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Water Management (General) Regulation 2011

[2011-469]


NSW Crest

Status Information

Currency of version
Current version for 15 March 2013 to date (accessed 19 May 2013 at 09:16).
Legislation on this site is usually updated within 3 working days after a change to the legislation.

Provisions in force
The provisions displayed in this version of the legislation have all commenced. See Historical notes

Staged repeal status
This legislation is currently due to be automatically repealed under the Subordinate Legislation Act 1989 on 1 September 2016

Authorisation
This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that is correct under section 45C of the Interpretation Act 1987.

File last modified 15 March 2013.

Contents

Part 1 Preliminary

1 Name of Regulation
2 Commencement
3 Definitions

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 Publication of orders authorising the taking of water pursuant to supplementary water access licence
9 Applications generally
10 Applications for specific purpose access licences
11 Matters to be included in Water Access Licence Register
12 Dealings on default
13 Cancellation of specific purpose access licences
14 Register of available water determinations
15 Water allocation accounts
15A Requirements for consent by co-holders of access licences
16 Claims for compensation
17 Access licences arising from former entitlements

Division 2 Exemptions

18 Exemption from requirement for access licence
19 (Repealed)
20 Security holder’s consent not required for certain dealings
21 Exemption from certain requirement concerning registration of security interests in replacement access licences

Part 3 Approvals

Division 1 General

22 Definition of “aquifer interference activity”
23 Applications generally
24 Advertising of applications for approvals
25 Procedure for making objection to granting of approval
26 Matters affecting consideration of applications
27 Register of approvals
28 Security for fulfilment of obligations under approvals
29 Approvals arising from former entitlements, and certain deemed approvals

Division 2 Exemptions

Subdivision 1 Preliminary

30 Definition

Subdivision 2 Exemption from requirement for water use approval

31 Exemption where the taking of the water is also exempt
32 Water used for particular purposes
33 Aquifer interference in connection with mining

Subdivision 3 Exemption from requirement for water supply work approval

34 Exemptions relating only to construction of water supply works
35 Exemptions relating only to use of water supply works
36 Exemptions relating to both construction and use of water supply works

Subdivision 4 Exemption from requirement for controlled activity approval

37 Condition applying to all exemptions under this Subdivision
38 Controlled activities—public authorities
39 Controlled activities—persons other than public authorities
40 Network operators

Subdivision 5 Exemption from operation of section 106

41 Exemption from operation of section 106

Part 4 Irrigation corporations

Division 1 Inclusion of land within irrigation corporation’s area of operations

42 Applications to include land within area of operations
43 Objections to inclusion of land within area of operations

Division 2 Exclusion of land from irrigation corporation’s area of operations

44 Applications to exclude land from area of operations
45 Objections to exclusion of land from area of operations

Part 5 Elections

Division 1 Definitions

46 Definitions

Division 2 Division of private irrigation districts into zones

47 Division of private irrigation districts into zones

Division 3 Eligibility to be elected

48 Eligibility for election as a member of a private irrigation board
49 Eligibility for election as director of a private drainage board
50 Eligibility for election as member of a private water trust

Division 4 Entitlement to vote

51 Persons entitled to vote in election of members of a private irrigation board
52 Persons entitled to vote in election of directors of a private drainage board
53 Persons entitled to vote in election of members of a private water trust
54 No other persons entitled to vote
55 Enrolment of representatives

Division 5 Returning officer

56 Returning officer for election of members of a private water trust or directors of a private drainage board
57 Returning officer for election of members of a private irrigation board

Division 6 Rolls

Subdivision 1 Preparation and exhibition of preliminary roll

58 Preparation of preliminary roll
59 Exhibition of preliminary roll

Subdivision 2 Preparation of final roll

60 Applications for enrolment by persons not already enrolled
61 Objections to enrolment
62 Postponement of ballot not to affect final roll

Division 7 Calling of the election

63 Final roll must be prepared before election called
64 Notice of election
65 Postponement of nomination day

Division 8 Nominations

66 Eligibility for nomination
67 Nomination of candidates
68 Uncontested elections
69 Contested elections

Division 9 Calling of the ballot

70 Notice of ballot
71 Postponement of ballot

Division 10 The ballot

72 Printing of ballot-papers
73 Distribution of ballot-papers
74 Duplicate ballot-papers
75 Recording of votes

Division 11 The scrutiny

76 Receipt of ballot-papers
77 Ascertaining result of ballot
78 Poll clerks
79 Scrutineers
80 Scrutiny of votes
81 Counting of votes
82 Notice of result of election

Division 12 General

83 Election of directors of private drainage boards or members of private water trusts
84 Decisions of returning officer final
85 Disposal of election papers
86 Offences

Part 6 Private drainage boards

Division 1 Constitution and procedure

87 Quorum

Division 2 Finance

88 Rate book
89 Rates
90 Keeping of books and accounts
91 Banking

Part 7 Private water trusts

Division 1 Constitution and procedure

92 Meetings of members of a private water trust
93 Special general meetings
94 Quorum
95 Chairperson
96 Voting
97 Minutes
98 Special general meetings of voters

Division 2 Finance

99 Rate book
100 Correction of rate book
101 Payment of rates
102 Appeals

Division 3 Miscellaneous

103 Members of a private water trust’s accounts

Part 8 Public works

104 Hunter Valley flood mitigation works—statement of particulars
105 Hunter Valley flood mitigation works—statement of cost of maintenance and compensation
106 (Repealed)

Part 9 Water supply authorities

Division 1 Preliminary

107 Definitions

Division 2 Areas of operations and functions

108 Essential Energy
109 Gosford City Council
110 Wyong Shire Council
111 Cobar Water Board
112 State Water Corporation—Fish River water supply scheme
113 (Repealed)
114 Sydney Olympic Park Authority
115 Strategic business plans
116 Ministerial approval not required for certain works

Division 3 Water supply

Subdivision 1 Preliminary

117 Application

Subdivision 2 Water services

118 Installation and maintenance of water service by owner
119 Water service not to be shared
120 Fire-fighting services
121 Misuse and waste of water
122 Water to be taken through approved stoptaps
123 Information regarding supply
124 Consents may be conditional, and may be varied and revoked

Subdivision 3 Meters

125 Measurement of water supply
126 Property in meters
127 Access to meters
128 Care of meters
129 Discontinuance of use of meters
130 Testing of meters
131 Installation of meters

Subdivision 4 Fire hydrants

132 Installation of fire hydrants
133 Maintenance of fire hydrants
134 Supply of water to fire hydrants
135 Use of fire hydrants by authorised persons

Subdivision 5 Water restrictions

136 Restrictions on use of water during periods of shortage

Division 4 Sewerage

Subdivision 1 Preliminary

137 Application

Subdivision 2 Sewerage systems

138 Installation and maintenance of sewerage service by owner
139 Sewerage service not to be shared
140 Consents may be conditional, and may be varied and revoked

Subdivision 3 Discharges into sewerage systems

141 Definitions
142 Discharge policies
143 Discharges require discharge approval
144 Application for discharge approval
145 Conditions of discharge approvals
146 Duration of discharge approvals
147 Renewal of discharge approvals
148 Suspension or cancellation of discharge approval

Division 5 Plumbing fittings, plumbing work and plumbing permits

Subdivision 1 Preliminary

149 Application of Division after commencement of Plumbing and Drainage Act 2011
150 Definitions

Subdivision 2 Plumbing work

151 Permit required for plumbing work
152 Plumbing work to comply with specified standards
153 Plumbing work to use authorised plumbing fittings
154 Certificate of compliance following completion of plumbing work
155 (Repealed)
156 Rectification of defective plumbing work
157 Exemption from certain requirements
158 (Repealed)

Subdivision 3 Plumbing permits

159 Application for plumbing permit
160 Refusal of plumbing permits
161 Conditions of plumbing permits
162 Duration of plumbing permits
163 Suspension or cancellation of plumbing permits

Subdivision 4 Authorisation of plumbing fittings

164 Authorisation of plumbing fittings

Division 6 Special areas

Subdivision 1 Preliminary

165 Application
166 Definitions

Subdivision 2 Special areas generally

167 Livestock farming
168 Sewage disposal
169 Notification of waterborne infectious diseases
170 Slaughtering
171 Stock control

Subdivision 3 Rural portions of special areas

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

Subdivision 4 Restricted portions of special areas

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

Subdivision 5 Miscellaneous

185 Consents may be conditional, and may be varied and revoked
186 Investigation of suspected contraventions
187 Notice by public agencies

Division 7 Finance generally

Subdivision 1 Preliminary

188 Application
189 Definitions

Subdivision 2 Service charges and other charges

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

Subdivision 3 Drainage areas

205 Notice of drainage area

Subdivision 4

206(Repealed)

Subdivision 5 Miscellaneous

207 Cutting off or restricting supply
208 Service of notices
209 Recording of service charge

Division 8 Concessions for eligible pensioners and others

Subdivision 1 Preliminary

210 Application
211 Definitions

Subdivision 2 Reductions for pensioners

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

Subdivision 3 Other reductions

216 Extension of reduction to avoid hardship

Subdivision 4 General provisions concerning reductions

217 Making of application
218 Refund of certain overpayments
219 Exemption from liability
220 Recovery of amount of reduction

Subdivision 5 Water supply authorities that are also local councils

221 Water supply authorities that are also local councils

Division 9 Miscellaneous

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

Part 10 Miscellaneous

225A Notification of damage arising in the course of plumbing work
226 Management plans—water sharing provisions
226A Exemptions relating to taking over works—Lower Gingham PID No 1 Board
226B Definition of “Ministerial action”
226C Exemptions relating to taking over works—Anabranch Water
227 Fees and charges
228 Penalty notice offences
229 Electronic lodgment of certain applications, claims and objections
230 Transformation of water entitlements
231 Metering equipment installed by Ministerial Corporation
232 Repeal and savings

Schedule 1 Excluded works

Schedule 2 Diagram and map references relating to streams

Schedule 3 Categories and subcategories of licences

Schedule 4 Access licences and approvals arising from former entitlements, and certain deemed approvals—particular provisions

Schedule 5 Exemptions

Schedule 6 Forms

Schedule 7 Special areas

Schedule 8 Penalty notice offences

Schedule 9 Savings, transitional and other provisions

Historical notes

NSW Crest

Part 1 Preliminary

1   Name of Regulation

This Regulation is the Water Management (General) Regulation 2011.

2   Commencement

This Regulation commences on 1 September 2011 and is required to be published on the NSW legislation website.
Note. This Regulation replaces the Water Management (General) Regulation 2004 and the Water Management (Water Supply Authorities) Regulation 2004 which are repealed on 1 September 2011 by section 10 (2) of the Subordinate Legislation Act 1989.

3   Definitions

(1)  In this Regulation:

appointed day means:

(a)  in relation to a category or subcategory of access licence to which Part 2 of Chapter 3 of the Act applies or an entitlement from which such an access licence arises, the day appointed under section 55A of the Act in relation to that category or subcategory of access licence, or
(b)  in relation to a type or kind of approval to which Part 3 of Chapter 3 of the Act applies or an entitlement from which such an approval arises, the day appointed under section 88A of the Act in relation to that type or kind of approval.
Note. Clause 9 of Schedule 10 to the Act provides that, in certain circumstances, the operation of those Parts is deferred in relation to particular entitlements.

commercial activities means associated commercial activities within the meaning of section 66 (3A) of the Act.

Department means the Department of Trade and Investment, Regional Infrastructure and Services.

Department’s website means the website with the URL of www.water.nsw.gov.au or if no such website exists, the website of the Department.

domestic consumption has the same meaning as it has in section 52 of the Act.

entitlement has the same meaning as it has in Schedule 10 to the Act and includes any arrangement that, immediately before 1 July 2004, was in force between a local council and the Ministerial Corporation.

excluded work means a work referred to in Schedule 1.

exempt monitoring bore means a monitoring bore constructed in accordance with the Minimum Construction Requirements for Water Bores in Australia that is:

(a)  required by an order, or approved voluntary management proposal, under Part 3 of the Contaminated Land Management Act 1997, or
(b)  required by a development consent under Part 4, or the conditions of an approved project under Part 3A or an approval under Part 5.1, of the Environmental Planning and Assessment Act 1979, or required or undertaken as a result of an environmental assessment under Part 5 of that Act, or
(c)  required by a condition of an environment protection licence under the Protection of the Environment Operations Act 1997, or
(d)  required under the Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2008, or
(e)  constructed and operated only by the Ministerial Corporation.

information system means a system for generating, sending, receiving, storing or otherwise processing electronic communications.

Minimum Construction Requirements for Water Bores in Australia means the document entitled Minimum Construction Requirements for Water Bores in Australia published by the Land and Water Biodiversity Committee, as in force from time to time.

minor stream means:

(a)  any stream or part of a stream:
(i)  the location of which is represented on any of the topographic maps listed in Part 2 of Schedule 2, and
(ii)  that is a first or second order stream, or part of such a stream, as determined in accordance with the system set out in Part 1 of Schedule 2, and
(iii)  which does not maintain a permanent flow of water, being a visible flow which occurs on a continuous basis, or which would so occur if there were no artificial abstractions of water or obstruction of flows upstream, and
(iv)  which does not at any time carry flows emanating from a third, fourth or higher order stream as determined in accordance with the system set out in Part 1 of Schedule 2, and
(b)  any stream or part of a stream the location of which is not represented on a topographic map listed in Part 2 of Schedule 2.
      For the purposes of paragraphs (a) (i) and (b), the streams are shown as watercourses on the topographic maps according to the legend.

stock watering has the same meaning as it has in section 52 (3) of the Act.

the Act means the Water Management Act 2000.

the former 1912 Act means the Water Act 1912.

the former 1948 Act means the Rivers and Foreshores Improvement Act 1948.

the former 1994 Act means Division 3 of Part 4 of the Irrigation Corporations Act 1994, as continued in force by clause 21 of Schedule 9 to this Regulation.

water reticulation work means a work (such as a water pipe or irrigation channel) that is constructed or used for the purpose of conveying water to the point at which it is to be used (including a reticulated system of such works and all associated pipes, sluices, valves and equipment), but does not include:

(a)  any work that receives water from a water supply work under the control or management of the Sydney Water Corporation, the Hunter Water Corporation or a local water utility, or
(b)  any work that is also a flood work.

water year means a year commencing 1 July.

(2)  For the purposes of paragraph (c) of the definition of river in the Dictionary to the Act, the following are declared to be a river:
(a)  any watercourse, whether perennial or intermittent, comprising an artificial channel that has changed the course of the watercourse,
(b)  any tributary, branch or other watercourse into or from which a watercourse referred to in paragraph (a) flows,
(c)  Eagle Creek Cutting, from its offtake with the Murray River adjacent to Lot 20, DP 1135384, Easting: 240323, Northing: 6052845, UTM Zone 55 GDA, Parish of Barham, County of Wakool, to its confluence with the Eagle Creek adjacent to Lot 2, DP 218060, Easting: 241231, Northing: 6053511, UTM Zone 55 GDA, Parish of Barham, County of Wakool,
(d)  Waddy Creek Cutting, from its offtake with the Murray River in Lot 1, DP 868793, Easting: 750976, Northing: 6080045, UTM Zone 54 GDA, Parish of Willakool, County of Wakool, to its confluence with the Waddy Creek in Lot 2, DP 868793, Easting: 751915, Northing: 6081546, UTM Zone 54 GDA, Parish of Mellool, County of Wakool.
(3)  Notes and examples in this Regulation do not form part of this Regulation.

Part 2 Access licences

Division 1 General

4   Categories of access licence

(1)  For the purposes of section 57 (1) (l) of the Act, each of the following categories of access licence are prescribed:
(a)  Murrumbidgee Irrigation (conveyance) access licence,
(b)  Coleambally Irrigation (conveyance) access licence,
(c)  floodplain harvesting access licence,
(d)  domestic and stock (conveyance) access licence,
(e)  unregulated river (high flow) access licence,
(f)  regulated river (general security—A class) access licence,
(g)  regulated river (general security—B class) access licence,
(h)  aquifer (general security) access licence,
(i)  unregulated river (special additional high flow) access licence,
(j)  salinity and water table management access licence,
(k)  aquifer (high security) access licence,
(l)  unregulated river (regulated supply—local water utility) access licence,
(m)  unregulated river (regulated supply) access licence,
(n)  unregulated river (A class) access licence,
(o)  unregulated river (B class) access licence,
(p)  unregulated river (C class) access licence.
(2)  For the purposes of section 57 (2) of the Act, each subcategory specified in Column 2 of Schedule 3 in relation to a category of access licence referred to in Column 1 of that Schedule is a prescribed subcategory of the category so referred to.

5   Specific purpose access licences

(1)  For the purposes of paragraph (e) of the definition of specific purpose access licence in the Dictionary to the Act, each of the following types of access licence is declared to be a specific purpose access licence:
(a)  domestic and stock (conveyance) access licence,
(b)  salinity and water table management access licence,
(c)  unregulated river (regulated supply—local water utility) access licence,
(d)  unregulated river (regulated supply) access licence.
(2)  A supplementary water (Lowbidgee) access licence is exempted from paragraph (d) of the definition of specific purpose access licence.

6   Priorities between different categories of access licence

(1)  The priorities to be observed in relation to the access licences referred to in section 58 (1) (c) of the Act are that:
(a)  regulated river (conveyance) access licences, Murrumbidgee Irrigation (conveyance) access licences and Coleambally Irrigation (conveyance) access licences:
(i)  have equal priority with each other, and
(ii)  have priority over any other access licences referred to in section 58 (1) (c) of the Act, and
(b)  all other access licences referred to in section 58 (1) (c) of the Act have equal priority with each other.
(2)  Any subcategory of access licence has equal priority with the access licence of which it is a subcategory and with any other subcategory of that licence.

7   Available water determinations

(1)  For the purposes of section 59 (2) of the Act, an available water determination referred to in section 59 (1) (a) of the Act is to be published on the Department’s website.
(2)  An available water determination so published must be retained on the Department’s website until the end of the water year to which it relates.

8   Publication of orders authorising the taking of water pursuant to supplementary water access licence

For the purposes of section 70 (1) of the Act, an order authorising the taking of water pursuant to a supplementary water access licence is to be published on the Department’s website.

9   Applications generally

(1)  An application under Part 2 of Chapter 3 of the Act:
(a)  must be in the approved form, and
(b)  must be signed or otherwise authenticated by each party to the application, and
(c)  must be accompanied by, or make provision for the payment of, the fee payable under section 114 of the Act in relation to the application, and
(d)  must be lodged at, or sent by post to, an office of the Department or lodged electronically as provided by clause 229.
(2)  An application is incomplete unless it includes, or is accompanied by, all information required by the approved form.
Note. Among other things, certain approved forms relating to dealings require information as to the price paid for water pursuant to the dealing.
(3)  This clause does not apply to an application for the recording of any matter in the Access Register under section 71A of the Act.

10   Applications for specific purpose access licences

For the purposes of section 61 (1) (a) of the Act, an application for the following categories and subcategories of specific purpose access licence may be made:
(a)  a local water utility access licence (subcategory “domestic and commercial”), for the purpose of domestic consumption and commercial activities,
(b)  a domestic and stock access licence (subcategory “domestic”), for the purpose of domestic consumption,
(c)  an unregulated river access licence (subcategory “town water supply”), for the purpose of supply to communities for domestic consumption and commercial activities,
(d)  a regulated river (high security) access licence (subcategory “town water supply”), for the purpose of supply to communities for domestic consumption and commercial activities,
(e)  an aquifer access licence (subcategory “town water supply”), for the purpose of supply to communities for domestic consumption and commercial activities,
(f)  any category of specific purpose access licence (subcategory “Aboriginal cultural”), for Aboriginal cultural purposes.

11   Matters to be included in Water Access Licence Register

(1)  For the purposes of section 71A (1) (h) of the Act, the matters to be recorded in the General Division of the Access Register include any memorandum of terms and conditions:
(a)  that is lodged with the Minister by the holder, or prospective holder, of a security interest, and
(b)  that is, or is intended to be, adopted by or incorporated in an instrument evidencing the existence of a security interest, as referred to in section 71D (1) (a) of the Act.
(2)  For the purposes of section 71A (2) (b) of the Act, the matters to be recorded in the Assignment Division of the Access Register include any agreement in the approved form that is signed by all the holders of an access licence and is submitted to the Minister, being an agreement that the person or persons specified in the agreement may, on behalf of the holders of the access licence, apply for an assignment dealing.

12   Dealings on default

A notice referred to in section 71X (1) (b) of the Act with respect to an access licence to be transferred as a consequence of a default in the payment of a debt or performance of some other obligation under a contract or other legally enforceable arrangement secured by a security interest:
(a)  must indicate:
(i)  that it is a notice under section 71X, and
(ii)  that the holder or co-holder of the licence is in default under the contract or arrangement, as specified in the notice, and
(iii)  that steps must be taken by the holder or co-holder of the licence to rectify the default, as specified in the notice, and
(iv)  that, if those steps are not taken within 30 days after service of the notice, the access licence may be transferred pursuant to that section, and
(b)  must be served on a person in a manner in which a document may be served on a person under section 170 of the Conveyancing Act 1919.

13   Cancellation of specific purpose access licences

For the purposes of section 77A (3) of the Act, the following criteria are prescribed as criteria that the Minister must consider when determining whether the purpose for which a specific purpose access licence was granted no longer exists:
(a)  in the case of an access licence for the supply of water to a location in relation to any activity, whether that activity is still continued at that location or still requires a supply of water,
(b)  in the case of an access licence for the supply of water to a town or community or to some other location for domestic purposes, whether anyone still resides in that town or community or at that location,
(c)  in the case of an access licence for the supply of water to a location for stock purposes, whether there is still any stock at that location,
(d)  in the case of an access licence for the supply of water for any purpose from any water source, whether the water previously supplied for that purpose from that water source is now supplied from some other water source.

14   Register of available water determinations

(1)  The following particulars must be recorded in the register of available water determinations kept under section 84 of the Act in relation to each available water determination made under section 59 of the Act:
(a)  the terms of the determination,
(b)  the date on which it was made,
(c)  the water source or sources (or the parts of the water source or sources) to which it applies,
(d)  in the case of a determination referred to in section 59 (1) (a) of the Act, the categories or subcategories of access licence to which it applies,
(e)  in the case of a determination referred to in section 59 (1) (b) of the Act, the individual access licences to which it applies.
(2)  For the purposes of section 84 (2) of the Act, the register of available water determinations may be kept in written or in electronic form.
(3)  For the purposes of section 84 (3) of the Act, the register of available water determinations is to be made available for public inspection at each office of the Department.
(4)  The Director-General may also make the register of available water determinations, or parts of the register, available on the Department’s website.

15   Water allocation accounts

(1)  Water allocations are to be debited from an access licence’s water allocation account:
(a)  except as provided by paragraph (b), whenever water is taken by means of any of the access licence’s nominated water supply works, or
(b)  if the relevant water sharing plan so provides, whenever water is ordered in relation to any of the access licence’s nominated water supply works.
(2)  If a water supply work is nominated in relation to two or more access licences, water allocations taken by means of, or ordered in relation to, the work are to be debited from the water allocation accounts for those access licences:
(a)  to the extent to which the relevant water sharing provisions of a management plan establish priorities in that regard, in accordance with the priorities so established, and
(b)  to the extent to which the relevant water sharing provisions of a management plan do not establish priorities in that regard:
(i)  subject to subparagraph (ii), as nominated by the holder of the access licences concerned or, if the access licences are held by different people, as nominated jointly by the holders, or
(ii)  if no such nomination is made or if such a nomination is incapable of being implemented, as determined by the Minister.
(3)  Water allocations remaining in a water allocation account at the end of a water year may be carried over to the next water year, but only to the extent that the relevant water management plan permits.
(4)  Subclause (3) is not limited or otherwise affected by any order in force under section 49A (1) of the Act.
(5)  A water allocation account may be kept in the form of 2 or more sub-accounts.

15A   Requirements for consent by co-holders of access licences

An appointment, or a revocation of appointment, of a nominee of a co-holder of an access licence under section 72A (2) of the Act:
(a)  must be in the approved form, and
(b)  must be signed by the co-holder making or revoking the appointment, and
(c)  must be lodged at, or sent by post to an office of the Department.

16   Claims for compensation

(1)  A claim under section 87 of the Act:
(a)  must be in the approved form, and
(b)  must be signed or otherwise authenticated by the claimant, and
(c)  must be lodged at, or sent by post to, an office of the Department or lodged electronically as provided by clause 229.
(2)  A claim is incomplete unless it includes, or is accompanied by, all information required by the approved form.

17   Access licences arising from former entitlements

Part 2 of Schedule 4 contains particular provisions relating to access licences arising from former entitlements.

Division 2 Exemptions

18   Exemption from requirement for access licence

(1)  A person is exempt from section 60A (1) and (2) of the Act in relation to the taking of water from a water source if the person:
(a)  is specified in any provision of Part 1 of Schedule 5, and
(b)  takes water for any of the purposes, and in the circumstances, specified in that provision.
(2)  A person exempted under this clause is also exempted from any mandatory conditions relating to access licences that are imposed on a water supply work approval.
(3)  An exemption conferred by this clause that requires a watering program to be approved by the Minister is subject to the condition that any person claiming the exemption must, if required to do so by an authorised officer, produce the approved watering program immediately or within the period, and at the place, specified by the officer.
(4)  An exemption conferred by subclause (1) with respect to approved watering for basic human water needs (within the meaning of clause 14 of Schedule 5) ceases to apply 4 months after the date on which the relevant approval was granted by the Minister or such later date as the Minister may approve of in writing.
(5)  An exemption conferred by this clause with respect to the taking of water for the purposes and in the circumstances specified in clause 15B of Schedule 5 (Emergency safety measures) is subject to the condition that the person claiming the exemption must comply with all applicable requirements (if any) of the Minister:
(a)  that are published in the Gazette, or notified in writing to the person, for the purposes of this subclause, and
(b)  that are for the purposes of implementing the water management principles in relation to the taking of water the subject of the exemption.

19   (Repealed)

20   Security holder’s consent not required for certain dealings

The following are exempt from the requirements of section 71L (1) (c) of the Act:
(a)  the grant of a single access licence arising from an application under section 71U of the Act for the grant of an access licence to give effect to the transfer into the State of an interstate equivalent of an access licence together with an application under section 71P of the Act for consolidation of that licence with another licence,
(b)  an increase in the share or extraction component of an access licence in connection with the assignment of rights under section 71Q of the Act.

21   Exemption from certain requirement concerning registration of security interests in replacement access licences

A person claiming a security interest in a replacement access licence is exempt from the requirement of clause 19 (5) (d) of Schedule 10 to the Act that the person advise the holder of the licence of the existence of the security interest claimed and give written notice of the advice to the Director-General, but only if the licence holder requests the Director-General, in writing, to register the security interest.

Part 3 Approvals

Division 1 General

22   Definition of “aquifer interference activity”

The following activities are prescribed for the purposes of paragraph (d) of the definition of aquifer interference activity in the Dictionary to the Act:
(a)  the extraction of sand,
(b)  the extraction of road base material.

23   Applications generally

(1)  An application under Part 3 of Chapter 3 of the Act:
(a)  must be in the approved form, and
(b)  must, if required by the Minister, include or be accompanied by an assessment of the likely impact of the water use, work or activity concerned, and
(c)  must be signed or otherwise authenticated by each party to the application, and
(d)  if the application is an application for a controlled activity approval (or the extension of such an approval), must be signed by the owner of the land on which the activity is to take place, and
(e)  must be accompanied by, or make provision for the payment of, the fee payable under section 114 of the Act in relation to the application, and
(f)  must be lodged at, or sent by post to, an office of the Department or lodged electronically as provided by clause 229.
(2)  An application is incomplete unless it includes, or is accompanied by, all information required by the approved form.
(3)  An assessment referred to in subclause (1) (b) must be prepared in accordance with requirements (if any) issued by the Minister.

24   Advertising of applications for approvals

(1)  The following classes of applications are to be advertised, as referred to in section 92 (7) of the Act:
(a)  applications for water supply work approvals for:
(i)  works for the taking of water from a river, or
(ii)  bores for the taking of water, other than bores used solely for taking water in accordance with a person’s basic landholder rights, or
(iii)  works (such as weirs) that have the effect of impounding water in a water source, or
(iv)  works (such as tanks and dams) that are constructed or used for the purpose of capturing rainwater run-off,
(b)  applications for water use approvals for irrigation,
(c)  applications whose advertising is required by any relevant management plan.
(2)  An application referred to in subclause (1) (a) does not have to be advertised (unless so required by a management plan referred to in subclause (1) (c)) if the water supply work concerned is to be used:
(a)  for a period of not more than 6 months, and
(b)  for one of the following purposes:
(i)  road construction or road maintenance by a roads authority (within the meaning of the Roads Act 1993),
(ii)  drought relief,
(iii)  dust suppression,
(iv)  prospecting or fossicking for minerals or petroleum under the Mining Act 1992 or the Petroleum (Onshore) Act 1991,
(v)  any environmental purpose authorised by a plan approved by the Minister under section 8E (7) of the Act,
(vi)  hydrostatic testing of gas pipelines.
(3)  An application referred to in subclause (1) (a) (i) does not have to be advertised (unless so required by a management plan referred to in subclause (1) (c)) if the water supply work concerned:
(a)  is to be used solely for taking or using water pursuant to a replacement access licence arising under Division 9, 11, 12 or 13 of Part 2 of Schedule 4, and
(b)  was in existence at the time the relevant replacement access licence came into force.
(4)  An application referred to in subclause (1) (b) does not have to be advertised (unless so required by a management plan referred to in subclause (1) (c)) if the land to which the application relates is land in respect of which a replacement access licence has arisen under Division 9, 11, 12 or 13 of Part 2 of Schedule 4.
(5)  An application for an approval must be advertised by the Minister by means of a notice published:
(a)  in a local newspaper, and
(b)  in a newspaper circulating among such Aboriginal communities as could be affected by the granting of such an approval, and
(c)  on the Department’s website.
(6)  The notice must contain the following information:
(a)  the name of the applicant,
(b)  the type of approval to which the application relates,
(c)  particulars indicating the location to which the application relates,
(d)  in the case of a water supply work approval, the capacity of the work and the water source and stream from which the work is proposed to take water,
(e)  in the case of a water use approval, the purpose for which water is to be used under the approval,
(f)  the form in which any objection against the application should be made for the purposes of section 93 of the Act,
(g)  the address to which, and the time by which, any such objection should be made,
(h)  the name and contact details for the relevant departmental officer.

25   Procedure for making objection to granting of approval

For the purposes of section 93 (1) of the Act, an objection to the granting of an approval:
(a)  must be in writing or in electronic form, and
(b)  must be signed or otherwise authenticated by the objector, and
(c)  must contain the name and address of the objector, and
(d)  must, within 28 days after the notice was first published, be lodged at, or sent by post to, the address specified in the notice referred to in clause 24 (6) (g) or, if in electronic form, lodged electronically as provided by clause 229, and
(e)  must specify the grounds of the objection.

26   Matters affecting consideration of applications

For the purposes of section 96 (a) of the Act, the matters to be taken into consideration by the Minister in considering whether or not to grant an aquifer interference approval include whether the amount of water taken in the course of carrying out the aquifer interference activity to which the approval relates will exceed the total extraction limit for the aquifer set out in any relevant management plan.

27   Register of approvals

(1)  For the purposes of section 113 (2) of the Act, the register kept under that section may be kept in written or in electronic form.
(2)  For the purposes of section 113 (3) of the Act, the register kept under that section is to be made available for public inspection at each office of the Department.
(3)  The Director-General may also make the register, or parts of the register, available on the Department’s website.

28   Security for fulfilment of obligations under approvals

(1)  An approval may be granted subject to a condition to the effect that, before commencing the construction of any work or the carrying out of any activity, the holder of the approval must provide the Minister with security for the cost of performing the holder’s obligations under the approval in the event that the holder fails to perform those obligations.
(2)  The security is to be for such reasonable amount as is determined by the Minister and specified in the condition as to security.
(3)  The security may be provided, at the choice of the holder, by way of a deposit with the Minister (a security deposit) or a guarantee satisfactory to the Minister.
(4)  The Minister may retain a security deposit until satisfied that the holder of the approval has fulfilled the holder’s obligations under the approval.
(5)  A security deposit may be paid out, or a guarantee may be enforced, to meet the cost of performing the holder’s obligations under the approval. Any balance of a security deposit remaining is to be refunded to, or at the direction of, the person who provided the security, together with any interest accrued on the deposit as a consequence of its investment.
(6)  Obligations under an approval that are required to be fulfilled after the period for which the approval remains in force do not cease merely because the approval ceases to be in force.
(7)  A security deposit may be retained and dealt with under this clause, and a guarantee may be enforced, even though the approval is no longer in force.
(8)  A person who has deposited an amount under this clause is entitled to a refund of the amount together with any interest accrued on the deposit as a consequence of its investment (less any amount paid out under this clause) if the person makes a written request to the Minister that satisfies the Minister that all obligations under the approval have been fulfilled.

29   Approvals arising from former entitlements, and certain deemed approvals

Part 3 of Schedule 4 contains particular provisions relating to approvals arising from former entitlements, and approvals for formerly unlicensed water bores in the Great Artesian Basin.

Division 2 Exemptions

Subdivision 1 Preliminary

30   Definition

In this Division:

public authority does not include Landcom or the Superannuation Administration Corporation or any of their subsidiaries.

Subdivision 2 Exemption from requirement for water use approval

31   Exemption where the taking of the water is also exempt

(1)  A person who is exempt under clause 18 in relation to the taking of water for any of the purposes, and in the circumstances, specified in a provision of Part 1 of Schedule 5 is exempt from section 91A (1) of the Act in relation to the use of the water for that purpose or those purposes, and in those circumstances.
(2)  An exemption conferred by this clause that relates to an exemption under clause 18 that requires a watering program to be approved by the Minister is subject to the condition that any person claiming the exemption must, if required to do so by an authorised officer, produce the approved watering program immediately or within the period, and at the place, specified by the officer.
(3)  An exemption conferred by this clause in respect of an exemption under clause 18 with respect to approved watering for basic human water needs (within the meaning of clause 14 of Schedule 5) ceases to apply at the same time as the exemption ceases to apply under clause 18 (4).
(4)  An exemption conferred by this clause in respect of an exemption under clause 18 with respect to the taking of water for the purposes and in the circumstances specified in clause 15B of Schedule 5 (Emergency safety measures) is subject to the condition that the person claiming the exemption must comply with all applicable requirements (if any) of the Minister:
(a)  that are published in the Gazette, or notified in writing to the person, for the purposes of this subclause, and
(b)  that are for the purposes of implementing the water management principles in relation to the use of water the subject of the exemption.

32   Water used for particular purposes

A person is exempt from section 91A (1) of the Act in relation to the use of water if the water is used for any of the following purposes:
(a)  the use of water for a purpose for which a development consent is in force under the Environmental Planning and Assessment Act 1979, other than the use of water for power generation by a major utility,
(b)  the use of water for domestic consumption or stock watering,
(c)  the use of water by, or on behalf of, the holder of a specific purpose access licence for Aboriginal cultural purposes for any purpose for which water may be taken under the licence,
(d)  the use of water for an environmental purpose in accordance with a plan approved by the Minister under section 8E (7) of the Act.

33   Aquifer interference in connection with mining

A person who is engaged in an aquifer interference activity in connection with the mining or extraction of any material is exempt from section 91A (1) of the Act in relation to the using of water from an aquifer if the water is used in accordance with an aquifer interference approval with respect to that activity.

Subdivision 3 Exemption from requirement for water supply work approval

34   Exemptions relating only to construction of water supply works

(1)  A person is exempt from section 91B (1) of the Act in relation to the construction of any of the following water supply works:
(a)  a water supply work constructed for the purpose of prospecting or fossicking for minerals or petroleum under the Mining Act 1992 or the Petroleum (Onshore) Act 1991 and for no other purpose,
(b)  the construction of a water pipe for use solely for conveying water from one place to another,
(c)  the construction of a water reticulation work on land the subject of a water use approval.
(2)  Subclause (1) does not apply to a water supply work constructed on any of the following land:
(a)  land declared to be critical habitat under Part 3 of the Threatened Species Conservation Act 1995 or Division 3 of Part 7A of the Fisheries Management Act 1994,
(b)  land that is a heritage conservation area within the meaning of an environmental planning instrument that applies to the land under the Environmental Planning and Assessment Act 1979,
(c)  land that is an Aboriginal place within the meaning of the National Parks and Wildlife Act 1974,
(d)  land that is reserved for any purpose under the National Parks and Wildlife Act 1974,
(e)  land the subject of a conservation agreement in force under section 69B of the National Parks and Wildlife Act 1974,
(f)  land the subject of a property vegetation plan in force under Part 4 of the Native Vegetation Act 2003,
(g)  land within a State forest within the meaning of the Forestry Act 2012,
(h)  land to which State Environmental Planning Policy No 14—Coastal Wetlands applies,
(i)  land to which State Environmental Planning Policy No 26—Littoral Rainforests applies,
(j)  waterfront land (other than waterfront land relating to a minor stream).

35   Exemptions relating only to use of water supply works

A person is exempt from section 91B (1) of the Act in relation to the use of any of the following water supply works if the work is used for any of the purposes, and in the circumstances, specified in relation to the work:
(a)  a water supply work used for the purpose of prospecting or fossicking for minerals or petroleum under the Mining Act 1992 or the Petroleum (Onshore) Act 1991,
(b)  a water storage work, water reticulation work or water impounding work that was in use before 1 July 2004 to convey or impound water taken pursuant to:
(i)  an entitlement, or
(ii)  (the previously repealed) section 7 (7) of the former 1912 Act,
      that is used pursuant to that entitlement for a purpose permitted by that entitlement, or for a purpose permitted by section 7 (7),
(c)  a water reticulation work used for the purpose of conveying water to land:
(i)  the subject of a water use approval, or
(ii)  the use of water on which does not require a water use approval,
(d)  a hydro-electric power station that is operated in connection with a water supply work owned by State Water Corporation or the Ministerial Corporation, and is authorised by that Corporation to be so operated, but only if:
(i)  the water taken by the work is used for the purpose of generating hydro-electric power, and
(ii)  the water taken by the work is returned to the same water source from which it was taken, and
(iii)  the returned water is of the same quality as it was when it was taken (in terms of chemical composition, temperature, sediment content and salinity).

36   Exemptions relating to both construction and use of water supply works

(1)  The following persons are exempt from section 91B (1) of the Act in relation to the construction or use of a water supply work if the work is constructed or used for any of the purposes, and in the circumstances, specified in relation to the work:
(a)  any person who is a landholder, in relation to the construction of an excluded work referred to in item 1, 2, 3, 4, 6, 7 or 9 in Schedule 1 that is situated on the land, or the use of the work for any of the purposes, and in the circumstances, specified in Schedule 1 in respect of the work,
(b)  any person who is a landholder, in relation to the construction or use of an excluded work referred to in item 5 or 8 in Schedule 1 that is situated on the land,
(c)  any person, in relation to the construction of an exempt monitoring bore, or the use of that bore, for measuring water levels, water pressure or water quality,
(d)  any person who is engaged in an aquifer interference activity in connection with the mining or extraction of any material, in relation to the construction or use of a water management work for the purpose of taking and using water from an aquifer in accordance with an aquifer interference approval with respect to that activity,
(e)  the Ministerial Corporation, in relation to the construction or use of a water supply work used for approved watering for basic human water needs (within the meaning of clause 14 of Schedule 5),
(f)  any person, in relation to the construction or use of a water supply work for the purposes only of complying with a direction given under the State Emergency Service Act 1989 or the State Emergency and Rescue Management Act 1989 in an emergency (within the meaning of the latter Act), but only if:
(i)  the person’s compliance with the direction is in accordance with the Act under which it is given, and
(ii)  the water supply work is removed within 3 months (or such longer period as is approved of in writing by the Minister) after it is constructed,
(g)  any person, in relation to the construction or use of a water supply work for the control or prevention of soil erosion that is included in a project in existence under section 10 of the Soil Conservation Act 1938, for the purpose of giving effect to the project.
(2)  An exemption conferred by subclause (1) (e) is subject to a condition that any person claiming the exemption must, if required to do so by an authorised officer, produce the approved watering program required by the exemption, immediately or within the period, and at the place, specified by the officer.
(3)  An exemption conferred by subclause (1) (e) ceases to apply at the same time as the exemption under clause 18 (4) ceases to apply in respect of the taking of the water for approved watering for basic human water needs.
(4)  An exemption conferred by subclause (1) (f) is subject to the condition that the person claiming the exemption must comply with all applicable requirements (if any) of the Minister:
(a)  that are published in the Gazette, or notified in writing to the person, for the purposes of this subclause, and
(b)  that are for the purposes of implementing the water management principles in relation to the construction or use of the water supply work the subject of the exemption.

Subdivision 4 Exemption from requirement for controlled activity approval

37   Condition applying to all exemptions under this Subdivision

An exemption conferred under this Subdivision is subject to the condition that the person by whom the relevant controlled activity is carried out must comply with applicable requirements (if any) of the Minister that are published in the Gazette, or notified in writing to the person, for the purposes of this clause and that are for the protection of:
(a)  the waterfront land on which the activity is carried out, or
(b)  any river, lake or estuary to which that land has frontage.

38   Controlled activities—public authorities

A public authority is exempt from section 91E (1) of the Act in relation to all controlled activities that it carries out in, on or under waterfront land.

39   Controlled activities—persons other than public authorities

A person (other than a public authority) is exempt from section 91E (1) of the Act in relation to controlled activities specified in Part 2 of Schedule 5 that are carried out in, on or under waterfront land.

40   Network operators

A network operator licensed or authorised under the Water Industry Competition Act 2006 or the Gas Supply Act 1996, or a licensee under the Pipelines Act 1967 (a pipeline licensee), is exempt from section 91E (1) of the Act in relation to the construction, modification, repair or maintenance of, or emergency work on:
(a)  in the case of a network operator, the network operator’s water or gas infrastructure, and
(b)  in the case of a pipeline licensee, the pipeline the subject of the licence and its associated infrastructure,
being activities:
(c)  that are carried out in, on or under waterfront land relating to a river, estuary or lake (other than in or on the bed or banks of a river, the bed or shore of a lake, or the bed or land lying between the bed and the mean high water mark of an estuary), and
(d)  that do not cause any change in the course of the river, and
(e)  the environmental impact of which has been considered under section 111 of the Environmental Planning and Assessment Act 1979 (or is exempt from the need for such consideration under section 110E of that Act).

Subdivision 5 Exemption from operation of section 106

41   Exemption from operation of section 106

Section 106 of the Act does not apply to:
(a)  a water management work approval for a work used by a person referred to in clause 2, 4, 5 or 6 of Schedule 5 solely for taking water for a purpose for which the person is exempted by clause 18 from the requirement for an access licence, or
(b)  a water use approval for the use of water for such a purpose.

Part 4 Irrigation corporations

Division 1 Inclusion of land within irrigation corporation’s area of operations

42   Applications to include land within area of operations

(1)  An application under section 128 of the Act must be in the approved form.
Note. Section 128 (2) of the Act requires an application to identify the land to be included in an irrigation corporation’s area of operations.
(2)  An application under section 128 of the Act with respect to land that is more than 15 per cent of the irrigation corporation’s existing area of operations must be advertised by the Minister by means of a notice published:
(a)  in a local newspaper, and
(b)  on the Department’s website.
(3)  The notice must contain the following information:
(a)  the name of the applicants,
(b)  the name of the irrigation corporation within whose area of operations the application seeks to include land,
(c)  the purpose of the application (that is, to seek the inclusion of the land to which the application relates within the irrigation corporation’s area of operations),
(d)  the area of the land to which the application relates,
(e)  the general location of the land (by lot and deposited plan number or by such other description as formally identifies the land),
(f)  the address to which, and the time by which, objections to the application should be made for the purposes of section 129 of the Act.

