Water Management (Water Supply Authorities) Regulation 2025

This regulation is the Water Management (Water Supply Authorities) Regulation 2025.

This regulation commences on 1 September 2025.

Note—

This regulation replaces the Water Management (General) Regulation 2018 (the 2018 Regulation) in relation to water supply authorities. See the Water Management (General) Regulation 2025 for the replacement of all other provisions of the 2018 Regulation. The 2018 Regulation is repealed on 1 September 2025 by the Subordinate Legislation Act 1989, section 10(2).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.

Essential Energy’s area of operations is the area of land shown by distinctive marking on the map titled “Area of Operations of Broken Hill Water Board” held by the Department.

The area of operations includes the following land—

land in the local government area of the Broken Hill City Council,

the Stephens Creek, Umberumberka Creek and Yancowinna Creek Special Areas,

land in Menindee and Sunset Strip,

the land over which the Menindee to Stephens Creek pipeline is located,

the land on which the Broken Hill Pumping Station is located,

the land from the Broken Hill Pumping Station to Broken Hill on which the Broken Hill pipeline is located.

Cobar Water Board’s area of operations is the area of land shown by distinctive marking on the map marked “Area of Operations of Cobar Water Board” held by the Department.

The area of operations includes the following—

the land on which the Cobar Storage Dam is located, as shown on DP 755660,

the locality of Canbelego,

the land over which the Nyngan to Cobar pipeline is located.

The Sydney Olympic Park Authority’s area of operations is the Sydney Olympic Park Development Area within the meaning of the Sydney Olympic Park Authority Act 2001.

Water NSW’s area of operations, in relation to the Fish River water supply scheme, is the area of land shown by distinctive marking on the map titled “Fish River Area of Operations” held by the Department.

The area of operations includes the following land—

land owned, occupied or used by Water NSW in relation to the Fish River water supply scheme in the following local government areas—

Blue Mountains City Council,

Lithgow City Council,

Oberon Council,

land on which the following works, and water management works incidental to or connected to the works, are located—

the concrete dam on Fish River at Oberon,

Duckmaloi weir,

Rydal storage,

land on which access roads and easements in relation to the works and water management works are located.

In this section—

Fish River water supply scheme has the same meaning as in the Water NSW Act 2014.

For the Act, section 289(2), the Cobar Water Board must not exercise any function within its area of operations other than the function of providing water supply services.

The Sydney Olympic Park Authority must not exercise any function within its area of operations other than functions relating to the Water Reclamation and Management Scheme at Sydney Olympic Park, including—

the collection and treatment of waste water, and

the distribution of treated waste water.

The Sydney Olympic Park Authority may exercise functions in relation to the distribution of treated waste water in the same way as a water supply authority may exercise functions in relation to the distribution of water.

Water NSW must not exercise any function within its area of operations other than the function of providing water supply services.

For the Act, section 292(4), the Minister must not grant an approval for works to which an approval is required under the Act, section 292(1)(a), unless—

the water supply authority has given the Minister—

information the Minister has requested, and

the relevant documentation, and

the Minister is satisfied that—

the inspections of the proposed works, and of the site of the proposed works, that the Minister has required to be carried out for the purpose of obtaining the approval have been carried out, and

the water supply authority is competent to construct, maintain and operate the proposed works.

The Minister may revoke an approval if satisfied the water supply authority has failed to do the following with respect to the construction, maintenance or operation of the works to which the approval relates—

to comply with a requirement to give information or documentation,

to comply with a direction given by the Minister,

to accept supervision that the Minister has required.

In this section—

relevant documentation means the following—

the plans and specifications of the proposed works,

all documents and data relating to the proposed works held by the water supply authority,

other documents that are necessary to satisfy the Minister of matters referred to in subsection (1)(b).

For the Act, section 400(2), a water supply authority is exempt from the requirement for the Minister’s approval under the Act, section 292(1)(a) in relation to the construction, maintenance and operation of water management works and other associated works, except for the following works—

dams for the impounding or diversion of water for public use, and associated works,

declared dams under the Dams Safety Act 2015,

water treatment works,

sewage works.

For the Act, section 322(a), a water supply authority must undertake strategic planning for the exercise of the water supply authority’s functions that, in the opinion of the Secretary or person nominated by the Secretary, is effective and evidence-based.

For this regulation, the consent of a water supply authority must be given by written notice.

The consent may be—

given unconditionally or subject to conditions, and

varied or revoked.