Water (Part 5—Bore Licences) Regulation 1995

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

This Regulation commences on 1 September 1995.

In this Regulation—

the Act means the Water Act 1912.

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

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

the boundaries of the land occupied by the applicant, and

the site of the bore to be licensed, and

the boundaries of any land to be irrigated, and

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

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

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

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

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

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

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

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.

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.

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

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.

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—

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

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

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—

by delivering it to the licensee, or

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

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

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

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.

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.

The Water (Part 5) General Regulations are repealed.

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.