43   Objections to inclusion of land within area of operations

For the purposes of section 129 of the Act, an objection to the inclusion of land within an irrigation corporation’s area of operations:
(a)  must be in writing, and
(b)  must be signed or otherwise authenticated by the objector, and
(c)  must contain the name and address of the objector, and
(d)  must be lodged at, or sent by post to, the address specified in the notice, as referred to in clause 42 (3) (f), or lodged electronically as provided by clause 229, within 28 days after the notice was first published, and
(e)  must specify the grounds of the objection.

Division 2 Exclusion of land from irrigation corporation’s area of operations

44   Applications to exclude land from area of operations

(1)  An application under section 132 of the Act must be in the approved form.
Note. Section 132 (2) of the Act requires an application to identify the land to be excluded from an irrigation corporation’s area of operations.
(2)  An application under section 132 of the Act with respect to land that is more than 15 per cent of the irrigation corporation’s existing area of operations must be advertised by the Minister by means of a notice published:
(a)  in a local newspaper, and
(b)  on the Department’s website.
(3)  The notice must contain the following information:
(a)  the name of the applicants,
(b)  the name of the irrigation corporation from whose area of operations the application seeks to exclude land,
(c)  the purpose of the application (that is, to seek the exclusion of the land to which the application relates from the irrigation corporation’s area of operations),
(d)  the area of the land to which the application relates,
(e)  the general location of the land (by lot and deposited plan number or by such other description as formally identifies the land),
(f)  the address to which, and the time by which, objections to the application should be made for the purposes of section 133 of the Act.

45   Objections to exclusion of land from area of operations

For the purposes of section 133 of the Act, an objection to the exclusion of land from an irrigation corporation’s area of operations:
(a)  must be in writing, and
(b)  must be signed or otherwise authenticated by the objector, and
(c)  must contain the name and address of the objector, and
(d)  must be lodged at, or sent by post to, the address specified in the notice, as referred to in clause 44 (3) (f), or lodged electronically as provided by clause 229, within 28 days after the notice was first published, and
(e)  must specify the grounds of the objection.

Part 5 Elections

Division 1 Definitions

46   Definitions

(1)  In this Part:

calling of the ballot for an election means the date on which a notice is first published for the election under clause 69.

calling of the election for an election means the date on which a notice is published for the election under clause 64.

close of enrolments for an election means the final time and date fixed by the returning officer for the close of enrolments in the election.

close of exhibition of the roll for an election means the final time and date fixed by the returning officer for the exhibition of the roll in the election.

close of nominations for an election means the final time and date fixed by the returning officer for the close of nominations in the election.

close of the ballot for an election means the final time and date fixed by the returning officer for the close of the ballot for the election.

election means:

(a)  an election of members of a private irrigation board referred to in Part 2 of Chapter 4 of the Act, or
(b)  an election of directors of a private drainage board referred to in Part 3 of Chapter 4 of the Act, or
(c)  an election of members of a private water trust referred to in Part 4 of Chapter 4 of the Act.

final roll for an election means the roll prepared by the returning officer under Subdivision 2 of Division 6.

preliminary roll for an election means the roll prepared by the returning officer under clause 58.

returning officer means:

(a)  in the case of an election of members of a private irrigation board—the person appointed under clause 57 to be the returning officer for the election, and
(b)  in the case of an election of directors of a private drainage board or of members of a private water trust—the person appointed under clause 56 to be the returning officer for the election.

(2)  In this Part, a reference to a Form is a reference to a Form set out in Schedule 6.

Division 2 Division of private irrigation districts into zones

47   Division of private irrigation districts into zones

(1)  For the purposes of the first election of members of a private irrigation board, the Minister may divide a private irrigation district into zones.
(2)  For the purposes of the second and any later election of members of a private irrigation board, the private irrigation board may divide a private irrigation district into zones.
(3)  If a private irrigation district is divided into zones, the Minister or the board must:
(a)  subject to section 148 (3) of the Act, determine the number of members to be elected by the voters of each zone, and
(b)  show the zones on the plan of the private irrigation district exhibited as referred to in section 143 (3) (c) of the Act.

Division 3 Eligibility to be elected

48   Eligibility for election as a member of a private irrigation board

A person (including a corporation) is eligible to be elected as a member of a private irrigation board if the person is entitled to vote in the election.

49   Eligibility for election as director of a private drainage board

(1)  A person is eligible to be elected as director of a private drainage board if the person is entitled to vote in the election.
(2)  However, a person is ineligible for election if the person:
(a)  has not before nomination paid all moneys that were at any time before the end of the month preceding that in which nomination day falls, due by the person to the board, or
(b)  has been convicted in New South Wales of a serious indictable offence or has been convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be a serious indictable offence.

50   Eligibility for election as member of a private water trust

(1)  A person is eligible to be elected as a member of a private water trust if the person is entitled to vote in the election.
(2)  However, a person who has been convicted of any serious indictable offence is ineligible to be elected as a member of a private water trust or to act as a member of a private water trust.

Division 4 Entitlement to vote

51   Persons entitled to vote in election of members of a private irrigation board

(1)  A person is entitled to vote in an election of members of a private irrigation board if the person is an owner of land within the private irrigation district of that board.
(2)  Except as provided by subclauses (3) and (4), at any such election:
(a)  the owner of a non-irrigated holding is entitled to one vote, and
(b)  the owner of an irrigated holding is entitled to:
(i)  2 votes if the area irrigated does not exceed 80 hectares, or
(ii)  3 votes if the area irrigated exceeds 80 hectares.
(3)  At an election for the West Corurgan Private Domestic and Stock Water Supply and Irrigation District:
(a)  the owner of a non-irrigated holding is entitled to one vote, and
(b)  the owner of an irrigated holding is entitled to:
(i)  2 votes if the quantity of water allocated to the holding does not exceed 200 megalitres, or
(ii)  3 votes if the quantity of water allocated to the holding exceeds 200 megalitres.
(4)  At an election for the Narromine Private Domestic and Stock Water Supply and Irrigation District:
(a)  the owner of a non-irrigated holding is entitled to one vote, and
(b)  the owner of an irrigated holding is entitled to:
(i)  2 votes if the allocation does not exceed 150 megalitres, and
(ii)  if the allocation exceeds 150 megalitres, 2 votes, and one additional vote for each 150 megalitres by which the allocation exceeds 150 megalitres, but only to a maximum of 10 votes.

52   Persons entitled to vote in election of directors of a private drainage board

(1)  A person is entitled to vote in an election of directors of a private drainage board if the person is the owner of land within the drainage district of that board.
(2)  At any such election:
(a)  the owner of land not exceeding 20 hectares is entitled to one vote, and
(b)  the owner of land exceeding 20 hectares but not exceeding 120 hectares is entitled to 2 votes, and
(c)  the owner of land exceeding 120 hectares is entitled to 3 votes.
(3)  If the Crown is in the roll of voters the votes may be exercised by:
(a)  any director appointed to the board by the Minister, or
(b)  if a director has not been appointed to the board by the Minister, by a public servant authorised in writing for that purpose by the Ministerial Corporation.

53   Persons entitled to vote in election of members of a private water trust

(1)  A person is entitled to vote in an election of members of a private water trust if the person is the owner of land within the water supply district of the trust.
(2)  At an election of members of a private water trust placed in charge of irrigation works, or works for the prevention of floods or the control of floodwaters within the Murray Basin:
(a)  the owner of an area of land not exceeding 20 hectares is entitled to one vote, and
(b)  the owner of an area of land exceeding 20 hectares, but not exceeding 120 hectares, is entitled to 2 votes, and
(c)  the owner of an area of land exceeding 120 hectares is entitled to 3 votes.
(3)  At an election of members of a private water trust in charge of water supplies for domestic and stock purposes:
(a)  the owner of an area of land not exceeding 800 hectares is entitled to one vote, and
(b)  the owner of an area of land exceeding 800 hectares, but not exceeding 4,000 hectares, is entitled to 2 votes, and
(c)  the owner of an area of land exceeding 4,000 hectares is entitled to 3 votes.
(4)  A person who is entitled to vote under this clause may by instrument in writing authorise the trustees to place on the roll of voters the name of some other person instead of the person’s own name. In such a case, the name of the other person is to be placed on the roll instead of the name of the person.
(5)  For the purposes of this clause, a person whose name is on the roll pursuant to an authority of the owner of a property is to be taken to be the owner of the area of land included in the property.

54   No other persons entitled to vote

A person is entitled to vote in an election only if:
(a)  the person has an entitlement set out in this Division, and
(b)  as at the close of enrolments, the person’s name is included in the final roll for the election.

55   Enrolment of representatives

(1)  If land is owned:
(a)  by a corporation—the corporation is taken to be included in the final roll for an election only if the secretary of the corporation or some other nominee is included in that roll as the representative of the corporation, or
(b)  by more than one trustee or legal personal representative (whether as administrators or executors) on behalf of the estate of a person—the trustees are, or the estate is, taken to be included in the final roll for an election only if a nominee of those trustees or legal personal representatives is so included in that roll as the representative of the trustees or estate.
(2)  Only one person may be nominated to vote in the election as a representative of the corporation, trustees or estate concerned.

Division 5 Returning officer

56   Returning officer for election of members of a private water trust or directors of a private drainage board

(1)  For the purpose of an election of members of a private water trust or directors of a private drainage board, the returning officer is the person appointed by the trust or board (as the case requires) to be the returning officer for the election.
(2)  Without limiting subclause (1), the secretary of a private drainage board may be appointed as the returning officer for an election.

57   Returning officer for election of members of a private irrigation board

(1)  For the purposes of the first election of members of a private irrigation board after the commencement of section 149 of the Act, the Minister is to appoint a returning officer.
(2)  For the purpose of any other election of members of a private irrigation board, the returning officer is to be appointed by the board.
(3)  Without limiting subclause (2), the secretary of a private irrigation board may be appointed as the returning officer for an election.

Division 6 Rolls

Subdivision 1 Preparation and exhibition of preliminary roll

58   Preparation of preliminary roll

(1)  The returning officer for an election must prepare and keep:
(a)  a preliminary roll of the persons who, in the opinion of the returning officer, are eligible to vote in the election, and
(b)  an appropriately addressed label or an appropriately addressed envelope for each person whose name is included in that roll.
(2)  The preliminary roll:
(a)  must contain the names and last known addresses of each sole owner of land within the district, and
(b)  if there is more than one owner of any such land—must contain the name and last known address of any one of them who was, by notice in writing given to the returning officer, last nominated for the purposes of this paragraph by all the owners of the land, and
(c)  must describe the area of land held by each, and
(d)  must contain the number of votes to which each is entitled, and
(e)  must be certified by the returning officer in accordance with Form 1.
(3)  This clause does not apply to an election held as a consequence of an earlier election that has failed if a preliminary roll for the earlier election has already been prepared by the returning officer.

59   Exhibition of preliminary roll

The returning officer must cause copies of the preliminary roll to be exhibited for public inspection:
(a)  at the places where applications for enrolment and objections against enrolment may be lodged, and
(b)  for a period of at least 14 days.

Subdivision 2 Preparation of final roll

60   Applications for enrolment by persons not already enrolled

(1)  A person whose name does not appear on the preliminary roll for an election may apply for enrolment in the final roll for the election.
(2)  The application must be in Form 2 and must be lodged with the returning officer before the close of enrolments.
(3)  On receipt of the application, the returning officer:
(a)  if satisfied that the applicant is entitled to vote, must accept the application and enter the name and address of the applicant in the final roll, or
(b)  if not so satisfied, must reject the application and inform the applicant in writing that the application has been rejected, or
(c)  if the application is not in the proper form or is incomplete, must return the application for correction or completion and consider the duly corrected or completed application in accordance with this clause.

61   Objections to enrolment

(1)  Before the close of enrolments, the returning officer and any person who is entitled to vote in an election may object to the inclusion of the name of any person in the final roll.
(2)  An objection:
(a)  must be in Form 3, and
(b)  must state the grounds on which it is made, and
(c)  must be signed by the objector, and
(d)  must be lodged with the returning officer.
(3)  The returning officer must send particulars of an objection to the person to whom the objection relates.
(4)  The person to whom an objection relates may lodge a written reply with the returning officer within 14 days after the date on which particulars of the objection were sent to that person.
(5)  The returning officer must consider each objection, and any reply received within that 14-day period, and may make such inquiries as the returning officer thinks fit.
(6)  The returning officer may accept or reject an objection.
(7)  If the returning officer accepts an objection, the returning officer must exclude from the final roll for the election the name of the person to whom the objection relates and must inform that person and the objector, in writing, that the person’s name is so excluded.
(8)  If the returning officer rejects an objection, the returning officer must notify the person to whom the objection relates and the objector, in writing, that the returning officer has rejected the objection.
(9)  The returning officer may require a person who lodges an objection, or who replies to an objection, to verify the objection or reply by statutory declaration.
(10)  For the purpose of enabling the returning officer to make a decision to accept or reject an objection to the inclusion of the name of a person in the final roll, the returning officer may require a person to furnish the returning officer with such information regarding the person objected to as the returning officer may specify.

62   Postponement of ballot not to affect final roll

The validity of the final roll for an election is not affected by the postponement of the close of the ballot by a notice published after the close of exhibition of the roll, and the roll remains the final roll for the election.

Division 7 Calling of the election

63   Final roll must be prepared before election called

(1)  The final roll in relation to an election must be prepared in accordance with Division 6 before the calling of an election.
(2)  This clause does not apply to an election held as a consequence of an earlier election that has failed if a final roll for the earlier election has already been prepared by the returning officer.

64   Notice of election

(1)  The returning officer must fix a time and place for an election and cause notice of that fact:
(a)  to be posted to every person eligible to vote at the election, or
(b)  to be published in a newspaper circulating generally throughout the relevant board or trust’s district.
(2)  The notice:
(a)  must state that an election is to be held for the purpose specified, and
(b)  must call for nominations of candidates, and
(c)  must specify the date (the nomination day) and time for the close of nominations, and
(d)  must advise where nomination forms can be obtained, and
(e)  must advise where nominations may be lodged, and
(f)  must, in the case of a notice sent to eligible voters, contain a nomination form, and
(g)  must advise when and where the final roll for the election will be available on public exhibition.
(3)  The time specified in the notice for the close of nominations must be at least 14 days after notice is given.

65   Postponement of nomination day

(1)  Despite clause 64 (3), the returning officer may postpone the nomination day for a period not exceeding 14 days by a notice in a form similar to, and published in the same manner as, a notice referred to in clause 64 (1).
(2)  The power conferred on the returning officer by this clause may be exercised more than once in respect of an election.

Division 8 Nominations

66   Eligibility for nomination

Any person is eligible for nomination as a candidate for election if the person is eligible, under Division 3, to be elected.

67   Nomination of candidates

(1)  A nomination of a candidate:
(a)  must be in Form 4, and
(b)  must be made by at least 2 persons (other than the candidate) who each are eligible to vote in the election, and
(c)  must be endorsed with, or accompanied by, the consent of the nominee, and
(d)  must be lodged with the returning officer before the close of nominations.
(2)  If the returning officer is of the opinion that an insufficient number of persons by whom a candidate has been nominated are eligible to nominate a candidate, the returning officer must, as soon as practicable, cause notice of that fact to be given to the candidate.
(3)  A candidate who has been nominated in an election may withdraw the nomination at any time before the close of nominations by notice in writing addressed to the returning officer.

68   Uncontested elections

If the number of persons who have been duly nominated as candidates by the close of nominations does not exceed the number of persons to be elected, each of those persons is taken to have been elected.

69   Contested elections

If the number of persons who have been duly nominated as candidates by the close of nominations exceeds the number of persons to be elected, a ballot must be held.

Division 9 Calling of the ballot

70   Notice of ballot

(1)  As soon as practicable after it becomes apparent to the returning officer that a ballot is required to be taken in respect of an election, the returning officer must cause notice that a ballot is to be taken:
(a)  to be published in at least one newspaper circulating locally in the area to which the election relates, or
(b)  to be sent by post to each person whose name is included in the final roll at the address shown on the roll.
(2)  The notice:
(a)  must state that a ballot is to be taken, and
(b)  must fix a time and date for the close of the ballot, and
(c)  must, in the case of a notice in a newspaper, advise where copies of the final roll will be exhibited.
(3)  The notice must also state that it is compulsory for persons who wish to vote in the election to be enrolled in the final roll for the election.
(4)  The close of the ballot must not be earlier than 28 days after the calling of the ballot.

71   Postponement of ballot

(1)  The returning officer may postpone (for a period not exceeding 14 days) the close of the ballot by a notice published in the same way as the notice stating that a ballot is to be held.
(2)  The power conferred on the returning officer by this clause may be exercised more than once in respect of an election.

Division 10 The ballot

72   Printing of ballot-papers

(1)  As soon as practicable after the close of enrolments in an election, the returning officer:
(a)  must determine the order in which the candidates’ names are to be listed on a ballot-paper by means of a lot, and
(b)  must cause sufficient ballot-papers to be printed to enable a ballot-paper to be sent to each person included in the final roll for the election.
(2)  A ballot-paper for an election must contain:
(a)  the names of the candidates arranged in the order determined in accordance with subclause (1) (a), with a small square set opposite each name, and
(b)  if the returning officer considers that the names of 2 or more of the candidates are so similar as to cause confusion, such other matter as the returning officer considers will distinguish between the candidates, and
(c)  such directions as to the manner in which a vote is to be recorded and returned to the returning officer as the returning officer considers appropriate.
(3)  The directions to voters must include a direction that the voter must record a vote by placing a cross in the square set opposite the name of each candidate for whom he or she votes.

73   Distribution of ballot-papers

As soon as practicable after the printing of the ballot-papers for an election, the returning officer must send to each person included in the final roll for the election:
(a)  a ballot-paper that is initialled by the returning officer, and
(b)  an unsealed envelope (the voter’s envelope) addressed to the returning officer and bearing on the back the words “NAME AND ADDRESS OF VOTER” and “SIGNATURE OF VOTER”, together with appropriate spaces for the insertion of a name, address and signature, and
(c)  another unsealed envelope (the posting envelope) that:
(i)  is large enough to accommodate the voter’s envelope if that envelope is folded, and
(ii)  is addressed to the returning officer, and
(iii)  is reply-paid.

74   Duplicate ballot-papers

(1)  At any time before the close of the ballot, the returning officer may issue to a voter a duplicate ballot-paper and envelope if the voter satisfies the returning officer by statutory declaration:
(a)  that the original ballot-paper has been spoilt, lost or destroyed, and
(b)  that the voter has not already voted in the election to which the ballot-paper relates.
(2)  The returning officer must maintain a record of all duplicate ballot-papers issued under this clause.

75   Recording of votes

In order to vote in an election, a person:
(a)  must record a vote on the ballot-paper in accordance with the directions shown on it, and
(b)  must vote for no more than the number of persons to be elected, and
(c)  must place the completed ballot-paper (folded so that the vote cannot be seen) in the voter’s envelope, and
(d)  must seal the voter’s envelope, and
(e)  must complete the person’s full name and address on, and must sign, the back of the voter’s envelope, and
(f)  must seal the voter’s envelope in the posting envelope, and
(g)  must return the envelopes to the returning officer so as to be received before the close of the ballot.

Division 11 The scrutiny

76   Receipt of ballot-papers

(1)  The returning officer must reject (without opening it) any voter’s envelope purporting to contain a ballot-paper if the envelope is not received before the close of the ballot or is received unsealed.
(2)  The returning officer must examine the name on the back of the voter’s envelope and, without opening the envelope:
(a)  must accept the ballot-paper in the envelope for further scrutiny and draw a line through the name on the roll that corresponds to the name on the back of the envelope, if satisfied that a person of that name is included in the final roll for the election, or
(b)  must reject the ballot-paper in the envelope, if not so satisfied or if a name, address or signature does not appear on the back of the envelope.
(3)  The returning officer may reject a ballot-paper without opening the voter’s envelope if, after making such inquiries as the returning officer thinks fit:
(a)  the returning officer is unable to identify the signature on the back of the envelope, or
(b)  it appears to the returning officer that the signature on the back of the envelope is not the signature of the person whose name and address appear on the back of the envelope.

77   Ascertaining result of ballot

The result of a ballot is to be ascertained by the returning officer as soon as practicable after the close of the ballot.

78   Poll clerks

(1)  The returning officer may appoint poll clerks if required.
(2)  A candidate must not be a poll clerk.

79   Scrutineers

(1)  Each voter in a ballot is entitled to request, by notice in writing given to the returning officer at any time after the close of enrolments for the ballot, the appointment of a person specified in the notice (who may, but need not, be the voter concerned) as a scrutineer for the purposes of the ballot.
(2)  The returning officer may appoint a maximum of 10 persons as scrutineers for a ballot.
(3)  The persons are to be appointed in the order in which the requests for their appointments were received by the returning officer in accordance with subclause (1).
(4)  A person must not be appointed as a scrutineer unless the person consents to the appointment.
(5)  A candidate must not be appointed as a scrutineer.
(6)  A scrutineer’s functions include scrutinising the receipt of ballot-papers under clause 76.

80   Scrutiny of votes

(1)  The scrutiny of votes in a ballot is to be conducted as follows:
(a)  the returning officer is to produce, unopened, the voter’s envelopes containing the ballot-papers accepted for scrutiny,
(b)  in the case of an election of members of a private irrigation board—the returning officer is to ascertain the zone to which the vote relates (where applicable) and place the voter’s envelope with other such envelopes for that zone,
(c)  the returning officer is then to open each such envelope, extract the ballot-paper and (without unfolding it) place it in an appropriate box or other container, with (in the case of an election of members of a private irrigation board) separate boxes or other containers for each zone (where applicable),
(d)  when the ballot-papers from all the voter’s envelopes have been placed in the box or other container, the returning officer is then to open the box or other container and remove the ballot-papers,
(e)  the returning officer is then to examine each ballot-paper and reject those that are informal,
(f)  the returning officer is then to proceed to count the votes and ascertain the result of the election.
(2)  At the scrutiny of votes in a ballot, a ballot-paper must be rejected as informal if:
(a)  it is not initialled by the returning officer, or
(b)  it has on it any mark or writing that the returning officer considers could enable any person to identify the voter who completed it, or
(c)  it has not been completed in accordance with the directions shown on it.
(3)  A ballot-paper is not to be rejected as informal merely because of any mark or writing on it that is not authorised or required by this Regulation if, in the opinion of the returning officer, the voter’s intention is clearly indicated on the ballot-paper.

81   Counting of votes

The result of a ballot for an election must be ascertained (zone by zone, where applicable) by the returning officer as follows:
(a)  if there is one person to be elected in the election—the candidate who received the highest number of votes is to be declared to be elected,
(b)  if there are 2 or more persons to be elected in the election—the candidates, not exceeding in number the number of persons to be elected, who received the highest number of votes are to be declared to be elected,
(c)  if there is an equality of votes—the returning officer is to determine by lot the candidate to be elected.

82   Notice of result of election

(1)  As soon as practicable after a candidate in an election has been elected, the returning officer must notify the Minister in writing of the name of the candidate elected.
(2)  As soon as practicable after declaration of a poll, the returning officer must issue to each person elected a notice in writing of the result of the election.

Division 12 General

83   Election of directors of private drainage boards or members of private water trusts

(1)  An election of directors of a private drainage board must be held every 3 years.
(2)  An election of the members of a private water trust must be held every 3 years.

84   Decisions of returning officer final

If the returning officer is permitted or required by the Act or this Regulation to make a decision on any matter relating to the taking of a ballot in any election, the decision of the returning officer on that matter is final.

85   Disposal of election papers

After the declaration of a ballot, the returning officer must keep all papers connected with the election for at least 12 months after the election.

86   Offences

A person must not:
(a)  vote, or attempt to vote, more than once in any election, or
(b)  vote, or attempt to vote, in any election in which the person is not entitled to vote, or
(c)  make a false or wilfully misleading statement (not being a statement verified by statutory declaration):
(i)  to the returning officer in connection with any election, or
(ii)  in any document that the person furnishes for the purposes of any election, or
(d)  apply for enrolment in respect of any election in respect of which the person is already enrolled.

Maximum penalty: 1 penalty unit.

Part 6 Private drainage boards

Division 1 Constitution and procedure

87   Quorum

The number of directors that constitute a quorum for a private drainage board is as follows:
(a)  if the board consists of 3 directors—2,
(b)  if the board consists of 4 or 5 directors—3,
(c)  if the board consists of 6 or 7 directors—4.

Division 2 Finance

88   Rate book

(1)  For the purposes of section 209 (1) of the Act, a rate book is to be in a form containing the following particulars:
(a)  assessment number,
(b)  name of ratepayer,
(c)  additional charges for current year,
(d)  payment received,
(e)  receipt number,
(f)  date of payment,
(g)  current rates,
(h)  arrears of rates carried forward,
(i)  arrears,
(j)  total,
(k)  total due.
(2)  For the purposes of section 209 (2) of the Act, any particular relating to a rate may be altered.
(3)  For the purposes of section 209 (4) of the Act, an alteration or amendment in a rate book is to be made, signed and dated by the private drainage board’s Secretary and countersigned by the chairperson.

89   Rates

Rate notices by which rates are levied under section 206 of the Act must be in a form approved by the Ministerial Corporation.

90   Keeping of books and accounts

A private drainage board is to keep proper books and accounts that show full, true and regular accountings of all money received and paid by the private drainage board and the purposes for which money has been received or paid.

91   Banking

Money received by a private drainage board must be paid into an authorised deposit-taking institution to the credit of an account in the name of the private drainage board.

Part 7 Private water trusts

Division 1 Constitution and procedure

92   Meetings of members of a private water trust

(1)  Ordinary meetings of members of a private water trust are to be held at any time that the members from time to time determine.
(2)  The chairperson of a private water trust, or a majority of the members of a private water trust, may at any time call a special meeting of members of a private water trust.
(3)  Seven days’ notice of an ordinary meeting, and reasonable notice of a special meeting, must be given in writing to each member of a private water trust.
(4)  No business, other than the business stated in the notice of the meeting, is to be transacted at the special meeting.

93   Special general meetings

For the purposes of sections 224 (2), 225 (2) and 226 of the Act, the prescribed manner of giving notice is:
(a)  by personal delivery, or
(b)  by post, or
(c)  by facsimile transmission, or
(d)  by e-mail.

94   Quorum

The quorum for a meeting of a private water trust is as follows:
(a)  if the trust comprises 3 members—2 members,
(b)  if the trust comprises 5 members—3 members.

95   Chairperson

(1)  The chairperson is to preside at a meeting of members of a private water trust.
(2)  If the chairperson is not present, the members of a private water trust then present are to appoint one of their number to act as chairperson.

96   Voting

(1)  Any question arising at a meeting of members of a private water trust is to be decided by a majority of votes of the members present.
(2)  In the case of an equality of votes the chairperson has a casting vote.

97   Minutes

(1)  The members of a private water trust must cause minutes of the proceedings of each meeting to be kept.
(2)  The minute books are to be open for inspection by the members of a private water trust and any ratepayer within the water supply district at any reasonable time.

98   Special general meetings of voters

(1)  The chairperson is to preside at a special general meeting of voters.
(2)  In the absence of the chairperson an appointed member of the private water trust may preside at the meeting or, if there is no appointed member of the private water trust present, an elected member of the private water trust selected by the members of the private water trust present may preside.

Division 2 Finance

99   Rate book

(1)  On fixing rates under section 232 of the Act on land in a water supply district the members of a private water trust must enter the rates in a rate book.
(2)  The rate book is to be kept in a form approved by the Ministerial Corporation.

100   Correction of rate book

(1)  Any necessary corrections of the rate book must be made at a meeting of the members of a private water trust and be signed and dated by the Chairperson.
(2)  A correction affecting the amount of a rate must not be made after notice of the amount has been given to the person liable (except in the case of a correction arising from an appeal).

101   Payment of rates

(1)  Rates are payable by instalments if the members of a private water trust so decide.
(2)  A rate or an instalment of a rate is not recoverable until 30 days after notice of the amount due has been served on the ratepayer at the ratepayer’s last known or usual address.

102   Appeals

(1)  An appeal by a landholder under section 232 (6) of the Act against the amount at which the landholder is rated must be lodged within 21 days after notice of the amount has been given to the landholder.
(2)  Notice of the appeal, in a form approved by the Ministerial Corporation, must be given to a Magistrate having jurisdiction in any part of the private water trust district and to the Secretary of the trust.

Division 3 Miscellaneous

103   Members of a private water trust’s accounts

(1)  Money received by members of a private water trust in the operation of a private water trust must be paid into an authorised deposit-taking institution to the credit of an account in the name of the members of the private water trust.
(2)  All expenses incurred by members of a private water trust in the discharge of duties imposed on them by the Act are payable out of the funds at the disposal of the members of the private water trust under the Act.

Part 8 Public works

104   Hunter Valley flood mitigation works—statement of particulars

The additional particulars to be set out in a statement under section 263 (3) of the Act are as follows:
(a)  an estimate of the cost to be incurred during the financial year to which the statement relates in respect of each work included in the program of flood works referred to in section 263 (1) of the Act,
(b)  an estimate of the amount of any compensation payable or likely to become payable during that financial year as a consequence of the undertaking of each such work,
(c)  an estimate of the cost of maintenance work in respect of works previously completed that the Minister considers should be carried out during that financial year,
(d)  an estimate of the amount of any compensation (other than compensation in respect of the works referred to in paragraph (a)) payable or to become payable by the Minister during that financial year,
(e)  an estimate of the amount of any payment to be made by the Minister during that financial year under section 261 (2) of the Act,
(f)  the percentage of the cost of the construction, carrying out and maintenance of any of the works referred to in paragraph (a), and of the amount of compensation payable or likely to become payable by the Minister as a consequence of the construction, carrying out and maintenance of such work, that a local council will be liable to contribute under section 260 of the Act,
(g)  an estimate of the amount of any payments that a local council will be required to make during that financial year under section 265 of the Act,
(h)  an estimate of the amount of any payment that is likely to be received during that financial year under section 261 of the Act from a public authority in respect of any work referred to in paragraph (a),
(i)  the amount (if any) of any payment made by the Hunter-Central Rivers Catchment Management Authority under section 262 of the Act during the previous financial year that remained unexpended at the close of that year.

105   Hunter Valley flood mitigation works—statement of cost of maintenance and compensation

The additional particulars to be set out in a statement under section 266 (1) of the Act are as follows:
(a)  an estimate of the cost of any maintenance that the Minister considers should be undertaken during the financial year to which the statement relates in respect of each work referred to in section 265 of the Act,
(b)  an estimate of the amount of any compensation likely to become payable during that financial year by the Minister as a consequence of any such maintenance,
(c)  an estimate of the amount of compensation payable or likely to become payable during that financial year by the Minister as a consequence of any maintenance of each work referred to in paragraph (a) carried out during any previous financial year,
(d)  the percentage that, under section 260 of the Act, the Minister has determined that a local council should contribute to the cost of any such construction and maintenance,
(e)  the amount (if any) of any payment made by a local council under section 265 of the Act during any previous financial year that remained unexpended at the end of the immediately preceding financial year.

106   (Repealed)

Part 9 Water supply authorities

Division 1 Preliminary

107   Definitions

In this Part:

authorised officer means:

(a)  an employee or other person acting on behalf of a water supply authority, or
(b)  a police officer.

dwelling means a room or suite of rooms occupied or used, or so constructed or adapted as to be capable of being occupied or used, as a separate residence.

Plumbing Code of Australia means the document entitled the Plumbing Code of Australia, produced for all State governments by the Australian Building Codes Board, as in force from time to time.

plumbing fitting includes any pipe, apparatus or fixture used for plumbing work.

repair includes make good, replace, reconstruct, remove, alter, cleanse or clear.

sewerage service means that part of sewerage pipework, including all sanitary fixtures, up to its point of connection to a water supply authority’s sewerage system.

water service means that part of water supply pipework from its point of connection to a water supply authority’s water supply system up to and including its outlet valves.

water supply service pipe means a pipe connecting a water service to a water supply authority’s water supply system, and includes the plumbing fittings connected to the pipe.

Division 2 Areas of operations and functions

108   Essential Energy

(1)  Essential Energy’s area of operations is the area of land shown by distinctive marking on the map marked “Area of Operations of Broken Hill Water Board” deposited in the offices of the Department, being:
(a)  land within the local government area of the Broken Hill City Council, and
(b)  the Stephens Creek, Umberumberka Creek and Yancowinna Creek Special Areas referred to in Division 6, and
(c)  the localities of Menindee and Sunset Strip, and
(d)  the land over which the Menindee to Stephens Creek pipeline is situated.
Note. Certain land along the route of the Menindee to Stephens Creek pipeline is supplied with water by that pipeline. Pursuant to sections 292 (2) and 311 of the Act, water service charges may be levied on that land even though it is not within the area of operations of Essential Energy.
(2)  Essential Energy has and may exercise all of the functions of a water supply authority.

109   Gosford City Council

(1)  Gosford City Council’s area of operations is its local government area under the Local Government Act 1993.
(2)  Gosford City Council has and may exercise all of the functions of a water supply authority.

110   Wyong Shire Council

(1)  Wyong Shire Council’s area of operations is its local government area under the Local Government Act 1993.
(2)  Wyong Shire Council has and may exercise all of the functions of a water supply authority.

111   Cobar Water Board

(1)  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” deposited in the offices of the Department, being:
(a)  the land on which the Cobar Storage Dam is situated (as shown on DP 755660), and
(b)  the locality of Canbelego, and
(c)  the land over which the Nyngan to Cobar pipeline is situated.
Note. Certain land along the route of the Nyngan to Cobar pipeline is supplied with water by that pipeline. Pursuant to sections 292 (2) and 311 of the Act, water service charges may be levied on that land even though it is not within the area of operations of Cobar Water Board.
(2)  Cobar Water Board has and may exercise only the function of providing water services.

112   State Water Corporation—Fish River water supply scheme

(1)  State Water Corporation’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 marked “Area of Operations of Fish River water supply scheme” deposited in the offices of the Department, being all the land owned, occupied or used by State Water Corporation in relation to the Fish River water supply scheme (within the meaning of the State Water Corporation Act 2004) in the local government areas of Greater Lithgow City, Oberon and Blue Mountains City, and includes:
(a)  all land on which the following works are situated:
(i)  the concrete dam on the Fish River at Oberon,
(ii)  Duckmaloi weir,
(iii)  Rydal storage, and
(b)  all land on, over, under or in which any water management works incidental or connected to those referred to in paragraph (a) (including tunnels, pipelines, service reservoirs, pumping stations and water treatment works) are situated from time to time, and
(c)  all land on, over, under or in which any access roads and easements in relation to the works referred to in paragraph (a) or (b) are situated from time to time.
Note. Certain land along the route of the pipelines referred to in paragraph (b) is supplied with water by those pipelines. Pursuant to sections 292 (2) and 311 of the Act, water service charges may be levied on that land even though it is not within the area of operations of State Water Corporation (in relation to the Fish River water supply scheme).
(2)  State Water Corporation has and may exercise only the function of providing water services.

113   (Repealed)

114   Sydney Olympic Park Authority

(1)  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.
(2)  The Sydney Olympic Park Authority has and may exercise in its area of operations only such functions as relate 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.
(3)  The provisions of this Regulation with respect to the distribution of water by a water supply authority apply equally to the distribution of treated waste water by the Sydney Olympic Park Authority.

115   Strategic business plans

(1)  A water supply authority may apply to the Minister for approval of a strategic business plan with respect to the exercise of its functions under the Act.
(2)  The Minister may approve the business plan in the form in which it has been submitted for approval, may approve the business plan with specified modifications or may refuse to approve the business plan.
(3)  A strategic business plan is not to be approved under this clause unless it complies with the requirements of Strategic Business Plans for Water Supply & Sewerage Schemes: Guidelines for Preparation, as in force from time to time, published by the New South Wales Government.

116   Ministerial approval not required for certain works

(1)  All works, other than the following, are exempt from the requirement for the Minister’s approval under section 292 (1) (a) of the Act:
(a)  dams for the impounding or diversion of water for public use, including any associated works,
(b)  dams that are, or when completed will be, prescribed dams for the purposes of the Dams Safety Act 1978,
(c)  water treatment works,
(d)  sewage works, including works for the treatment of raw sewage, effluent or biosolids and works for the discharge of raw sewage, effluent or biosolids from sewage works.
(2)  For those works for which an approval referred to in subclause (1) is required, approval may be given only if:
(a)  all information that the Minister has required to be supplied, and all relevant documentation, has been furnished, and
(b)  the Minister is satisfied that:
(i)  all 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 dealing with the application have been carried out, and
(ii)  the water supply authority is competent to construct, maintain and operate the proposed works.
(3)  The relevant documentation referred to in subclause (2) (a) comprises:
(a)  the plans and specifications of the proposed works, and all other documents and data relating to the proposed works that are in the possession of the water supply authority, and
(b)  such other documents as are necessary to satisfy the Minister of the matters referred to in subclause (2) (b).
(4)  An approval referred to in subclause (1) may be revoked if the Minister is satisfied that the water supply authority has failed:
(a)  to comply with any requirement to furnish information or documentation, or
(b)  to comply with any direction given by the Minister, or
(c)  to accept any supervision that the Minister has required,
      with respect to the construction, maintenance or operation of the works to which the approval relates.

Division 3 Water supply

Subdivision 1 Preliminary

117   Application

This Division applies to and in respect of water supplied by the following water supply authorities:
(a)  Essential Energy,
(b)  Gosford City Council,
(c)  Wyong Shire Council,
(d)  Cobar Water Board,
(e)  State Water Corporation,
(f)  the Sydney Olympic Park Authority.

Subdivision 2 Water services

118   Installation and maintenance of water service by owner

(1)  An owner of land to which a water main is connected or available for connection must ensure that:
(a)  the installation of any water service, and the connection of any such water service to the water supply authority’s system, are done by the holder of a plumbing permit, and
(b)  any such water service complies with the Plumbing Code of Australia, and is kept in good order and condition and free from blockages or leakages.

Maximum penalty: 20 penalty units.

(2)  In subclause (1), plumbing permit, in relation to a water supply authority, means:
(a)  a permit issued by the water supply authority under Subdivision 3 of Division 5, or
(b)  in the case of Gosford City Council or Wyong Shire Council, an approval to carry out water supply work under Part 1 of Chapter 7 of the Local Government Act 1993.
(3)  This clause applies only in relation to work that is not plumbing and drainage work within the meaning of the Plumbing and Drainage Act 2011.
Note. On the commencement of section 7 of the Plumbing and Drainage Act 2011, plumbing and drainage work to which that Act applies must be code compliant under that Act. That Act requires the work to comply with the Plumbing Code of Australia and any other standards or requirements prescribed by the regulations under that Act.

119   Water service not to be shared

(1)  A person must not operate or use a shared water service without the consent of a water supply authority.

Maximum penalty: 20 penalty units.

(2)  In this clause, shared water service means a water service that extends over, or supplies water to, 2 or more separately owned parcels of land.
(3)  For the purposes of subclause (2), the separate lots in a strata scheme under the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986 are taken to constitute a single parcel of land.

120   Fire-fighting services

(1)  A person must not:
(a)  install or maintain a fire-fighting service that does not comply with the Plumbing Code of Australia, or
(b)  fail to comply with any direction given by a water supply authority as to the way in which the person must comply with the Plumbing Code of Australia in relation to a fire-fighting service.

Maximum penalty: 20 penalty units.

(2)  A person must not use a fire-fighting service otherwise than for the following purposes:
(a)  the purpose of controlling or extinguishing a fire,
(b)  some other purpose approved by the relevant water supply authority.

Maximum penalty: 20 penalty units.

(3)  In this clause, fire-fighting service means such parts of a water service as are designed to be used for controlling and extinguishing fires.

121   Misuse and waste of water

(1)  A person must not:
(a)  cause or allow a plumbing fitting to be used, or
(b)  cause or allow a plumbing fitting to be out of repair, or
(c)  cause or allow anything else to be done,
      so as to waste water supplied by a water supply authority.
(2)  A person must not cause or allow water supplied by a water supply authority to be used for the purpose of diluting anything whose discharge into a sewerage system requires a discharge approval under Subdivision 3 of Division 4.
(3)  A person must not cause or allow anything to be done so as to contaminate water within a water supply authority’s water supply system.

Maximum penalty: 20 penalty units.

122   Water to be taken through approved stoptaps

Except with the consent of the relevant water supply authority, a person must not take water from a water main otherwise than by means of a water supply service pipe that is connected to the water main by means of a stoptap approved by the water supply authority.

Maximum penalty: 20 penalty units.

123   Information regarding supply

(1)  A water supply authority may direct an owner or occupier of land to furnish it with such information in that person’s knowledge as is necessary to enable the water supply authority to assess the quantity of water supplied to the land.
(2)  It is an offence for a person to fail to comply with a direction under this clause.

Maximum penalty: 10 penalty units.

124   Consents may be conditional, and may be varied and revoked

A consent given by a water supply authority for the purposes of this Subdivision is to be in writing, may be given unconditionally or subject to conditions and may be varied or revoked by the water supply authority (by written notice served on the holder of the consent) at any time and for any reason.

Subdivision 3 Meters

125   Measurement of water supply

(1)  The supply of water from a water main to any land is to be measured by means of a meter provided by, or in some other manner approved by, the relevant water supply authority.
(2)  In the absence of evidence to the contrary, the quantity of water supplied from a water supply system is taken to be the quantity registered by such a meter.

126   Property in meters

Any meter or plumbing fitting provided by a water supply authority, and connected to or forming part of a water supply service pipe, remains the property of the authority.

127   Access to meters

If a meter for any land is so installed or located that it cannot be conveniently read or examined, the owner of the land:
(a)  must cause the meter to be re-positioned, or
(b)  must take such other action as is necessary to enable the meter to be conveniently read or examined,
in accordance with the directions of the relevant water supply authority.

Maximum penalty: 10 penalty units.

128   Care of meters

(1)  An occupier of land, or an owner of unoccupied land, must keep protected from damage any meter and meter fittings that are connected to or form part of a water supply service pipe for the land.

Maximum penalty: 10 penalty units.

(2)  An occupier of land, or an owner of unoccupied land, is liable to a water supply authority for the cost of repairing any damage caused to a meter by a failure to comply with subclause (1).

129   Discontinuance of use of meters

An occupier of land, or an owner of unoccupied land, who intends to discontinue the use of a meter provided by a water supply authority must give it at least 14 days’ written notice of that fact.

Maximum penalty: 10 penalty units.

130   Testing of meters

(1)  An owner or an occupier of land for which a meter has been installed may apply to the relevant water supply authority to have the meter tested.
(2)  An application to have a meter tested must be in a form approved by the water supply authority.
(3)  If, on being tested, a meter registers less than 3 per cent above the quantity of water passed through it, the person who required the test must pay such fee as the water supply authority determines for the expenses of the test.
(4)  If, on being tested, a meter registers 3 per cent or more above the quantity of water passed through it:
(a)  an adjustment proportionate to the percentage of error is to be made in the reading objected to and in any further reading up to the time of removal of the meter, and
(b)  the water supply authority is to bear the expenses of the test.
(5)  No adjustment is to be made if a meter registers within 3 per cent of the quantity of water passed through it.
(6)  If, at any reading, a meter is registering inaccurately or has ceased to register, the water supply authority is entitled to adjust the charge for water supplied during the period to which the reading relates on the basis of a daily consumption equal to the average daily consumption during a corresponding previous period.
(7)  If there was no reading for a corresponding previous period, or if the water supply authority is of the opinion that an adjustment on the basis of such a period would not be reasonable, it may assess the quantity of water used or may adjust the charge on such other basis as may be mutually agreed on between it and the consumer.

