20Approvals relating to 1912 Act entitlements reg 21Exemption where taking of water also exempt reg 22Exemption for use of water for particular purposes reg 23Aquifer interference in connection with mining reg 24Certain water supply works not located on Aboriginal places or environmentally sensitive areas reg 25Prospecting or fossicking reg 26Conveying or impounding water by certain water supply works reg 27Conveying water to land by water reticulation work reg 28Hydro-electric power stations reg 29Landholder for firefighting or related activities reg 30Landholder for use of tailwater drains reg 31Water tankers by public authorities reg 32Ministerial Corporation reg 33Landholder for excluded works reg 34Aquifer interference activities reg 35Emergency directions reg 36Emergency works reg 37Monitoring bores reg 38Soil erosion reg 38APermeable structures to enhance geomorphic processes reg 39Definitions reg 40Rail authorities for railways reg 41Roads authorities for public roads reg 42Determining authorities for works permitted under EPA Act reg 43Landholder for works approved under EPA Act reg 44Landholder for ring embankments around dwelling houses and other reg 45Earthworks above ground reg 46Emergency directions reg 47Activities under mining or crown land legislation reg 48Activities on Transport for NSW or port authority land reg 49State or Commonwealth bodies reg 50Activities under water supply works approvals reg 51Activities in connection with domestic and stock rights reg 52Activities in accordance with a harvestable rights order reg 53Activities connected with 1912 Act works reg 54Removal of vegetation reg 55Exempt development, complying development and controlled activities with development consent on certain waterfront land reg 56Activities relating to certain dwellings reg 57Development at Rouse Hill Regional Centre reg 58Development at Oran Park or Turner Road reg 59Activities connected with construction of fencing, crossings or tracks reg 60Emergency directions reg 61Emergency works reg 62Controlled activities on certain waterfront land reg 63Activities on waterfront land if river is concrete lined or in pipe reg 64Pontoons, jetties and moorings reg 65Maintenance of existing lawful works reg 66Repair and restoration work after storms reg 67Compliance with enforcement action reg 68Dam for control or prevention of soil erosion reg 69Dam for flood detention and mitigation reg 70Dam for drainage or effluent reg 71Dam for environmental management within a catchment of a minor stream reg 72Work impounding water reg 73Dams or excavations on rivers or lakes reg 74Works in Western Division reg 1Definitions reg 2Standards for installation, re-installation and maintenance reg 3Pattern approval reg 4Data loggers reg 5Seals and security reg 6Telemetry reg 7Validation of metering equipment reg 8Transitional arrangements for earlier validation of existing metering equipment reg 9Transitional arrangements for existing metering equipment that is not pattern approved reg 10Approved data logging and telemetry specifications reg 1Definition reg 2Mandatory requirements for point-of-intake metering equipment reg 3Mandatory requirements for storage metering equipment reg 4Storage curve and storage curve standards reg 1Definition reg 2Basic landholder rights reg 3Take exempt from access licence reg 4Floodplain harvesting reg 5Works not nominated by access licence reg 6Single small pump reg 7Single small bore reg 8Certain works if total share component is 15ML or less reg 9Multiple surface water pumps reg 10Multiple groundwater bores reg 11Water supply works if total share component is more than 15ML but less than 100ML reg 12Certain licence or entitlements under 1912 Act until 1 December 2026 reg 13Certain water sources until 1 December 2026 reg 1Definitions reg 1Definitions reg 2Object of schedule reg 3Application of schedule to declared proposed environmental water releases reg 4Ministerial Corporation to invite persons to negotiate reg 5Time limit for persons to accept invitation to negotiate reg 6Period of negotiations reg 7Conduct of negotiations reg 8Negotiation Guidelines reg 9Notification of declared releases by Water NSW reg 10Review of landholder negotiation scheme reg 1Definitions reg 2Metering equipment installed before 14 February 2020 reg 3Metering equipment installed after 14 February 2020 and before 1 July 2022 reg 4Application of mandatory floodplain harvesting condition within 12 months after issue of floodplain licence reg 4Penalty notices reg 5Prescribed methodology—value of water reg 1Application of amendments to pending determinations of licences reg 9, 10(Repealed)reg 15-19(Repealed)

Schedule 13 — Dictionary

Section Whole Act

Back157 / 301Forward

3

Current

3

The land shown edged in heavy black on the map item 22 is declared to be the Gwydir Valley Floodplain.

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