131   Installation of meters

(1)  A water supply authority may install, and may charge hire for:
(a)  meters for measuring the quantity of water supplied, and
(b)  pipes and apparatus for the conveyance, reception and storage of water.
(2)  Alternatively, a water supply authority may require a person requiring a supply of water:
(a)  to install the appropriate meters, pipes or apparatus in accordance with its requirements, and
(b)  to maintain them in good working order.

Subdivision 4 Fire hydrants

132   Installation of fire hydrants

(1)  A water supply authority must install fire hydrants in its water mains at such convenient distances, and at such places, as are necessary for the ready supply of water to control and extinguish fires.
(2)  Subclause (1) does not apply:
(a)  so as to require fire hydrants to be installed in any water main that is less than 100 millimetres in diameter, or
(b)  so as to require fire hydrants to be installed if the water supply system is not sufficient for the operation of fire hydrants,
      in which case the water supply authority may provide other means for the ready supply of water to control and extinguish fires.
(3)  A water supply authority may, at the request and expense of the owner or occupier of any building, install a fire hydrant for use for controlling or extinguishing fires in or in the vicinity of the building.
(4)  A water supply authority may remove any fire hydrant referred to in subclause (1) if it is satisfied on reasonable grounds that the hydrant is no longer needed.

133   Maintenance of fire hydrants

A water supply authority must ensure that all fire hydrants installed by it are maintained in effective working order.

134   Supply of water to fire hydrants

A water supply authority must at all times keep charged with water any water main or pipe supplying water to a fire hydrant installed by it, unless prevented from doing so:
(a)  by drought or other emergency, or
(b)  while necessary repairs to the water main, pipe or hydrant are being carried out.

135   Use of fire hydrants by authorised persons

Any person authorised to do so by the water supply authority may take water from a fire hydrant, without charge, for the purpose of controlling or extinguishing fires.

Subdivision 5 Water restrictions

136   Restrictions on use of water during periods of shortage

(1)  If a water supply authority considers it necessary to do so in order to conserve supplies of water in time of drought or other emergency, it may, by a notice under this clause, regulate or restrict any of the following:
(a)  the purposes for which water may be used,
(b)  the times when water may be used,
(c)  the quantities of water that may be used,
(d)  the means or methods by which water may be used.
(2)  A notice made by a water supply authority under this clause:
(a)  may apply to the whole of its area of operations or to such part of that area as is specified in the notice, and
(b)  has effect despite the provisions of any contract relating to the supply of water by the authority.
(3)  A notice made by a water supply authority under this clause:
(a)  is to be published in a newspaper circulating in its area of operations, and
(b)  takes effect on the date specified in the notice (being a date that is not earlier than the date on which the notice is published).
(4)  A person must not use water contrary to a notice under this clause.

Maximum penalty: 20 penalty units.

(5)  Nothing in this clause authorises the use of water contrary to any restriction or requirement imposed under the Essential Services Act 1988.

Division 4 Sewerage

Subdivision 1 Preliminary

137   Application

(1)  This Division (other than Subdivision 3) applies to and in respect of the sewerage systems of the following water supply authorities:
(a)  Essential Energy,
(b)  Gosford City Council,
(c)  Wyong Shire Council.
(2)  Subdivision 3 applies to and in respect of the sewerage systems of Essential Energy.
Note. Subdivision 3 deals with the discharge of matter into a water supply authority’s sewerage system. The discharge of matter into a local council’s sewerage system is dealt with not under that Subdivision but under Part 1 of Chapter 7 of the Local Government Act 1993.

Subdivision 2 Sewerage systems

138   Installation and maintenance of sewerage service by owner

(1)  An owner of land to which a sewer main is connected or available for connection must ensure that:
(a)  the installation of any sewerage service, and the connection of any such sewerage service to the sewer main, are done by the holder of a plumbing permit, and
(b)  any such sewerage service complies with the Plumbing Code of Australia, and is kept in good order and condition and free from blockages or leakages.

Maximum penalty: 20 penalty units.

(2)  In subclause (1), plumbing permit, in relation to a water supply authority, means:
(a)  a permit issued by the water supply authority under Subdivision 3 of Division 5, or
(b)  in the case of Gosford City Council or Wyong Shire Council, an approval to carry out sewerage work under Part 1 of Chapter 7 of the Local Government Act 1993.
(3)  This clause applies only in relation to work that is not plumbing and drainage work within the meaning of the Plumbing and Drainage Act 2011.
Note. On the commencement of section 7 of the Plumbing and Drainage Act 2011, plumbing and drainage work to which that Act applies must be code compliant under that Act. That Act requires the work to comply with the Plumbing Code of Australia and any other standards or requirements prescribed by the regulations under that Act.

139   Sewerage service not to be shared

(1)  A person must not:
(a)  operate or use a shared sewerage service, or
(b)  install, maintain or use a sewerage service for any land beyond the boundary of that land,
      without the consent of the relevant water supply authority.

Maximum penalty: 20 penalty units.

(2)  In subclause (1) (a), shared sewerage service means a sewerage service that extends over, or receives sewage from, 2 or more separately owned parcels of land.
(3)  Subclause (1) (b) does not prohibit the extension of a sewerage service beyond the boundaries of land for the purpose only of connecting the service to the water supply authority’s sewer main.
(4)  For the purposes of this clause, the separate lots in a strata scheme under the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986 are taken to constitute a single parcel of land.
(5)  This clause applies only in relation to work that is not plumbing and drainage work within the meaning of the Plumbing and Drainage Act 2011.

140   Consents may be conditional, and may be varied and revoked

A consent given by a water supply authority for the purposes of this Subdivision is to be in writing, may be given unconditionally or subject to conditions and may be varied or revoked by the water supply authority (by written notice served on the holder of the consent) at any time and for any reason.

Subdivision 3 Discharges into sewerage systems

141   Definitions

In this Subdivision:

approved discharge policy, in relation to a water supply authority, means a policy with respect to the discharge of substances into the water supply authority’s sewerage system that is approved by the Minister under clause 142.

discharge approval means an approval for the discharge of a substance into a water supply authority’s sewerage system.

142   Discharge policies

(1)  A water supply authority may apply to the Minister for approval of a policy with respect to the discharge of substances into its sewerage system.
(2)  The Minister may approve a policy in the form in which it has been submitted for approval, may approve the policy with specified modifications or may refuse to approve the policy.
(3)  A policy is not to be approved under this clause unless it contains provisions with respect to each of the following matters:
(a)  the classification of different categories of substances, including:
(i)  categories of exempt substances for which no discharge approval is required, and
(ii)  categories of prohibited substances for which no discharge approval is to be granted,
(b)  the procedures to be followed by a water supply authority in dealing with an application for a discharge approval, including the matters to be taken into consideration by the water supply authority when dealing with such an application,
(c)  the conditions to be met in relation to discharge approvals, including (in particular) conditions as to the concentration limits of substances to be discharged,
(d)  the charging methods to be applied with respect to discharges,
(e)  such other matters as the Minister may determine.
(4)  A water supply authority must not issue a discharge approval under this Subdivision otherwise than in accordance with a discharge policy approved under this clause.

143   Discharges require discharge approval

(1)  A person must not cause or allow anything (including stormwater) to be discharged, whether directly or indirectly, into a water supply authority’s sewerage system otherwise than in accordance with a discharge approval.

Maximum penalty: 20 penalty units.

(2)  Subclause (1) does not apply to the discharge into a water supply authority’s sewerage system of the following substances:
(a)  kitchen, laundry, bathroom and toilet waste from residential premises, and backwash from swimming pools situated on residential premises,
(b)  bathroom and toilet waste from commercial and industrial premises,
(c)  kitchen waste from individual caravan park sites,
(d)  laundry waste from common caravan park facilities,
(e)  any substance that is exempted from the requirements of subclause (1) by the water supply authority’s approved discharge policy.
(3)  Subclause (2) does not authorise the discharge into a water supply authority’s sewerage system, otherwise than in accordance with a discharge approval, of the contents of any human waste storage facility (within the meaning of the Local Government Act 1993).

144   Application for discharge approval

(1)  An application for a discharge approval:
(a)  must be made in a form approved by the water supply authority, and
(b)  must be accompanied by:
(i)  plans and specifications of any plumbing work to be done pursuant to the approval, and
(ii)  plans and specifications of any apparatus to be used pursuant to the approval, and
(iii)  details of the nature and quantity of the waste to be discharged pursuant to the approval, and the frequency or rate at which it is to be discharged, and
(iv)  such other documentation as the water supply authority may require, and
(v)  in the case of an application for a discharge approval with respect to land, the consent in writing of the owner of the land, and
(c)  must be lodged personally or by post at an office of the water supply authority.
(2)  An applicant must pay the fee determined by a water supply authority for the issue of a discharge approval.
Note. Section 344 of the Act provides that it is an offence to make a false or misleading application.

145   Conditions of discharge approvals

(1)  A water supply authority may grant a discharge approval subject to conditions.
(2)  Such a condition may do one or more of the following:
(a)  it may require that the volume of substances discharged pursuant to the discharge approval be measured or determined by a meter or other device specified by the water supply authority,
(b)  it may specify:
(i)  the maximum aggregate daily quantity of substances to be discharged, and
(ii)  the characteristics of the substances permitted to be discharged, and
(iii)  the maximum permissible rate of discharge, and
(iv)  the times during which the discharge is permitted, and
(v)  the size and capacity of the drain for conveying substances into the water supply authority’s sewerage system,
(c)  it may require that specified measures be taken to ensure that any or all of the following requirements are complied with:
(i)  that the aggregate daily quantity of substances discharged does not exceed a specified quantity,
(ii)  that the rate of discharge of substances does not exceed a specified rate,
(iii)  that the size and capacity of the drain for conveying substances into the water supply authority’s sewerage system are in accordance with specified requirements as to size and capacity,
(iv)  that substances are discharged only during specified times,
(v)  that the volume of substances discharged is measured or determined by a specified meter or other device,
(vi)  that specified modifications to works from which the substances arise, or to works for treating the substances, are carried out.
(3)  From time to time, a water supply authority:
(a)  may vary or revoke the conditions of a discharge approval, or
(b)  may impose further conditions on a discharge approval.
(4)  A person must not contravene a condition of a discharge approval.

Maximum penalty: 20 penalty units.

146   Duration of discharge approvals

(1)  Unless sooner suspended or cancelled, a discharge approval has effect:
(a)  for such period as is specified in the approval, or
(b)  if no such period is so specified, for 5 years,
      from the date on which it is granted.
(2)  A water supply authority may, on the application of the holder of a discharge approval, extend the period for which the approval has effect.

147   Renewal of discharge approvals

(1)  An application for renewal of a discharge approval:
(a)  must be made in a form approved by the relevant water supply authority, and
(b)  must be lodged personally or by post at an office of the relevant water supply authority.
(2)  An applicant must pay the fee determined by the relevant water supply authority for the renewal of a discharge approval.
(3)  Clauses 144, 145 and 146 apply to an application for the renewal of a discharge approval in the same way as they apply to an application for a discharge approval.
Note. Section 344 of the Act provides that it is an offence to make a false or misleading application.

148   Suspension or cancellation of discharge approval

(1)  A water supply authority may, by written notice served on the holder of a discharge approval, suspend or cancel the approval if:
(a)  the approval has been granted on the basis of false or misleading information, or
(b)  the holder of the approval has contravened a condition of the approval, or
(c)  the holder of the approval has contravened the Act, this Regulation or a direction under the Act or this Regulation.
(2)  The notice must set out the reason for the suspension or cancellation.
(3)  A water supply authority may suspend or cancel a discharge approval at the request of the holder of the approval.

Division 5 Plumbing fittings, plumbing work and plumbing permits

Subdivision 1 Preliminary

149   Application of Division after commencement of Plumbing and Drainage Act 2011

(1)  This Division applies to any plumbing work that affects a water supply authority and which is carried out in the area of operations of Essential Energy, but not to plumbing and drainage work within the meaning of the Plumbing and Drainage Act 2011.
(2)  In this clause, plumbing work that affects a water supply authority means work comprising or affecting:
(a)  a water service or its connection to a water supply authority’s water supply system, or
(b)  a sewerage service or its connection to a water supply authority’s sewerage system.
Note. The Plumbing and Drainage Act 2011 sets out standards and other requirements for plumbing and drainage work within the meaning of that Act.

150   Definitions

In this Part:

authorised plumbing fitting means a plumbing fitting that is authorised for use under clause 164 within the area of operations of the relevant water supply authority.

certificate of compliance means a certificate of the kind referred to in clause 154.

Note. A certificate of compliance under this Division is not to be confused with a certificate of compliance granted under section 307 of the Act in relation to the carrying out of development within a water supply authority’s area of operations.

plumbing permit means a permit issued under Subdivision 3.

plumbing work means plumbing work to which this Division applies.

working day means a day that is not a Saturday, Sunday or public holiday.

Subdivision 2 Plumbing work

151   Permit required for plumbing work

(1)  A person must not do plumbing work otherwise than in accordance with a plumbing permit authorising the person to do the work.

Maximum penalty: 20 penalty units.

(2)  A person is not guilty of an offence against this clause if:
(a)  the work is done in an emergency:
(i)  to prevent waste of water, or
(ii)  to restore a water supply that has been shut off to prevent waste of water, or
(iii)  to free a choked pipe, or
(iv)  to prevent damage to property, and
(b)  the person applies for a plumbing permit for the work within 2 working days after the work is done.
(3)  This clause does not apply to or in respect of plumbing work done by an employee of a water supply authority.
(4)  A water supply authority may grant plumbing permits for the purposes of this clause in accordance with the Plumbing Code of Australia.

152   Plumbing work to comply with specified standards

A person must not do plumbing work otherwise than in accordance with the Plumbing Code of Australia.

Maximum penalty: 20 penalty units.

153   Plumbing work to use authorised plumbing fittings

A person must not use any plumbing fitting for plumbing work unless it is an authorised plumbing fitting.

Maximum penalty: 20 penalty units.

154   Certificate of compliance following completion of plumbing work

(1)  A person who does plumbing work must, within 48 hours after completing the work:
(a)  give a water supply authority a certificate of compliance duly completed and signed by the person, and
(b)  give a copy of the certificate to the owner of the land on which the work was done or to which the work was connected.

Maximum penalty: 20 penalty units.

(2)  A certificate of compliance must be in a form approved by the relevant water supply authority and must certify that the plumbing work to which it relates has been completed in accordance with the Plumbing Code of Australia.
(3)  A person must not, in a certificate of compliance, provide information that the person knows to be false or misleading in a material particular.

Maximum penalty: 20 penalty units.

(4)  This clause does not apply to or in respect of plumbing work done by an employee of a water supply authority.

155   (Repealed)

156   Rectification of defective plumbing work

(1)  A water supply authority may, by written notice served on a person who is doing plumbing work, direct the person:
(a)  to repair, as specified in the notice, work done otherwise than in a professional manner, or
(b)  to bring into conformity with the Plumbing Code of Australia work done otherwise than in accordance with that Code, or
(c)  to bring into conformity with the conditions imposed on a plumbing permit work done otherwise than in accordance with those conditions, or
(d)  to repair or replace, as specified in the notice, a defective plumbing fitting used in any of the work done, or
(e)  to bring into conformity with its approval any plumbing fitting that does not comply with the approval.
(2)  A person to whom such a direction is given must not fail to comply with the direction.

Maximum penalty: 20 penalty units.

(3)  If a direction is given to a person before a certificate of compliance is given for the work, the person must not continue with the work until the direction has been complied with.

Maximum penalty: 20 penalty units.

(4)  A direction is of no effect if it is issued more than 2 years after the work to which it relates has been completed.

157   Exemption from certain requirements

(1)  A water supply authority may exempt all persons, or any specified class of persons, from any or all of the following requirements of this Subdivision:
(a)  the requirement to hold a plumbing permit authorising the doing of plumbing work,
(b)  the requirement to complete a certificate of compliance with respect to plumbing work,
(c)  the requirement to use only authorised plumbing fittings for plumbing work.
(2)  An exemption under subclause (1) (a) or (b) may relate to plumbing work generally or to any specified kind or kinds of plumbing work.
(3)  An exemption under subclause (1) (c) may relate to plumbing fittings generally or to any specified kind or kinds of plumbing fitting.
(4)  A water supply authority may vary or revoke any exemption under this clause.
(5)  Notice of any exemption granted under this clause, or of any variation or revocation of such an exemption, may be given in such manner as a water supply authority considers appropriate.
(6)  A person in respect of whom an exemption under this clause ceases to have effect by reason only of the fact that the exemption is varied or revoked is not guilty of an offence in respect of any act or omission unless it is established that he or she was aware of that fact when the act or omission occurred.
(7)  A person is taken to be aware that an exemption has been varied or revoked if written notice of that fact is served on the person, either personally or by post.
(8)  Subclause (7) does not limit any other circumstances in which a person may be taken to be aware of the fact that an exemption has been revoked or varied.

158   (Repealed)

Subdivision 3 Plumbing permits

159   Application for plumbing permit

(1)  An application for a plumbing permit:
(a)  must be made in a form approved by the relevant water supply authority, and
(b)  must be lodged personally or by post at an office of the relevant water supply authority.
Note. Section 344 of the Act provides that it is an offence to make a false or misleading application.
(2)  The application must be lodged at least 2 working days before the day on which the work to which the application relates is proposed to be done.
(3)  An applicant must pay the fee determined by the relevant water supply authority for the issue of a plumbing permit.

160   Refusal of plumbing permits

(1)  A water supply authority may refuse to grant a plumbing permit to a person who, in its opinion, has previously done plumbing work in contravention of the Act, this Regulation or a direction under the Act or this Regulation.
(2)  A water supply authority may also refuse to grant a plumbing permit to a person while any relevant information that was not supplied with the application and that has been requested by it from the applicant is outstanding.

161   Conditions of plumbing permits

(1)  A water supply authority may grant a plumbing permit subject to conditions.
(2)  From time to time, a water supply authority:
(a)  may vary or revoke the conditions of a plumbing permit, or
(b)  may impose further conditions on a plumbing permit.
(3)  A person must not contravene a condition of a plumbing permit.

Maximum penalty: 20 penalty units.

162   Duration of plumbing permits

Unless sooner suspended or cancelled, a plumbing permit has effect from the time it is granted until such time as it is expressed to expire.

163   Suspension or cancellation of plumbing permits

(1)  A water supply authority may, by written notice served on the holder of a plumbing permit, suspend or cancel the permit if:
(a)  the permit was granted on the basis of false or misleading information, or
(b)  the holder of the permit has contravened a condition of the permit, or
(c)  the holder of the permit has contravened the Act, this Regulation or a direction under the Act or this Regulation.
(2)  The notice must set out the reason for the suspension or cancellation.
(3)  A water supply authority may suspend or cancel a plumbing permit:
(a)  at the request of the holder of the permit, or
(b)  in the case of a plumbing permit, at the request of the owner of the land on which the work authorised by the permit is to be, or is being, done.

Subdivision 4 Authorisation of plumbing fittings

164   Authorisation of plumbing fittings

(1)  A water supply authority may authorise plumbing fittings for use in connection with plumbing work.
(2)  Before authorising a plumbing fitting of a particular kind, a water supply authority:
(a)  may require:
(i)  a fitting of that kind to be submitted to it for examination and testing, or
(ii)  submission to it of a satisfactory result of tests of a fitting of that kind carried out by a person or body approved by it, and
(b)  may require fittings of that kind to be manufactured under a system of quality assurance approved by it.
(3)  A water supply authority must not authorise a particular kind of plumbing fitting unless it is satisfied that it complies with the requirements of MP52—2005.
(4)  In this clause, MP52—2005 means the document entitled Manual of authorization procedures for plumbing and drainage products, published by Standards Australia, seventh edition (2005).

Division 6 Special areas

Subdivision 1 Preliminary

165   Application

This Division applies to special areas in the area of operations of Essential Energy.

166   Definitions

In this Part:

public land means:

(a)  land owned or vested in Essential Energy, or
(b)  Crown land within the meaning of the Crown Lands Act 1989.

restricted portion, in relation to the Stephens Creek and Umberumberka Creek Special Areas, means:

(a)  Stephens Creek Reservoir, and the area of land surrounding the reservoir, as shown by hatched edging on the map in Part 2 of Schedule 7, and
(b)  Imperial Lake, and the area of land surrounding the lake, as shown by hatched edging on the map in Part 3 of Schedule 7, and
(c)  Umberumberka Reservoir, and the area of land surrounding the reservoir, as shown by hatched edging on the map in Part 4 of Schedule 7.

rural portion, in relation to the Stephens Creek, Umberumberka Creek and Yancowinna Creek Special Areas, means such part of those areas as is situated outside the City of Broken Hill, and includes such part of the City of Broken Hill as comprises Willyama Common.

special area means any of the following areas:

(a)  Stephens Creek Special Area,
(b)  Umberumberka Creek Special Area,
(c)  Yancowinna Creek Special Area.

Stephens Creek Special Area means the area described in a proclamation under the former Broken Hill Water and Sewerage Act 1938 published in Gazette No 8 of 19 January 1940 at page 181, being the land described as the Stephens Creek Special Area on the map in Part 1 of Schedule 7.

Umberumberka Creek Special Area means the area described in a proclamation under the former Broken Hill Water and Sewerage Act 1938 published in Gazette No 8 of 19 January 1940 at page 181, being the land described as the Umberumberka Creek Special Area on the map in Part 1 of Schedule 7.

Yancowinna Creek Special Area means the area described in a proclamation under the former Broken Hill Water and Sewerage Act 1938 published in Gazette No 8 of 19 January 1940 at page 181, being the land described as the Yancowinna Creek Special Area on the map in Part 1 of Schedule 7.

Subdivision 2 Special areas generally

167   Livestock farming

(1)  A person must not:
(a)  erect, maintain or use any building or structure in connection with the raising of cattle, sheep, pigs or poultry, or
(b)  engage in any intensive agricultural activity (such as an animal feedlot),
      on land in a special area.

Maximum penalty: 20 penalty units.

(2)  This clause does not apply to anything that is done in accordance with:
(a)  the consent of Essential Energy, or
(b)  a development consent in force under the Environmental Planning and Assessment Act 1979.

168   Sewage disposal

A person must not install, maintain or use any sewage collection, treatment or disposal system on land in a special area without the consent of Essential Energy.

Maximum penalty: 20 penalty units.

169   Notification of waterborne infectious diseases

An owner or occupier of land in a special area who becomes aware that any person, animal or property in a special area is carrying, infected with or affected by any waterborne infectious disease must notify Essential Energy of that fact within 24 hours after first becoming so aware.

Maximum penalty: 20 penalty units.

170   Slaughtering

(1)  A person must not slaughter a beast in any manner or under any circumstances or conditions so as to pollute, or cause a reasonable risk of polluting, the water supply in a special area.
(2)  A person who slaughters a beast in a special area must immediately:
(a)  collect all blood, offal and refuse products, and
(b)  deposit all blood, offal and refuse products in a receptacle made of metal or some other non-absorbent material, and
(c)  remove all blood, offal and refuse products from the special area and dispose of them in a manner that avoids pollution of the water supply in that area.
(3)  A person who slaughters a beast in a special area must, as soon as practicable after doing so, thoroughly wash and clean the premises where the slaughter took place.

Maximum penalty: 20 penalty units.

171   Stock control

The owner or person in charge of any stock must ensure that the stock does not enter any public land in a special area.

Maximum penalty: 20 penalty units.

Subdivision 3 Rural portions of special areas

172   Application of Subdivision

This Subdivision applies to the rural portion of the Stephens Creek, Umberumberka Creek and Yancowinna Creek Special Areas.

173   Destruction or removal of timber

(1)  A person must not, without the consent of Essential Energy, destroy, cut, damage or remove any tree or shrub in the rural portion of a special area.

Maximum penalty: 20 penalty units.

(2)  This clause does not apply to land that is privately owned, nor does it affect the rights conferred on the holder of a licence granted under the Forestry Act 2012.

174   Waste and pollutants

(1)  A person must not bring into the rural portion of a special area, or use or leave in the rural portion of a special area, any waste or pollutant.

Maximum penalty: 20 penalty units.

(2)  In this clause:

pollutant means anything that causes pollution within the meaning of the Protection of the Environment Operations Act 1997.

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

175   Erection and alteration of buildings and structures

A person must not:
(a)  erect any building or structure, or
(b)  carry out any work, or
(c)  alter or extend any existing building, structure or work,
in the rural portion of a special area without the consent of Essential Energy.

Maximum penalty: 20 penalty units.

176   Pesticides and pest control

(1)  A person must not:
(a)  bring into, or use or keep in, the rural portion of a special area any pesticide, herbicide or other toxic material, or
(b)  take steps to control or eradicate by the use of pesticides, herbicides or other toxic materials any feral animal, animal pest or noxious weed in the rural portion of a special area, without the consent of Essential Energy.

Maximum penalty: 20 penalty units.

(2)  In this clause:

herbicide means any substance that is capable of destroying plants or preventing the spread of plants.

noxious weed has the same meaning as it has in the Noxious Weeds Act 1993.

pesticide has the same meaning as it has in the Pesticides Act 1999.

Subdivision 4 Restricted portions of special areas

177   Application of Subdivision

This Subdivision applies to the restricted portion of the Stephens Creek and Umberumberka Creek Special Areas.

178   Entry

A person must not enter or remain in the restricted portion of a special area without the consent of Essential Energy.

Maximum penalty: 10 penalty units.

179   Fishing

A person must not fish in any waters in the restricted portion of a special area without the consent of Essential Energy.

Maximum penalty: 10 penalty units.

180   Fees and charges

(1)  Essential Energy may from time to time determine the fees and charges payable in respect of the entry of persons and vehicles into the restricted portion of a special area, either for tours or for recreational purposes.
(2)  An authorised officer may refuse to allow a person to enter the restricted portion of a special area if the person fails to pay any such fee or charge.

181   Prohibited conduct

A person must not:
(a)  destroy, capture, injure or annoy an animal in the restricted portion of a special area, or
(b)  interfere with an animal, or interfere with the habitat of an animal, in the restricted portion of a special area, or
(c)  bury a human or animal body in the restricted portion of a special area, or
(d)  swim or wash in any waters in the restricted portion of a special area, or
(e)  cause any animal, animal matter, plant or plant matter to enter or remain in any waters in the restricted portion of a special area, or
(f)  drive, row, sail or paddle any boat or other waterborne craft on any waters in the restricted portion of a special area, or
(g)  remove or damage a plant, shrub or tree growing in the restricted portion of a special area, or
(h)  drive or ride a vehicle or ride or lead an animal into or on the restricted portion of a special area, or
(i)  bring into or have in the person’s possession in the restricted portion of a special area a firearm, imitation firearm or prohibited weapon (within the meaning of the Firearms Act 1996 or the Weapons Prohibition Act 1998) unless the person is a police officer on duty, or
(j)  land an aircraft (including an ultra-light aircraft, hang-glider or balloon) on the restricted portion of a special area, or
(k)  sell or offer for sale any goods on or by any public road in the restricted portion of a special area,
without the consent of Essential Energy.

Maximum penalty: 10 penalty units.

182   Gates not to be opened

A person must not:
(a)  remove anything that bars entry to public land in the restricted portion of a special area, or
(b)  open any gate to any public land in the restricted portion of a special area,
without the consent of Essential Energy.

Maximum penalty: 10 penalty units.

183   Camping and picnicking

(1)  Essential Energy may reserve any portion of public land in the restricted portion of a special area for camping or picnicking by means of signs displayed on or adjacent to the portion.
(2)  Essential Energy may impose conditions, including conditions requiring the payment of fees, subject to which a reserved portion of land may be used for camping or picnicking.
(3)  A person must not camp or picnic on public land in the restricted portion of a special area otherwise than:
(a)  in a place reserved for that purpose, and
(b)  in accordance with any conditions subject to which that place may be so used.

Maximum penalty: 10 penalty units.

(4)  In this clause, camp means reside temporarily, whether or not in a tent, caravan, cabin or other structure.

184   Fires

A person must not:
(a)  light a fire in the restricted portion of a special area otherwise than in a fireplace approved by Essential Energy, or
(b)  do anything in the restricted portion of a special area that may cause fire to spread beyond such a fireplace.

Maximum penalty: 10 penalty units.

Subdivision 5 Miscellaneous

185   Consents may be conditional, and may be varied and revoked

A consent given by Essential Energy for the purposes of this Division is to be in writing, may be given unconditionally or subject to conditions and may be varied or revoked by it (by written notice served on the holder of the consent) at any time and for any reason.

186   Investigation of suspected contraventions

(1)  An authorised officer who has reason to believe that a person in a special area has in his or her possession or control anything that, in the officer’s opinion, has been, is being or is about to be used in connection with a contravention of this Division may request the person to do either or both of the following:
(a)  to surrender any such thing to the authorised officer,
(b)  to make available for inspection by the authorised officer any vehicle or receptacle in which the officer suspects any such thing to be concealed.
(2)  If a person fails to comply with the request, the authorised officer may direct the person to leave the special area.
(3)  A person to whom such a direction is given must immediately comply with the direction.

Maximum penalty: 20 penalty units.

187   Notice by public agencies

For the purposes of section 304 (1) of the Act, the notice to be given to Essential Energy of the proposed exercise of a function by a public agency in relation to land in a special area:
(a)  must be in writing, and
(b)  must be sent by post to or lodged at any of its offices, and
(c)  must contain a full description of the proposed function, including any associated activities, and a statement of the objectives of the proposed function, and
(d)  must be given at least 28 days before the function is proposed to be exercised.

Division 7 Finance generally

Subdivision 1 Preliminary

188   Application

This Division applies to and in respect of the following water supply authorities and to and in respect of matters arising within the areas of operations of those authorities:
(a)  Essential Energy,
(b)  Gosford City Council,
(c)  Wyong Shire Council,
(d)  Cobar Water Board,
(e)  State Water Corporation,
(f)  (Repealed)
(g)  the Sydney Olympic Park Authority.

189   Definitions

In this Part, land means:
(a)  a parcel within the meaning of the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986, or
(b)  an existing lot within the meaning of the Conveyancing Act 1919.

Subdivision 2 Service charges and other charges

190   Fees and charges other than service charges

The fees and charges (other than service charges) that a water supply authority may, under section 310 (2) of the Act, impose for goods supplied, or for services provided, are to be determined by resolution.

191   Classification of land

(1)  For the purposes of section 313 of the Act, a water supply authority may classify land for the purpose of levying service charges according to one or more of the following factors:
(a)  the purpose for which the land is actually being used,
(b)  the intensity with which the land is being used for that purpose,
(c)  the purposes for which the land is capable of being used,
(d)  the nature and extent of any water supply, sewerage or drainage systems connected to, or available for connection to, the land.
(2)  (Repealed)

192   Basis of levying service charges

(1)  For the purposes of section 314 of the Act, a water supply authority may levy service charges according to one or more of the following bases:
(a)  on the basis of the availability of the service (the access component),
(b)  on the basis of the usage of the service (the usage component).
(2)  The access component may vary according to any of the following:
(a)  the size of the water meter registering water supply to the land,
(b)  the nominal size of the water supply service pipe supplying water to the land,
(c)  the cost of providing the service, as assessed by the authority,
(d)  the classification of the land, as determined by the authority under this Subdivision.
(3)  The usage component may vary:
(a)  in the case of a water service charge, according to the volume of water supplied to the land concerned, or
(b)  in the case of any other service charge, according to the degree of use of the service, as assessed by the authority.
(4)  For the purposes of subclause (2) (b), the nominal size of a water supply service pipe supplying water to land is:
(a)  the nominal size of the pipe at the point where it joins the water meter registering water supply to the land, or
(b)  if there is no such water meter the nominal size of the pipe at the point where it joins the water supply authority’s water main.
(5)  In this clause, nominal size has the same meaning as nominal size (DN) has in the document entitled AS/NZS 3500:2003 Plumbing and Drainage, as in force from time to time, published by Standards Australia.

193   (Repealed)

194   Method of levying service charge on dwelling under company title

(1)  For the purposes of this Regulation:
(a)  a person who, because of the ownership of shares in a company, is entitled to occupy a dwelling in a building containing 2 or more such dwellings is taken to be the owner of the land comprising the dwelling, and
(b)  the service charge for the dwelling is to be an amount that bears the same proportion to the service charge for the building as the number of shares in the company owned by the person bears to the total number of shares issued by the company.
(2)  The secretary of such a company must notify the water supply authority of:
(a)  the names and addresses of all owners of shares in the company and of the number of shares held by each owner, and
(b)  changes in ownership of any shares in the company.
(3)  A service charge is not payable by the company to the extent to which it is payable by the owners of shares in the company.

195   Determination of service charges

A determination by a water supply authority under section 315 (1) of the Act is to be made by resolution.

196   Approval of service charge determinations

(1)  Approval of a water supply authority’s determination for any charging year under section 315 (1) of the Act is not to be granted unless:
(a)  a strategic business plan for the water supply authority has been approved by the Minister under clause 115 within the last 4 years, and
(b)  the water supply authority has furnished the Minister with a performance report with respect to the exercise of its functions under the Act during the charging year last ended.
(2)  The performance report referred to in subclause (1) (b) must comply with such requirements as the Minister may from time to time determine.

197   Payment of service charges and other charges

Payment to a water supply authority of a service charge or other charge:
(a)  is due within the time, and
(b)  may be made in any manner,
notified by the authority when giving notice of the service charge or other charge.

198   Payment by instalments

(1)  A water supply authority may notify a person liable to pay service charges levied, or other charges imposed, that payment of the service charges or other charges may be made to the authority by a stated number of instalments of specified amounts.
(2)  If there is a failure to make a payment in accordance with the notification, the total unpaid balance may be treated by the water supply authority as an overdue amount of service charges or other charges even if payment by instalments had commenced.

199   General power to defer or waive payment of service charges or other charges or fees

(1)  A water supply authority may, if of the opinion that reasonable cause has been shown:
(a)  defer payment of a service charge, or any other charge or fee, on such conditions as it thinks fit, or
(b)  waive such a payment or any part of it.
(2)  A water supply authority may establish an account from which to fund any such deferral or waiver.

200   Adjustment of service charge

(1)  If a service charge has been levied on land on the basis of a classification made by a water supply authority under this Subdivision and the water supply authority later decides that the classification was incorrect, it must adjust the service charge according to the correct classification.
(2)  If a service charge has been levied, or has been adjusted under subclause (1), on land on the basis of a classification made by a water supply authority under this Subdivision and the land later ceases to belong to that class, the water supply authority must adjust the service charge according to the new classification, on and from the date of the change of classification.
(3)  If the water supply authority has not acted under subclause (1) or (2) and an application for it to do so is made to the authority in writing stating the grounds of the application, the authority:
(a)  may act under subclause (1) or (2) or may refuse to do so, and
(b)  must give the applicant written notice of its decision.
(4)  If a service charge is adjusted under this clause, the water supply authority:
(a)  must give written notice of the adjustment to the person liable to pay the service charge, and
(b)  may recover any increase as if it were part of the service charge, even if an objection or appeal has been lodged but not determined, and
(c)  must refund any amount by which a service charge already paid has been decreased, or credit the amount towards payment of any amount then payable by the person liable to pay the service charge to the authority.

201   Objection to levying of service charge

(1)  If a service charge is levied on land on the basis of a classification made by a water supply authority under this Subdivision, the person liable to pay the service charge may, within one month after being served with notice of the levying of the service charge, object to the service charge.
(2)  An objection under this clause may be made only on the ground that the classification of the land according to which the service charge was levied was incorrect.

202   Objection to adjustment of service charge

(1)  If an adjustment results in a service charge being increased, the person liable to pay the amount of the increase may, within one month after being given notice of the increase, object to the adjustment.
(2)  An objection under this clause may be made only on the ground that the classification of the land according to which the service charge was adjusted was incorrect.

203   Objection to refusal to adjust service charge

(1)  If an application is made to a water supply authority for an adjustment of a service charge and the water supply authority:
(a)  refuses to adjust the service charge, or
(b)  refuses to adjust the service charge in the manner sought in the application,
      the applicant may, within one month after being notified of the refusal, object to the refusal.
(2)  An objection under this clause may be made only on the ground that the refusal by the water supply authority was incorrect.

204   Objections generally

(1)  An objection is to be made by lodging with the water supply authority, or by serving on it by post, a written statement of the ground for the objection and the reasons why the objector believes the ground exists.
(2)  A water supply authority:
(a)  may allow, or disallow, an objection, and
(b)  must give the objector written notice of its decision on the objection.

Subdivision 3 Drainage areas

205   Notice of drainage area

(1)  On the declaration under section 308 (2) of the Act of a drainage area for a water supply authority, the water supply authority must deposit a map of the drainage area in its office.
(2)  The water supply authority must make the map available for inspection at reasonable times during its ordinary office hours.
(3)  The water supply authority must serve on each owner of land in the drainage area, personally or by post at the address of the owner last known to it, a notice to the effect that:
(a)  the drainage area has been declared, and
(b)  a map of the drainage area may be inspected at a specified place or specified places, and
(c)  drainage service charges are to be levied on land in the drainage area within a specified time, and
(d)  an objection to inclusion of the owner’s land in the drainage area may be lodged with the water supply authority, but only on the ground that surface or run-off water could not drain from the objector’s land into the drainage area, and
(e)  an objection must be in writing and must be lodged with the water supply authority before a specified date (being a date that is not earlier than 14 days after service of the notice), and
(f)  an objection will be referred by the water supply authority to an adjudicator for determination, and
(g)  an objector is not entitled to appear, or be represented, before the adjudicator unless the adjudicator so orders.
(4)  The water supply authority:
(a)  must appoint an independent person (that is, a person who is not subject to its direction or control) to be the adjudicator with respect to objections arising from the declaration of a particular drainage area, and
(b)  must refer all duly lodged objections to the adjudicator, and
(c)  must serve notice of the adjudicator’s decision on each objection on the objector concerned, either personally or by sending it by post to the objector’s address last known to the authority.

Subdivision 4

206(Repealed)

Subdivision 5 Miscellaneous

207   Cutting off or restricting supply

A water supply authority may cut off or restrict the supply of water to land in any of the following circumstances:
(a)  if any service charges or other charges relating to the land are unpaid,
(b)  if the person requiring a supply of water:
(i)  fails to do anything that, under the Act or this Regulation, is required to be done to prevent waste, misuse, undue consumption, backflow or contamination of the water supplied by the water supply authority, or
(ii)  fails to comply with a notice under clause 136 regulating or restricting the use of water, or
(iii)  fails to comply with its conditions of supply, or
(iv)  fails to comply with its requirements in relation to the installation, repair or alteration of a meter for measuring water, or
(v)  fails to comply with its requirements, or any requirements of the Plumbing and Drainage Act 2011 or the regulations made under that Act, in relation to the installation, repair or alteration of water or sewerage connections, plumbing fittings or appliances connected, or intended to be connected, directly or indirectly to a water main or sewer main,
(c)  if it is necessary to do so:
(i)  in order to repair or alter any connections, plumbing fittings or appliances referred to in paragraph (b) (v), or
(ii)  in order to effect repairs or to clean a water main or sewer main, or
(iii)  in order to conserve supplies in time of drought or other emergency, or
(iv)  because of an accident.

208   Service of notices

(1)  A notice under the Act to a Government Department may be served on the Department Head.
(2)  A notice under the Act to a corporation constituted by or under an Act may be served:
(a)  by leaving it at the corporation’s registered office or principal place of business with a person who appears to be employed there and to be at least 16 years old, or
(b)  in any manner authorised by or under the Act by which the corporation is constituted.
(3)  A notice under the Act to a person liable for payment of a service charge or other charge, or to a person who is owner or occupier of land or a building, may be served:
(a)  personally, or
(b)  by leaving it, at the person’s residential or business address, with a person who appears to be employed or to reside there and to be at least 16 years old, or
(c)  by sending it by post to the person’s residential or business address last known to the water supply authority serving the notice, or
(d)  by affixing it to a conspicuous part of the land or building.
(4)  A notice under the Act may be served on a person who appears to be absent from the State, and who has authorised service on an agent, by serving it on the agent of the person as if the agent were the person to be served.
(5)  If a notice relates to unoccupied land and the address of the owner is not known to the water supply authority serving the notice, it may be served by an advertisement that:
(a)  is published in a newspaper circulating in its area, and
(b)  states the name of the owner of the land, if known to it, and
(c)  if the notice is notice of a service charge, states its amount, the period to which the charge relates and that a detailed notice of the service charge may be obtained at its offices, and
(d)  states that the advertisement operates as service of the notice.
(6)  It is a sufficient description of the addressee of a notice to be served if the notice specifies “the owner”, “the occupier” or other appropriate description.

209   Recording of service charge

(1)  A water supply authority must keep records relating to each service charge as required by the Minister and must keep the records in a manner approved by the Minister.
(2)  An amendment of the records kept under this clause may be made:
(a)  so as to insert the name of a person who claims to be, and is, entitled to be recorded as owner or occupier, or
(b)  so as to insert the name of a person to whom an account for a service charge should have been rendered or who has, since the levying of a service charge, become liable to pay it, or
(c)  so as to omit the name of a person whose name should not have been recorded, or
(d)  so as to vary the amount of a service charge, whether as a result of an error in recording or notifying it, as a result of an adjustment or objection or as a result of an appeal, or
(e)  so as to insert particulars of land that should have been the subject of a service charge, or
(f)  so as to make such other corrections as will ensure conformity of the records with the Act.
(3)  A liability to make a payment as a result of an amendment accrues on the making of the amendment, but the payment is not overdue if made within one month after written notice of the amendment, and of the resulting liability, has been given to the person liable.

Division 8 Concessions for eligible pensioners and others

Subdivision 1 Preliminary

210   Application

This Division (Subdivision 5 excepted) applies to and in respect of the following water supply authorities:
(a)  Essential Energy,
(b)  Cobar Water Board.

211   Definitions

(1)  In this Division:

eligible pensioner, in relation to a dwelling, means a person who occupies the dwelling as his or her sole or principal residence and:

(a)  who receives a pension, benefit or allowance under Chapter 2 of the Social Security Act 1991 of the Commonwealth, or a service pension under Part III of the Veterans’ Entitlements Act 1986 of the Commonwealth, and who is the holder of a pensioner concession card issued by or on behalf of the Commonwealth, or
(b)  who receives a pension from the Commonwealth Department of Veterans’ Affairs as:
(i)  the widow or widower of a member of the Australian Defence or Peacekeeping Forces, or
(ii)  the unmarried mother of a deceased unmarried member of either of those Forces, or
(iii)  the widowed mother of a deceased unmarried member of either of those Forces,
      and does not have income and assets that would prevent the person from being granted a pensioner concession card (assuming he or she was eligible for such a card), or
(c)  who receives a special rate of pension under section 24 of the Veterans’ Entitlements Act 1986 of the Commonwealth.

Gazetted amount means an amount specified by the Minister, by order published in the Gazette, for the purposes of this Division.

instalment, in relation to a service charge, means an instalment payable under clause 198 in respect of the charge.

nominal amount, in relation to the service charges payable for any land, means the lesser of the following amounts:

(a)  an amount equal to half of all service charges for that land for the current charging year,
(b)  an amount equal to:
(i)  except as provided by subparagraph (ii), the whole of the Gazetted amount, or
(ii)  if the only service charge payable for that land is a water service charge, half of the Gazetted amount.

service charge includes an instalment of a service charge.

water service charge includes a drainage service charge levied in conjunction with the water service charge.

(2)  In this Division, a reference to the time at which a service charge is levied is, in the case of an instalment of the service charge, a reference to the time at which the instalment is due for payment.

Subdivision 2 Reductions for pensioners

212   When entitlement arises

A water supply authority is to reduce a service charge under this Subdivision if:
(a)  an application for the reduction is made to it by an eligible pensioner, and
(b)  as at the day on which the service charge is levied or imposed, it is satisfied that the eligible pensioner is solely or jointly liable for payment of the charge, and
(c)  sufficient evidence is produced to it to enable the reduction to be calculated.

213   Reduction of total charges

An eligible pensioner who is liable for a service charge for any land for any charging year is required to pay, for all service charges payable for that land for that year, no more than an amount calculated by dividing the nominal amount in relation to those charges by the number of persons liable for those charges.

214   Reduction of instalments for charges

An eligible pensioner who is liable for an instalment of a service charge for any land for any charging year is required to pay, as an instalment for all service charges payable for that land for that year, no more than an amount calculated by:
(a)  dividing the nominal amount in relation to those charges by the number of persons liable for those charges, and
(b)  dividing the result of that division by the number of instalments payable in relation to those charges.

215   Application by person who becomes eligible pensioner after charge is levied

If a person becomes an eligible pensioner after the day on which a service charge is levied or imposed, the person is entitled to a reduction of the charge proportionate to the number of days remaining after the day on which the person becomes an eligible pensioner in the charging year for which the charge is levied or imposed.

Subdivision 3 Other reductions

216   Extension of reduction to avoid hardship

(1)  If the Minister considers it proper to do so to avoid hardship, the Minister may, by order, direct that:
(a)  a person specified in the order:
(i)  who occupies a dwelling as his or her sole or principal residence together with an eligible pensioner for whom the dwelling is his or her sole or principal residence, and
(ii)  who is jointly liable with that eligible pensioner or with that eligible pensioner and one or more other persons for a service charge for the land on which that dwelling is situated, and
(iii)  who would not otherwise be entitled to a reduction of the service charge under this Division, or
(b)  any person belonging to a class of persons specified in the order, being persons referred to in paragraph (a),
      is taken, for the purposes of this Division, to be or to have been an eligible pensioner.
(2)  If the Minister considers it proper to do so to avoid hardship, the Minister may, by order, direct that:
(a)  an eligible pensioner specified in the order who, although not liable, or although not liable jointly with one or more persons, to the whole of the service charges for the land on which that dwelling is situated:
(i)  has paid the whole of those charges for such period as, in the opinion of the Minister, warrants the making of such an order, or
(ii)  is, in the opinion of the Minister, likely to pay the whole of those charges in such circumstances as, in the opinion of the Minister, warrant the making of such an order, or
(b)  any person belonging to a class of persons specified in the order, being persons referred to in paragraph (a),
      is taken, for the purposes of this Division, to be or to have been the person solely liable in respect of the land on which the dwelling is situated.
(3)  An order under this clause takes effect on the day that it is made or on such earlier or later day as is specified in the order.

Subdivision 4 General provisions concerning reductions

217   Making of application

An application to a water supply authority under this Division must be made to it within the time, and in the manner, determined by the authority.
Note. Section 344 of the Act provides that it is an offence to make a false or misleading application.

218   Refund of certain overpayments

If a person:
(a)  has paid in full a service charge for a charging year, and
(b)  would have been entitled to a reduction of the service charge if it had been paid by instalments, and
(c)  applies to the water supply authority for a refund of the amount of the reduction,
the water supply authority must make the refund or credit the amount towards payment of any amount then payable in relation to the land concerned by the person liable to pay the amount to the authority.

219   Exemption from liability

An eligible pensioner is not liable for a service charge beyond the amount of his or her liability as reduced in accordance with this Division.

220   Recovery of amount of reduction

A water supply authority is not entitled to repayment of an amount by which a service charge is reduced under this Division unless the reduction was made on the basis of a false statement in the application for the reduction.

Subdivision 5 Water supply authorities that are also local councils

221   Water supply authorities that are also local councils

(1)  This clause applies to and in respect of the following water supply authorities:
(a)  Gosford City Council,
(b)  Wyong Shire Council.
(2)  The provisions of the Local Government Act 1993 (and the regulations under that Act) that apply to the reduction and postponement of rates and charges under that Act apply to the reduction and postponement of service charges and other charges under the Water Management Act 2000.
(3)  Subclause (2) does not extend to the requirement, under section 581 of the Local Government Act 1993, for councils to be reimbursed for a proportion of amounts written off under that Act.

Division 9 Miscellaneous

222   Supply of plans

On application by an owner or an owner’s agent, a water supply authority must issue a plan showing the point of connection to its sewerage system of any land.

223   Information to accompany applications under section 305

For the purposes of section 305 (2) of the Act, an application for a certificate of compliance for development must be accompanied:
(a)  by information as to whether or not the development is the subject of development consent or a complying development certificate under the Environmental Planning and Assessment Act 1979, and
(b)  if it is so subject, by a copy of the development consent or complying development certificate.

224   Development that may be subject to section 306 requirements

For the purposes of section 306 (1) of the Act, the following kinds of development are prescribed as development to which that section applies:
(a)  the erection, enlargement or extension of a building or the placing or relocating of a building on land,
(b)  the subdivision of land,
(c)  the change of use of land or of any building situated on the land.

225   Members of Cobar Water Board

For the purposes of clause 22 (2) (b) (ii) of Schedule 5 to the Act, Peak Gold Mines Pty Ltd is prescribed as a mining company that can nominate a member of the Cobar Water Board in place of Goldcorp Asia Pacific Pty Ltd.

Part 10 Miscellaneous

225A   Notification of damage arising in the course of plumbing work

(1)  A person who, in the course of carrying out plumbing work in the area of operations of Essential Energy, damages a work or other property of a water supply authority must immediately notify the authority of the damage.

Maximum penalty: 20 penalty units.

(2)  In this clause:

plumbing work means work comprising or affecting:

(a)  a water service or its connection to a water supply authority’s water supply system, or
(b)  a sewerage service or its connection to a water supply authority’s sewerage system.

226   Management plans—water sharing provisions

(1)  For the purposes of section 21 (c) of the Act, the following are prescribed as circumstances in which water may be withdrawn from a water allocation account:
(a)  circumstances in which there is insufficient water available in the relevant dam to provide for losses in the conveyance of water between the dam and the locations to which it is delivered (whether by evaporation, leakage or otherwise),
(b)  circumstances in which the amount of uncontrolled flow taken under a regulated river (general security) access licence or a regulated river (high security) access licence exceeds the amount that is allowed to be taken:
(i)  under that licence, or
(ii)  under the order under section 85A of the Act that authorises the taking of the uncontrolled flow,
(c)  circumstances in which during a water year one or more available water determinations to credit a water allocation account for a regulated river (general security) access licence or a regulated river (high security) licence are made during or after water has been taken pursuant to an order made under section 85A of the Act that authorises the taking of water from uncontrolled flows in the same water year,
Note. Paragraph (c) enables water to be withdrawn from a water allocation account of a regulated river (general security) access licence or a regulated river (high security) access licence where any available water determination is made during or after a period of access to uncontrolled flows. The amount to be withdrawn is the lesser of the amount of uncontrolled flow taken and the amount credited to the water allocation account as a result of any available water determinations made during or after the taking of uncontrolled flows.
(d)  circumstances in which the balance of the account exceeds the maximum volume of water allocations that may be held in the account under the management plan for the water source to which the account relates.
(1A)  One or more withdrawals may be made from a water allocation account during the water year in the circumstances referred to in subclause (1) (c) but the total amount withdrawn must not exceed the lesser of:
(a)  the total amount of uncontrolled water taken in the water year pursuant to the order, or
(b)  the total amount credited to the account in the water year in accordance with one or more available water determinations made during or after water has been taken by the licence holder pursuant to the order under section 85A of the Act.
(2)  For the purposes of section 21 (f) of the Act, the water sharing planning provisions of a management plan for a water management area or water source may deal with the short term delivery of water through the area, including by providing for the grouping of water orders and the periodic release of such orders, where the circumstances or conditions of delivery would result in unacceptably high delivery losses.
(3)  In this clause, the relevant dam means the dam from which water is released for delivery to the holder of an access licence.

226A   Exemptions relating to taking over works—Lower Gingham PID No 1 Board

(1)  The private irrigation board Lower Gingham PID No 1 Board is exempt from section 159 (3) and (4) of the Act until the end of 30 June 2014.
(2)  In this clause:

Lower Gingham PID No 1 Board means the board of management for the Lower Gingham Private Irrigation District No 1, constituted by a proclamation published in Gazette No 57 of 1 June 2012 at pages 2270–2272.

226B   Definition of “Ministerial action”

The issue of an access licence arising from the operation of Schedule 4 is a prescribed action for the purposes of paragraph (i) of the definition of Ministerial action in the Dictionary to the Act.

226C   Exemptions relating to taking over works—Anabranch Water

(1)  The private irrigation board Anabranch Water is exempt from section 159 (3) and (4) of the Act until the end of 30 June 2014.
(2)  In this clause:

Anabranch Water means the board of management for the Great Anabranch of the Darling River Private Water Supply and Irrigation District, constituted by a proclamation published in Gazette No 142 of 25 November 2005 at pages 9809–9810.

227   Fees and charges

(1)  Subject to this Regulation, a charging authority may waive or reduce any fee or charge imposed under the Act.
(2)  In this clause, charging authority, in relation to a fee or charge, means the person or body (other than the Minister) that imposes the fee or charge.

228   Penalty notice offences

For the purposes of section 365 of the Act:
(a)  each offence created by a provision specified in Column 1 of Schedule 8 is declared to be a penalty notice offence, and
(b)  the penalty prescribed for such an offence is:
(i)  the amount specified in Column 2 of Schedule 8, or
(ii)  if the person alleged to have committed the offence is a corporation, and if a greater amount is specified in Column 3 of Schedule 8, the amount specified in Column 3 of Schedule 8.

229   Electronic lodgment of certain applications, claims and objections

(1)  An application referred to in clause 9 or 23, a claim referred to in clause 16 or an objection referred to in clause 25, 43 or 45 may be lodged electronically only if:
(a)  the information recorded in the application, claim or objection is capable, at any time, of being reproduced in a written form, and
(b)  the application, claim or objection is lodged in an information system designated by the Minister for the purpose of receiving such an application, claim or objection.
(2)  Such an application, claim or objection that is lodged electronically is taken to be duly authenticated if:
(a)  it identifies:
(i)  in the case of an application, each party to the application, and
(ii)  in the case of a claim, the claimant, and
(iii)  in the case of an objection, the objector, and
(b)  it indicates the belief of each party, or the claimant or the objector in the truth of the information contained in the application, claim or objection (as the case may be).

230   Transformation of water entitlements

(1)  For the purposes of sections 190A (4) and 237A (4) of the Act, a determination by a private irrigation board or the members of a private water trust of a landholder’s water entitlement must specify the following:
(a)  the proportion of the share component of an access licence held by or on behalf of the board or trust that is available to the landholder,
(b)  the licence category of the landholder’s proportion of the share component.
(2)  For the purposes of sections 190A (6) and 237A (6) of the Act, a member of a person’s immediate family means:
(a)  a spouse or de facto partner or former spouse or de facto partner of the person,
(b)  a child or step-child of the person,
(c)  a grandchild or step-grandchild of the person,
(d)  a parent or step-parent of the person,
(e)  a grandparent or step-grandparent of the person,
(f)  a brother, sister, step-brother or step-sister of the person.

231   Metering equipment installed by Ministerial Corporation

(1)  The Ministerial Corporation is the owner of metering equipment installed or replaced by the Ministerial Corporation on or after 4 March 2011.
(2)  The Ministerial Corporation may exercise the function of modifying metering equipment (whether or not it is the property of the Corporation) but is not to exercise that function to the exclusion of any other person unless the equipment is referred to in subclause (3).
(3)  The Ministerial Corporation may exercise the functions specified in section 372A (2) of the Act exclusively in relation to the following metering equipment:
(a)  metering equipment installed, modified or replaced by the Ministerial Corporation on or after 4 March 2011,
(b)  metering equipment installed, modified or replaced by the Ministerial Corporation before 4 March 2011 pursuant to the Funding Deed dated 15 April 2009 between the Commonwealth of Australia and the New South Wales Government in relation to the Hawkesbury Nepean River Recovery Project.

232   Repeal and savings

(1)  The Water Management (Irrigation Corporations) Savings and Transitional Regulation 1995 is repealed.
(2)  Any act, matter or thing that had effect under either of the following Regulations, immediately before the repeal of the regulation concerned, continues to have effect under this Regulation:
(a)  Water Management (General) Regulation 2004,
(b)  Water Management (Water Supply Authorities) Regulation 2004.
Note. Section 30 (2) (d) of the Interpretation Act 1987 ensures that the repeal of a regulation does not affect the operation of any savings or transitional provision contained in the regulation.

Schedule 1 Excluded works

(Clause 3 (1), definition of “excluded work”)

1   Dams solely for the control or prevention of soil erosion:

(a)  from which no water is reticulated (unless, if the dam is fenced off for erosion control purposes, to a stock drinking trough in an adjoining paddock) or pumped, and
(b)  the structural size of which is the minimum necessary to fulfil the erosion control function, and
(c)  that are located on a minor stream.

2   Dams solely for flood detention and mitigation:

(a)  from which no water is reticulated or pumped, and
(b)  that are located on a minor stream.

3   Dams solely for the capture, containment and recirculation of drainage and/or effluent, consistent with best management practice or required by a public authority (other than Landcom or the Superannuation Administration Corporation or any of their subsidiaries) to prevent the contamination of a water source, that are located on a minor stream.

4   Dams approved in writing by the Minister for specific environmental management purposes:

(a)  that are located on a minor stream, and
(b)  from which water is used solely for those environmental management purposes.

5   Rainwater tanks collecting water from roofs only.

6   Works impounding water that exceeds the harvestable rights referred to in an order under section 54 of the Act:

(a)  that were constructed before 1 January 1999, and
(b)  that are used solely for domestic consumption and stock watering or that do not result in the extraction of water, and
(c)  that are located on a minor stream, and
(d)  from which water is being used only on the landholding on which the dam is located.

7   Dams or excavations located on a river or lake constructed under section 7 of the Water Act 1912 before 1 January 2001 that are used solely for stock, domestic or stock and domestic purposes, or for purposes which do not require extraction of water.

8   Works in the Western Division that are located on lakes shown in the legend of the 1:100 000 topographic maps issued by the Land Information Centre (formerly the Central Mapping Authority) applying at 1 January 1999 to that Division as “Lake Mainly Dry”.

9   Works in the Western Division constructed before 1 January 1999:

(a)  impounding water on the areas of land shown in the legend of the 1:100 000 topographic maps issued by the Land Information Centre applying at 1 January 1999 to that Division as land subject to flooding or inundation, or lakes shown as “perennial” or “intermittent”, and
(b)  from which water is used solely for stock, domestic or stock and domestic purposes, or for purposes which do not require extraction of water.

Schedule 2 Diagram and map references relating to streams

(Clause 3 (1), definition of “minor stream”)

Part 1 Schematic diagram of stream order of a watercourse

The method of determining the stream order of a watercourse shown on a topographic map is the Strahler system as shown below. The Strahler system is applied to the watercourses shown on the topographic maps as listed in Part 2.

The Strahler system:

•  Starting at the top of a catchment, any watercourse which has no other watercourses flowing into it is classed as a first order stream (1).
•  If two first order streams join, the stream becomes a second order stream (2).
•  If a second order stream is joined by a first order stream, it remains a second order stream.
•  If two second order streams join they form a third order stream (3).
•  A third order stream does not become a fourth order stream until it is joined by another third order stream.

Part 2 References to topographic maps with stream locations

The topographic maps referred to in this Part are issued by the Land Information Centre (formerly the Central Mapping Authority).

Map Name

Map

Edition

Scale

ARUMPO

7430

1976

1:100000

BADEN PARK

7733

1973

1:100000

BANCANNIA

7236

1977

1:100000

BARNATO

7834

1978

1:100000

BERAWINNIA DOWNS

7639

1976

1:100000

BIDURA

7529

1977

1:100000

BOBADAH

8233

1975

1:100000

BONO

7432

1978

1:100000

BOOLABOOLKA

7532

1978

1:100000

BOOROONDARRA

7935

1978

1:100000

BOURKE

8037

1980

1:100000

BREWARRINA

8238

1980

1:100000

BRINDINGABBA

7839

1980

1:100000

BROKEN HILL

7134

1975

1:100000

BUCKALOW

7132

1977

1:100000

BUNDA

7434

1978

1:100000

BUNDEMAR

8534

1979

1:100000

BUNNERUNGEE

7230

1978

1:100000

BYROCK

8136

1980

1:100000

CALLINDRA

7635

1978

1:100000

CANBELEGO

8134

1978

1:100000

CLIFTON BORE

7438

1976

1:100000

COBAR

8035

1978

1:100000

COBHAM LAKE

7337

1977

1:100000

CONOBLE

7832

1976

1:100000

COOLABAH

8235

1979

1:100000

COOMBIE

7932

1975

1:100000

COONAMBLE

8536

1979

1:100000

CORONA

7135

1978

1:100000

CUMBORAH

8438

1979

1:100000

CUTHERO

7331

1977

1:100000

DARNICK

7632

1978

1:100000

DUNGALEAR

8538

1979

1:100000

DUNUMBRAL

8539

1979

1:100000

ENNGONIA

8039

1980

1:100000

FORDS BRIDGE

7938

1980

1:100000

FORT GREY

7139

1977

1:100000

FOWLERS GAP

7235

1978

1:100000

GERARA

8139

1980

1:100000

GINDOONO

8232

1975

1:100000

GLENARIFF

8236

1980

1:100000

GONGOLGON

8237

1980

1:100000

GOODOOGA

8339

1979

1:100000

GRASMERE

7435

1978

1:100000

GULARGAMBONE

8535

1979

1:100000

GUNDERBOOKA

8036

1980

1:100000

HATFIELD

7630

1977

1:100000

HAWKER GATE

7138

1977

1:100000

HERMIDALE

8234

1979

1:100000

INNESOWEN

7835

1978

1:100000

IVANHOE

7732

1973

1:100000

KANGO

7737

1980

1:100000

KAYRUNNERA

7436

1977

1:100000

KEEWONG

7933

1973

1:100000

KILFERA

7731

1976

1:100000

KILPARNEY

8132

1975

1:100000

LACHLAN DOWNS

8033

1975

1:100000

LAKE TANDOU

7332

1977

1:100000

LAKE VICTORIA

7130

1977

1:100000

LIGHTNING RIDGE

8439

1979

1:100000

LOUTH

7936

1978

1:100000

LOWER LILA

8038

1980

1:100000

MANARA

7633

1978

1:100000

MANFRED

7631

1977

1:100000

MENA MURTEE

7535

1978

1:100000

MENINDEE

7333

1978

1:100000

MIDDLE CAMP

7232

1977

1:100000

MILPARINKA

7238

1977

1:100000

MONOLON

7537

1976

1:100000

MOSSGIEL

7831

1973

1:100000

MOUNT ALLEN

8032

1975

1:100000

MOUNT ARROWSMITH

7237

1977

1:100000

MOUNT HARRIS

8435

1979

1:100000

MOUNT OXLEY

8137

1980

1:100000

MULURULU

7531

1976

1:100000

MURTEE

7634

1978

1:100000

NARRAN

8338

1979

1:100000

NARTOOKA

7433

1978

1:100000

NECKARBOO

7833

1973

1:100000

NELYAMBO

7735

1978

1:100000

NUCHEA

7335

1978

1:100000

NYMAGEE

8133

1975

1:100000

NYNGAN

8334

1979

1:100000

OLIVE DOWNS

7239

1977

1:100000

PAIKA

7629

1977

1:100000

PARA

7330

1978

1:100000

POONCARIE

7431

1975

1:100000

POPILTAH

7231

1977

1:100000

QUAMBONE

8436

1979

1:100000

REDAN

7233

1975

1:100000

SCOTIA

7131

1977

1:100000

SMITHVILLE

7137

1977

1:100000

SUSSEX

8135

1979

1:100000

TALTINGAN

7234

1975

1:100000

TALYEALYE

7739

1980

1:100000

TEILTA

7136

1977

1:100000

TERYAWYNIA

7533

1978

1:100000

THACKARINGA

7133

1975

1:100000

THE MEADOWS

7934

1976

1:100000

THOOLABOOL

7736

1978

1:100000

THURLOO DOWNS

7539

1976

1:100000

TIBOOBURRA

7339

1977

1:100000

TINCHELOOKA

7838

1980

1:100000

TONGO

7637

1976

1:100000

TONGOWOKO

7439

1976

1:100000

TOORALE

7937

1978

1:100000

TOPAR

7334

1978

1:100000

TURLEE

7530

1977

1:100000

URELLA

7538

1976

1:100000

URISINO

7638

1976

1:100000

UTAH LAKE

7837

1978

1:100000

WANAARING

7738

1980

1:100000

WARRAWEENA

8138

1980

1:100000

WARREN

8434

1979

1:100000

WEILMORINGLE

8239

1980

1:100000

WHITE CLIFFS

7536

1976

1:100000

WILCANNIA

7534

1978

1:100000

WILD DOG

7429

1978

1:100000

WILLANDRA

7931

1975

1:100000

WINBAR

7836

1978

1:100000

WONNAMINTA

7336

1977

1:100000

WOOLAKULKRA

7734

1978

1:100000

WRIGHTVILLE

8034

1978

1:100000

YANCANNIA

7437

1976

1:100000

YANTABANGEE

7636

1976

1:100000

YANTABULLA

7939

1980

1:100000

YANTARA

7338

1977

1:100000

ABERBALDIE

9135-1N

1973

1:25000

ABERDEEN

9033-1S

1978

1:25000

ABINGTON

9137-3N

1986

1:25000

ADJUNGBILLY

8527-1N

1989

1:25000

AFTERLEE

9440-1N

1976

1:25000

ALBION PARK

9028-1N

1986

1:25000

ALLYNBROOK

9233-3N

1984

1:25000

APPIN

9029-1S

1985

1:25000

APSLEY

9235-1N

1981

1:25000

ARALUEN

8826-1S

1981

1:25000

ARIAH

8229-4N

1974

1:25000

ARKSTONE

8829-4N

1975

1:25000

ARMIDALE

9236-4N

1981

1:25000

ATTUNGA

9036-2S

1981

1:25000

AUBURN

9031-1S

1974

1:25000

AVON RIVER

9029-3S

1984

1:25000

BACKWATER

9237-1N

1987

1:25000

BADJA

8825-4N

1972

1:25000

BALALA

9136-1N

1982

1:25000

BALD BLAIR

9237-1S

1973

1:25000

BALDERSLEIGH

9137-2N

1986

1:25000

BALDWIN

9036-3N

1981

1:25000

BALLENGARRA

9435-3N

1987

1:25000

BALLINA

9640-3N

1981

1:25000

BANDA BANDA

9335-1S

1999

1:25000

BANYABBA

9539-3N

1985

1:25000

BARE POINT

9538-2N

1981

1:25000

BARGO

9029-3N

1985

1:25000

BARRABA

9037-3S

1984

1:25000

BARRALLIER

8929-3N

1988

1:25000

BARRINGTON TOPS

9133-1N

1978

1:25000

BARRY

9134-1N

1972

1:25000

BARYULGIL

9439-4S

1985

1:25000

BATHURST

8831-3S

1984

1:25000

BATLOW

8526-4N

1977

1:25000

BEDULLUCK

8727-4N

1978

1:25000

BEGA

8824-1S

1973

1:25000

BELLBROOK

9436-3N

1984

1:25000

BELLINGEN

9437-2S

1979

1:25000

BELOWRA

8825-4S

1972

1:25000

BEMBOKA

8824-4S

1973

1:25000

BEN BULLEN

8931-4S

1974

1:25000

BEN LOMOND

9237-4N

1987

1:25000

BENDEMEER

9136-3S

1981

1:25000

BENDETHERA

8826-2S

1982

1:25000

BENDOURA

8826-4N

1981

1:25000

BERENDERRY

8934-3S

1981

1:25000

BERESFIELD

9232-3N

1990

1:25000

BERMAGUI

8925-3S

1972

1:25000

BERRIOYE

8936-1N

1981

1:25000

BERRY

9028-3N

1985

1:25000

BIG HILL

9336-4S

1987

1:25000

BIG SPRINGS

8327-2N

1976

1:25000

BILLYENA

8937-3S

1982

1:25000

BIMLOW

8930-2S

1979

1:25000

BINALONG

8628-4S

1990

1:25000

BINDOOK

8929-4S

1981

1:25000

BINGARA

9038-3N

1978

1:25000

BIRDWOOD

9335-2N

1980

1:25000

BLACK MOUNTAIN

9237-3N

1987

1:25000

BLACKVILLE

8934-4S

1979

1:25000

BLAXLANDS FLAT

9438-2S

1984

1:25000

BLOWERING

8527-2S

1988

1:25000

BOBBYS PLAINS

8627-3N

1979

1:25000

BOBIN

9334-1S

1980

1:25000

BODALLA

8925-4N

1987

1:25000

BOGEE

8932-3S

1974

1:25000

BOGGABRI

8936-4S

1981

1:25000

BOMBAH POINT

9332-1N

1976

1:25000

BOMBALA

8724-3S

1972

1:25000

BOMBAY

8827-3S

1979

1:25000

BONALBO

9440-4S

1977

1:25000

BONDI

9130-2S

1985

1:25000

BOOKOOKOORARA

9340-3N

1977

1:25000

BOONOO BOONOO

9340-3S

1977

1:25000

BOOYAMURNA

8834-2N

1987

1:25000

BORAMBIL

8933-4N

1981

1:25000

BORO

8827-4S

1980

1:25000

BOTANY BAY

9130-3S

1986

1:25000

BOTOBOLAR

8832-1N

1985

1:25000

BOWMAN

9234-2S

1983

1:25000

BRACKENDALE

9235-4S

1981

1:25000

BRAIDWOOD

8827-2S

1979

1:25000

BRANGA PLAINS

9235-3N

1972

1:25000

BRAYS CREEK

9541-3S

1985

1:25000

BREDBO

8726-3S

1981

1:25000

BREEZA

8935-2N

1979

1:25000

BRINDABELLA

8627-3S

1979

1:25000

BROCKLEHURST

8633-4S

1985

1:25000

BROGO

8824-1N

1973

1:25000

BROKEN BACK

9132-3N

1985

1:25000

BROKEN BAY

9130-1N

1985

1:25000

BROOKLANA

9437-2N

1978

1:25000

BROOMAN

8927-3S

1982

1:25000

BROOMBEE

8832-4S

1985

1:25000

BROOMS HEAD

9538-1N

1981

1:25000

BRUNGLE

8527-4S

1977

1:25000

BRUNSWICK HEADS

9640-4N

1981

1:25000

BUCCARUMBI

9438-3N

1984

1:25000

BUKALONG

8724-3N

1989

1:25000

BUKKULLA

9138-4N

1978

1:25000

BULAHDELAH

9333-3S

1984

1:25000

BULGA

9132-4S

1975

1:25000

BULLDOG ROCK

9339-1N

1974

1:25000

BULLI

9029-2N

1982

1:25000

BUNDANOON

8928-1S

1982

1:25000

BUNDARRA

9137-4S

1986

1:25000

BUNDOOK

9334-3S

1986

1:25000

BUNGENDORE

8727-2N

1978

1:25000

BUNGONIA

8828-2N

1981

1:25000

BUNNAN

9033-4N

1978

1:25000

BURRAGA

8830-3S

1979

1:25000

BURRAGATE

8823-4N

1974

1:25000

BURRAGORANG

8929-1N

1981

1:25000

BURRIER

8928-2N

1982

1:25000

BURRINGBAR

9541-2S

1985

1:25000

BURRUMBELA

8826-2N

1982

1:25000

BYABARRA

9434-4N

1986

1:25000

BYLONG

8933-3S

1981

1:25000

BYRON BAY

9640-4S

1982

1:25000

CABRAMURRA

8526-2S

1977

1:25000

CADGEE

8825-1S

1971

1:25000

CAMBERWELL

9133-3S

1978

1:25000

CAMDEN

9029-4N

1985

1:25000

CAMELBACK

9439-3S

1985

1:25000

CAMPBELLTOWN

9029-1N

1984

1:25000

CANBERRA

8727-3N

1980

1:25000

CANDELO

8824-3N

1973

1:25000

CANGAI

9338-1N

1974

1:25000

CANYON LEIGH

8928-4N

1982

1:25000

CAOURA

8928-3N

1982

1:25000

CAPEEN

9440-4N

1977

1:25000

CAPERTEE

8831-1S

1985

1:25000

CAPTAINS FLAT

8726-1N

1979

1:25000

CARABOST

8426-4N

1976

1:25000

CARCOAR

8730-4N

1989

1:25000

CARNHAM

9439-3N

1985

1:25000

CAROONA

8935-2S

1979

1:25000

CARRABOLLA

9133-1S

1978

1:25000

CARRAI

9336-3N

1987

1:25000

CARROW BROOK

9133-2N

1978

1:25000

CASINO

9540-3N

1985

1:25000

CASSILIS

8833-1N

1986

1:25000

CATHCART

8724-2N

1988

1:25000

CATHERINE HILL BAY

9231-4S

1984

1:25000

CENTRAL TILBA

8925-3N

1987

1:25000

CESSNOCK

9132-2N

1984

1:25000

CHAELUNDI

9337-1N

1974

1:25000

CHATSBURY

8828-1N

1981

1:25000

CHERRY TREE HILL

9038-1N

1978

1:25000

CHICHESTER

9233-4S

1978

1:25000

CLARENCE TOWN

9232-1N

1985

1:25000

CLEARFIELD

9439-1S

1985

1:25000

CLEVEDON

9237-2N

1987

1:25000

CLOUDS CREEK

9437-4N

1978

1:25000

CLYBUCCA

9436-2S

1984

1:25000

COALDALE

9439-2S

1985

1:25000

COBARGO

8825-2S

1987

1:25000

COBARK

9234-3S

1983

1:25000

COBBADAH

9037-4S

1981

1:25000

COFFS HARBOUR

9537-3N

1985

1:25000

COLINTON

8726-3N

1979

1:25000

COLLINGULLIE

8327-4N

1989

1:25000

COLLY BLUE

8935-3S

1979

1:25000

COLO HEIGHTS

9031-3N

1975

1:25000

COMARA

9336-2N

1987

1:25000

COMBOYNE

9334-1N

1980

1:25000

COOLAH

8834-3N

1987

1:25000

COOLANBILLA

8935-3N

1979

1:25000

COOLONGOLOOK

9333-1S

1984

1:25000

COOLUMBOOKA

8724-2S

1972

1:25000

COOMA

8725-4S

1981

1:25000

COOMBADJHA

9339-2S

1974

1:25000

COOPERNOOK

9434-3N

1986

1:25000

COOPLA CURRIPA

9234-1N

1973

1:25000

COORONGOOBA

8932-2S

1974

1:25000

COPETON DAM

9038-2S

1978

1:25000

COPMANHURST

9438-1N

1984

1:25000

CORANG

8927-3N

1982

1:25000

COREINBOB

8427-4S

1988

1:25000

CORICUDGY

8932-2N

1974

1:25000

CORIN DAM

8626-1N

1979

1:25000

CORYAH

8937-4S

1982

1:25000

COTTER DAM

8627-2N

1979

1:25000

COURABYRA

8526-4S

1977

1:25000

COURAGAGO

8627-4S

1978

1:25000

COUTTS CROSSING

9438-2N

1982

1:25000

COWAN

9130-4N

1984

1:25000

COWAN-E

9130-41

3/96

1:25000

COWRA CREEK

8725-1N

1981

1:25000

CRAIGIE

8723-4N

1972

1:25000

CRAVEN

9233-1S

1972

1:25000

CRAWNEY PASS

9134-4N

1972

1:25000

CROOKHAVEN

9028-2S

1984

1:25000

CUDGEN

9641-3N

1985

1:25000

CULCAIRN

8326-4S

1976

1:25000

CULLEN BULLEN

8931-3N

1974

1:25000

CUNDLETOWN

9434-3S

1986

1:25000

CUNJURONG POINT

9027-3N

1982

1:25000

CURLEWIS

8935-1N

1979

1:25000

CURRARONG

9027-1N

1984

1:25000

CURRICABARK

9234-4S

1972

1:25000

CURROWAN

8926-4N

1982

1:25000

DALMORTON

9338-2N

1974

1:25000

DARKWOOD

9437-3S

1979

1:25000

DAWSONS HILL

9133-3N

1978

1:25000

DELUNGRA

9038-1S

1978

1:25000

DENISON

8626-3S

1981

1:25000

DENMAN

9033-3S

1977

1:25000

DINOGA

9038-3S

1978

1:25000

DOORALONG

9131-1S

1984

1:25000

DORRIGO

9437-3N

1978

1:25000

DOYLES CREEK

9032-1N

1974

1:25000

DRAKE

9340-2S

1977

1:25000

DRUMMOND

9037-1S

1981

1:25000

DUMARESQ

9237-3S

1987

1:25000

DUNDEE

9238-1N

1978

1:25000

DUNDURRABIN

9437-4S

1978

1:25000

DUNGOG

9233-2S

1984

1:25000

DUNGOWAN

9135-4S

1973

1:25000

DUNOON

9540-1S

1985

1:25000

DURI

9035-1S

1979

1:25000

DURRAN DURRA

8827-2N

1979

1:25000

DURRAS

8926-1S

1982

1:25000

DURRIDGERE

8833-1S

1986

1:25000

EBOR

9337-2S

1974

1:25000

EDEN

8823-1N

1974

1:25000

EDITH

8830-2N

1979

1:25000

ELBOW VALLEY

9341-3S

1977

1:25000

ELDERSLIE

9132-1N

1975

1:25000

ELLANGOWAN

9539-4N

1985

1:25000

ELLERSTON

9134-2N

1982

1:25000

ELSMORE

9138-2N

1978

1:25000

EMBLEM

9035-2S

1979

1:25000

EMERALD HILL

8936-3S

1981

1:25000

EMMAVILLE

9239-3S

1981

1:25000

EMPIRE VALE

9640-3S

1981

1:25000

ENDRICK

8927-4S

1985

1:25000

ENMORE

9236-1S

1981

1:25000

ETTRICK

9440-1S

1977

1:25000

EULOMOGO

8633-3N

1985

1:25000

EULOWRIE

8937-1N

1982

1:25000

EUNGAI

9436-2N

1984

1:25000

FIVE DAY CREEK

9336-1S

1987

1:25000

FORSTER

9433-4S

1982

1:25000

FREEMANTLE

8731-2N

1987

1:25000

FULLERTON

8829-4S

1975

1:25000

GALLA GILLA

8934-2S

1981

1:25000

GANGAT

9333-4N

1984

1:25000

GENOA

8823-3S

1974

1:25000

GERROA

9028-2N

1985

1:25000

GIBBERAGEE

9539-4S

1985

1:25000

GIRO

9234-1S

1973

1:25000

GIRRAGULANG

8834-3S

1987

1:25000

GIRRALONG

9436-4N

1982

1:25000

GLASSTON

8934-2N

1981

1:25000

GLEN ALICE

8931-4N

1974

1:25000

GLEN ALLEN

8724-1S

1971

1:25000

GLEN ELGIN

9338-4N

1974

1:25000

GLEN GALLIC

9032-4N

1974

1:25000

GLEN INNES

9238-4S

1978

1:25000

GLENIRIE

9037-1N

1981

1:25000

GLENREAGH

9437-1N

1978

1:25000

GLENROCK

9134-1S

1972

1:25000

GLOUCESTER

9233-1N

1978

1:25000

GLOUCESTER TOPS

9233-4N

1978

1:25000

GOLSPIE

8829-3N

1975

1:25000

GOONOO GOONOO

9035-2N

1979

1:25000

GORAN

8935-4S

1979

1:25000

GOSFORD

9131-2S

1985

1:25000

GOSPERS MOUNTAIN

8931-1N

1974

1:25000

GOSTWYCK

9236-4S

1981

1:25000

GOULBURN

8828-3N

1981

1:25000

GOWAN

8731-1S

1987

1:25000

GRAFTON

9438-1S

1985

1:25000

GRANTS HEAD

9434-1N

1986

1:25000

GRATTAI

8937-4N

1981

1:25000

GREEN GULLY

9335-4N

1982

1:25000

GRESFORD

9233-3S

1984

1:25000

GRETA

9132-1S

1975

1:25000

GREVILLIA

9441-2S

1977

1:25000

GRIFFITH

8129-3N

1982

1:25000

GROWEE

8932-4S

1974

1:25000

GULGONG

8833-3N

1986

1:25000

GULLIGAL

8936-3N

1981

1:25000

GUM FLAT

9038-2N

1978

1:25000

GUNDAGAI

8527-4N

1990

1:25000

GUNDAHL

9438-4S

1984

1:25000

GUNDERMAN

9131-3S

1984

1:25000

GUNGAL

8933-2N

1981

1:25000

GUNNEDAH

8936-2S

1981

1:25000

GURNANG

8829-1N

1975

1:25000

GUY FAWKES RIVER

9338-2S

1974

1:25000

GUYRA

9237-4S

1973

1:25000

HALL

8727-4S

1980

1:25000

HALLIDAYS POINT

9433-4N

1982

1:25000

HAMPTON

8930-4S

1980

1:25000

HANING

9136-3N

1982

1:25000

HANWORTH

8929-3S

1988

1:25000

HARTLEY

8930-4N

1980

1:25000

HENRY RIVER

9338-3N

1974

1:25000

HENTY

8326-4N

1976

1:25000

HERNANI

9337-2N

1974

1:25000

HILL END

8731-1N

1987

1:25000

HILLGROVE

9236-1N

1981

1:25000

HILLTOP

8929-2N

1988

1:25000

HOBBYS YARDS

8730-1S

1987

1:25000

HOGARTH RANGE

9440-2S

1977

1:25000

HOLBROOK

8326-1S

1976

1:25000

HOME FLAT

8326-2S

1977

1:25000

HOME RULE

8833-3S

1986

1:25000

HORNSBY

9130-4S

1986

1:25000

HORTON

8937-1S

1982

1:25000

HOSKINSTOWN

8727-2S

1978

1:25000

HOWES VALLEY

9032-2N

1974

1:25000

HUONBROOK

9540-1N

1985

1:25000

HURRICANE HILL

9138-1N

1978

1:25000

HUSKISSON

9027-4N

1985

1:25000

HYATTS FLAT

9336-1N

1987

1:25000

ILFORD

8832-2S

1985

1:25000

INDIANA

9138-2S

1978

1:25000

INGAR

9133-2S

1978

1:25000

INVERALOCHY

8828-3S

1980

1:25000

INVERELL

9138-3N

1978

1:25000

IRONBARK

9037-2N

1981

1:25000

ISIS RIVER

9134-4S

1972

1:25000

JACKADGERY

9438-4N

1984

1:25000

JAMISON

8930-2N

1979

1:25000

JENOLAN

8930-3N

1979

1:25000

JEOGLA

9336-4N

1971

1:25000

JERANGLE

8726-2N

1979

1:25000

JERRYS PLAINS

9033-2S

1977

1:25000

JILLIMATONG

8725-3N

1981

1:25000

JINGELLIC

8426-3S

1976

1:25000

KAIN

8826-4S

1981

1:25000

KANANGRA

8930-3S

1979

1:25000

KANDOS

8832-2N

1986

1:25000

KANGAROO FLAT

9335-4S

1982

1:25000

KANGAROO VALLEY

9028-4S

1985

1:25000

KAPUTAR

8937-3N

1982

1:25000

KARS SPRINGS

9034-3S

1981

1:25000

KARUAH

9232-1S

1976

1:25000

KATOOMBA

8930-1S

1980

1:25000

KELVIN

8936-2N

1981

1:25000

KEMPS PINNACLE

9335-1N

1999

1:25000

KEMPSEY

9435-1N

1987

1:25000

KENTUCKY

9136-2N

1981

1:25000

KERRABEE

8933-2S

1981

1:25000

KERRIKI

9334-4S

1980

1:25000

KERRS CREEK

8731-4N

1987

1:25000

KIAH

8823-1S

1974

1:25000

KIAMA

9028-1S

1984

1:25000

KILLOE

8933-4S

1981

1:25000

KINDARUN

9032-3N

1974

1:25000

KINGS GAP

9137-4N

1986

1:25000

KINGSDALE

8828-4S

1981

1:25000

KINGSTOWN

9136-4N

1981

1:25000

KIOLOA

8926-1N

1982

1:25000

KLORI

9036-2N

1981

1:25000

KNORRIT FLAT

9334-3N

1986

1:25000

KOKOMERICAN

9334-4N

1999

1:25000

KOOKABOOKRA

9337-4N

1974

1:25000

KOORINGAROO

8828-2S

1980

1:25000

KOREELAH

9341-2S

1977

1:25000

KOROGORO POINT

9535-4N

1987

1:25000

KRAWARREE

8826-3N

1982

1:25000

KULNURA

9131-4S

1984

1:25000

KUNDABUNG

9435-1S

1987

1:25000

KUNDERANG

9336-3S

1987

1:25000

KURRAJONG

9030-4N

1979

1:25000

KYBEYAN

8725-2N

1981

1:25000

KYDRA

8725-2S

1981

1:25000

KYEAMBA

8427-3S

1988

1:25000

LACMALAC

8527-2N

1988

1:25000

LAGGAN

8829-3S

1976

1:25000

LAKE ALBERT

8327-1S

1990

1:25000

LAKE BATHURST

8827-4N

1979

1:25000

LAKE GEORGE

8727-1N

1978

1:25000

LANKEYS CREEK

8426-3N

1976

1:25000

LARNOOK

9540-4S

1985

1:25000

LAURIETON

9434-1S

1986

1:25000

LEADVILLE

8833-4N

1986

1:25000

LEETON

8128-1N

1983

1:25000

LINTON

9037-2S

1982

1:25000

LISMORE

9540-2N

1985

1:25000

LISTON

9340-4S

1977

1:25000

LITHGOW

8931-3S

1974

1:25000

LIVERPOOL

9030-2S

1983

1:25000

LORNE

9434-4S

1986

1:25000

LOWER PORTLAND

9031-2S

1975

1:25000

LUE

8832-1S

1985

1:25000

LYNDHURST

9337-3N

1974

1:25000

MACKSVILLE

9436-1S

1984

1:25000

MACLEAN

9539-3S

1983

1:25000

MAIDEN CREEK

9337-3S

1974

1:25000

MAITLAND

9232-4S

1976

1:25000

MALARA CREEK

9339-1S

1974

1:25000

MALLANGANEE

9440-3S

1977

1:25000

MANAR

8827-3N

1979

1:25000

MANDURAMA

8730-4S

1987

1:25000

MANGOPLAH

8327-2S

1976

1:25000

MANGROVE

9131-3N

1982

1:25000

MANILLA

9036-4S

1981

1:25000

MANOBALAI

9033-4S

1978

1:25000

MARENGO

9337-1S

1974

1:25000

MARKWELL

9333-3N

1976

1:25000

MAYBOLE

9238-3S

1978

1:25000

MEADOW FLAT

8831-2S

1988

1:25000

MERRIWA

8933-1S

1981

1:25000

MICHELAGO

8726-4S

1979

1:25000

MILLTHORPE

8731-3S

1987

1:25000

MILTON

8927-2N

1982

1:25000

MISSABOTTI

9436-1N

1984

1:25000

MITTAGONG

8929-2S

1976

1:25000

MOGO

8926-3N

1982

1:25000

MOLETON

9437-1S

1978

1:25000

MONA VALE

9130-1S

1986

1:25000

MONGA

8826-1N

1981

1:25000

MONUNDILLA

9032-4S

1974

1:25000

MOONAN BROOK

9134-2S

1984

1:25000

MOONBI

9135-4N

1973

1:25000

MOONEE BEACH

9537-4S

1985

1:25000

MORISSET

9131-1N

1985

1:25000

MORNA POINT

9332-3N

1976

1:25000

MORUBEN

9031-1N

1974

1:25000

MORUYA

8926-3S

1982

1:25000

MOSS VALE

8928-1N

1982

1:25000

MOUNT ADRAH

8427-1S

1989

1:25000

MOUNT ARMSTRONG

8829-1S

1975

1:25000

MOUNT CARRINGTON

9235-2S

1972

1:25000

MOUNT DAVID

8830-3N

1979

1:25000

MOUNT IMLAY

8823-4S

1974

1:25000

MOUNT MISERY

8933-3N

1981

1:25000

MOUNT MORGAN

8931-1S

1974

1:25000

MOUNT POMANY

8932-1S

1974

1:25000

MOUNT RODD

9038-4S

1978

1:25000

MOUNT SLOW

9238-2S

1978

1:25000

MOUNT TENNYSON

8723-4S

1972

1:25000

MOUNT WELLINGTON

9338-1S

1974

1:25000

MOUNT WILSON

8930-1N

1980

1:25000

MOUNT YENGO

9032-2S

1974

1:25000

MOUNTAIN CREEK

8326-3N

1977

1:25000

MOUNTAIN LAGOON

9031-3S

1975

1:25000

MUDGEE

8832-4N

1986

1:25000

MULLENGANDRA

8326-3S

1977

1:25000

MUMMULGUM

9440-2N

1977

1:25000

MUNDEROO

8426-2N

1976

1:25000

MUNDOWEY

9036-1S

1981

1:25000

MUNGHORN

8833-2S

1986

1:25000

MURRAH

8924-4N

1973

1:25000

MURRAMI

8129-2S

1984

1:25000

MURRAYS RUN

9131-4N

1985

1:25000

MURRUMBUCCA

8725-4N

1981

1:25000

MURRURUNDI

9034-2N

1981

1:25000

MURWILLUMBAH

9541-2N

1985

1:25000

MUSWELLBROOK

9033-2N

1977

1:25000

MYALL LAKE

9333-2S

1983

1:25000

MYALLA

8725-3S

1981

1:25000

NABIAC

9333-1N

1984

1:25000

NADGEE

8823-2S

1974

1:25000

NALBAUGH

8723-1N

1972

1:25000

NANGUS

8427-1N

1987

1:25000

NAROOMA

8925-4S

1989

1:25000

NARRA NARRA

8326-2N

1977

1:25000

NARRABARBA

8823-2N

1974

1:25000

NARRAGAMBA

8833-4S

1986

1:25000

NATTAI

8929-1S

1981

1:25000

NELLIGEN

8926-4S

1982

1:25000

NERICON

8129-4S

1984

1:25000

NERRIGA

8927-4N

1985

1:25000

NERRIGUNDAH

8825-1N

1972

1:25000

NEST HILL

8326-1N

1987

1:25000

NEW VALLEY

9137-1N

1986

1:25000

NEWBRIDGE

8730-1N

1988

1:25000

NEWCASTLE

9232-2S

1990

1:25000

NIANGALA

9135-2N

1972

1:25000

NIMBIN

9540-4N

1985

1:25000

NIMMITABEL

8724-1N

1971

1:25000

NORTH SOLITARY IS

9538-2S

1981

1:25000

NOWENDOC

9234-4N

1973

1:25000

NOWRA

9028-3S

1985

1:25000

NULLAMANNA

9138-4S

1978

1:25000

NUMERALLA

8725-1S

1981

1:25000

NUNDLE

9135-3S

1972

1:25000

NUNGATTA

8723-1S

1972

1:25000

NYMBOIDA

9438-3S

1984

1:25000

OALLEN

8827-1S

1979

1:25000

OBERNE

8427-2S

1987

1:25000

OBERON

8830-1S

1990

1:25000

OLINDA

8932-3N

1974

1:25000

OMALEAH

8934-3N

1981

1:25000

OPHIR

8731-4S

1987

1:25000

ORANGE

8731-3N

1989

1:25000

OTFORD

9129-4S

1985

1:25000

OURNIE

8426-2S

1976

1:25000

PACIFIC PALMS

9433-3N

1981

1:25000

PADDYS FLAT

9340-1S

1977

1:25000

PAMBULA

8824-2S

1973

1:25000

PARKVILLE

9034-2S

1981

1:25000

PARNELL

9032-1S

1974

1:25000

PARRAMATTA RIVER

9130-3N

1986

1:25000

PARRY

8934-1S

1979

1:25000

PATERSON

9232-4N

1984

1:25000

PEEL

8831-3N

1987

1:25000

PENRITH

9030-3N

1985

1:25000

PEPPERCORN

8626-4N

1979

1:25000

PIALLAWAY

9035-4S

1979

1:25000

PICTON

9029-4S

1985

1:25000

PIEDMONT

9037-3N

1981

1:25000

PIGNA BARNEY

9234-3N

1984

1:25000

PILLAR VALLEY

9538-3N

1981

1:25000

PLAGYAN

8937-2S

1982

1:25000

PORT HACKING

9129-4N

1984

1:25000

PORT MACQUARIE

9435-2S

1986

1:25000

PORT STEPHENS

9332-4S

1976

1:25000

PORTLAND

8831-2N

1988

1:25000

POTTSVILLE

9641-3S

1985

1:25000

PRETTY GULLY

9340-2N

1977

1:25000

PROSPECT

9030-2N

1983

1:25000

PUEN BUEN

8825-3S

1972

1:25000

PUTTY

9032-3S

1974

1:25000

QUIPOLLY

9035-3S

1979

1:25000

QUIRINDI

9034-4N

1979

1:25000

QUORROBOLONG

9132-2S

1985

1:25000

RALEIGH

9537-3S

1985

1:25000

RALFES PEAK

9335-3S

1980

1:25000

RANGERS VALLEY

9238-4N

1978

1:25000

RAPPVILLE

9439-1N

1985

1:25000

RAVINE

8526-2N

1977

1:25000

RED RANGE

9238-2N

1978

1:25000

RED ROCK

9538-3S

1982

1:25000

RENDEZVOUS CREEK

8626-1S

1979

1:25000

RIAMUKKA

9235-3S

1972

1:25000

RICHLANDS

8829-2N

1975

1:25000

RIVERSTONE

9030-1S

1982

1:25000

ROBERTSON

9028-4N

1986

1:25000

ROCK HILL

8931-2N

1974

1:25000

ROCKADOOIE

9339-3S

1974

1:25000

ROCKLEY

8830-4S

1976

1:25000

ROSEWOOD

8426-1S

1976

1:25000

ROUCHEL BROOK

9133-4S

1978

1:25000

ROWLEYS CREEK

9236-2S

1982

1:25000

RULES POINT

8626-4S

1979

1:25000

RYE PARK

8628-1N

1989

1:25000

SALISBURY PLAINS

9236-3N

1981

1:25000

SANDON

9538-1S

1981

1:25000

SANDY FLAT

9339-4S

1974

1:25000

SANDY HOLLOW

9033-3N

1977

1:25000

SAPPHIRE

9138-1S

1978

1:25000

SARA RIVER

9338-3S

1974

1:25000

SASSAFRAS

8927-1N

1985

1:25000

SCONE

9033-1N

1978

1:25000

SCOTT

9135-2S

1972

1:25000

SEAL ROCKS

9433-3S

1981

1:25000

SEAVIEW

9335-3N

1999

1:25000

SHANNON VALE

9238-1S

1978

1:25000

SHANNONS FLAT

8626-2S

1980

1:25000

SHERWOOD

9435-4N

1987

1:25000

SHOOTERS HILL

8830-2S

1979

1:25000

SINGLETON

9132-4N

1975

1:25000

SIX BROTHERS

9031-4S

1974

1:25000

SNOWBALL

8826-3S

1982

1:25000

SOFALA

8831-4N

1985

1:25000

SOMERTON

9036-3S

1981

1:25000

SOUTH WEST ROCKS

9536-3S

1984

1:25000

SPIRABO

9339-3N

1974

1:25000

SPRINGWOOD

9030-4S

1978

1:25000

ST ALBANS

9031-2N

1975

1:25000

STONEHENGE

9238-3N

1978

1:25000

STROUD ROAD

9233-2N

1984

1:25000

SUSSEX INLET

9027-4S

1985

1:25000

SUTTON

8727-1S

1978

1:25000

SWANSEA

9231-4N

1985

1:25000

SYDNEY HEADS

9130-2N

1987

1:25000

TABBIMOBLE

9539-1S

1985

1:25000

TABOURIE

8927-2S

1983

1:25000

TAEMAS BRIDGE

8627-1N

1978

1:25000

TALBINGO

8526-1N

1977

1:25000

TALOOBY

8932-4N

1974

1:25000

TAMWORTH

9035-1N

1979

1:25000

TANTANGARA

8626-3N

1979

1:25000

TARALGA

8829-2S

1975

1:25000

TARANA

8830-1N

1976

1:25000

TARCUTTA

8427-3N

1987

1:25000

TAREE

9334-2S

1986

1:25000

TAREELA

8937-2N

1982

1:25000

TARPOLY

9036-4N

1981

1:25000

TATHAM

9540-3S

1985

1:25000

TEAPOT

8724-4N

1971

1:25000

TELEGRAPH POINT

9435-2N

1987

1:25000

TEMI

9034-1S

1979

1:25000

TENTERDEN

9137-1S

1986

1:25000

TENTERFIELD

9339-4N

1974

1:25000

TERRAGONG

8933-1N

1981

1:25000

THALGARRAH

9237-2S

1987

1:25000

THE BRANCH

9332-4N

1976

1:25000

THE LAGOON

8830-4N

1990

1:25000

THE ROCK

8327-3N

1976

1:25000

THERRIBRI

8936-4N

1981

1:25000

THUMB CREEK

9436-4S

1982

1:25000

TIA

9235-1S

1981

1:25000

TIANJARA

8927-1S

1985

1:25000

TIBBUC

9234-2N

1983

1:25000

TIDBINBILLA

8627-2S

1979

1:25000

TIMBILLICA

8823-3N

1974

1:25000

TIMOR

9134-3N

1983

1:25000

TINDERRY

8726-1S

1979

1:25000

TINEBANK

9435-4S

1987

1:25000

TINGHA

9138-3S

1978

1:25000

TOOLOOM

9340-1N

1977

1:25000

TOOMA

8526-3S

1977

1:25000

TORRYBURN

9137-3S

1986

1:25000

TOUGA

8928-3S

1982

1:25000

TOUKLEY

9231-3N

1984

1:25000

TOWARRI

9034-3N

1981

1:25000

TOWRANG

8828-1S

1981

1:25000

TUCABIA

9538-4S

1981

1:25000

TUGGERANONG

8727-3S

1980

1:25000

TUMBARUMBA

8526-3N

1977

1:25000

TUMORRAMA

8527-1S

1990

1:25000

TUMUT

8527-3N

1976

1:25000

TUNGLEBUNG

9440-3N

1977

1:25000

TUNNABIDGEE

8832-3S

1985

1:25000

TUREE

8834-2S

1987

1:25000

TWEED HEADS

9641-4S

1984

1:25000

TYALGUM

9541-3N

1972

1:25000

TYNDALE

9538-4N

1981

1:25000

UMBURRA

8627-1S

1978

1:25000

UPPER BINGARA

9037-4N

1981

1:25000

UPPER TURON

8831-1N

1986

1:25000

URALLA

9136-1S

1982

1:25000

URANQUINTY

8327-4S

1987

1:25000

VITTORIA

8731-2S

1989

1:25000

WAGGA WAGGA

8327-1N

1976

1:25000

WALCHA

9236-3S

1981

1:25000

WALCHA ROAD

9136-2S

1981

1:25000

WALLABADAH

9034-1N

1979

1:25000

WALLSEND

9232-3S

1980

1:25000

WANDELLA

8825-2N

1972

1:25000

WANGELLIC

8724-4S

1971

1:25000

WANTABADGERY

8427-4N

1988

1:25000

WARDELL

9540-2S

1985

1:25000

WARDS MISTAKE

9337-4S

1974

1:25000

WARIALDA

9038-4N

1978

1:25000

WARRAGAMBA

9030-3S

1983

1:25000

WARRAH

9034-4S

1979

1:25000

WARRANULLA

9333-4S

1984

1:25000

WASHPOOL

9339-2N

1974

1:25000

WATERLOO

9235-4N

1981

1:25000

WATERMARK

8935-1S

1979

1:25000

WATSONS CREEK

9136-4S

1981

1:25000

WATTLE FLAT

8831-4S

1985

1:25000

WAUCHOPE

9435-3S

1987

1:25000

WAVERLY

9134-3S

1983

1:25000

WEABONGA

9135-1S

1974

1:25000

WEE JASPER

8627-4N

1979

1:25000

WELSH

9036-1N

1981

1:25000

WENONAH HEAD

9536-4N

1984

1:25000

WERRIS CREEK

9035-3N

1979

1:25000

WESTBROOK

8426-1N

1976

1:25000

WHINSTONE

8726-2S

1981

1:25000

WHIPORIE

9439-2N

1983

1:25000

WHITTON

8128-4N

1983

1:25000

WIDDEN

8932-1N

1974

1:25000

WILBERFORCE

9030-1N

1982

1:25000

WILLAWARRIN

9436-3S

1984

1:25000

WILLBRIGGIE

8129-3S

1984

1:25000

WILLI WILLI

9336-2S

1987

1:25000

WILLIAMSDALE

8726-4N

1979

1:25000

WILLIAMTOWN

9232-2N

1990

1:25000

WILLURI

8936-1S

1981

1:25000

WINDELLAMA

8827-1N

1979

1:25000

WINDEYER

8832-3N

1986

1:25000

WINDY

8934-1N

1979

1:25000

WINGELLO

8928-4S

1982

1:25000

WINGHAM

9334-2N

1986

1:25000

WINTERBOURNE

9236-2N

1982

1:25000

WINTON

9035-4N

1979

1:25000

WIRRABA

9031-4N

1974

1:25000

WOLLANGAMBE

8931-2S

1974

1:25000

WOLLAR

8833-2N

1986

1:25000

WOLLOMBI

9132-3S

1985

1:25000

WOLLONGONG

9029-2S

1985

1:25000

WOLUMLA

8824-2N

1989

1:25000

WONDALGA

8527-3S

1976

1:25000

WONDOBA

8935-4N

1979

1:25000

WOODBURN

9539-1N

1985

1:25000

WOODENBONG

9441-3S

1977

1:25000

WOODHOUSELEE

8828-4N

1981

1:25000

WOOLGOOLGA

9537-4N

1984

1:25000

WOOLOMIN

9135-3N

1972

1:25000

WOOLOOMA

9133-4N

1978

1:25000

WOOMBAH

9539-2N

1985

1:25000

WOOTTON

9333-2N

1984

1:25000

WYLIE CREEK

9340-4N

1977

1:25000

WYNDHAM

8824-3S

1973

1:25000

WYONG

9131-2N

1984

1:25000

YALWAL

8928-2S

1982

1:25000

YAMBA

9539-2S

1985

1:25000

YAMBULLA

8723-2N

1973

1:25000

YANKEES GAP

8824-4N

1973

1:25000

YAOUK

8626-2N

1979

1:25000

YARARA

8426-4S

1976

1:25000

YARRAMAN

8934-4N

1979

1:25000

YARRANGOBILLY

8526-1S

1977

1:25000

YARRAS

9335-2S

1999

1:25000

YARROWITCH

9235-2N

1972

1:25000

YARROWYCK

9137-2S

1986

1:25000

YATES FLAT

9439-4N

1985

1:25000

YAVEN CREEK

8427-2N

1987

1:25000

YELLOW JACKET

9338-4S

1974

1:25000

YERONG CREEK

8327-3S

1976

1:25000

YERRANDERIE

8929-4N

1981

1:25000

YOWRIE

8825-3N

1972

1:25000

ABERCROMBIE

8730-S

1976

1:50000

ALBURY

8225-N

1978

1:50000

ALECTOWN

8532-S

1978

1:50000

ANNUELLO

7428-S

1978

1:50000

ARIAH PARK

8329-S

1974

1:50000

ASHFORD

9139-S

1980

1:50000

BAAN BAA

8836-N

1971

1:50000

BALLADORAN

8634-S

1976

1:50000

BALRANALD

7628-N

1978

1:50000

BARADINE

8736-S

1972

1:50000

BARHAM

7726-N

1976

1:50000

BARMEDMAN

8329-N

1974

1:50000

BELLATA

8838-S

1980

1:50000

BENDICK MURRELL

8529-N

1973

1:50000

BENEREMBAH

8029-S

1974

1:50000

BEREMBED WEIR

8228-S

1982

1:50000

BERRIDALE

8625-S

1980

1:50000

BERRIGAN

8026-N

1973

1:50000

BIGGA

8729-N

1975

1:50000

BILLYBINGBONE

8337-S

1987

1:50000

BINALONG

8628-N

1974

1:50000

BINNAWAY

8734-N

1976

1:50000

BLAYNEY

8730-N

1976

1:50000

BLIGHTY

7926-N

1976

1:50000

BOGAN GATE

8431-N

1978

1:50000

BOGGABILLA

8940-N

1979

1:50000

BOGOLONG HILLS

8228-N

1982

1:50000

BONSHAW

9139-N

1980

1:50000

BOOLIGAL

7830-S

1979

1:50000

BOOMI

8840-N

1980

1:50000

BOONA

8332-N

1978

1:50000

BOOROORBAN

7828-S

1978

1:50000

BOOROWA

8629-S

1974

1:50000

BORAH

8836-S

1972

1:50000

BUDDABADAH

8334-S

1986

1:50000

BUGALDIE

8735-N

1977

1:50000

BUNDEMAR

8534-S

1986

1:50000

BUNNA BUNNA

8738-S

1980

1:50000

BURREN JUNCTION

8637-N

1972

1:50000

BURRENDONG

8732-N

1977

1:50000

CAL LAL

7129-N

1983

1:50000

CALOONA

8740-S

1980

1:50000

CANONBA

8335-S

1979

1:50000

CANOWINDRA

8630-N

1977

1:50000

CARINDA

8437-S

1979

1:50000

CARRATHOOL

7929-S

1979

1:50000

COLEAMBALLY

8028-S

1974

1:50000

COLIGNAN

7328-N

1983

1:50000

COLLARENEBRI

8638-N

1980

1:50000

COLLIE

8534-N

1986

1:50000

COMBARA

8535-N

1986

1:50000

COME BY CHANCE

8537-S

1896

1:50000

CONARGO

7927-S

1977

1:50000

CONDOBOLIN

8331-N

1978

1:50000

COOLAC

8528-S

1973

1:50000

COOLAMON

8328-S

1974

1:50000

COONABARABRAN

8735-S

1977

1:50000

COONAMBLE

8536-S

1979

1:50000

COONONG

8127-N

1972

1:50000

COOTAMUNDRA

8528-N

1973

1:50000

COROBIMILLA

8128-S

1983

1:50000

COWL COWL

7930-N

1979

1:50000

COWRA

8630-S

1977

1:50000

CROOKWELL

8729-S

1975

1:50000

CROPPA CREEK

8939-N

1978

1:50000

CUBBO

8736-N

1972

1:50000

CUDAL

8631-S

1977

1:50000

CULPATARO

7730-N

1979

1:50000

CUMNOCK

8632-S

1977

1:50000

CUNNINYEUK

7627-N

1982

1:50000

CUTTABRI

8737-S

1972

1:50000

DALTON

8728-N

1975

1:50000

DANDALOO

8433-S

1978

1:50000

DARLINGTON POINT

8028-N

1974

1:50000

DELEGATE

8623-N

1980

1:50000

DENILIQUIN

7826-N

1978

1:50000

DOLGELLY

8840-S

1980

1:50000

DUNEDOO

8733-N

1975

1:50000

EDGEROI

8837-N

1981

1:50000

EMMAVILLE

9239-S

1981

1:50000

EPSOM DOWNS

7928-S

1978

1:50000

EUABALONG

8131-N

1979

1:50000

EUCHAREENA

8732-S

1977

1:50000

EUCUMBENE

8625-N

1980

1:50000

EULALIE

8639-N

1980

1:50000

EUSTON

7428-N

1978

1:50000

FAIRHOLME

8331-S

1978

1:50000

FIFIELD

8332-S

1978

1:50000

FORBES

8531-S

1978

1:50000

GARAH

8839-N

1980

1:50000

GEERA

8337-N

1979

1:50000

GEURIE

8633-S

1975

1:50000

GILGANDRA

8634-N

1976

1:50000

GOGELDRIE WEIR

8128-N

1983

1:50000

GOOLGOWI

8030-S

1980

1:50000

GOOLMA

8733-S

1975

1:50000

GOOLOOGONG

8530-N

1978

1:50000

GOONAL

8739-S

1980

1:50000

GRADGERY

8435-N

1986

1:50000

GRADULE

8740-N

1980

1:50000

GRAMAN

9039-S

1980

1:50000

GRAVESEND

8938-N

1978

1:50000

GRENFELL

8530-S

1978

1:50000

GULARGAMBONE

8535-S

1979

1:50000

GULGONG

8833-S

1976

1:50000

GUNBAR

7929-N

1978

1:50000

GUNNING

8728-S

1975

1:50000

GURLEY

8838-N

1980

1:50000

GWABEGAR

8636-N

1972

1:50000

HAY

7828-N

1979

1:50000

HILL END

8731-N

1977

1:50000

HILLSTON

8031-S

1979

1:50000

HOWLONG

8226-S

1972

1:50000

ILLILAWA

7829-S

1970

1:50000

JEMALONG

8431-S

1978

1:50000

JERILDERIE

8027-S

1972

1:50000

JUNEE

8428-S

1973

1:50000

KEELY

7726-S

1976

1:50000

KERANG

7626-N

1978

1:50000

KERRIWAH

8333-S

1978

1:50000

KHANCOBAN

8525-N

1980

1:50000

KIACATOO

8231-N

1979

1:50000

KOORAWATHA

8629-N

1974

1:50000

KYALITE

7528-S

1978

1:50000

LAKE CARGELLIGO

8131-S

1979

1:50000

LAKE WYANGAN

8129-N

1984

1:50000

LOCKHART

8227-N

1972

1:50000

LOWESDALE

8126-S

1973

1:50000

MARRA

8336-S

1987

1:50000

MARSDEN

8430-S

1978

1:50000

MATHOURA

7826-S

1976

1:50000

MAUDE

7729-S

1979

1:50000

MENDOORAN

8734-S

1976

1:50000

MILDURA

7329-N

1983

1:50000

MIMOSA

8328-N

1974

1:50000

MOAMA

7825-N

1982

1:50000

MOGIL MOGIL

8639-S

1980

1:50000

MOGRIGUY

8633-N

1975

1:50000

MOLE RIVER

9239-N

1980

1:50000

MOLONG

8631-N

1978

1:50000

MONAK

7329-S

1983

1:50000

MONIA GAP

8030-N

1980

1:50000

MORAGO

7827-S

1979

1:50000

MORANGARELL

8429-N

1973

1:50000

MOREE

8839-S

1980

1:50000

MOULAMEIN

7727-N

1978

1:50000

MOUNT CEMON

7930-S

1979

1:50000

MOUNT HARRIS

8435-S

1979

1:50000

MOUNT KOSCIUSKO

8525-S

1980

1:50000

MUDGEE

8832-N

1977

1:50000

MULLALEY

8835-N

1980

1:50000

MURRAWOMBIE

8335-N

1986

1:50000

NARADHAN

8130-N

1980

1:50000

NARRABRI

8837-S

1872

1:50000

NARROMINE

8533-N

1978

1:50000

NEVERTIRE

8434-S

1986

1:50000

NORTH STAR

8940-S

1979

1:50000

NUMBLA VALE

8624-N

1980

1:50000

NYNGAN

8334-N

1985

1:50000

OAKLANDS

8126-N

1972

1:50000

ONE EYE TANK

8031-N

1979

1:50000

ONE TREE

7829-N

1970

1:50000

OOLAMBEYAN

7928-N

1979

1:50000

OXLEY

7729-N

1978

1:50000

PALLAMALLAWA

8939-S

1978

1:50000

PARKES

8531-N

1978

1:50000

PEAK HILL

8532-N

1978

1:50000

PEREKERTEN

7628-S

1978

1:50000

PILLIGA

8637-S

1972

1:50000

PLEASANT HILLS

8227-S

1972

1:50000

QUABOTHOO

8436-N

1986

1:50000

QUAMBONE

8436-S

1979

1:50000

RANKINS SPRINGS

8130-S

1980

1:50000

ROCKY DAM

9039-N

1980

1:50000

ROWENA

8638-S

1980

1:50000

RYLSTONE

8832-S

1977

1:50000

SAPPA BULGA

8533-S

1978

1:50000

SEBASTOPOL

8428-N

1973

1:50000

SOFALA

8831-N

1976

1:50000

STEAM PLAINS

7927-N

1977

1:50000

STRATHMERTON

7926-S

1976

1:50000

SUGGAN BUGGAN

8524-S

1980

1:50000

SWAN HILL

7627-S

1982

1:50000

TABBITA

8029-N

1974

1:50000

TAHRONE

8536-N

1987

1:50000

TAMBAR SPRINGS

8835-S

1979

1:50000

TARWONG

7730-S

1979

1:50000

TCHELERY

7728-S

1979

1:50000

TELLERAGA

8738-N

1980

1:50000

TEMORA

8429-S

1973

1:50000

TENANDRA

8635-N

1976

1:50000

TERIDGERIE

8636-S

1972

1:50000

TERRY HIE HIE

8938-S

1978

1:50000

TEXAS

9140-S

1979

1:50000

THREDBO

8524-N

1980

1:50000

TOCUMWAL

8026-S

1973

1:50000

TOMBONG

8624-S

1980

1:50000

TOMS LAKE

7830-N

1978

1:50000

TOOGIMBIE

7728-N

1979

1:50000

TOOLEYBUC

7527-N

1978

1:50000

TOORAWEENAH

8635-S

1977

1:50000

TOTTENHAM

8333-N

1978

1:50000

TRANGIE

8433-N

1978

1:50000

TRUNDLE

8432-S

1978

1:50000

TULLAMORE

8432-N

1978

1:50000

TULLIBIGEAL

8231-S

1979

1:50000

UARBRY

8833-N

1976

1:50000

UNGARIE

8230-N

1979

1:50000

URANA

8127-S

1972

1:50000

WAKOOL

7727-S

1979

1:50000

WALBUNDRIE

8226-N

1972

1:50000

WALGETT

8537-N

1987

1:50000

WALLANGARRA

9240-S

1981

1:50000

WALLEROOBIE RANGE

8229-S

1982

1:50000

WAMBOYNE

8330-N

1978

1:50000

WANGANELLA

7827-N

1978

1:50000

WANOURIE

8437-N

1987

1:50000

WARREN

8434-N

1986

1:50000

WEE WAA

8737-N

1972

1:50000

WEEMELAH

8739-N

1980

1:50000

WEETALIBA

8834-N

1979

1:50000

WEETHALLE

8230-S

1980

1:50000

WEIMBY

7528-N

1978

1:50000

WELLINGTON

8632-N

1977

1:50000

WENTWORTH

7229-N

1983

1:50000

WILSON

8027-N

1972

1:50000

WIRRINYA

8430-N

1978

1:50000

WOMBOIN

8336-N

1986

1:50000

WYALONG

8330-S

1978

1:50000

YALGOGRIN RANGE

8229-N

1982

1:50000

YASS

8628-S

1974

1:50000

YELARBON

9040-N

1979

1:50000

YETMAN

9040-S

1979

1:50000

YOOGALI

8129-S

1984

1:50000

YOUNG

8529-S

1973

1:50000

Schedule 3 Categories and subcategories of licences

(Clause 4 (2))

Column 1

Column 2

Category of access licence

Subcategory of access licence

Regulated river (high security)

Aboriginal commercial

 

Aboriginal community development

 

Aboriginal cultural

 

Community and education

 

Environmental

 

Research

 

Town water supply

Regulated river (general security)

Aboriginal commercial

 

Aboriginal community development

 

Community and education

 

Environmental

 

Research

Local water utility

Domestic and commercial

Major utility

Power generation

 

Urban water

Domestic and stock

Domestic

 

Stock

 

Town water supply

Unregulated river

Aboriginal commercial

 

Aboriginal community development

 

Aboriginal cultural

 

Community and education

 

Environmental

 

Research

 

Town water supply

Aquifer

Aboriginal commercial

 

Aboriginal community development

 

Aboriginal cultural

 

Community and education

 

Environmental

 

Research

 

Town water supply

Supplementary water

Aboriginal environmental

 

Environmental

 

(Lowbidgee)

 

Storage

Regulated river (conveyance)

Environmental

Murrumbidgee Irrigation (conveyance)

Environmental

Coleambally Irrigation (conveyance)

Environmental

Floodplain harvesting

Environmental

Unregulated river (high flow)

Environmental

Schedule 4 Access licences and approvals arising from former entitlements, and certain deemed approvals—particular provisions

(Clauses 17, 24 and 29)

Part 1 Definitions

1   Definitions

In this Schedule:

authorised area, in relation to an entitlement, means the authorised area specified in the entitlement.

general security entitlement means an entitlement that:

(a)  pursuant to clause 4 of Schedule 10 to the Act, has been replaced by a regulated river (general security) access licence, regulated river (general security—A class) access licence, regulated river (general security—B class) access licence, or
(b)  pursuant to clause 4A of Schedule 10 to the Act (as taken to be inserted by clause 50 (2) of this Schedule), has been replaced by an aquifer (general security) access licence.

Part 5 entitlement means a licence under Part 5 of the former 1912 Act.

section 18 entitlement means an additional licence under section 18 (2) of the former 1912 Act.

section 20B entitlement means an authority for a joint water supply scheme under section 20B of the former 1912 Act that, immediately before the appointed day, was subject to a high flow condition.

section 20AA direction means a direction under section 20AA of the former 1912 Act.

Part 2 Particular provisions relating to access licences arising from former entitlements

Division 1A Security interests in and co-holders of replacement access licences

1A   Application of Division

(1)  This Division applies to and in respect of each entitlement with respect to each of the following water sources, and to each access licence arising from any such entitlement:
(a)  the water sources to which the Water Sharing Plan for the Castlereagh (below Binnaway) Unregulated and Alluvial Water Sources 2011 applies,
(b)  the water sources to which the Water Sharing Plan for the North Western Unregulated and Fractured Rock Water Sources 2011 applies,
(c)  the water sources to which the Water Sharing Plan for the NSW Great Artesian Basin Shallow Groundwater Sources 2011 applies,
(d)  the water sources to which the Water Sharing Plan for the Intersecting Streams Unregulated and Alluvial Water Sources 2011 applies.
(2)  A reference in this Division to the appointed day is a reference to the appointed day for the entitlement or access licence concerned.

1B   Registration of security interests in replacement access licences

(1)  Pursuant to clause 1 of Schedule 9 to the Act, clause 19 of Schedule 10 to the Act is to be construed as if the reference in clause 19 (5) to the commencement of Part 2 of Schedule 10 to the Act were a reference to the appointed day.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclauses are taken to be inserted after clause 19 (10) of Schedule 10 to the Act:
  
(10A)  Subclause (10B) applies only to an access licence arising from an entitlement with respect to land in respect of which an interest was, immediately before the appointed day, registered under the Real Property Act 1900 or under the Corporations Act 2001 of the Commonwealth.
(10B)  No dealing that requires the consent of the holder of a security interest may be registered in relation to an access licence until the expiry of the prescribed period unless, before the expiry of that period, the holder of the interest:
(a)  has lodged with the Director-General a notice of the kind referred to in subclause (5) (d), or
(b)  has notified the Director-General that the holder does not propose to seek registration of the interest in the Access Register.

1C   Entitlements held by 2 or more co-holders

Pursuant to clause 1 of Schedule 9 of the Act, clause 23 of Schedule 10 to the Act is taken to have been replaced by the following clause:
  

23   Entitlements held by 2 or more co-holders

Two or more co-holders of a replacement access licence are taken to hold the access licence:
(a)  if the Minister has a record of the shares in which the former entitlement was held immediately before the appointed day, in the same shares as the former entitlement was so held, or
(b)  if the Minister has no such record, but within 2 months after sending a written request to the co-holders seeking information as to their shareholding the Director-General receives:
(i)  a notice, signed by or on behalf of each of them, by which they agree as to the shares in which they hold the access licence, or
(ii)  a notice, signed by any one of them, to the effect that legal proceedings have been commenced for the purpose of obtaining a declaration as to the shares in which they hold the access licence,
      in the agreed shares referred to in the notice under subparagraph (i), or in the shares determined pursuant to the legal proceedings referred to in the notice under subparagraph (ii), as the case may be, or
(c)  in any other case, as tenants in common with the entitlements conferred by the licence under section 56 apportioned equally between them.

Division 1 Replacement water access licences (1 July 2004)

2   Gwydir

(1)  On 1 July 2004, a section 18 entitlement or section 20B entitlement with respect to the Gwydir is taken to have been replaced by a supplementary water access licence with a share component calculated in accordance with the following formula:


where:

S1 represents the share component for the supplementary water access licence, expressed in megalitres.

D (the base amount under this subclause) represents an area equivalent to 6 times the area (measured in hectares) of the authorised area in relation to the entitlement.

ΣD represents the sum of the base amounts under this subclause for all section 18 entitlements or section 20B entitlements with respect to the Gwydir.

ΣE represents the sum of the base amounts under subclause (2) for all general security entitlements with respect to the Gwydir.

(2)  On 1 July 2004, a general security entitlement with respect to the Gwydir is taken to have been replaced not only by the relevant access licence referred to in Schedule 11 to the Act but also by a supplementary water access licence with a share component calculated in accordance with the following formula:


where:

S2 represents the share component for the supplementary water access licence, expressed in megalitres.

E (the base amount under this subclause) represents the volume of water authorised by the entitlement immediately before 1 July 2004.

ΣD represents the sum of the base amounts under subclause (1) for all section 18 entitlements or section 20B entitlements with respect to the Gwydir.

ΣE represents the sum of the base amounts under this subclause for all general security entitlements with respect to the Gwydir.

(3)  In this clause, a reference to the Gwydir is a reference to the Gwydir regulated river water source identified in the Water Sharing Plan for the Gwydir Regulated River Water Source 2002, as in force on 1 July 2004.

3   Hunter

(1)  On 1 July 2004, the entitlement identified as 20MW000021 with respect to the Hunter is taken to have been replaced not only by the relevant access licence referred to in Schedule 11 to the Act but also by a supplementary water access licence with a share component of 36,000 megalitres.
(2)  On 1 July 2004, a general security entitlement with respect to the Hunter (other than the entitlement referred to in subclause (1)) is taken to have been replaced not only by the relevant access licence referred to in Schedule 11 to the Act but also by a supplementary water access licence with a share component equivalent to the greater of the following:
(a)  the greatest volume of water (in megalitres) taken in excess of the volume authorised by the entitlement in any water year between 1 July 1993 and 30 June 2000,
(b)  the greatest volume of water (in megalitres) taken pursuant to a relevant section 20AA direction in any water year between 1 July 1993 and 30 June 1998.
(3)  In this clause, a reference to the Hunter is a reference to the Hunter regulated river water source identified in the Water Sharing Plan for the Hunter Regulated River Water Source 2003, as in force on 1 July 2004.

4   Lower Darling

(1)  On 1 July 2004, a general security entitlement with respect to the Lower Darling is taken to have been replaced not only by the relevant access licence referred to in Schedule 11 to the Act but also by a supplementary water access licence with a share component calculated in accordance with the following formula:


where:

S represents the share component for the supplementary water access licence, expressed in megalitres.

E (the base amount under this subclause) represents the greatest volume of water (in megalitres) taken in excess of the entitlement in any water year between 1 July 1983 and 30 June 2001.

ΣE represents the sum of the base amounts under this subclause for all general security entitlements with respect to the Lower Darling.

(2)  In this clause, a reference to the Lower Darling is a reference to the Lower Darling regulated river water source identified in the Water Sharing Plan for the New South Wales Murray and Lower Darling Regulated Rivers Water Sources 2003, as in force on 1 July 2004.

5   Lower Namoi

(1)  On 1 July 2004, a section 18 entitlement or section 20B entitlement with respect to the Lower Namoi is taken to have been replaced by a supplementary water access licence with a share component calculated as follows:
(a)  if D is equal to or greater than G, in accordance with the following formula:

(b)  if D is less than G, in accordance with whichever of the following formulae yield the lesser volume:

where:

S1 represents the share component for the supplementary water access licence, expressed in megalitres.

D (the base amount under this subclause) represents the greater of:

(a)  the greatest volume of water taken pursuant to the entitlement in any water year between 1 July 1990 and 30 June 2001, and
(b)  one megalitre per hectare of the authorised area in relation to the entitlement.

G represents the average number of days per water year on which pumping water pursuant to the entitlement was permissible in the water years between 1 July 1990 and 30 June 2001, multiplied by the assessed pump capacity associated with the entitlement.

E represents the base amount under subclause (2) for the associated general security entitlement.

ΣE represents the sum of the base amounts under subclause (2) for all general security entitlements with respect to the Lower Namoi.

(2)  On 1 July 2004, a general security entitlement with respect to the Lower Namoi is taken to have been replaced not only by the relevant access licence referred to in Schedule 11 to the Act but also by a supplementary water access licence with a share component calculated as follows:
(a)  if the holder of the general security entitlement:
(i)  is not also the holder of a section 18 entitlement or section 20B entitlement, or
(ii)  is also the holder of a section 18 entitlement or section 20B entitlement and D is equal to or greater than G,
      in accordance with the following formula:

(b)  if the holder of the general security entitlement is also the holder of a section 18 entitlement or section 20B entitlement and D is less than G, in accordance with the following formula:

where:

S2 represents the share component for the supplementary water access licence, expressed in megalitres.

D represents the base amount under subclause (1) for the associated section 18 entitlement or section 20B entitlement.

E (the base amount under this subclause) represents the greater of:

(a)  the greatest volume of water taken pursuant to the relevant section 20AA direction in any water year between 1 July 1990 and 30 June 2001, and
(b)  one megalitre per hectare of the authorised area in relation to the general security entitlement.

G represents the average number of days per water year on which pumping water pursuant to the associated section 18 entitlement or section 20B entitlement was permissible in the water years between 1 July 1990 and 30 June 2001, multiplied by the assessed pump capacity associated with the entitlement.

S1 represents the share component for the associated section 18 entitlement or section 20B entitlement under subclause (1).

ΣE represents the sum of the base amounts under this subclause for all general security entitlements with respect to the Lower Namoi.

(3)  For the purposes of this clause, a section 18 entitlement or section 20B entitlement and a general security entitlement are associated with each other if, under the former 1912 Act, the one was granted in relation to the other.
(4)  In this clause, a reference to the Lower Namoi is a reference to the Lower Namoi regulated river water source identified in the Water Sharing Plan for the Upper Namoi and Lower Namoi Regulated River Water Sources 2003, as in force on 1 July 2004.

6   Macquarie and Cudgegong

(1)  On 1 July 2004, a section 18 entitlement or section 20B entitlement with respect to the Macquarie and Cudgegong is taken to have been replaced by a supplementary water access licence with a share component calculated in accordance with the following formula:


where:

S1 represents the share component for the supplementary water access licence, expressed in megalitres.

D (the base amount under this subclause) represents an area equivalent to 8 times the area (measured in hectares) of the authorised area in relation to the entitlement.

ΣD represents the sum of the base amounts under this subclause for all section 18 entitlements or section 20B entitlements with respect to the Macquarie and Cudgegong.

ΣE represents the sum of the base amounts under subclause (2) for all general security entitlements with respect to the Macquarie and Cudgegong.

(2)  On 1 July 2004, a general security entitlement with respect to the Macquarie and Cudgegong is taken to have been replaced not only by the relevant access licence referred to in Schedule 11 to the Act but also by a supplementary water access licence with a share component calculated in accordance with the following formula:


where:

S2 represents the share component for the supplementary water access licence, expressed in megalitres.

E (the base amount under this subclause) represents the volume of water authorised by the entitlement immediately before 1 July 2004.

ΣD represents the sum of the base amounts under subclause (1) for all section 18 entitlements or section 20B entitlements with respect to the Macquarie and Cudgegong.

ΣE represents the sum of the base amounts under this subclause for all general security entitlements with respect to the Macquarie and Cudgegong.

(3)  In this clause, references to the Macquarie and Cudgegong are references to the Macquarie and Cudgegong regulated river water sources identified in the Water Sharing Plan for the Macquarie and Cudgegong Regulated Rivers Water Source 2003, as in force on 1 July 2004.

7   Murray

(1)  On 1 July 2004, each entitlement with respect to the Murray referred to in Column 1 of Subdivision 2 of Division 1 of Part 4 of this Schedule is taken to have been replaced not only by the relevant access licence referred to in Schedule 11 to the Act but also by a supplementary water access licence with a share component equivalent to the volume of water (expressed in megalitres) specified in Column 2 of that Subdivision with respect to that entitlement.
(2)  In this clause, a reference to the Murray is a reference to the Murray regulated river water source identified in the Water Sharing Plan for the New South Wales Murray and Lower Darling Regulated Rivers Water Sources 2003, as in force on 1 July 2004.
(3)  Each person who, as at 18 December 2009, is a member of the Eagle Creek Pumping Syndicate Incorporated (INC 9890882) is taken to have the same rights under the following access licences, namely WAL 14879, WAL 14880 and WAL 14881, as that person, or that person’s predecessor in title, had as at 1 July 2004.
(4)  Subclause (3) applies:
(a)  whether or not the access licences referred to in that subclause have been issued, and
(b)  whether or not any transfers under section 71M of the Act have been registered in the Access Register in relation to those access licences.

8   Murrumbidgee

(1)  On 1 July 2004, each entitlement with respect to the Murrumbidgee referred to in Column 1 of Subdivision 1 of Division 1 of Part 4 of this Schedule is taken to have been replaced not only by the relevant access licence referred to in Schedule 11 to the Act but also by a supplementary water access licence with a share component equivalent to the volume of water (expressed in megalitres) specified in Column 2 of that Subdivision with respect to that entitlement.
(2)  On 27 July 2007, the entitlement identified as licence number 40SL025182H under the former 1912 Act is taken to have been replaced by a supplementary water access licence with a share component equivalent to a volume of water of 5,943 megalitres.
(3)  In this clause, a reference to the Murrumbidgee is a reference to the Murrumbidgee regulated river water source identified in the Water Sharing Plan for the Murrumbidgee Regulated River Water Source 2003, as in force on 1 July 2004.

9   Miscellaneous

(1)  A general security entitlement is not replaced by a supplementary water access licence if the share component for such a licence, calculated in accordance with this Division, would be zero.
(2)  A supplementary water access licence that has replaced a general security entitlement is subject to such conditions, not inconsistent with any mandatory conditions referred to in clause 20 of Schedule 10 to the Act, as were most recently applicable to the taking and use of water under the entitlement.

10   Extension of time for registration of security interests

(1)  This clause applies to any 1 July 2004 access licence for which particulars were first recorded in the Access Register on or after 1 July 2006, other than:
(a)  a domestic and stock access licence, or
(b)  an access licence for which an access licence certificate has been issued, whether before or after the commencement of this clause, or
(c)  an access licence for which an access licence certificate has not been issued, but on which there is a notation to the effect that dealings in the licence may be recorded in the Access Register.
(2)  This clause also applies to the following 1 July 2004 access licences, namely, the licences numbered 7593, 7770, 7793, 7799, 7800, 7952, 7960, 7961, 7983, 7984, 8184, 8278, 8285, 8311, 8312 and 8367.
(3)  Pursuant to clause 1 of Schedule 9 to the Act, clause 19 of Schedule 10 to the Act is to be construed, in its application to an access licence to which this clause applies, as if the reference in clause 19 (11) to 36 months were a reference to:
(a)  except as provided by paragraphs (b), (c) and (d), 48 months, or
(b)  in the case of an access licence arising from an entitlement referred to in Division 2 of Part 4 of this Schedule (other than one referred to in paragraph (c) or (d)), 60 months, or
(c)  in the case of an access licence arising from an entitlement numbered 30SA004518, 60SA008558, 70SA009598, 80SA010605 or 90SA011551, 72 months, or
(d)  in the case of an access licence arising from an entitlement numbered 50SA000207, 80SA000962 or 90SL051364, 90 months.
(4)  In this clause, 1 July 2004 access licence means an access licence that came into being on 1 July 2004 in relation to a water source the subject of a water sharing plan listed, in connection with a proclamation under sections 55A (1) and 88A (1) of the Act, on page 5006 or 5007 of Gazette No 110 of 1 July 2004.

Division 2 Replacement access licences for certain Part 5 entitlements (1 October 2006)

11   Application of Division

This Division applies to and in respect of each Part 5 entitlement referred to in Column 1 of Division 3 of Part 4 of this Schedule, and to and in respect of each access licence arising from any such entitlement, but not to any other entitlement or access licence.

12   New share components for existing Part 5 entitlements

(1)  This clause applies for the purposes of clause 3 (1) (a), and clause 8, of Schedule 10 to the Act.
(2)  On 1 October 2006, a Part 5 entitlement (or group of Part 5 entitlements) referred to in Column 1 of Division 3 of Part 4 of this Schedule is taken to have been replaced:
(a)  by an aquifer access licence with a share component of the volume specified in Column 2 of that Division, and
(b)  if a volume is specified in Column 3 of that Division, by a supplementary water access licence with a share component of the volume so specified.
(3)  Part 5 entitlement 50BL196431 is taken also to have been replaced by a domestic and stock [Stock] access licence with a share component of a volume of 324 megalitres.
(4)  Subclause (3) is taken to have commenced on 1 October 2006.
(5)  The volumes specified in Columns 2 and 3 of Division 3 of Part 4 of this Schedule in relation to any Part 5 entitlement (or group of Part 5 entitlements) have been calculated in accordance with whichever of the following methodologies is relevant to that entitlement or group of entitlements:
(a)  in the case of entitlements relating to the Lower Gwydir Groundwater Source within the meaning of the Water Sharing Plan for the Lower Gwydir Groundwater Source 2003, the methodology set out in clauses 25C and 25D of that plan,
(b)  in the case of entitlements relating to the Lower Macquarie Groundwater Sources within the meaning of the Water Sharing Plan for the Lower Macquarie Groundwater Sources 2003, the methodology set out in clauses 25C and 25D of that plan,
(c)  in the case of entitlements relating to the Lower Murrumbidgee Groundwater Sources within the meaning of the Water Sharing Plan for the Lower Murrumbidgee Groundwater Sources 2003, the methodology set out in clauses 25C and 25D of that plan.

13   Registration of security interests in replacement access licences

(1)  Pursuant to clause 1 of Schedule 9 to the Act, clause 19 of Schedule 10 to the Act is to be construed as if:
(a)  the reference in clause 19 (5) to the commencement of Part 2 of Schedule 10 to the Act were a reference to 1 October 2006, and
(b)  the reference in clause 19 (5) (a) to replacement access licences were a reference to replacement access licences arising under clause 12 of this Schedule in relation to the water sources referred to in Division 3 of Part 4 of this Schedule.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclauses are taken to be inserted after clause 19 (10) of Schedule 10 to the Act:
  
(10A)  Subclause (10B) applies only to an access licence arising from an entitlement with respect to land in respect of which an interest was, immediately before 1 October 2006, registered under the Real Property Act 1900 or under the Corporations Act 2001 of the Commonwealth.
(10B)  No dealing that requires the consent of the holder of a security interest may be registered in relation to an access licence until the expiry of the prescribed period unless, before the expiry of that period, the holder of the interest:
(a)  has lodged with the Director-General a notice of the kind referred to in subclause (5) (d), or
(b)  has notified the Director-General that the holder does not propose to seek registration of the interest in the Access Register.

14   Entitlements held by 2 or more co-holders

Pursuant to clause 1 of Schedule 9 to the Act, clause 23 of Schedule 10 to the Act is taken to have been replaced by the following clause:
  

23   Entitlements held by 2 or more co-holders

Two or more co-holders of a replacement access licence are taken to hold the access licence:
(a)  if the Minister has a record of the shares in which the former entitlement was held immediately before the appointed day, in the same shares as the former entitlement was so held, or
(b)  if the Minister has no such record, but within 2 months after sending a written request to the co-holders seeking information as to their shareholder the Director-General receives:
(i)  a notice, signed by or on behalf of each of them, by which they agree as to the shares in which they hold the access licence, or
(ii)  a notice, signed by any one of them, to the effect that legal proceedings have been commenced for the purpose of obtaining a declaration as to the shares in which they hold the access licence,
      in the agreed shares referred to in the notice under subparagraph (i), or in the shares determined pursuant to the legal proceedings referred to in the notice under subparagraph (ii), as the case may be, or
(c)  in any other case, as tenants in common with the entitlements conferred by the licence under section 56 apportioned equally between them.

15   Water allocations

Pursuant to clause 1 of Schedule 9 to the Act, clause 25 of Schedule 10 to the Act is to be construed as if clause 25 (4) were replaced by the following subclause:
  
(4)  The water allocations for a replacement access licence are to be adjusted as required by the accounting practices applicable for the time being to water allocation accounts, except that no such adjustment arising from water taken before 1 October 2006 is to be made after 30 June 2008.

Division 3 Replacement access licences for Part 5 entitlements for the Lower Murray (1 November 2006)

16   Application of Division

This Division applies to and in respect of each Part 5 entitlement referred to in Column 1 of Division 4 of Part 4 of this Schedule, and to and in respect of each access licence arising from any such entitlement, but not to any other entitlement or access licence.

17   New share components for existing Part 5 entitlements

(1)  This clause applies for the purposes of clause 3 (1) (a), and clause 8, of Schedule 10 to the Act.
(2)  On 1 November 2006, a Part 5 entitlement (or group of Part 5 entitlements) referred to in Column 1 of Division 4 of Part 4 of this Schedule is taken to have been replaced:
(a)  by an aquifer access licence with a share component of the volume specified in Column 2 of that Division, and
(b)  if a volume is specified in Column 3 of that Division, by a supplementary water access licence with a share component of the volume so specified.
(3)  The volumes specified in Columns 2 and 3 of Division 4 of Part 4 of this Schedule in relation to any Part 5 entitlement (or group of Part 5 entitlements) have been calculated in accordance with the methodology set out in clauses 27 and 28 of the Water Sharing Plan for the Lower Murray Groundwater Source.

18   Registration of security interests in replacement access licences

(1)  Pursuant to clause 1 of Schedule 9 to the Act, clause 19 of Schedule 10 to the Act is to be construed as if:
(a)  the reference in clause 19 (5) to the commencement of Part 2 of Schedule 10 to the Act were a reference to 1 November 2006, and
(b)  the reference in clause 19 (5) (a) to replacement access licences were a reference to replacement access licences arising under clause 17 of this Schedule in relation to the water sources referred to in Division 4 of Part 4 of this Schedule.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclauses are taken to be inserted after clause 19 (10) of Schedule 10 to the Act:
  
(10A)  Subclause (10B) applies only to an access licence arising from an entitlement with respect to land in respect of which an interest was, immediately before 1 November 2006, registered under the Real Property Act 1900 or under the Corporations Act 2001 of the Commonwealth.
(10B)  No dealing that requires the consent of the holder of a security interest may be registered in relation to an access licence until the expiry of the prescribed period unless, before the expiry of that period, the holder of the interest:
(a)  has lodged with the Director-General a notice of the kind referred to in subclause (5) (d), or
(b)  has notified the Director-General that the holder does not propose to seek registration of the interest in the Access Register.

19   Entitlements held by 2 or more co-holders

Pursuant to clause 1 of Schedule 9 to the Act, clause 23 of Schedule 10 to the Act is taken to have been replaced by the following clause:
  

23   Entitlements held by 2 or more co-holders

Two or more co-holders of a replacement access licence are taken to hold the access licence:
(a)  if the Minister has a record of the shares in which the former entitlement was held immediately before the appointed day, in the same shares as the former entitlement was so held, or
(b)  if the Minister has no such record, but within 2 months after sending a written request to the co-holders seeking information as to their shareholding the Director-General receives:
(i)  a notice, signed by or on behalf of each of them, by which they agree as to the shares in which they hold the access licence, or
(ii)  a notice, signed by any one of them, to the effect that legal proceedings have been commenced for the purpose of obtaining a declaration as to the shares in which they hold the access licence,
      in the agreed shares referred to in the notice under subparagraph (i), or in the shares determined pursuant to the legal proceedings referred to in the notice under subparagraph (ii), as the case may be, or
(c)  in any other case, as tenants in common with the entitlements conferred by the licence under section 56 apportioned equally between them.

20   Water allocations

Pursuant to clause 1 of Schedule 9 to the Act, clause 25 of Schedule 10 to the Act is to be construed as if clause 25 (4) were replaced by the following subclause:
  
(4)  The water allocations for a replacement access licence are to be adjusted as required by the accounting practices applicable for the time being to water allocation accounts, except that no such adjustment arising from water taken before 1 November 2006 is to be made after 30 June 2008.

Division 4 Replacement access licences for Part 5 entitlements for the Upper and Lower Namoi (1 November 2006)

21   Application of Division

This Division applies to and in respect of each Part 5 entitlement referred to in Column 1 of Division 5 of Part 4 of this Schedule, and to and in respect of each access licence arising from any such entitlement, but not to any other entitlement or access licence.

22   New share components for existing Part 5 entitlements

(1)  This clause applies for the purposes of clause 3 (1) (a), and clause 8, of Schedule 10 to the Act.
(2)  On 1 November 2006, a Part 5 entitlement (or group of Part 5 entitlements) referred to in Column 1 of Division 5 of Part 4 of this Schedule is taken to have been replaced:
(a)  by an aquifer access licence with a share component of the volume specified in Column 2 of that Division, and
(b)  if a volume is specified in Column 3 of that Division, by a supplementary water access licence with a share component of the volume so specified.
(3)  The volumes specified in Columns 2 and 3 of Division 4 of Part 4 of this Schedule in relation to any Part 5 entitlement (or group of Part 5 entitlements) have been calculated in accordance with the methodology set out in clauses 25C and 25D of the Water Sharing Plan for the Upper and Lower Namoi Groundwater Sources 2003.

23   Registration of security interests in replacement access licences

(1)  Pursuant to clause 1 of Schedule 9 to the Act, clause 19 of Schedule 10 to the Act is to be construed as if:
(a)  the reference in clause 19 (5) to the commencement of Part 2 of Schedule 10 to the Act were a reference to 1 November 2006, and
(b)  the reference in clause 19 (5) (a) to replacement access licences were a reference to replacement access licences arising under clause 21 in relation to the water sources referred to in Division 4 of Part 4 of this Schedule.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclauses are taken to be inserted after clause 19 (10) of Schedule 10 to the Act:
  
(10A)  Subclause (10B) applies only to an access licence arising from an entitlement with respect to land in respect of which an interest was, immediately before 1 November 2006, registered under the Real Property Act 1900 or under the Corporations Act 2001 of the Commonwealth.
(10B)  No dealing that requires the consent of the holder of a security interest may be registered in relation to an access licence until the expiry of the prescribed period unless, before the expiry of that period, the holder of the interest:
(a)  has lodged with the Director-General a notice of the kind referred to in subclause (5) (d), or
(b)  has notified the Director-General that the holder does not propose to seek registration of the interest in the Access Register.

24   Entitlements held by 2 or more co-holders

Pursuant to clause 1 of Schedule 9 to the Act, clause 23 of Schedule 10 to the Act is taken to have been replaced by the following clause:
  

23   Entitlements held by 2 or more co-holders

Two or more co-holders of a replacement access licence are taken to hold the access licence:
(a)  if the Minister has a record of the shares in which the former entitlement was held immediately before the appointed day, in the same shares as the former entitlement was so held, or
(b)  if the Minister has no such record, but within 2 months after sending a written request to the co-holders seeking information as to their shareholding the Director-General receives:
(i)  a notice, signed by or on behalf of each of them, by which they agree as to the shares in which they hold the access licence, or
(ii)  a notice, signed by any one of them, to the effect that legal proceedings have been commenced for the purpose of obtaining a declaration as to the shares in which they hold the access licence,
      in the agreed shares referred to in the notice under subparagraph (i), or in the shares determined pursuant to the legal proceedings referred to in the notice under subparagraph (ii), as the case may be, or
(c)  in any other case, as tenants in common with the entitlements conferred by the licence under section 56 apportioned equally between them.

25   Water allocations

Pursuant to clause 1 of Schedule 9 to the Act, clause 25 of Schedule 10 to the Act is to be construed as if clause 25 (4) were replaced by the following subclause:
  
(4)  The water allocations for a replacement access licence are to be adjusted as required by the accounting practices applicable for the time being to water allocation accounts, except that no such adjustment arising from water taken before 1 November 2006 is to be made after 30 June 2008.

Division 5 Replacement supplementary water access licences for Part 2 entitlements for the Paterson (1 July 2007)

26   Supplementary water access licences

(1)  On 1 July 2007, each section 18 entitlement and section 20B entitlement with respect to the Paterson is taken to have been replaced not only by the relevant access licence referred to in Schedule 11 to the Act but also by a supplementary water access licence with a share component equivalent to the greater of the following:
(a)  the greatest volume of water (in megalitres) taken in excess of the volume authorised by the entitlement in any water year between 1 July 1995 and 30 June 2005,
(b)  the greatest volume of water (in megalitres) taken pursuant to a relevant section 20AA direction in any water year between 1 July 1995 and 30 June 2005.
(2)  In this clause, a reference to the Paterson is a reference to the Paterson regulated river water source identified in the Water Sharing Plan for the Paterson Regulated River Water Source 2007, as in force on 1 July 2007.

Division 6 Replacement access licences for Part 5 entitlements for the Lower Lachlan (1 February 2008)

27   Application of Division

This Division applies to and in respect of each Part 5 entitlement referred to in Column 1 of Division 6 of Part 4 of this Schedule, and to and in respect of each access licence arising from any such entitlement, but not to any other entitlement or access licence.

28   New share components for existing Part 5 entitlements

(1)  This clause applies for the purposes of clause 3 (1) (a), and clause 8, of Schedule 10 to the Act.
(2)  On 1 February 2008, a Part 5 entitlement (or group of Part 5 entitlements) referred to in Column 1 of Division 6 of Part 4 of this Schedule is taken to have been replaced:
(a)  by an aquifer access licence with a share component of the volume specified in Column 2 of that Division, and
(b)  if a volume is specified in Column 3 of that Division, by a supplementary water access licence with a share component of the volume so specified.
(3)  The volumes specified in Columns 2 and 3 of Division 6 of Part 4 of this Schedule in relation to any Part 5 entitlement (or group of Part 5 entitlements) have been calculated in accordance with the methodology set out in clauses 25C and 25D of the Water Sharing Plan for the Lower Lachlan Groundwater Source 2003.

29   Registration of security interests in replacement access licences

(1)  Pursuant to clause 1 of Schedule 9 to the Act, clause 19 of Schedule 10 to the Act is to be construed as if:
(a)  the reference in clause 19 (5) to the commencement of Part 2 of Schedule 10 to the Act were a reference to 1 February 2008, and
(b)  the reference in clause 19 (5) (a) to replacement access licences were a reference to replacement access licences arising under clause 28 of this Schedule in relation to the water sources referred to in Division 6 of Part 4 of this Schedule.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclauses are taken to be inserted after clause 19 (10) of Schedule 10 to the Act:
  
(10A)  Subclause (10B) applies only to an access licence arising from an entitlement with respect to land in respect of which an interest was, immediately before 1 February 2008, registered under the Real Property Act 1900 or under the Corporations Act 2001 of the Commonwealth.
(10B)  No dealing that requires the consent of the holder of a security interest may be registered in relation to an access licence until the expiry of the prescribed period unless, before the expiry of that period, the holder of the interest:
(a)  has lodged with the Director-General a notice of the kind referred to in subclause (5) (d), or
(b)  has notified the Director-General that the holder does not propose to seek registration of the interest in the Access Register.

30   Entitlements held by 2 or more co-holders

Pursuant to clause 1 of Schedule 9 to the Act, clause 23 of Schedule 10 to the Act is taken to have been replaced by the following clause:
  

23   Entitlements held by 2 or more co-holders

Two or more co-holders of a replacement access licence are taken to hold the access licence:
(a)  if the Minister has a record of the shares in which the former entitlement was held immediately before the appointed day, in the same shares as the former entitlement was so held, or
(b)  if the Minister has no such record, but within 2 months after sending a written request to the co-holders seeking information as to their shareholding the Director-General receives:
(i)  a notice, signed by or on behalf of each of them, by which they agree as to the shares in which they hold the access licence, or
(ii)  a notice, signed by any one of them, to the effect that legal proceedings have been commenced for the purpose of obtaining a declaration as to the shares in which they hold the access licence,
      in the agreed shares referred to in the notice under subparagraph (i), or in the shares determined pursuant to the legal proceedings referred to in the notice under subparagraph (ii), as the case may be, or
(c)  in any other case, as tenants in common with the entitlements conferred by the licence under section 56 apportioned equally between them.

31   Water allocations

Pursuant to clause 1 of Schedule 9 to the Act, clause 25 of Schedule 10 to the Act is to be construed as if clause 25 (4) were replaced by the following subclause:
  
(4)  The water allocations for a replacement access licence are to be adjusted as required by the accounting practices applicable for the time being to water allocation accounts, except that no such adjustment arising from water taken before 1 February 2008 is to be made after 30 June 2009.

Division 7 Replacement access licences for entitlements for Bellinger River Area and Great Artesian Basin (1 July 2008)

32   Application of Division

This Division applies to and in respect of each entitlement with respect to:
(a)  the Bellinger River Area Unregulated and Alluvial Water Sources (identified in the Water Sharing Plan for the Bellinger River Area Unregulated and Alluvial Water Sources 2008), or
(b)  the Great Artesian Basin Groundwater Sources (identified in the Water Sharing Plan for the NSW Great Artesian Basin Groundwater Sources 2008),
and to and in respect of each access licence arising from any such entitlement.

33   Registration of security interests in replacement access licences

(1)  Pursuant to clause 1 of Schedule 9 to the Act, clause 19 of Schedule 10 to the Act is to be construed as if the reference in clause 19 (5) to the commencement of Part 2 of Schedule 10 to the Act were a reference to 1 July 2008.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclauses are taken to be inserted after clause 19 (10):
  
(10A)  Subclause (10B) applies only to an access licence arising from an entitlement with respect to land in respect of which an interest was, immediately before 1 July 2008, registered under the Real Property Act 1900 or under the Corporations Act 2001 of the Commonwealth.
(10B)  No dealing that requires the consent of the holder of a security interest may be registered in relation to an access licence until the expiry of the prescribed period unless, before the expiry of that period, the holder of the interest:
(a)  has lodged with the Director-General a notice of the kind referred to in subclause (5) (d), or
(b)  has notified the Director-General that the holder does not propose to seek registration of the interest in the Access Register.

34   Entitlements held by 2 or more co-holders

Pursuant to clause 1 of Schedule 9 to the Act, clause 23 of Schedule 10 to the Act is taken to have been replaced by the following clause:
  

23   Entitlements held by 2 or more co-holders

Two or more co-holders of a replacement access licence are taken to hold the access licence:
(a)  if the Minister has a record of the shares in which the former entitlement was held immediately before the appointed day, in the same shares as the former entitlement was so held, or
(b)  if the Minister has no such record, but within 2 months after sending a written request to the co-holders seeking information as to their shareholding the Director-General receives:
(i)  a notice, signed by or on behalf of each of them, by which they agree as to the shares in which they hold the access licence, or
(ii)  a notice, signed by any one of them, to the effect that legal proceedings have been commenced for the purpose of obtaining a declaration as to the shares in which they hold the access licence,
      in the agreed shares referred to in the notice under subparagraph (i), or in the shares determined pursuant to the legal proceedings referred to in the notice under subparagraph (ii), as the case may be, or
(c)  in any other case, as tenants in common with the entitlements conferred by the licence under section 56 apportioned equally between them.

Division 8 Replacement access licences for entitlements for the NSW Border Rivers (1 July 2009)

35   Application of Division

(1)  This Division applies to and in respect of:
(a)  each entitlement with respect to the NSW Border Rivers, and
(b)  each access licence arising from any such entitlement.
(2)  In this Division, a reference to the NSW Border Rivers is a reference to the NSW Border Rivers Regulated River Water Source identified in the Water Sharing Plan for the NSW Border Rivers Regulated River Water Source 2009, as in force on 1 July 2009.

36   Supplementary water access licences

(1)  On 1 July 2009, an A or B component entitlement is taken to have been replaced not only by the relevant access licence referred to in Schedule 11 to the Act but also by a supplementary water access licence with a share component calculated in accordance with the following formula:


where:

S represents the share component for the supplementary water access licence, expressed in unit shares.

D represents the sum of:

(a)  the volume of water for A component irrigation, and
(b)  the volume of water for B component irrigation,
      as authorised by the A or B component entitlement immediately before 1 July 2009.

ΣD represents the sum of the volumes of water for A or B component irrigation for all A or B component entitlements.

(2)  In this clause:

A or B component entitlement means a licence under section 12 or 13 of the former 1912 Act, or an authority under section 20B of that Act, being a licence or authority with respect to the NSW Border Rivers that is described as including a volume of water for A component irrigation or B component irrigation, or both.

unit share has the same meaning as it has in the Water Sharing Plan for the NSW Border Rivers Regulated River Water Source 2009, as in force on 1 July 2009.

37   Registration of security interests in replacement access licences

(1)  Pursuant to clause 1 of Schedule 9 to the Act, clause 19 of Schedule 10 to the Act is to be construed as if the reference in clause 19 (5) to the commencement of Part 2 of Schedule 10 to the Act were a reference to 1 July 2009.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclauses are taken to be inserted after clause 19 (10) of Schedule 10:
  
(10A)  Subclause (10B) applies only to an access licence arising from an entitlement with respect to land in respect of which an interest was, immediately before 1 July 2009, registered under the Real Property Act 1900 or under the Corporations Act 2001 of the Commonwealth.
(10B)  No dealing that requires the consent of the holder of a security interest may be registered in relation to an access licence until the expiry of the prescribed period unless, before the expiry of that period, the holder of the interest:
(a)  has lodged with the Director-General a notice of the kind referred to in subclause (5) (d), or
(b)  has notified the Director-General that the holder does not propose to seek registration of the interest in the Access Register.

38   Entitlements held by 2 or more co-holders

Pursuant to clause 1 of Schedule 9 to the Act, clause 23 of Schedule 10 to the Act is taken to have been replaced by the following clause:
  

23   Entitlements held by 2 or more co-holders

Two or more co-holders of a replacement access licence are taken to hold the access licence:
(a)  if the Minister has a record of the shares in which the former entitlement was held immediately before the appointed day, in the same shares as the former entitlement was so held, or
(b)  if the Minister has no such record, but within 2 months after sending a written request to the co-holders seeking information as to their shareholding the Director-General receives:
(i)  a notice, signed by or on behalf of each of them, by which they agree as to the shares in which they hold the access licence, or
(ii)  a notice, signed by any one of them, to the effect that legal proceedings have been commenced for the purpose of obtaining a declaration as to the shares in which they hold the access licence,
      in the agreed shares referred to in the notice under subparagraph (i), or in the shares determined pursuant to the legal proceedings referred to in the notice under subparagraph (ii), as the case may be, or
(c)  in any other case, as tenants in common with the entitlements conferred by the licence under section 56 apportioned equally between them.

Division 9 Replacement access licences for entitlements for the Hunter, Lower North Coast, Coffs Harbour and Central Coast Unregulated and Alluvial Water Sources (1 August 2009)

Subdivision 1 Preliminary

39   Application of Division

This Division applies to and in respect of each entitlement with respect to:
(a)  the Hunter Unregulated and Alluvial Water Sources (identified in the Water Sharing Plan for the Hunter Unregulated and Alluvial Water Sources 2009), or
(b)  the Lower North Coast Unregulated and Alluvial Water Sources (identified in the Water Sharing Plan for the Lower North Coast Unregulated and Alluvial Water Sources 2009), or
(c)  the Coffs Harbour Area Unregulated and Alluvial Water Sources (identified in the Water Sharing Plan for the Coffs Harbour Area Unregulated and Alluvial Water Sources 2009), or
(d)  the Central Coast Unregulated Water Sources (identified in the Water Sharing Plan for the Central Coast Unregulated Water Sources 2009),
and to and in respect of each access licence arising from any such entitlement.

Subdivision 2 Access licences for tidal pool water sources

40   Definitions

In this Subdivision:

confirmed history of water usage, in relation to eligible land, means information that indicates the volume of tidal pool water that has been used on the land, and the purposes for which that water has been used, at any time between 1 February 1999 and 1 August 2009, established to the satisfaction of the Minister.

eligible land means any land on which the landholder of the land has used tidal pool water at any time between 1 February 1999 and 1 August 2009.

replacement access licence means an access licence that is taken to have arisen under this Subdivision.

tidal pool water means water taken from a tidal pool water source.

tidal pool water source means:

(a)  the Wallis Creek Tidal Pool Water Source, the Paterson River Tidal Pool Water Source or the Hunter River Tidal Pool Water Source (each within the meaning of the Water Sharing Plan for the Hunter Unregulated and Alluvial Water Sources 2009), or
(b)  the Manning River Tidal Pool Water Source (within the meaning of the Water Sharing Plan for the Lower North Coast Unregulated and Alluvial Water Sources 2009).

41   Temporary exemption from requirements for certain access licences and approvals

(1)  All persons are exempt from:
(a)  sections 60A (1) and (2), 60C (1)–(4) and 60D of the Act in relation to the taking of tidal pool water, and
(b)  section 91A (1) of the Act in relation to the use of tidal pool water, and
(c)  section 91B (1) of the Act in relation to:
(i)  the use of any water supply work by which tidal pool water is taken (being a water supply work constructed before 1 August 2009), and
(ii)  the maintenance and repair of any such work,
      for the period between 1 August 2009 and 31 July 2010 (inclusive).
(2)  Subclause (1) ceases to apply to a person in relation to land when the person is given notice under clause 42 of this Schedule of the terms and conditions of the person’s replacement access licence for the land.
(3)  The Minister may in a particular case by notice in writing to a landholder of eligible land extend the period of the exemption conferred by subclause (1) in its application to the landholder if the Minister is satisfied that the extension is necessary to enable the Minister to establish the landholder’s confirmed history of water usage.

42   Replacement access licences arising from confirmed history of water usage

(1)  A landholder of eligible land in respect of which there is a confirmed history of water usage is taken to hold an access licence (a replacement access licence), and such an access licence is taken to have arisen, on the following terms and conditions:
(a)  terms identifying:
(i)  the category or subcategory of the licence, as determined by clause 43 of this Schedule, and
(ii)  the share component of the licence, as determined by clause 44 or 45 of this Schedule, as the case requires,
(b)  the mandatory conditions referable to an access licence of the category or subcategory referred to in paragraph (a) (i).
(2)  A replacement access licence does not operate (and has no force or effect) until the Minister notifies the licence holder in writing of the terms and conditions of the licence referred to in subclause (1).
(3)  For the purpose of establishing the confirmed history of water usage for any eligible land, the Minister may require the landholder to furnish information relevant to that purpose.
(4)  The Minister is not required to issue a notice under subclause (2) if he or she is not satisfied that a confirmed history of water usage for eligible land has been established, whether because the landholder has failed to comply with a requirement under subclause (3) or otherwise.
(5)  This Subdivision does not operate:
(a)  to create a domestic and stock access licence (or an access licence of a subcategory of a domestic and stock access licence) in relation to land if:
(i)  the land has frontage to a tidal pool water source, or
(ii)  the share component of the licence, as determined by clause 44 of this Schedule, would be zero or negative, or
(b)  to create an unregulated river access licence (or an access licence of a subcategory of an unregulated river access licence) if the share component of the licence, as determined by clause 45 of this Schedule, would be zero or negative.
Note. Because it is an access licence, a replacement access licence can be suspended, cancelled or compulsorily acquired under Division 6 of Part 2 of Chapter 3 of the Act, and discretionary conditions can be imposed under section 66. The licence holder will need to apply for any necessary water use approvals and water supply work approvals if he or she intends to take or use water under the authority of a replacement access licence.

43   Categories of replacement access licence

A replacement access licence is to be:
(a)  to the extent to which the confirmed history of water usage for the land indicates that tidal pool water has been used for domestic consumption or stock watering:
(i)  if the water has been used for both domestic consumption and stock watering, a domestic and stock access licence, or
(ii)  if the water has been used for domestic consumption only, a domestic and stock [domestic] access licence, or
(iii)  if the water has been used for stock watering only, a domestic and stock [stock] access licence, and
(b)  to the extent to which the confirmed history of water usage for the land indicates that tidal pool water has been used otherwise than for domestic consumption or stock watering:
(i)  an unregulated river access licence, or
(ii)  an access licence of any subcategory of an unregulated river access licence.

44   Share component for domestic and stock access licences

The share component for a replacement access licence that is a domestic and stock access licence is to be as follows:
(a)  except as provided by paragraphs (b) and (c), 4.5 megalitres,
(b)  in the case of a domestic and stock [domestic] access licence, 1 megalitre,
(c)  in the case of a domestic and stock [stock] access licence, 3.5 megalitres,
subtracting from each such volume the volume of any entitlement under the former 1912 Act that authorised the taking of tidal pool water for domestic consumption or stock watering (or both).

45   Share component for unregulated river access licences

(1)  The share component for a replacement access licence that is an unregulated river access licence is to be the amount (in megalitres) equivalent to the maximum average volume of tidal pool water taken annually and used on the eligible land concerned, otherwise than for domestic consumption or stock watering, between 1999 and 2009 (inclusive).
(2)  The reference in subclause (1) to the maximum average volume of water is a reference to:
(a)  if water was taken during only one of the years between 1999 and 2009, the volume of water taken during that year, or
(b)  if water was taken during only 2 of the years between 1999 and 2009, one half of the sum of the volumes of water taken annually during those years, or
(c)  if water was taken during 3 or more of the years between 1999 and 2009, one third of the sum of the 3 largest volumes of water taken annually during those years,
      subtracting from each such volume the volume of any entitlement under the former 1912 Act that authorised the taking of tidal pool water, other than an entitlement that authorised the taking of tidal pool water for domestic consumption or stock watering (or both).
(3)  To the extent to which the confirmed history of water usage for the land indicates that tidal pool water has been used for purposes other than:
(a)  irrigation, or
(b)  domestic consumption, or
(c)  stock watering,
      the volume of water taken in any year is to be calculated (in megalitres) on the basis of that history.
(4)  To the extent to which the confirmed history of water usage for the land indicates that tidal pool water has been used for the purposes of irrigation, the volume of water taken in any year for those purposes is to be calculated (in megalitres):
(a)  in the case of water taken from the Wallis Creek Tidal Pool Water Source, the Paterson River Tidal Pool Water Source or the Hunter River Tidal Pool Water Source:
(i)  if the confirmed history of water usage for the land indicates which crops specified in Table 1 were grown under irrigation on which parts of the land during that year, as the sum of the amounts obtained by multiplying the number of hectares of land on which each such crop was grown (as indicated by the confirmed history of water usage) by the factor specified in that Table in relation to that crop, or
(ii)  in any other case, as the amount obtained by multiplying the number of hectares of the land on which crops specified in Table 1 were grown under irrigation during that year (as indicated by the confirmed history of water usage for the land) by the smallest factor specified in that Table in relation to those crops, and
(b)  in the case of water taken from the Manning River Tidal Pool Water Source:
(i)  if the confirmed history of water usage for the land indicates which crops specified in Table 2 were grown under irrigation on which parts of the land during that year, as the sum of the amounts obtained by multiplying the number of hectares of land on which each such crop was grown (as indicated by the confirmed history of water usage) by the factor specified in that Table in relation to that crop, or
(ii)  in any other case, as the amount obtained by multiplying the number of hectares of the land on which crops specified in Table 2 were grown under irrigation during that year (as indicated by the confirmed history of water usage for the land) by the smallest factor specified in that Table in relation to those crops.
(5)  Where more than one crop has been grown on the same land in the same year, the land may not be counted more than once for the purposes of subclause (4), but the higher or highest of the factors relevant to those crops is to be used.
(6)  For the purposes of this clause, a reference to a crop specified in Table 1 or 2 includes a reference to any other crop that the Minister determines to be an equivalent to that crop.



Table 1 Wallis Creek, Paterson River and Hunter River

Crop under irrigation

Factor

Winter cereal

3

Summer cereal

4

Citrus

6

Vines

3

Summer oilseeds

4

Perennial pasture (dairy)

7

Perennial pasture (non-dairy)

5

Annual pasture

3.5

Lucerne

6

Vegetables

8

Orchards (not citrus)

8

Nuts

8

Pulses

5

Olives

5

Turf

11



Table 2 Manning River

Crop under irrigation

Factor

Winter cereal

2.5

Summer cereal

3

Citrus

5

Summer oilseeds

3

Perennial pasture (dairy)

7

Perennial pasture (non-dairy)

5

Annual pasture

3

Lucerne

5

Vegetables

6.5

Orchards (not citrus)

6.5

Nuts

6.5

Pulses

4

Cut flowers

5

Nurseries

20

Turf

11

Example 1. 

Suppose, in respect of any year, 30 hectares of a landholding were under irrigation, of which 10 hectares were used for growing lucerne, 10 hectares were used for annual pasture and 10 hectares were used for vegetables (as indicated by the confirmed history of water usage for the land). The factors for these crops (using Table 1) are 6 (for lucerne), 3.5 (for annual pasture) and 8 (for vegetables). The volume of water calculated for that year for the land would therefore be 175 megalitres (that is, 10 times 6, plus 10 times 3.5, plus 10 times 8: see subclause (4) (a) (i)).

Example 2. 

Suppose, in respect of any year, 30 hectares of a landholding were under irrigation, of which some were used for growing lucerne, some were used for annual pasture and some were used for vegetables (the specific areas not indicated by the confirmed history of water usage for the land). The factors for these crops (using Table 1) are 6 (for lucerne), 3.5 (for annual pasture) and 8 (for vegetables). The volume of water calculated for that year for the land would therefore be 105 megalitres (that is, 30 times 3.5: see subclause (4) (a) (ii)).

Example 3. 

Suppose, in respect of any year, 30 hectares of a landholding were under irrigation, of which all 30 were used for growing summer cereals (in summer) and all 30 were used for growing winter cereals (in winter). The factors for these crops (using Table 1) are 4 (for summer cereals) and 3 (for winter cereals). The volume of water calculated for that year for the land would therefore be 120 megalitres (that is, 30 times 4: see subclauses (4) (a) (i) and (5)).

46   Conversion of share components of access licence

Clause 7 of Schedule 10 to the Act applies to and in respect of a replacement access licence in the same way as it applies to and in respect of an access licence arising under that Schedule.
Note. This clause enables the share component of an access licence under this Subdivision to be converted from a specified quantity of water to any other manner (such as a unit share) in which a share component may be expressed under section 56 of the Act.

Subdivision 3 General

47   Registration of security interests in replacement access licences

(1)  Pursuant to clause 1 of Schedule 9 to the Act, clause 19 of Schedule 10 to the Act is to be construed as if the reference in clause 19 (5) to the commencement of Part 2 of Schedule 10 to the Act were a reference to 1 August 2009.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclauses are taken to be inserted after clause 19 (10) of Schedule 10:
  
(10A)  Subclause (10B) applies only to an access licence arising from an entitlement with respect to land in respect of which an interest was, immediately before 1 August 2009, registered under the Real Property Act 1900 or under the Corporations Act 2001 of the Commonwealth.
(10B)  No dealing that requires the consent of the holder of a security interest may be registered in relation to an access licence until the expiry of the prescribed period unless, before the expiry of that period, the holder of the interest:
(a)  has lodged with the Director-General a notice of the kind referred to in subclause (5) (d), or
(b)  has notified the Director-General that the holder does not propose to seek registration of the interest in the Access Register.

48   Entitlements held by 2 or more co-holders

Pursuant to clause 1 of Schedule 9 to the Act, clause 23 of Schedule 10 to the Act is taken to have been replaced by the following clause:
  

23   Entitlements held by 2 or more co-holders

Two or more co-holders of a replacement access licence are taken to hold the access licence:
(a)  if the Minister has a record of the shares in which the former entitlement was held immediately before the appointed day, in the same shares as the former entitlement was so held, or
(b)  if the Minister has no such record, but within 2 months after sending a written request to the co-holders seeking information as to their shareholding the Director-General receives:
(i)  a notice, signed by or on behalf of each of them, by which they agree as to the shares in which they hold the access licence, or
(ii)  a notice, signed by any one of them, to the effect that legal proceedings have been commenced for the purpose of obtaining a declaration as to the shares in which they hold the access licence,
      in the agreed shares referred to in the notice under subparagraph (i), or in the shares determined pursuant to the legal proceedings referred to in the notice under subparagraph (ii), as the case may be, or
(c)  in any other case, as tenants in common with the entitlements conferred by the licence under section 56 apportioned equally between them.

Division 10 Replacement access licences for entitlements for the Peel Valley Regulated, Unregulated, Alluvium and Fractured Rock Water Sources (1 July 2010)

49   Application of Division

(1)  This Division applies to and in respect of each entitlement with respect to the water sources to which the Water Sharing Plan for the Peel Valley Regulated, Unregulated, Alluvium and Fractured Rock Water Sources 2010 applies and to and in respect of each access licence arising from any such entitlement.
(2)  A reference in this Division to an entitlement referred to in Division 7 of Part 4 of this Schedule includes a reference to an entitlement that is issued before 1 July 2010 under section 117J of the former 1912 Act or clause 24 of the Water (Part 2—General) Regulation 1997 as a result of a transfer of water allocation or water rights and that arises from an entitlement referred to in Division 7 of Part 4 of this Schedule.

50   Aquifer (general security) access licences

(1)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 4 (4) of Schedule 10 to the Act:
  
(5)  This clause does not apply to an entitlement referred to in Division 7 of Part 4 of Schedule 4 to the Water Management (General) Regulation 2011.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following clause is taken to be inserted after clause 4 of Schedule 10 to the Act:
  

4A   Aquifer (general security) access licences

A Part 2 or Part 5 entitlement referred to in Division 7 of Part 4 of Schedule 4 to the Water Management (General) Regulation 2011 is taken to have been replaced by an aquifer (general security) access licence.
(3)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 5 (4) of Schedule 10 to the Act:
  
(5)  Subclause (1) does not apply to an entitlement referred to in Division 7 of Part 4 of Schedule 4 to the Water Management (General) Regulation 2011.

51   Registration of security interests in replacement access licences

(1)  Pursuant to clause 1 of Schedule 9 to the Act, clause 19 of Schedule 10 to the Act is to be construed as if the reference in clause 19 (5) to the commencement of Part 2 of Schedule 10 to the Act were a reference to 1 July 2010.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclauses are taken to be inserted after clause 19 (10):
  
(10A)  Subclause (10B) applies only to an access licence arising from an entitlement with respect to land in respect of which an interest was, immediately before 1 July 2008, registered under the Real Property Act 1900 or under the Corporations Act 2001 of the Commonwealth.
(10B)  No dealing that requires the consent of the holder of a security interest may be registered in relation to an access licence until the expiry of the prescribed period unless, before the expiry of that period, the holder of the interest:
(a)  has lodged with the Director-General a notice of the kind referred to in subclause (5) (d), or
(b)  has notified the Director-General that the holder does not propose to seek registration of the interest in the Access Register.

52   Entitlements held by 2 or more co-holders

Pursuant to clause 1 of Schedule 9 of the Act, clause 23 of Schedule 10 to the Act is taken to have been replaced by the following clause:
  

23   Entitlements held by 2 or more co-holders

Two or more co-holders of a replacement access licence are taken to hold the access licence:
(a)  if the Minister has a record of the shares in which the former entitlement was held immediately before the appointed day, in the same shares as the former entitlement was so held, or
(b)  if the Minister has no such record, but within 2 months after sending a written request to the co-holders seeking information as to their shareholding the Director-General receives:
(i)  a notice, signed by or on behalf of each of them, by which they agree as to the shares in which they hold the access licence, or
(ii)  a notice, signed by any one of them, to the effect that legal proceedings have been commenced for the purpose of obtaining a declaration as to the shares in which they hold the access licence,
      in the agreed shares referred to in the notice under subparagraph (i), or in the shares determined pursuant to the legal proceedings referred to in the notice under subparagraph (ii), as the case may be, or
(c)  in any other case, as tenants in common with the entitlements conferred by the licence under section 56 apportioned equally between them.

Division 11 Replacement access licences for entitlements for certain Murrah-Wallaga, Richmond, Towamba and Tweed River Water Sources (17 December 2010)

Subdivision 1 Preliminary

53   Definitions

In this Division:

Bermagui River Water Source means the water source of that name identified in the Water Sharing Plan for the Murrah-Wallaga Area Unregulated and Alluvial Water Sources 2010.

confirmed history of water usage, in relation to eligible land, means information that indicates the volume of tidal pool water that has been used on the land, and the purposes for which that water has been used, at any time between 17 December 2000 and 17 December 2010, established to the satisfaction of the Minister.

Coraki Area Water Source means the water source of that name identified in the Water Sharing Plan for the Richmond River Area Unregulated, Regulated and Alluvial Water Sources 2010.

eligible land means any land on which the landholder of the land has used tidal pool water at any time between 17 December 2000 and 17 December 2010.

Merimbula Lake Tributaries Water Source means the water source of that name identified in the Water Sharing Plan for the Towamba River Unregulated and Alluvial Water Sources 2010.

Pambula Lake Tributaries Water Source means the water source of that name identified in the Water Sharing Plan for the Towamba River Unregulated and Alluvial Water Sources 2010.

replacement access licence means an access licence that is taken to have arisen under this Subdivision.

tidal pool water means water taken from a tidal pool water source.

tidal pool water source means:

(a)  the Bermagui River Water Source, or
(b)  the Coraki Area Water Source, or
(c)  the Merimbula Lake Tributaries Water Source, or
(d)  the Pambula Lake Tributaries Water Source, or
(e)  the Towamba Estuary Tributaries Water Source, or
(f)  the Tweed Estuary Water Source, or
(g)  the Wapengo Lagoon Tributaries Water Source, or
(h)  the Wyrallah Area Water Source.

Towamba Estuary Tributaries Water Source means the water source of that name identified in the Water Sharing Plan for the Towamba River Unregulated and Alluvial Water Sources 2010.

Tweed Estuary Water Source means the water source of that name identified in the Water Sharing Plan for the Tweed River Area Unregulated and Alluvial Water Sources 2010.

Wapengo Lagoon Tributaries Water Source means the water source of that name identified in the Water Sharing Plan for the Murrah-Wallaga Area Unregulated and Alluvial Water Sources 2010.

Wyrallah Area Water Source means the water source of that name identified in the Water Sharing Plan for the Richmond River Area Unregulated, Regulated and Alluvial Water Sources 2010.

Subdivision 2 Access licences for tidal pool water sources

54   Temporary exemption from requirements for certain access licences and approvals

(1)  All persons are exempt from:
(a)  sections 60A (1) and (2), 60C (1)–(4) and 60D of the Act in relation to the taking of tidal pool water, and
(b)  section 91A (1) of the Act in relation to the use of tidal pool water, and
(c)  section 91B (1) of the Act in relation to:
(i)  the use of any water supply work by which tidal pool water is taken (being a water supply work constructed before 17 December 2010), and
(ii)  the maintenance and repair of any such work,
      for the period between 17 December 2010 and 17 December 2012 (inclusive).
(2)  Subclause (1) ceases to apply to a person in relation to land when the person is given notice under clause 55 of this Schedule of the terms and conditions of the person’s replacement access licence for the land.
(3)  The Minister may in a particular case by notice in writing to a landholder of eligible land extend the period of the exemption conferred by subclause (1) in its application to the landholder if the Minister is satisfied that the extension is necessary to enable the Minister to establish the landholder’s confirmed history of water usage.

55   Replacement access licences arising from confirmed history of water usage

(1)  A landholder of eligible land in respect of which there is a confirmed history of water usage is taken to hold an access licence (a replacement access licence), and such an access licence is taken to have arisen, on the following terms and conditions:
(a)  terms identifying:
(i)  the category or subcategory of the licence, as determined by clause 56 of this Schedule, and
(ii)  the share component of the licence, as determined by clause 57 or 58 of this Schedule, as the case requires,
(b)  the mandatory conditions referable to an access licence of the category or subcategory referred to in paragraph (a) (i).
(2)  A replacement access licence does not operate (and has no force or effect) until the Minister notifies the licence holder in writing of the terms and conditions of the licence referred to in subclause (1).
(3)  For the purpose of establishing the confirmed history of water usage for any eligible land, the Minister may require the landholder to furnish information relevant to that purpose.
(4)  The Minister is not required to issue a notice under subclause (2) if he or she is not satisfied that a confirmed history of water usage for eligible land has been established, whether because the landholder has failed to comply with a requirement under subclause (3) or otherwise.
(5)  This Subdivision does not operate:
(a)  to create a domestic and stock access licence (or an access licence of a subcategory of a domestic and stock access licence) in relation to land if:
(i)  the land has frontage to a tidal pool water source, or
(ii)  the share component of the licence, as determined by clause 57 of this Schedule, would be zero or negative, or
(b)  to create an unregulated river access licence (or an access licence of a subcategory of an unregulated river access licence) if the share component of the licence, as determined by clause 58 of this Schedule, would be zero or negative.
Note. Because it is an access licence, a replacement access licence can be suspended, cancelled or compulsorily acquired under Division 6 of Part 2 of Chapter 3 of the Act, and discretionary conditions can be imposed under section 66. The licence holder will need to apply for any necessary water use approvals and water supply work approvals if he or she intends to take or use water under the authority of a replacement access licence.

56   Categories of replacement access licence

A replacement access licence is to be:
(a)  to the extent to which the confirmed history of water usage for the land indicates that tidal pool water has been used for domestic consumption or stock watering:
(i)  if the water has been used for both domestic consumption and stock watering, a domestic and stock access licence, or
(ii)  if the water has been used for domestic consumption only, a domestic and stock [domestic] access licence, or
(iii)  if the water has been used for stock watering only, a domestic and stock [stock] access licence, and
(b)  to the extent to which the confirmed history of water usage for the land indicates that tidal pool water has been used otherwise than for domestic consumption or stock watering:
(i)  an unregulated river access licence, or
(ii)  an access licence of any subcategory of an unregulated river access licence.

57   Share component for domestic and stock access licences

(1)  In relation to an entitlement or access licence in respect of the Tweed Estuary Water Source, the Wyrallah Area Water Source or the Coraki Area Water Source, the share component for a replacement access licence that is a domestic and stock access licence is to be as follows:
(a)  except as provided by paragraphs (b) and (c), 4 megalitres,
(b)  in the case of a domestic and stock [domestic] access licence, 1 megalitre,
(c)  in the case of a domestic and stock [stock] access licence, 3 megalitres,
      subtracting from each such volume the volume of any entitlement under the former 1912 Act that authorised the taking of tidal pool water for domestic consumption or stock watering (or both).
(2)  In relation to an entitlement or access licence in respect of the Merimbula Lake Tributaries Water Source, Pambula Lake Tributaries Water Source, Towamba Estuary Tributaries Water Source, the Bermagui River Water Source or the Wapengo Lagoon Tributaries Water Source, the share component for a replacement access licence that is a domestic and stock access licence is to be as follows:
(a)  except as provided by paragraphs (b) and (c), 5.5 megalitres,
(b)  in the case of a domestic and stock [domestic] access licence, 1 megalitre,
(c)  in the case of a domestic and stock [stock] access licence, 4.5 megalitres,
      subtracting from each such volume the volume of any entitlement under the former 1912 Act that authorised the taking of tidal pool water for domestic consumption or stock watering (or both).

58   Share component for unregulated river access licences

(1)  The share component for a replacement access licence that is an unregulated river access licence is to be the amount (in megalitres) equivalent to the maximum average volume of tidal pool water taken annually and used on the eligible land concerned, otherwise than for domestic consumption or stock watering, between 2000 and 2010 (inclusive).
(2)  The reference in subclause (1) to the maximum average volume of water is a reference to:
(a)  if water was taken during only one of the years between 2000 and 2010, the volume of water taken during that year, or
(b)  if water was taken during only 2 of the years between 2000 and 2010, one half of the sum of the volumes of water taken annually during those years, or
(c)  if water was taken during 3 or more of the years between 2000 and 2010, one third of the sum of the 3 largest volumes of water taken annually during those years,
      subtracting from each such volume the volume of any entitlement under the former 1912 Act that authorised the taking of tidal pool water, other than an entitlement that authorised the taking of tidal pool water for domestic consumption or stock watering (or both).
(3)  To the extent to which the confirmed history of water usage for the land indicates that tidal pool water has been used for purposes other than:
(a)  irrigation, or
(b)  domestic consumption, or
(c)  stock watering,
      the volume of water taken in any year is to be calculated (in megalitres) on the basis of that history.
(4)  To the extent to which the confirmed history of water usage for the land indicates that tidal pool water has been used for the purposes of irrigation, the volume of water taken in any year for those purposes is to be calculated (in megalitres):
(a)  in the case of water taken from the Tweed Estuary Water Source, the Wyrallah Area Water Source or the Coraki Area Water Source:
(i)  if the confirmed history of water usage for the land indicates which crops specified in Table 1 to this clause were grown under irrigation on which parts of the land during that year, as the sum of the amounts obtained by multiplying the number of hectares of land on which each such crop was grown (as indicated by the confirmed history of water usage) by the factor specified in that Table in relation to that crop, or
(ii)  in any other case, as the amount obtained by multiplying the number of hectares of the land on which crops specified in Table 1 to this clause were grown under irrigation during that year (as indicated by the confirmed history of water usage for the land) by the smallest factor specified in that Table in relation to those crops, and
(b)  in the case of water taken from the Merimbula Lake Tributaries Water Source, the Pambula Lake Tributaries Water Source, the Towamba Estuary Tributaries Water Source, the Bermagui River Water Source or the Wapengo Lagoon Tributaries Water Source:
(i)  if the confirmed history of water usage for the land indicates which crops specified in Table 2 were grown under irrigation on which parts of the land during that year, as the sum of the amounts obtained by multiplying the number of hectares of land on which each such crop was grown (as indicated by the confirmed history of water usage) by the factor specified in that Table in relation to that crop, or
(ii)  in any other case, as the amount obtained by multiplying the number of hectares of the land on which crops specified in Table 2 were grown under irrigation during that year (as indicated by the confirmed history of water usage for the land) by the smallest factor specified in that Table in relation to those crops.
(5)  Where more than one crop has been grown on the same land in the same year, the land may not be counted more than once for the purposes of subclause (4), but the higher or highest of the factors relevant to those crops is to be used.
(6)  For the purposes of this clause, a reference to a crop specified in Table 1 or 2 to this clause includes a reference to any other crop that the Minister determines to be an equivalent to that crop.



Table 1 Tweed Estuary Water Source, Wyrallah Area Water Source and Coraki Area Water Source

Crop under irrigation

Factor

Winter cereal

2.5

Summer cereal

2

Citrus

3.5

Vines

1.5

Winter oilseeds

3.5

Summer oilseeds

2

Perennial pasture (dairy)

6.5

Perennial pasture (non-dairy)

4.5

Annual pasture

3

Lucerne

4.5

Vegetables

6

Orchards

5.5

Nuts

5.5

Pulses

4

Olives

4

Sugar cane

8

Coffee

6.5

Tea tree

7

Bananas

6.5

Cut flowers

4.5

Turf

10

Inactive areas

1.5



Table 2 Merimbula Lake Tributaries Water Source, Pambula Lake Tributaries Water Source, Towamba Estuary Tributaries Water Source, Bermagui River Water Source or Wapengo Lagoon Tributaries Water Source

Crop under irrigation

Factor

Winter cereal

1

Summer cereal

2.5

Citrus

3.5

Vines

1.5

Summer oilseeds

3

Perennial pasture (dairy)

6.5

Perennial pasture (non-dairy)

4.5

Annual pasture

1.5

Lucerne

5

Vegetables

4.5

Orchards

5.5

Nuts

5.5

Pulses

2.5

Olives

3

Turf

8.5

Cut flowers

4.5

Inactive area

1

Example 1. 

Suppose, in respect of any year, 30 hectares of a landholding were under irrigation, of which 10 hectares were used for growing lucerne, 10 hectares were used for annual pasture and 10 hectares were used for vegetables (as indicated by the confirmed history of water usage for the land). The factors for these crops (using Table 1) are 4.5 (for lucerne), 3 (for annual pasture) and 6 (for vegetables). The volume of water calculated for that year for the land would therefore be 135 megalitres (that is, 10 times 4.5, plus 10 times 3, plus 10 times 6: see subclause (4) (a) (i)).

Example 2. 

Suppose, in respect of any year, 30 hectares of a landholding were under irrigation, of which some were used for growing lucerne, some were used for annual pasture and some were used for vegetables (the specific areas not indicated by the confirmed history of water usage for the land). The factors for these crops (using Table 1) are 4.5 (for lucerne), 3 (for annual pasture) and 6 (for vegetables). The volume of water calculated for that year for the land would therefore be 90 megalitres (that is, 30 times 3: see subclause (4) (a) (ii)).

Example 3. 

Suppose, in respect of any year, 30 hectares of a landholding were under irrigation, of which all 30 were used for growing summer cereals (in summer) and all 30 were used for growing winter cereals (in winter). The factors for these crops (using Table 1) are 2 (for summer cereals) and 2.5 (for winter cereals). The volume of water calculated for that year for the land would therefore be 75 megalitres (that is, 30 times 2.5: see subclauses (4) (a) (i) and (5)).

59   Conversion of share components of access licence

Clause 7 of Schedule 10 to the Act applies to and in respect of a replacement access licence in the same way as it applies to and in respect of an access licence arising under that Schedule.
Note. This clause enables the share component of an access licence under this Subdivision to be converted from a specified quantity of water to any other manner (such as a unit share) in which a share component may be expressed under section 56 of the Act.

Subdivision 3 Security interests

60   Application of Subdivision

This Subdivision applies to and in respect of each entitlement with respect to:
(a)  the Bermagui River Water Source, or
(b)  the Coraki Area Water Source, or
(c)  the Merimbula Lake Tributaries Water Source, or
(d)  the Pambula Lake Tributaries Water Source, or
(e)  the Towamba Estuary Tributaries Water Source, or
(f)  the Tweed Estuary Water Source, or
(g)  the Wapengo Lagoon Tributaries Water Source, or
(h)  the Wyrallah Area Water Source,
and to and in respect of each access licence arising from any such entitlement.

61   Registration of security interests in replacement access licences

(1)  Pursuant to clause 1 of Schedule 9 to the Act, clause 19 of Schedule 10 to the Act is to be construed as if the reference in clause 19 (5) to the commencement of Part 2 of Schedule 10 to the Act were a reference to 17 December 2010.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclauses are taken to be inserted after clause 19 (10) of Schedule 10 to the Act:
  
(10A)  Subclause (10B) applies only to an access licence arising from an entitlement with respect to land in respect of which an interest was, immediately before 17 December 2010, registered under the Real Property Act 1900 or under the Corporations Act 2001 of the Commonwealth.
(10B)  No dealing that requires the consent of the holder of a security interest may be registered in relation to an access licence until the expiry of the prescribed period unless, before the expiry of that period, the holder of the interest:
(a)  has lodged with the Director-General a notice of the kind referred to in subclause (5) (d), or
(b)  has notified the Director-General that the holder does not propose to seek registration of the interest in the Access Register.

62   Entitlements held by 2 or more co-holders

Pursuant to clause 1 of Schedule 9 of the Act, clause 23 of Schedule 10 to the Act is taken to have been replaced by the following clause:
  

23   Entitlements held by 2 or more co-holders

Two or more co-holders of a replacement access licence are taken to hold the access licence:
(a)  if the Minister has a record of the shares in which the former entitlement was held immediately before the appointed day, in the same shares as the former entitlement was so held, or
(b)  if the Minister has no such record, but within 2 months after sending a written request to the co-holders seeking information as to their shareholding the Director-General receives:
(i)  a notice, signed by or on behalf of each of them, by which they agree as to the shares in which they hold the access licence, or
(ii)  a notice, signed by any one of them, to the effect that legal proceedings have been commenced for the purpose of obtaining a declaration as to the shares in which they hold the access licence,
      in the agreed shares referred to in the notice under subparagraph (i), or in the shares determined pursuant to the legal proceedings referred to in the notice under subparagraph (ii), as the case may be, or
(c)  in any other case, as tenants in common with the entitlements conferred by the licence under section 56 apportioned equally between them.

Division 12 Replacement access licences for entitlements for certain Bega and Brogo Water Sources (1 April 2011)

Subdivision 1 Preliminary

63   Definitions

In this Division:

Bega River Estuary and Tributaries Water Source means the water source of that name identified in the Water Sharing Plan for the Bega and Brogo Rivers Area Regulated, Unregulated and Alluvial Water Sources 2011.

confirmed history of water usage, in relation to eligible land, means information that indicates the volume of tidal pool water that has been used on the land, and the purposes for which that water has been used, at any time between 1 April 2001 and 1 April 2011, established to the satisfaction of the Minister.

eligible land means any land on which the landholder of the land has used tidal pool water at any time between 1 April 2001 and 1 April 2011.

replacement access licence means an access licence that is taken to have arisen under this Subdivision.

tidal pool water means water taken from a tidal pool water source.

tidal pool water source means the Bega River Estuary and Tributaries Water Source.

64   Application of Division

(1)  This Division applies to and in respect of each entitlement with respect to the water sources to which the Water Sharing Plan for the Bega and Brogo Rivers Area Regulated, Unregulated and Alluvial Water Sources 2011 applies and to and in respect of each access licence arising from any such entitlement.
(2)  A reference in this Division to an entitlement listed in Subdivision 2 of Division 8 of Part 4 of this Schedule includes a reference to an entitlement that is issued before 1 April 2011 under section 117J of the former 1912 Act or clause 24 of the Water (Part 2—General) Regulation 1997 as a result of a transfer of water allocation or water rights and that arises from an entitlement listed in Subdivision 2 of Division 8 of Part 4 of this Schedule.

Subdivision 2 Access licences for tidal pool water sources

65   Temporary exemption from requirements for certain access licences and approvals

(1)  All persons are exempt from:
(a)  sections 60A (1) and (2), 60C (1)–(4) and 60D of the Act in relation to the taking of tidal pool water, and
(b)  section 91A (1) of the Act in relation to the use of tidal pool water, and
(c)  section 91B (1) of the Act in relation to:
(i)  the use of any water supply work by which tidal pool water is taken (being a water supply work constructed before 1 April 2011), and
(ii)  the maintenance and repair of any such work,
      for the period between 1 April 2011 and 1 April 2013 (inclusive).
(2)  Subclause (1) ceases to apply to a person in relation to land when the person is given notice under clause 66 of this Schedule of the terms and conditions of the person’s replacement access licence for the land.
(3)  The Minister may in a particular case by notice in writing to a landholder of eligible land extend the period of an exemption conferred by subclause (1) in its application to the landholder if the Minister is satisfied that the extension is necessary to enable the Minister to establish the landholder’s confirmed history of water usage.

66   Replacement access licences arising from confirmed history of water usage

(1)  A landholder of eligible land in respect of which there is a confirmed history of water usage is taken to hold an access licence (a replacement access licence), and such an access licence is taken to have arisen, on the following terms and conditions:
(a)  terms identifying:
(i)  the category or subcategory of the licence, as determined by clause 67 of this Schedule, and
(ii)  the share component of the licence, as determined by clause 68 or 69 of this Schedule, as the case requires,
(b)  the mandatory conditions referable to an access licence of the category or subcategory referred to in paragraph (a) (i).
(2)  A replacement access licence does not operate (and has no force or effect) until the Minister notifies the licence holder in writing of the terms and conditions of the licence referred to in subclause (1).
(3)  For the purpose of establishing the confirmed history of water usage for any eligible land, the Minister may require the landholder to furnish information relevant to that purpose.
(4)  The Minister is not required to issue a notice under subclause (2) if he or she is not satisfied that a confirmed history of water usage for eligible land has been established, whether because the landholder has failed to comply with a requirement under subclause (3) or otherwise.
(5)  This Subdivision does not operate:
(a)  to create a domestic and stock access licence (or an access licence of a subcategory of a domestic and stock access licence) in relation to land if:
(i)  the land has frontage to a tidal pool water source, or
(ii)  the share component of the licence, as determined by clause 68 of this Schedule, would be zero or negative, or
(b)  to create an unregulated river access licence (or an access licence of a subcategory of an unregulated river access licence) if the share component of the licence, as determined by clause 69 of this Schedule, would be zero or negative.
Note. Because it is an access licence, a replacement access licence can be suspended, cancelled or compulsorily acquired under Division 6 of Part 2 of Chapter 3 of the Act, and discretionary conditions can be imposed under section 66. The licence holder will need to apply for any necessary water use approvals and water supply work approvals if he or she intends to take or use water under the authority of a replacement access licence.

67   Categories of replacement access licence

A replacement access licence is to be:
(a)  to the extent to which the confirmed history of water usage for the land indicates that tidal pool water has been used for domestic consumption or stock watering:
(i)  if the water has been used for both domestic consumption and stock watering, a domestic and stock access licence, or
(ii)  if the water has been used for domestic consumption only, a domestic and stock [domestic] access licence, or
(iii)  if the water has been used for stock watering only, a domestic and stock [stock] access licence, and
(b)  to the extent to which the confirmed history of water usage for the land indicates that tidal pool water has been used otherwise than for domestic consumption or stock watering:
(i)  an unregulated river access licence, or
(ii)  an access licence of any subcategory of an unregulated river access licence.

68   Share component for domestic and stock access licences

The share component for a replacement access licence that is a domestic and stock access licence is to be as follows:
(a)  except as provided by paragraphs (b) and (c), 5.5 megalitres,
(b)  in the case of a domestic and stock [domestic] access licence, 1 megalitre,
(c)  in the case of a domestic and stock [stock] access licence, 4.5 megalitres,
subtracting from each such volume the volume of any entitlement under the former 1912 Act that authorised the taking of tidal pool water for domestic consumption or stock watering (or both).

69   Share component for unregulated river access licences

(1)  The share component for a replacement access licence that is an unregulated river access licence is to be the amount (in megalitres) equivalent to the maximum average volume of tidal pool water taken annually and used on the eligible land concerned, otherwise than for domestic consumption or stock watering, between 2001 and 2011 (inclusive).
(2)  The reference in subclause (1) to the maximum average volume of water is a reference to:
(a)  if water was taken during only one of the years between 2001 and 2011, the volume of water taken during that year, or
(b)  if water was taken during only 2 of the years between 2001 and 2011, one half of the sum of the volumes of water taken annually during those years, or
(c)  if water was taken during 3 or more of the years between 2001 and 2011, one third of the sum of the 3 largest volumes of water taken annually during those years,
      subtracting from each such volume the volume of any entitlement under the former 1912 Act that authorised the taking of tidal pool water, other than an entitlement that authorised the taking of tidal pool water for domestic consumption or stock watering (or both).
(3)  To the extent to which the confirmed history of water usage for the land indicates that tidal pool water has been used for purposes other than:
(a)  irrigation, or
(b)  domestic consumption, or
(c)  stock watering,
      the volume of water taken in any year is to be calculated (in megalitres) on the basis of that history.
(4)  To the extent to which the confirmed history of water usage for the land indicates that tidal pool water has been used for the purposes of irrigation, the volume of water taken in any year for those purposes is to be calculated (in megalitres):
(a)  if the confirmed history of water usage for the land indicates which crops specified in the Table to this clause were grown under irrigation on which parts of the land during that year, as the sum of the amounts obtained by multiplying the number of hectares of land on which each such crop was grown (as indicated by the confirmed history of water usage) by the factor specified in that Table in relation to that crop, or
(b)  in any other case, as the amount obtained by multiplying the number of hectares of the land on which crops specified in the Table to this clause were grown under irrigation during that year (as indicated by the confirmed history of water usage for the land) by the smallest factor specified in that Table in relation to those crops.
(5)  Where more than one crop has been grown on the same land in the same year, the land may not be counted more than once for the purposes of subclause (4), but the higher or highest of the factors relevant to those crops is to be used.
(6)  For the purposes of this clause, a reference to a crop specified in the Table to this clause includes a reference to any other crop that the Minister determines to be an equivalent to that crop.



Table

Crop under irrigation

Factor

Winter cereal

1

Summer cereal

2.5

Citrus

3.5

Vines

1.5

Summer oilseeds

3

Perennial pasture (dairy)

6.5

Perennial pasture (non-dairy)

4.5

Annual pasture

1.5

Lucerne

5

Vegetables

4.5

Orchards

5.5

Nuts

5.5

Pulses

2.5

Olives

3

Turf

8.5

Cut flowers

4.5

Inactive areas

1

Example 1. 

Suppose, in respect of any year, 30 hectares of a landholding were under irrigation, of which 10 hectares were used for growing lucerne, 10 hectares were used for annual pasture and 10 hectares were used for vegetables (as indicated by the confirmed history of water usage for the land). The factors for these crops (using the Table above) are 5 (for lucerne), 1.5 (for annual pasture) and 4.5 (for vegetables). The volume of water calculated for that year for the land would therefore be 110 megalitres (that is, 10 times 5, plus 10 times 1.5, plus 10 times 4.5: see subclause (4) (a)).

Example 2. 

Suppose, in respect of any year, 30 hectares of a landholding were under irrigation, of which some were used for growing lucerne, some were used for annual pasture and some were used for vegetables (the specific areas not indicated by the confirmed history of water usage for the land). The factors for these crops (using the Table above) are 5 (for lucerne), 1.5 (for annual pasture) and 4.5 (for vegetables). The volume of water calculated for that year for the land would therefore be 45 megalitres (that is, 30 times 1.5: see subclause (4) (b)).

Example 3. 

Suppose, in respect of any year, 30 hectares of a landholding were under irrigation, of which all 30 were used for growing summer cereals (in summer) and all 30 were used for growing winter cereals (in winter). The factors for these crops (using the Table above) are 2.5 (for summer cereals) and 1 (for winter cereals). The volume of water calculated for that year for the land would therefore be 75 megalitres (that is, 30 times 2.5: see subclauses (4) (a) and (5)).

70   Conversion of share components of access licence

Clause 7 of Schedule 10 to the Act applies to and in respect of a replacement access licence in the same way as it applies to and in respect of an access licence arising under that Schedule.
Note. This clause enables the share component of an access licence under this Subdivision to be converted from a specified quantity of water to any other manner (such as a unit share) in which a share component may be expressed under section 56 of the Act.

Subdivision 3 General

71   Supplementary water access licences

On 1 April 2011, each entitlement with respect to the water sources to which the Water Sharing Plan for the Bega and Brogo Rivers Area Regulated, Unregulated and Alluvial Water Sources 2011 applies referred to in Column 1 of Subdivision 1 of Division 8 of Part 4 of this Schedule is taken to have been replaced not only by the relevant access licence referred to in Schedule 11 to the Act but also by a supplementary water access licence with a share component equivalent to the volume of water (expressed in megalitres) specified in Column 2 of Subdivision 1 of Division 8 of Part 4 of this Schedule with respect to that entitlement.

72   Regulated river (high security) access licences

(1)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 4 (4) of Schedule 10 to the Act:
  
(5)  This clause does not apply to an entitlement listed in Subdivision 2 of Division 8 of Part 4 of Schedule 4 to the Water Management (General) Regulation 2011.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following clause is taken to be inserted after clause 4 of Schedule 10 to the Act:
  

4A   Regulated river (high security) access licences

A Part 2 or Part 5 entitlement listed in Subdivision 2 of Division 8 of Part 4 of Schedule 4 to the Water Management (General) Regulation 2011 is taken to have been replaced by a regulated river (high security) access licence.
(3)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 5 (4) of Schedule 10 to the Act:
  
(5)  Subclause (1) does not apply to an entitlement listed in Subdivision 2 of Division 8 of Part 4 of Schedule 4 to the Water Management (General) Regulation 2011.

73   Registration of security interests in replacement access licences

(1)  Pursuant to clause 1 of Schedule 9 to the Act, clause 19 of Schedule 10 to the Act is to be construed as if the reference in clause 19 (5) to the commencement of Part 2 of Schedule 10 to the Act were a reference to 1 April 2011.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclauses are taken to be inserted after clause 19 (10) of Schedule 10 to the Act:
  
(10A)  Subclause (10B) applies only to an access licence arising from an entitlement with respect to land in respect of which an interest was, immediately before 1 April 2011, registered under the Real Property Act 1900 or under the Corporations Act 2001 of the Commonwealth.
(10B)  No dealing that requires the consent of the holder of a security interest may be registered in relation to an access licence until the expiry of the prescribed period unless, before the expiry of that period, the holder of the interest:
(a)  has lodged with the Director-General a notice of the kind referred to in subclause (5) (d), or
(b)  has notified the Director-General that the holder does not propose to seek registration of the interest in the Access Register.

74   Entitlements held by 2 or more co-holders

Pursuant to clause 1 of Schedule 9 of the Act, clause 23 of Schedule 10 to the Act is taken to have been replaced by the following clause:
  

23   Entitlements held by 2 or more co-holders

Two or more co-holders of a replacement access licence are taken to hold the access licence:
(a)  if the Minister has a record of the shares in which the former entitlement was held immediately before the appointed day, in the same shares as the former entitlement was so held, or
(b)  if the Minister has no such record, but within 2 months after sending a written request to the co-holders seeking information as to their shareholding the Director-General receives:
(i)  a notice, signed by or on behalf of each of them, by which they agree as to the shares in which they hold the access licence, or
(ii)  a notice, signed by any one of them, to the effect that legal proceedings have been commenced for the purpose of obtaining a declaration as to the shares in which they hold the access licence,
      in the agreed shares referred to in the notice under subparagraph (i), or in the shares determined pursuant to the legal proceedings referred to in the notice under subparagraph (ii), as the case may be, or
(c)  in any other case, as tenants in common with the entitlements conferred by the licence under section 56 apportioned equally between them.

Division 13 Replacement access licences for entitlements for certain Greater Metropolitan Water Sources (1 July 2011)

Subdivision 1 Preliminary

75   Definitions

In this Division:

confirmed history of water usage, in relation to eligible land, means information that indicates the volume of tidal pool water that has been used on the land, and the purposes for which that water has been used, at any time between 1 July 2001 and 1 July 2011, established to the satisfaction of the Minister.

eligible land means any land on which the landholder of the land has used tidal pool water at any time between 1 July 2001 and 1 July 2011.

Hawkesbury and Lower Nepean Rivers Water Source means the water source of that name identified in the Water Sharing Plan for the Greater Metropolitan Region Unregulated River Water Sources 2011.

Illawarra Rivers Water Source means the water source of that name identified in the Water Sharing Plan for the Greater Metropolitan Region Unregulated River Water Sources 2011.

Northern Sydney Rivers Water Source means the water source of that name identified in the Water Sharing Plan for the Greater Metropolitan Region Unregulated River Water Sources 2011.

replacement access licence means an access licence that is taken to have arisen under this Subdivision.

Shoalhaven River Water Source means the water source of that name identified in the Water Sharing Plan for the Greater Metropolitan Region Unregulated River Water Sources 2011.

Southern Sydney Rivers Water Source means the water source of that name identified in the Water Sharing Plan for the Greater Metropolitan Region Unregulated River Water Sources 2011.

tidal pool water means water taken from a tidal pool water source.

tidal pool water source means:

(a)  the following management zones in the Shoalhaven River Water Source:
(i)  the Lower Shoalhaven River Catchment Management Zone,
(ii)  the Broughton Mill Creek Management Zone,
(iii)  the Jaspers Brush Creek and Tributaries Management Zone,
(iv)  the Bomaderry Creek Management Zone, or
(b)  the following management zones in the Illawarra Rivers Water Source:
(i)  the Minnamurra River Management Zone,
(ii)  the Minnamurra Coastal Management Zone,
(iii)  the Lake Illawarra Management Zone,
(iv)  the Macquarie Rivulet Management Zone,
(v)  the Wollongong Coastal Management Zone, or
(c)  the following management zones in the Hawkesbury and Lower Nepean Rivers Water Source:
(i)  the Colo River Management Zone,
(ii)  the Upper Hawkesbury River (Grose River to South Creek) Management Zone,
(iii)  the Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone,
(iv)  the Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone,
(v)  the Lower Hawkesbury River Management Zone,
(vi)  the Macdonald River Management Zone,
(vii)  the Lower South Creek Management Zone,
(viii)  the Cattai Creek Management Zone,
(ix)  the Berowra Creek and Cowan Creek Management Zone,
(x)  the Lower South Creek Management Zone,
(xi)  the Grose River Management Zone,
(xii)  the Lower Nepean River Management Zone,
(d)  the following management zones in the Southern Sydney Rivers Water Source:
(i)  the Lower Woronora River Management Zone,
(ii)  the Hacking River Management Zone,
(iii)  the Lower Georges River and Bunburry Curran Creek Management Zone,
(iv)  the Cabramatta Creek Management Zone,
(v)  the Prospect Creek Management Zone,
(vi)  the Cooks River and Botany Bay Management Zone,
(vii)  the Southern Sydney Coastal Management Zone, or
(e)  the following management zones in the Northern Sydney Rivers Water Source:
(i)  the Lower Parramatta River Management Zone,
(ii)  the Lane Cove River Management Zone,
(iii)  the Middle Harbour Management Zone,
(iv)  the Northern Sydney Coastal Management Zone.

Subdivision 2 Access licences for tidal pool water sources

76   Temporary exemption from requirements for certain access licences and approvals

(1)  All persons are exempt from:
(a)  sections 60A (1) and (2), 60C (1) and (2) and 60D of the Act in relation to the taking of tidal pool water, and
(b)  section 91A (1) of the Act in relation to the use of tidal pool water, and
(c)  section 91B (1) of the Act in relation to:
(i)  the use of any water supply work by which tidal pool water is taken (being a water supply work constructed before 1 July 2011), and
(ii)  the maintenance and repair of any such work,
      for the period between 1 July 2011 and 1 July 2013 (inclusive).
(2)  Subclause (1) ceases to apply to a person in relation to land when the person is given notice under clause 77 of this Schedule of the terms and conditions of the person’s replacement access licence for the land.
(3)  The Minister may in a particular case by notice in writing to a landholder of eligible land extend the period of an exemption conferred by subclause (1) in its application to the landholder if the Minister is satisfied that the extension is necessary to enable the Minister to establish the landholder’s confirmed history of water usage.

77   Replacement access licences arising from confirmed history of water usage

(1)  A landholder of eligible land in respect of which there is a confirmed history of water usage is taken to hold an access licence (a replacement access licence), and such an access licence is taken to have arisen, on the following terms and conditions:
(a)  terms identifying:
(i)  the category or subcategory of the licence, as determined by clause 78 of this Schedule, and
(ii)  the share component of the licence, as determined by clause 79 or 80 of this Schedule, as the case requires,
(b)  the mandatory conditions referable to an access licence of the category or subcategory referred to in paragraph (a) (i).
(2)  A replacement access licence does not operate (and has no force or effect) until the Minister notifies the licence holder in writing of the terms and conditions of the licence referred to in subclause (1).
(3)  For the purpose of establishing the confirmed history of water usage for any eligible land, the Minister may require the landholder to furnish information relevant to that purpose.
(4)  The Minister is not required to issue a notice under subclause (2) if he or she is not satisfied that a confirmed history of water usage for eligible land has been established, whether because the landholder has failed to comply with a requirement under subclause (3) or otherwise.
(5)  This Subdivision does not operate:
(a)  to create a domestic and stock access licence (or an access licence of a subcategory of a domestic and stock access licence) in relation to land if:
(i)  the land has frontage to a tidal pool water source, or
(ii)  the share component of the licence, as determined by clause 79 of this Schedule, would be zero or negative, or
(b)  to create an unregulated river access licence (or an access licence of a subcategory of an unregulated river access licence) if the share component of the licence, as determined by clause 80 of this Schedule, would be zero or negative.
Note. Because it is an access licence, a replacement access licence can be suspended, cancelled or compulsorily acquired under Division 6 of Part 2 of Chapter 3 of the Act, and discretionary conditions can be imposed under section 66. The licence holder will need to apply for any necessary water use approvals and water supply work approvals if he or she intends to take or use water under the authority of a replacement access licence.

78   Categories of replacement access licence

A replacement access licence is to be:
(a)  to the extent to which the confirmed history of water usage for the land indicates that tidal pool water has been used for domestic consumption or stock watering:
(i)  if the water has been used for both domestic consumption and stock watering, a domestic and stock access licence, or
(ii)  if the water has been used for domestic consumption only, a domestic and stock [domestic] access licence, or
(iii)  if the water has been used for stock watering only, a domestic and stock [stock] access licence, and
(b)  to the extent to which the confirmed history of water usage for the land indicates that tidal pool water has been used otherwise than for domestic consumption or stock watering:
(i)  an unregulated river access licence, or
(ii)  an access licence of any subcategory of an unregulated river access licence.

79   Share component for domestic and stock access licences

(1)  In relation to an entitlement or access licence in respect of a tidal pool water source in the Hawkesbury and Lower Nepean Rivers Water Source, the Southern Sydney Rivers Water Source or the Northern Sydney Rivers Water Source, the share component for a replacement access licence that is a domestic and stock access licence is to be as follows:
(a)  except as provided by paragraphs (b) and (c), 6.5 megalitres,
(b)  in the case of a domestic and stock [domestic] access licence, 1 megalitre,
(c)  in the case of a domestic and stock [stock] access licence, 5.5 megalitres,
      subtracting from each such volume the volume of any entitlement under the former 1912 Act that authorised the taking of tidal pool water for domestic consumption or stock watering (or both).
(2)  In relation to an entitlement or access licence in respect of the Shoalhaven River Water Source or the Illawarra Rivers Water Source, the share component for a replacement access licence that is a domestic and stock access licence is to be as follows:
(a)  except as provided by paragraphs (b) and (c), 5.5 megalitres,
(b)  in the case of a domestic and stock [domestic] access licence, 1 megalitre,
(c)  in the case of a domestic and stock [stock] access licence, 4.5 megalitres,
      subtracting from each such volume the volume of any entitlement under the former 1912 Act that authorised the taking of tidal pool water for domestic consumption or stock watering (or both).

80   Share component for unregulated river access licences

(1)  The share component for a replacement access licence that is an unregulated river access licence is to be the amount (in megalitres) equivalent to the maximum average volume of tidal pool water taken annually and used on the eligible land concerned, otherwise than for domestic consumption or stock watering, between 2001 and 2011 (inclusive).
(2)  The reference in subclause (1) to the maximum average volume of water is a reference to:
(a)  if water was taken during only one of the years between 2001 and 2011, the volume of water taken during that year, or
(b)  if water was taken during only 2 of the years between 2001 and 2011, one half of the sum of the volumes of water taken annually during those years, or
(c)  if water was taken during 3 or more of the years between 2001 and 2011, one third of the sum of the 3 largest volumes of water taken annually during those years,
      subtracting from each such volume the volume of any entitlement under the former 1912 Act that authorised the taking of tidal pool water, other than an entitlement that authorised the taking of tidal pool water for domestic consumption or stock watering (or both).
(3)  To the extent to which the confirmed history of water usage for the land indicates that tidal pool water has been used for purposes other than:
(a)  irrigation, or
(b)  domestic consumption, or
(c)  stock watering,
      the volume of water taken in any year is to be calculated (in megalitres) on the basis of that history.
(4)  To the extent to which the confirmed history of water usage for the land indicates that tidal pool water has been used for the purposes of irrigation, the volume of water taken in any year for those purposes is to be calculated (in megalitres):
(a)  in the case of water taken from a tidal pool water source in the Shoalhaven River Source or the Illawarra Rivers Water Source:
(i)  if the confirmed history of water usage for the land indicates which crops specified in Table 1 to this clause were grown under irrigation on which parts of the land during that year, as the sum of the amounts obtained by multiplying the number of hectares of land on which each such crop was grown (as indicated by the confirmed history of water usage) by the factor specified in that Table in relation to that crop, or
(ii)  in any other case, as the amount obtained by multiplying the number of hectares of the land on which crops specified in Table 1 to this clause were grown under irrigation during that year (as indicated by the confirmed history of water usage for the land) by the smallest factor specified in that Table in relation to those crops, and
(b)  in the case of water taken from a tidal pool water source in the Hawkesbury and Lower Nepean Rivers Water Source, the Southern Sydney Rivers Water Source or the Northern Sydney Rivers Water Source:
(i)  if the confirmed history of water usage for the land indicates which crops specified in Table 2 to this clause were grown under irrigation on which parts of the land during that year, as the sum of the amounts obtained by multiplying the number of hectares of land on which each such crop was grown (as indicated by the confirmed history of water usage) by the factor specified in that Table in relation to that crop, or
(ii)  in any other case, as the amount obtained by multiplying the number of hectares of the land on which crops specified in Table 2 to this clause were grown under irrigation during that year (as indicated by the confirmed history of water usage for the land) by the smallest factor specified in that Table in relation to those crops.
(5)  Where more than one crop has been grown on the same land in the same year, the land may not be counted more than once for the purposes of subclause (4), but the higher or highest of the factors relevant to those crops is to be used.
(6)  For the purposes of this clause, a reference to a crop specified in Table 1 or 2 to this clause includes a reference to any other crop that the Minister determines to be an equivalent to that crop.



Table 1 Shoalhaven River Water Source and Illawarra Rivers Water Source

Crop under irrigation

Factor

Winter cereal

1

Summer cereal

2.5

Citrus

3.5

Vines

1.5

Summer oilseeds

3

Perennial pasture (dairy)

6.5

Perennial pasture (non-dairy)

4.5

Annual pasture

1.5

Lucerne

5

Vegetables

4.5

Orchards

5.5

Nuts

5.5

Pulses

2.5

Olives

3

Turf

8.5

Cut flowers

4.5

Inactive areas

1



Table 2 Hawkesbury and Lower Nepean Rivers Water Source, Southern Sydney Rivers Water Source and Northern Sydney Rivers Water Source

Crop under irrigation

Factor

Winter cereal

2.5

Summer cereal

3

Citrus

6

Vines

3

Perennial pasture (dairy)

7

Perennial pasture (non-dairy)

5

Annual pasture

3

Lucerne

6

Vegetables

7.5

Orchards

6

Nuts

6

Olives

5

Turf

11

Cut flowers

5

Inactive area

2.5

Example 1. 

Suppose, in respect of any year, 30 hectares of a landholding were under irrigation, of which 10 hectares were used for growing lucerne, 10 hectares were used for annual pasture and 10 hectares were used for vegetables (as indicated by the confirmed history of water usage for the land). The factors for these crops (using Table 1) are 5 (for lucerne), 1.5 (for annual pasture) and 4.5 (for vegetables). The volume of water calculated for that year for the land would therefore be 110 megalitres (that is, 10 times 5, plus 10 times 1.5, plus 10 times 4.5: see subclause (4) (a)).

Example 2. 

Suppose, in respect of any year, 30 hectares of a landholding were under irrigation, of which some were used for growing lucerne, some were used for annual pasture and some were used for vegetables (the specific areas not indicated by the confirmed history of water usage for the land). The factors for these crops (using Table 1) are 5 (for lucerne), 1.5 (for annual pasture) and 4.5 (for vegetables). The volume of water calculated for that year for the land would therefore be 45 megalitres (that is, 30 times 1.5: see subclause (4) (b)).

Example 3. 

Suppose, in respect of any year, 30 hectares of a landholding were under irrigation, of which all 30 were used for growing summer cereals (in summer) and all 30 were used for growing winter cereals (in winter). The factors for these crops (using Table 1) are 2.5 (for summer cereals) and 1 (for winter cereals). The volume of water calculated for that year for the land would therefore be 75 megalitres (that is, 30 times 2.5: see subclauses (4) (a) and (5)).

81   Conversion of share components of access licence

Clause 7 of Schedule 10 to the Act applies to and in respect of a replacement access licence in the same way as it applies to and in respect of an access licence arising under that Schedule.
Note. This clause enables the share component of an access licence under this Subdivision to be converted from a specified quantity of water to any other manner (such as a unit share) in which a share component may be expressed under section 56 of the Act.

Subdivision 3 Security interests

82   Application of Subdivision

This Subdivision applies to and in respect of each entitlement with respect to water sources to which any of the following applies and to and in respect of each access licence arising from any such entitlement:
(a)  the Water Sharing Plan for the Greater Metropolitan Region Unregulated River Water Sources 2011,
(b)  the Water Sharing Plan for the Greater Metropolitan Region Groundwater Sources 2011.

83   Registration of security interests in replacement access licences

(1)  Pursuant to clause 1 of Schedule 9 to the Act, clause 19 of Schedule 10 to the Act is to be construed as if the reference in clause 19 (5) to the commencement of Part 2 of Schedule 10 to the Act were a reference to 1 July 2011.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclauses are taken to be inserted after clause 19 (10) of Schedule 10 to the Act:
  
(10A)  Subclause (10B) applies only to an access licence arising from an entitlement with respect to land in respect of which an interest was, immediately before 1 July 2011, registered under the Real Property Act 1900 or under the Corporations Act 2001 of the Commonwealth.
(10B)  No dealing that requires the consent of the holder of a security interest may be registered in relation to an access licence until the expiry of the prescribed period unless, before the expiry of that period, the holder of the interest:
(a)  has lodged with the Director-General a notice of the kind referred to in subclause (5) (d), or
(b)  has notified the Director-General that the holder does not propose to seek registration of the interest in the Access Register.

84   Entitlements held by 2 or more co-holders

Pursuant to clause 1 of Schedule 9 of the Act, clause 23 of Schedule 10 to the Act is taken to have been replaced by the following clause:
  

23   Entitlements held by 2 or more co-holders

Two or more co-holders of a replacement access licence are taken to hold the access licence:
(a)  if the Minister has a record of the shares in which the former entitlement was held immediately before the appointed day, in the same shares as the former entitlement was so held, or
(b)  if the Minister has no such record, but within 2 months after sending a written request to the co-holders seeking information as to their shareholding the Director-General receives:
(i)  a notice, signed by or on behalf of each of them, by which they agree as to the shares in which they hold the access licence, or
(ii)  a notice, signed by any one of them, to the effect that legal proceedings have been commenced for the purpose of obtaining a declaration as to the shares in which they hold the access licence,
      in the agreed shares referred to in the notice under subparagraph (i), or in the shares determined pursuant to the legal proceedings referred to in the notice under subparagraph (ii), as the case may be, or
(c)  in any other case, as tenants in common with the entitlements conferred by the licence under section 56 apportioned equally between them.

Division 14 Replacement access licences for certain entitlements for the Castlereagh (1 October 2011)

84A   Application of Division

This Division applies to and in respect of the entitlements identified as licence numbers 80SL044829H and 80SL044904H with respect to water sources to which the Water Sharing Plan for the Castlereagh (below Binnaway) Unregulated and Alluvial Water Sources 2011 applies.

84B   Unregulated river (special additional high flow) access licences

(1)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 4 (4) of Schedule 10 to the Act:
  
(5)  This clause does not apply to an entitlement referred to in clause 84A of Schedule 4 to the Water Management (General) Regulation 2011.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following clause is taken to be inserted after clause 4 of Schedule 10 to the Act:
  

4A   Unregulated river (special additional high flow) access licences

An entitlement referred to in clause 84A of Schedule 4 to the Water Management (General) Regulation 2011 is taken to have been replaced by an unregulated river (special additional high flow) access licence.
(3)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 5 (4) of Schedule 10 to the Act:
  
(5)  Subclause (1) does not apply to an entitlement referred to in clause 84A of Schedule 4 to the Water Management (General) Regulation 2011.

Division 15 Replacement access licences for certain entitlements for the Intersecting Streams (1 November 2011)

84C   Application of Division

This Division applies to and in respect of the entitlements identified as licence numbers 85SL036285H and 85SL022275H with respect to water sources to which the Water Sharing Plan for the Intersecting Streams Unregulated and Alluvial Water Sources 2011 applies.

84D   Unregulated river (special additional high flow) access licences

(1)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 4 (4) of Schedule 10 to the Act:
  
(5)  This clause does not apply to an entitlement referred to in clause 84C of Schedule 4 to the Water Management (General) Regulation 2011.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following clause is taken to be inserted after clause 4 of Schedule 10 to the Act:
  

4A   Unregulated river (special additional high flow) access licences

An entitlement referred to in clause 84C of Schedule 4 to the Water Management (General) Regulation 2011 is taken to have been replaced by an unregulated river (special additional high flow) access licence.
(3)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 5 (4) of Schedule 10 to the Act:
  
(5)  Subclause (1) does not apply to an entitlement referred to in clause 84C of Schedule 4 to the Water Management (General) Regulation 2011.

Division 16 Replacement access licences for certain entitlements for the NSW Murray Darling Basin Fractured Rock Groundwater Sources (16 January 2012)

84E   Application of Division

This Division applies to and in respect of the entitlements identified as licence numbers 40BL187027, 40BL187028, 40BL187029, 40BL187030, 40BL187031, 40BL187032, 40BL187033, 40BL187034 and 40BL187036 with respect to water sources to which the Water Sharing Plan for the NSW Murray Darling Basin Fractured Rock Groundwater Sources 2011 applies.

84F   Salinity and water table management access licences

(1)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 4 (4) of Schedule 10 to the Act:
  
(5)  This clause does not apply to an entitlement referred to in clause 84E of Schedule 4 to the Water Management (General) Regulation 2011.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following clause is taken to be inserted after clause 4 of Schedule 10 to the Act:
  

4A   Salinity and water table management access licences

An entitlement referred to in clause 84E of Schedule 4 to the Water Management (General) Regulation 2011 is taken to have been replaced by a salinity and water table management access licence.
(3)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 5 (4) of Schedule 10 to the Act:
  
(5)  Subclause (1) does not apply to an entitlement referred to in clause 84E of Schedule 4 to the Water Management (General) Regulation 2011.

Division 17 Replacement access licence for entitlements relating to Lower Murray Shallow Groundwater Source (1 April 2012)

84G   Application of Division

This Division applies to and in respect of the following entitlements with respect to the water source to which the Water Sharing Plan for the Lower Murray Shallow Groundwater Source 2012 applies:
(a)  the entitlement of Murray Irrigation Limited to take water from unlicensed water bores (constructed as referred to in section 112 (1) (b) of the former 1912 Act) for the purposes of operating the Wakool Tullakool Sub-Surface Drainage Scheme (the WTSSDS entitlement),
(b)  the entitlement identified as licence number 50BL143811.

84H   WTSSDS entitlement for specified quantity of water

For the purposes of applying Schedule 10 to the Act in relation to the WTSSDS entitlement, that entitlement is taken to have been, immediately before the appointed day, for a specified quantity of 20,000 megalitres of water in any year.

84I   Salinity and water table management access licences

(1)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 4 (4) of Schedule 10 to the Act:
  
(5)  This clause does not apply to the entitlements referred to in clause 84G of Schedule 4 to the Water Management (General) Regulation 2011.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following clause is taken to be inserted after clause 4 of Schedule 10 to the Act:
  

4A   Salinity and water table management access licences

An entitlement referred to in clause 84G of Schedule 4 to the Water Management (General) Regulation 2011 is taken to have been replaced by a salinity and water table management access licence.
(3)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 5 (4) of Schedule 10 to the Act:
  
(5)  Subclause (1) does not apply to an entitlement referred to in clause 84G of Schedule 4 to the Water Management (General) Regulation 2011.

Division 18 Replacement access licences for certain entitlements for NSW Border Rivers Unregulated and Alluvial Water Sources (1 June 2012)

84J   Application of Division

This Division applies to and in respect of the following entitlements with respect to water sources to which the Water Sharing Plan for the NSW Border Rivers Unregulated and Alluvial Water Sources 2012 applies:
(a)  the entitlement identified as licence number 90SL037621H,
(b)  the entitlements identified as licence numbers 90BL151528, 90BL152351, 90BL153072, 90BL152661, 90BL152662 and 90BL152676.

84K   Unregulated river (special additional high flow) access licence

(1)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 4 (4) of Schedule 10 to the Act:
  
(5)  This clause does not apply to an entitlement referred to in clause 84J of Schedule 4 to the Water Management (General) Regulation 2011.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following clause is taken to be inserted after clause 4 of Schedule 10 to the Act:
  

4A   Unregulated river (special additional high flow) access licence and aquifer (high security) access licences

(1)  The entitlement referred to in clause 84J (a) of Schedule 4 to the Water Management (General) Regulation 2011 is taken to have been replaced by an unregulated river (special additional high flow) access licence.
(2)  An entitlement referred to in clause 84J (b) of Schedule 4 to the Water Management (General) Regulation 2011 is taken to have been replaced by an aquifer (high security) access licence.
(3)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 5 (4) of Schedule 10 to the Act:
  
(5)  Subclause (1) does not apply to an entitlement referred to in clause 84J of Schedule 4 to the Water Management (General) Regulation 2011.

Division 19 Replacement access licences for certain entitlements for Gwydir Unregulated and Alluvial Water Sources (3 August 2012)

84L   Application of Division

This Division applies to and in respect of each of the following entitlements with respect to water sources to which the Water Sharing Plan for the Gwydir Unregulated and Alluvial Water Sources 2012 applies:

90BL154675

90BL246759

90BL130269

90BL150009

90BL246347

90BL120455

90BL246378

90BL253075

90BL246647

90BL252989

84M   Aquifer (high security) access licences

(1)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 4 (4) of Schedule 10 to the Act:
  
(5)  This clause does not apply to an entitlement referred to in clause 84L of Schedule 4 to the Water Management (General) Regulation 2011.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following clause is taken to be inserted after clause 4 of Schedule 10 to the Act:
  

4A   Aquifer (high security) access licences

An entitlement referred to in clause 84L of Schedule 4 to the Water Management (General) Regulation 2011 is taken to have been replaced by an aquifer (high security) access licence.
(3)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 5 (4) of Schedule 10 to the Act:
  
(5)  Subclause (1) does not apply to an entitlement referred to in clause 84L of Schedule 4 to the Water Management (General) Regulation 2011.

Division 20 Replacement access licences for certain entitlements for Lachlan Unregulated and Alluvial Water Sources (14 September 2012)

Subdivision 1 Aquifer (high security) access licences

84N   Application of Subdivision

This Subdivision applies to and in respect of each of the following entitlements with respect to water sources to which the Water Sharing Plan for the Lachlan Unregulated and Alluvial Water Sources 2012 applies:

70BL127469

70BL226440

70BL130509

70BL136268

70BL021711

70BL233456

70BL136302

70BL120279

70BL017257

70BL136303

70BL123279

70BL022434

70BL229578

70BL126737

70BL232386

70BL133281

70BL229575

70BL226381

70BL232859

70BL131609

70BL226599

70BL130221

70BL126971

70BL227542

70BL231361

70BL020435

70BL226739

70BL125083

70BL117469

70BL154627

70BL139869

70BL140960

70BL124902

70BL126305

70BL126052

70BL230838

70BL020498

70BL126053

70BL120152

70BL020961

70BL229958

70BL230809

70BL023078

70BL232091

70BL120836

70BL102034

70BL130293

 

84O   Aquifer (high security) access licences

(1)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 4 (4) of Schedule 10 to the Act:
  
(5)  This clause does not apply to an entitlement referred to in clause 84N of Schedule 4 to the Water Management (General) Regulation 2011.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following clause is taken to be inserted after clause 4 of Schedule 10 to the Act:
  

4A   Aquifer (high security) access licences

An entitlement referred to in clause 84N of Schedule 4 to the Water Management (General) Regulation 2011 is taken to have been replaced by an aquifer (high security) access licence.
(3)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 5 (4) of Schedule 10 to the Act:
  
(5)  Subclause (1) does not apply to an entitlement referred to in clause 84N of Schedule 4 to the Water Management (General) Regulation 2011.

Subdivision 2 Access licences for domestic and stock water supply schemes

84P   Application of Subdivision

This Subdivision applies to and in respect of each of the following entitlements with respect to water sources to which the Water Sharing Plan for the Lachlan Unregulated and Alluvial Water Sources 2012 applies:

70BL230551

70BL229616

70BL232756

70BL231959

70BL230783

70BL233442

84Q   More than one licence or approval may replace a single entitlement

Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 5 (4) of Schedule 10 to the Act:
  
(5)  To avoid doubt, subclause (3) does not apply to an entitlement referred to in clause 84P of Schedule 4 to the Water Management (General) Regulation 2011.

84R   Access licences and approvals not to arise from certain entitlements

Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 6 (2) of Schedule 10 to the Act:
  
(3)  This clause does not apply to an entitlement referred to in clause 84P of Schedule 4 to the Water Management (General) Regulation 2011.

Division 21 Replacement access licences for certain entitlements for Namoi, Macquarie Bogan, Barwon-Darling and Murrumbidgee Unregulated and Alluvial Water Sources and Belubula Regulated River Water Source and for Murrumbidgee Regulated River Water Sources (4 October 2012)

Subdivision 1 Aquifer (high security) access licences

84S   Application of Subdivision

This Subdivision applies to and in respect of the following entitlements, unless otherwise expressly provided:
(a)  each of the entitlements with respect to water sources to which the Water Sharing Plan for the Macquarie Bogan Unregulated and Alluvial Water Sources 2012 or the Water Sharing Plan for the Murrumbidgee Unregulated and Alluvial Water Sources 2012 applies that are referred to in Subdivision 1 of Division 9 of Part 4 of this Schedule under the heading “Individual listings”,
(b)  each of the entitlements with respect to water sources to which the Water Sharing Plan for the Macquarie Bogan Unregulated and Alluvial Water Sources 2012 or the Water Sharing Plan for the Murrumbidgee Unregulated and Alluvial Water Sources 2012 applies that comprise a group of entitlements referred to in Subdivision 1 of Division 9 of Part 4 of this Schedule under the heading “Group listings”.

84T   Aquifer (high security) access licences

(1)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 4 (4) of Schedule 10 to the Act:
  
(5)  This clause does not apply to an entitlement referred to in clause 84S of Schedule 4 to the Water Management (General) Regulation 2011.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following clause is taken to be inserted after clause 4 of Schedule 10 to the Act:
  

4A   Aquifer (high security) access licences

An entitlement referred to in clause 84S (a) of Schedule 4 to the Water Management (General) Regulation 2011 is taken to have been replaced by an aquifer (high security) access licence.
(3)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 5 (4) of Schedule 10 to the Act:
  
(5)  Subclause (1) does not apply to an entitlement referred to in clause 84S of Schedule 4 to the Water Management (General) Regulation 2011.
(4)  Pursuant to clause 1 of Schedule 9 to the Act, a reference to “a single aquifer access licence” in clause 17 (2) (a) of Schedule 10 to the Act is to be construed, in its application to a group of entitlements referred to in clause 84S (b), as “a single aquifer (high security) access licence”.

84U   Water allocations

(1)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 25 (5) of Schedule 10 to the Act:
  
(6)  This clause does not apply to the balance of the water allocation account for an access licence arising from an entitlement referred to in clause 84S of Schedule 4 to the Water Management (General) Regulation 2011.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following clause is taken to be inserted after clause 25 of Schedule 10 to the Act:
  

25A   Water allocations for certain aquifer (high security) access licences

On the appointed day, the balance of the water allocation account for an access licence arising from an entitlement referred to in clause 84S is taken to be zero.
Note. On the appointed day, the water allocation account will be credited in accordance with any relevant available water determination made on that day.

Subdivision 2 Aquifer (general security) access licences

84V   Application of Subdivision

This Subdivision applies to and in respect of each of the following entitlements with respect to water sources to which the Water Sharing Plan for the Namoi Unregulated and Alluvial Water Sources 2012 applies:

90BL246165

90BL250261

 

90BL246353

90BL009838

 

90BL011504

  

90BL248971

  

84W   Aquifer (general security) access licences

(1)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 4 (4) of Schedule 10 to the Act:
  
(5)  This clause does not apply to an entitlement referred to in clause 84V of Schedule 4 to the Water Management (General) Regulation 2011.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following clause is taken to be inserted after clause 4 of Schedule 10 to the Act:
  

4A   Aquifer (general security) access licences

An entitlement referred to in clause 84V of Schedule 4 to the Water Management (General) Regulation 2011 is taken to have been replaced by an aquifer (general security) access licence.
(3)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 5 (4) of Schedule 10 to the Act:
  
(5)  Subclause (1) does not apply to an entitlement referred to in clause 84V of Schedule 4 to the Water Management (General) Regulation 2011.

84X   Water allocations

(1)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 25 (5) of Schedule 10 to the Act:
  
(6)  This clause does not apply to the balance of the water allocation account for an access licence arising from an entitlement referred to in clause 84V of Schedule 4 to the Water Management (General) Regulation 2011.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following clause is taken to be inserted after clause 25 of Schedule 10 to the Act:
  

25A   Water allocations for certain aquifer (general security) access licences

On the appointed day, the balance of the water allocation account for an access licence arising from an entitlement referred to in clause 84V is taken to be zero.
Note. On the appointed day, the water allocation account will be credited in accordance with any relevant available water determination made on that day.

Subdivision 3 Unregulated river (special additional high flow) access licences

84Y   Application of Subdivision

This Subdivision applies to and in respect of the following entitlements:
(a)  each of the following entitlements with respect to water sources to which the Water Sharing Plan for the Macquarie Bogan Unregulated and Alluvial Water Sources 2012 applies:

80SA000480H

80SL095134H

85SL043626H

80SL034332H

80SL095326H

85SL049423H

80SL037527H

80SL096343H

85SL095246

80SL048683

85SL039638H

85SL095775H

(b)  the following entitlement with respect to water sources to which the Water Sharing Plan for the Namoi Unregulated and Alluvial Water Sources 2012 applies:

90SL100823H

84Z   Unregulated river (special additional high flow) access licences

(1)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 4 (4) of Schedule 10 to the Act:
  
(5)  This clause does not apply to an entitlement referred to in clause 84Y of Schedule 4 to the Water Management (General) Regulation 2011.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following clause is taken to be inserted after clause 4 of Schedule 10 to the Act:
  

4A   Unregulated river (special additional high flow) access licences

An entitlement referred to in clause 84Y of Schedule 4 to the Water Management (General) Regulation 2011 is taken to have been replaced by an unregulated river (special additional high flow) access licence.
(3)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 5 (4) of Schedule 10 to the Act:
  
(5)  Subclause (1) does not apply to an entitlement referred to in clause 84Y of Schedule 4 to the Water Management (General) Regulation 2011.

84ZA   Water allocations

(1)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 25 (5) of Schedule 10 to the Act:
  
(6)  This clause does not apply to the balance of the water allocation account for an access licence arising from an entitlement referred to in clause 84Y of Schedule 4 to the Water Management (General) Regulation 2011.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following clause is taken to be inserted after clause 25 of Schedule 10 to the Act:
  

25A   Water allocations for certain unregulated river (special additional high flow) access licences

On the appointed day, the balance of the water allocation account for an access licence arising from an entitlement referred to in clause 84Y is taken to be zero.
Note. On the appointed day, the water allocation account will be credited in accordance with any relevant available water determination made on that day.

Subdivision 4 Salinity and water table management access licence licences

84ZB   Application of Subdivision

This Subdivision applies to and in respect of the following entitlements:
(a)  each of the following entitlements with respect to water sources to which the Water Sharing Plan for the Barwon-Darling Unregulated and Alluvial Water Sources 2012 applies:

85BL256072

85BL256075

 

85BL256073

85BL256077

 

85BL256074

  
(b)  the following entitlement with respect to water sources to which the Water Sharing Plan for the Murrumbidgee Unregulated and Alluvial Water Sources 2012 applies:

50BL199858

84ZC   Salinity and water table management access licences

(1)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 4 (4) of Schedule 10 to the Act:
  
(5)  This clause does not apply to an entitlement referred to in clause 84ZB of Schedule 4 to the Water Management (General) Regulation 2011.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following clause is taken to be inserted after clause 4 of Schedule 10 to the Act:
  

4A   Salinity and water table management access licences

An entitlement referred to in clause 84ZB of Schedule 4 to the Water Management (General) Regulation 2011 is taken to have been replaced by a salinity and water table management access licence.
(3)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 5 (4) of Schedule 10 to the Act:
  
(5)  Subclause (1) does not apply to an entitlement referred to in clause 84ZB of Schedule 4 to the Water Management (General) Regulation 2011.

84ZD   Water allocations

(1)  Pursuant to clause 1 of Schedule 9 to the Act, clause 25 of Schedule 10 to the Act is to be construed, in its application to an access licence arising from an entitlement referred to in clause 84ZB (a), as if clause 25 (1)–(4) were replaced by the following subclauses:
  
(1)  The balance of the water account for an entitlement referred to in clause 84ZB (a) of Schedule 4 to the Water Management (General) Regulation 2011, as determined in accordance with subclause (2), is taken to be the balance, on the appointed day, of the water allocation account for the access licence arising from the entitlement.
(2)  The balance of the water account for an entitlement is to be determined by taking the balance of the water account based on the last meter reading before the appointed day and, based on the next meter reading and the best information then available to the Department, crediting or debiting that balance to reflect:
(a)  any water usage, and
(b)  any water traded to or from the account,
      between the dates of the first-mentioned meter reading and the appointed day.
Note. On the appointed day, the water allocation account will also be credited in accordance with any relevant available water determination made on that day.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 25 (5) of Schedule 10 to the Act:
  
(6)  This clause does not apply to the balance of the water allocation account for an access licence arising from an entitlement referred to in clause 84ZB (b) of Schedule 4 to the Water Management (General) Regulation 2011.
(3)  Pursuant to clause 1 of Schedule 9 to the Act, the following clause is taken to be inserted after clause 25 of Schedule 10 to the Act:
  

25A   Water allocations for salinity and water table management access licences

On the appointed day, the balance of the water allocation account for an access licence arising from an entitlement referred to in clause 84ZB (b) is taken to be zero.
Note. On the appointed day, the water allocation account will be credited in accordance with any relevant available water determination made on that day.

Subdivision 5 Unregulated river (A class), (B class) and (C class) access licences

84ZE   Application of Subdivision

This Subdivision applies to and in respect of each of the entitlements with respect to water sources to which the Water Sharing Plan for the Barwon-Darling Unregulated and Alluvial Water Sources 2012 applies that are referred to in Subdivision 2 of Division 9 of Part 4 of this Schedule.

84ZF   New share components for entitlements

Pursuant to clause 1 of Schedule 9 to the Act, clause 3 of Schedule 10 to the Act is to be construed, in its application to an entitlement referred to in clause 84ZE, as if clause 3 (1) (a) (ii) were replaced by the following subclause:
  
(ii)  in the case of an entitlement referred to in clause 84ZE of Schedule 4 to the Water Management (General) Regulation 2011, with a share component (expressed in unit shares) specified in Subdivision 2 of Division 9 of Part 4 of that Schedule with respect to that entitlement.

84ZG   Unregulated river (A class), (B class) and (C class) access licences

(1)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 4 (4) of Schedule 10 to the Act:
  
(5)  This clause does not apply to an entitlement referred to in clause 84ZE of Schedule 4 to the Water Management (General) Regulation 2011.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following clause is taken to be inserted after clause 4 of Schedule 10 to the Act:
  

4A   Unregulated river (A class), (B class) and (C class) access licences

An entitlement referred to in clause 84ZE of Schedule 4 to the Water Management (General) Regulation 2011 is taken to have been replaced by an access licence of the category specified in Subdivision 2 of Division 9 of Part 4 of that Schedule with respect to that entitlement.
(3)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 5 (4) of Schedule 10 to the Act:
  
(5)  Subclause (1) does not apply to an entitlement referred to in clause 84ZE of Schedule 4 to the Water Management (General) Regulation 2011.

84ZH   Water allocations

(1)  Pursuant to clause 1 of Schedule 9 to the Act, clause 25 of Schedule 10 to the Act is to be construed, in its application to an access licence arising from an entitlement referred to in clause 84ZE, as if clause 25 (1)–(4) were replaced by the following subclauses:
  
(1)  The balance of the water account for an entitlement referred to in clause 84ZE of Schedule 4 to the Water Management (General) Regulation 2011, as determined in accordance with subclause (2), is taken to be the balance, on the appointed day, of the water allocation account for the access licence arising from the entitlement.
(2)  The balance of the water account for an entitlement is to be determined by taking the balance of the water account based on the last meter reading before the appointed day and, based on the next meter reading and the best information then available to the Department, crediting or debiting that balance to reflect:
(a)  any water usage, and
(b)  any water traded to or from the account,
      between the dates of the first-mentioned meter reading and the appointed day.
Note. On the appointed day, the water allocation account will also be credited in accordance with any relevant available water determination made on that day.

Subdivision 6 Supplementary water access licence

84ZI   Application of Subdivision

This Subdivision applies to and in respect of the following entitlement with respect to water sources to which the Water Sharing Plan for the Belubula Regulated River Water Source 2012 applies:

70SL091143

84ZJ   Supplementary water access licence

(1)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 4 (4) of Schedule 10 to the Act:
  
(5)  This clause does not apply to the entitlement referred to in clause 84ZI of Schedule 4 to the Water Management (General) Regulation 2011.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following clause is taken to be inserted after clause 4 of Schedule 10 to the Act:
  

4A   Supplementary water access licence

The entitlement referred to in clause 84ZI of Schedule 4 to the Water Management (General) Regulation 2011 is taken to have been replaced by a supplementary water access licence.

84ZK   Water allocation

(1)  Pursuant to clause 1 of Schedule 9 to the Act, clause 25 of Schedule 10 to the Act is to be construed, in its application to the access licence arising from the entitlement referred to in clause 84ZI, as if clause 25 (1)–(4) were replaced by the following subclauses:
  
(1)  The balance of the water account for the entitlement referred to in clause 84ZI of Schedule 4 to the Water Management (General) Regulation 2011, as determined in accordance with subclause (2), is taken to be the balance, on the appointed day, of the water allocation account for the access licence arising from the entitlement.
(2)  The balance of the water account for the entitlement is to be determined by taking the balance of the water account based on the last meter reading before the appointed day and, based on the next meter reading and the best information then available to the Department, crediting or debiting that balance to reflect:
(a)  any water usage, and
(b)  any water traded to or from the account,
      between the dates of the first-mentioned meter reading and the appointed day.
Note. On the appointed day, the water allocation account will also be credited in accordance with any relevant available water determination made on that day.

Subdivision 7 Unregulated river (regulated supply) access licences

84ZL   Application of Subdivision

This Subdivision applies to and in respect of each of the entitlements with respect to water sources to which the Water Sharing Plan for the Macquarie Bogan Unregulated and Alluvial Water Sources 2012 applies that are referred to in Subdivision 3 of Division 9 of Part 4 of this Schedule.

84ZM   Entitlements for specified quantity of water

For the purposes of applying Schedule 10 to the Act in relation to an entitlement referred to in clause 84ZL, that entitlement is taken to have been, immediately before the appointed day, for a specified quantity of water equivalent to the quantity specified in Subdivision 3 of Division 9 of Part 4 of this Schedule with respect to that entitlement.

84ZN   Unregulated river (regulated supply) access licences

(1)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 4 (4) of Schedule 10 to the Act:
  
(5)  This clause does not apply to an entitlement referred to in clause 84ZL of Schedule 4 to the Water Management (General) Regulation 2011.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following clause is taken to be inserted after clause 4 of Schedule 10 to the Act:
  

4A   Unregulated river (regulated supply) access licences

An entitlement referred to in clause 84ZL of Schedule 4 to the Water Management (General) Regulation 2011 is taken to have been replaced by an unregulated river (regulated supply) access licence.
(3)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 5 (4) of Schedule 10 to the Act:
  
(5)  Subclause (1) does not apply to an entitlement referred to in clause 84ZL of Schedule 4 to the Water Management (General) Regulation 2011.

84ZO   Water allocations

(1)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 25 (5) of Schedule 10 to the Act:
  
(6)  This clause does not apply to the balance of the water allocation account for an access licence arising from an entitlement referred to in clause 84ZL of Schedule 4 to the Water Management (General) Regulation 2011.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following clause is taken to be inserted after clause 25 of Schedule 10 to the Act:
  

25A   Water allocations for unregulated river (regulated supply) access licences

On the appointed day, the balance of the water allocation account for an access licence arising from an entitlement referred to in clause 84ZL is taken to be zero.
Note. On the appointed day, the water allocation account will be credited in accordance with any relevant available water determination made on that day.

Subdivision 8 Access licences for domestic and stock water supply schemes

84ZP   Application of Subdivision

This Subdivision applies to and in respect of each of the following entitlements with respect to water sources to which the Water Sharing Plan for the Murrumbidgee Unregulated and Alluvial Water Sources 2012 applies:

40BL189392

40BL190875

 

84ZQ   More than one licence or approval may replace a single entitlement

Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 5 (4) of Schedule 10 to the Act:
  
(5)  To avoid doubt, subclause (3) does not apply to an entitlement referred to in clause 84ZP of Schedule 4 to the Water Management (General) Regulation 2011.

84ZR   Access licences and approvals not to arise from certain entitlements

Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 6 (2) of Schedule 10 to the Act:
  
(3)  This clause does not apply to an entitlement referred to in clause 84ZP of Schedule 4 to the Water Management (General) Regulation 2011.

84ZS   Water allocations

(1)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 25 (5) of Schedule 10 to the Act:
  
(6)  This clause does not apply to the balance of the water allocation account for an access licence arising from an entitlement referred to in clause 84ZP of Schedule 4 to the Water Management (General) Regulation 2011.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following clause is taken to be inserted after clause 25 of Schedule 10 to the Act:
  

25A   Water allocations for certain domestic and stock access licences

On the appointed day, the balance of the water allocation account for an access licence arising from an entitlement referred to in clause 84ZP is taken to be zero.
Note. On the appointed day, the water allocation account will be credited in accordance with any relevant available water determination made on that day.

Subdivision 9 Supplementary water (Lowbidgee) access licences

84ZT   Access licences arising in connection with Lowbidgee flood irrigation works

On 4 October 2012, there are taken to have arisen 3 supplementary water (Lowbidgee) access licences with respect to the Murrumbidgee Regulated River Water Source:
(a)  each co-held by the persons referred to in the table for the licence in Subdivision 4 of Division 9 of Part 4 of this Schedule (being landholders of land for which provision for flood irrigation existed under Part 3 of Chapter 5 of the Act immediately before its repeal) in the shares indicated in that table in relation to those persons, and
(b)  each with a share component (expressed in unit shares), and
(c)  each held on the terms and conditions referable to the licence that are imposed by the Water Sharing Plan for the Murrumbidgee Regulated River Water Source 2003.

84ZU   Conversion of share components of access licences

Clause 7 of Schedule 10 to the Act applies to and in respect of an access licence arising under this Subdivision in the same way as it applies to and in respect of an access licence arising under that Schedule.
Note. This clause enables the share component of an access licence under this Subdivision to be converted from a specified quantity of water to any other manner (such as a unit share) in which a share component may be expressed under section 56 of the Act.

84ZV   Notification and duration of access licences

Clauses 20 and 21 of Schedule 10 to the Act apply to and in respect of an access licence arising under this Subdivision in the same way as they apply to and in respect of an access licence arising under that Schedule.

84ZW   Nominated works

(1)  Each work referred to as a “Nominated work for licence” in the table in Subdivision 4 of Division 9 of Part 4 of this Schedule for an access licence arising under this Subdivision is taken to have been nominated under section 71W of the Act in relation to the licence.
(2)  Such a nomination may be withdrawn under section 71W of the Act in the same way as any other nomination under that section.

Subdivision 10 Access licences for certain entitlements for Barwon-Darling and Belubula Water Sources

84ZX   Application of Subdivision

This Subdivision applies to and in respect of each entitlement with respect to water sources to which the Water Sharing Plan for the Belubula Regulated River Water Source 2012 or the Water Sharing Plan for the Barwon-Darling Unregulated and Alluvial Water Sources 2012 applies that is not referred to in this Schedule.

84ZY   Water allocations

(1)  Pursuant to clause 1 of Schedule 9 to the Act, clause 25 of Schedule 10 to the Act is to be construed, in its application to an access licence arising from an entitlement referred to in clause 84ZX, as if clause 25 (1)–(4) were replaced by the following subclauses:
  
(1)  The balance of the water account for an entitlement referred to in clause 84ZX of Schedule 4 to the Water Management (General) Regulation 2011, as determined in accordance with subclause (2), is taken to be the balance, on the appointed day, of the water allocation account for the access licence arising from the entitlement.
(2)  The balance of the water account for an entitlement is to be determined by taking the balance of the water account based on the last meter reading before the appointed day and, based on the next meter reading and the best information then available to the Department, crediting or debiting that balance to reflect:
(a)  any water usage, and
(b)  any water traded to or from the account,
      between the dates of the first-mentioned meter reading and the appointed day.
Note. On the appointed day, the water allocation account will also be credited in accordance with any relevant available water determination made on that day.

Subdivision 11 Access licences for certain entitlements for Macquarie Bogan, Namoi and Murrumbidgee Water Sources

84ZZ   Application of Subdivision

This Subdivision applies to and in respect of each entitlement with respect to water sources to which the Water Sharing Plan for the Macquarie Bogan Unregulated and Alluvial Water Sources 2012, the Water Sharing Plan for the Murrumbidgee Unregulated and Alluvial Water Sources 2012 or the Water Sharing Plan for the Namoi Unregulated and Alluvial Water Sources 2012 applies that is not referred to in this Schedule.

84ZZA   Water allocations

(1)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 25 (5) of Schedule 10 to the Act:
  
(6)  This clause does not apply to the balance of the water allocation account for an access licence arising from an entitlement referred to in clause 84ZZ of Schedule 4 to the Water Management (General) Regulation 2011.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following clause is taken to be inserted after clause 25 of Schedule 10 to the Act:
  

25A   Water allocations for certain access licences for Macquarie Bogan, Namoi and Murrumbidgee Water Sources

On the appointed day, the balance of the water allocation account for an access licence arising from an entitlement referred to in clause 84ZZ is taken to be zero.
Note. On the appointed day, the water allocation account will be credited in accordance with any relevant available water determination made on that day.

Part 3 Particular provisions relating to approvals arising from former entitlements, and certain deemed approvals

Division 1 Approvals arising from certain former entitlements

85   Approvals arising from former entitlements under former 1912 Act

A section 18 entitlement or section 20B entitlement that, immediately before 1 July 2004, was in force under the former 1912 Act is taken to have been replaced:
(a)  to the extent to which it entitles any person or body to use a specified water management work, by a water management work approval held by that person or body in respect of that work (subject to such of the conditions of the entitlement, not inconsistent with any mandatory conditions referred to in clause 20 of Schedule 10 to the Act, as are applicable to an approval of that kind), and
(b)  to the extent to which it entitles any person or body to use water on any land, by a water use approval held by that person or body in respect of that land (subject to such of the conditions of the entitlement, not inconsistent with any mandatory conditions referred to in clause 20 of Schedule 10 to the Act, as are applicable to an approval of that kind).

Division 2 Approvals for certain water bores

86   Approvals for formerly unlicensed water bores in Great Artesian Basin

Any unlicensed water bore:
(a)  that was lawfully constructed before 1 July 2008, and
(b)  that, immediately before 1 July 2008, was not the subject of a licence under Part 5 of the former 1912 Act, and
(c)  that takes water from the Great Artesian Basin Groundwater Sources (identified in the Water Sharing Plan for the NSW Great Artesian Basin Groundwater Sources 2008),
is taken to be the subject of a water supply work approval granted on 1 July 2008.

Division 3 Approvals arising from former entitlements and associated provisions

87   Application of Division

This Division applies to and in respect of the following entitlements, unless otherwise expressly provided:
(a)  the entitlement under the former 1912 Act identified as Authority No 50SA006634,
(b)  each of the following entitlements under the former 1912 Act with respect to the Eagle Creek System:

50SL026144

50SL046199

50SL030154

50SA006508

50SL075269

50SA006641

50SL075674

50SL046192

50SA001283

50SL075099

50SL038668

50SL048121

50SL020732

50SA006517

50SL049279

50SL046196

50SL026155

50SL048123

50SL036266

50SL075606

50SL029701

50SL075130

50SL075681

50SL075599

50SL011890

50SL075723

50SL029733

50SL075596

50SL031227

50SL075709

50SL075556

50SL075605

50SL050268

50SL030670

50SL075075

50SL075598

50SL075682

50SL075245

50SL037750

50SL075603

50SL048134

50SL046865

50SL075135

50SL075604

50SL075279

50SL075049

50SL040224

50SL075597

50SL075280

50SL075675

50SL030468

50SL075595

50SL075278

50SA006638

50SL048536

50SL075601

50SL030317

50SL010011

50SL030488

50SL075602

50SL030318

50SL031520

50SL075625

50SA000909

50SL046193

50SL030682

50SL030547

50SA006631

50SL048124

50SL031754

50SL035376

50SL035463

50SL046195

50SL029622

50SL075134

50SL075724

50SA006640

50SL030050

50SA006509

 
(c)  each of the following entitlements under the former 1912 Act with respect to part of Bullatale Creek and part of Aluminy Creek:

50SL046388

50SL034226

50SL025392

50SL075677

50SL075257

50SL038127

50SL019921

50SL075678

50SL075258

50SL027003

50SL042729

50SL027820

50SL048507

50SL051137

50SL035975

 

50SL048142

50SL075728

50SL052032

 

50SL034208

50SL075727

50SL075337

 
(d)  the entitlement under the former 1912 Act identified as Licence No 60SL085520,
(e)  the entitlement under the former 1912 Act identified as Licence No 60SL038563.

88   Access licences and approvals arising from former entitlements

(1)  Despite any provision of Schedule 10 to the Act, nothing in that Schedule operates to replace an entitlement with an access licence.
(2)  However, an entitlement may be replaced by an approval in accordance with Schedule 10 to the Act.

89   Entitlements with no specified quantity of water to continue under former Acts

Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 9 (2) of Schedule 10 to the Act:
  
(3)  This clause does not apply to an entitlement referred to in clause 87 of Schedule 4 to the Water Management (General) Regulation 2011.

90   Water use approvals for joint schemes

(1)  This clause applies to the following entitlements:
(a)  the entitlement referred to in clause 87 (a) of this Division,
(b)  entitlements under the former 1912 Act identified as 50SA001283, 50SA006640, 50SA006641, 50SA006517, 50SA006638, 50SA006509, 50SA006508, 50SA000909 and 50SA006631.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, clause 18 of Schedule 10 to the Act is to be construed, in its application to an entitlement to which this clause applies, as if clause 18 (1) were replaced by the following subclause:
  
(1)  An entitlement that, immediately before the appointed day, was in force under Division 4 of Part 2 of the 1912 Act is taken to have expired on that day and been replaced, to the extent to which it entitles a person or body to use water on the land to which it relates, by separate water use approvals for each person or body who is so entitled to use water under the entitlement immediately before the appointed day.

91   Nominated works

Pursuant to clause 1 of Schedule 9 to the Act, clause 26 of Schedule 10 to the Act is to be construed, in its application to a replacement water supply work approval arising from an entitlement referred to in clause 87 (c) of this Division, as if clause 26 (1) were replaced by the following subclauses:
  
(1)  Subject to subclause (1A), each work specified in a replacement water supply work approval is taken to have been nominated under section 71W in relation to each of the access licences numbered 7753, 7754 and 7755.
(1A)  Each work specified in a replacement water supply work approval arising from the entitlements under the former 1912 Act identified as 50SL046388, 50SL075257 and 50SL075258 is taken to have been nominated under section 71W in relation to each of the access licences numbered 21457, 7753, 7754 and 7755.

Part 4 Particulars referred to in Part 2

Division 1 Supplementary access licence share components

Subdivision 1 Murrumbidgee (clause 8)

Column 1

Column 2

Water Act entitlement

Share component volume—(megalitres)

40SA810H

1129

40SA967H

297

40SL21181H

795

40SL23730H

639.5

40SL24994H

3,402

40SL29503H

639.5

40SL34102H

6,773

40SL36994H

2,000

40SL39533H

1510

40SL29207H

194

40SL34982H

649

40SL51045H

1672

40SA896H

3000

40GL000155

1322.5

40SA000596

37

40SA000696

672

40SA000758

957.5

40SA001470

46

40SA001484

852

40SA001485

280

40SA001957

706

40SA005502

286.5

40SA005508

1269.5

40SA005513

1269

40SA005532

196.5

40SA005534

102

40SA005538

280.5

40SA005539

113.5

40SA005568

196

40SA005571

11068.3

40SA005573

401.5

40SA005574

1202

40SA005576

9417.5

40SA005578

288

40SA005579

425.5

40SA005582

137.5

40SA005584

394

40SA005585

4003

40SA005589

1061

40SA005591

782.5

40SA005592

29.5

40SA005596

223.5

40SA005597

4419

40SA005601

89

40SA005603

6085

40SA005607

25

40SA005611

294

40SA005612

772.5

40SA005613

666

40SA005614

266.5

40SL005828

9.5

40SL008741

6

40SL013884

1.5

40SL016414

4

40SL017240

273.5

40SL018212

29.5

40SL019393

222.5

40SL020950

18

40SL021194

455

40SL023371

2

40SL023975

241

40SL024640

669.5

40SL025119

15

40SL025127

1

40SL027230

98.5

40SL027599

0.5

40SL027913

172.5

40SL028291

134

40SL028614

129.5

40SL029139

112.5

40SL029644

10.5

40SL029645

1.5

40SL029651

11.5

40SL029760

2

40SL029770

390

40SL030675

552

40SL031386

74

40SL031413

46.5

40SL034503

18.5

40SL035302

41

40SL036156

17

40SL036279

131

40SL036544

219

40SL038517

218

40SL038604

147.5

40SL038658

883.5

40SL038671

25

40SL040949

6

40SL040956

110.5

40SL041130

177.5

40SL041131

144.5

40SL041211

7.5

40SL042651

171

40SL043121

117.5

40SL043282

25.5

40SL043514

48

40SL044081

7.5

40SL044367

233

40SL044408

87.5

40SL045526

75.5

40SL046557

255.5

40SL046908

21

40SL047033

175.5

40SL047233

174

40SL047725

390

40SL048171

1.5

40SL048187

144.5

40SL048758

310

40SL048762

206

40SL049209

7.5

40SL049885

467

40SL050336

14.5

40SL050856

137

40SL051000

224

40SL051001

16

40SL051228

1152

40SL051371

102

40SL051460

5.5

40SL051844

10.5

40SL052075

14.5

40SL070000

186.5

40SL070004

68

40SL070046

180.5

40SL070053

167

40SL070054

16.5

40SL070081

2886

40SL070120

737

40SL070140

354.5

40SL070160

603

40SL070169

272

40SL070175

595

40SL070183

2491.5

40SL070186

93.5

40SL070204

7.5

40SL070219

29

40SL070882

10

40SL070273

1076

40SL070286

2.5

40SL070299

140

40SL070301

5

40SL070302

28

40SL070462

39.5

40SL070471

167.5

40SL070490

3

40SL070496

379

40SL070503

159.5

40SL070513

100

40SL070531

114

40SL070559

8.5

40SL070560

15.5

40SL070562

3

40SL070575

157

40SL070578

20.5

40SL070601

363.5

40SL070649

1049

40SL070670

2350

40SL070721

6143

40SL070728

108.5

40SL070730

7

40SL070733

116

40SL070748

106.5

40SL070749

41

40SL070780

257.5

40SL070784

847.5

40SL070796

37.5

40SL070797

0.5

40SL070810

2017

40SL070820

32

40SL070848

129

40SL070850

8

40SL070856

27

40SL070881

410

40SL070884

3

40SL070922

756

57SA001252

597.5

57SA001607

46.5

57SA007505

3220

57SA007508

96

57SA007509

17.5

57SA007511

1867

57SL039492

623

57SL040554

114

57SL040570

670

57SL040740

423.5

57SL041608

427

57SL041789

571

57SL042307

55.5

57SL042308

257

57SL042504

154

57SL044052

683.5

57SL045023

248.5

57SL046494

304.5

57SL047016

739

57SL047393

570.5

57SL047534

352.5

57SL048139

653.5

57SL049227

43

57SL049284

130

57SL049297

345

57SL049339

696.5

57SL050777

175.5

57SL051127

349

57SL051247

937.5

57SL080000

134

57SL080002

130

57SL080003

411

57SL080007

266

57SL080008

31

57SL080009

266.5

57SL080011

435.5

57SL080014

49

57SL080016

287.5

57SL080018

252

57SL080020

552.5

57SL080021

512

57SL080025

26

57SL080029

360.5

57SL080033

720

57SL080034

1450

40IC000004

25,995.5

40IC000005

37,414

Subdivision 2 Murray (clause 7)

Column 1

Column 2

Water Act entitlement

Share component volume—(megalitres)

50GL0000218

5060

50GL000217

521

50IC0000002

221704

50IT0000006

705

50IT0000007

722

50SA000475

33

50SA001328

223

50SA001407

313

50SA001462

66

50SA001516

6

50SA001616

71

50SA001881

976

50SA001882

383

50SA006534

108

50SA006545

142

50SA006556

72

50SA006625

30

50SA006580

154

50SA006582

439

50SA006587

205

50SA006599

20

50SA006606

216

50SL001956

17

50SL002807

418

50SL005692

336

50SL009493

299

50SL009721

88

50SL010115

53

50SL011344

35

50SL011650

47

50SL013889

40

50SL014403

45

50SL014977

27

50SL015231

4

50SL015243

195

50SL015571

8

50SL015946

3

50SL016321

1

50SL017280

165

50SL017870

56

50SL018749

165

50SL018883

155

50SL018934

4

50SL019363

65

50SL019964

37

50SL020150

101

50SL020490

23

50SL020553

81

50SL021217

64

50SL021578

23

50SL021625

14

50SL021787

37

50SL022068

77

50SL022992

2

50SL023124

18

50SL023685

36

50SL025418

113

50SL025600

40

50SL027029

8

50SL027147

82

50SL027292

3

50SL027372

111

50SL028828

32

50SL029108

10

50SL029205

27

50SL029515

7

50SL029626

29

50SL029804

39

50SL031197

44

50SL031274

90

50SL031770

29

50SL031783

269

50SL033071

279

50SL033164

124

50SL033368

179

50SL033369

374

50SL033836

98

50SL033967

25

50SL033968

38

50SL034118

37

50SL034254

51

50SL034519

2

50SL034631

170

50SL035071

147

50SL035904

35

50SL035961

48

50SL036309

180

50SL036757

14

50SL037050

2

50SL037491

28

50SL037503

258

50SL037540

156

50SL037902

183

50SL038046

8

50SL038048

24

50SL038230

12

50SL038516

3

50SL038520

3

50SL039358

201

50SL040128

68

50SL040804

33

50SL040918

80

50SL041183

14

50SL041185

249

50SL041292

25

50SL042972

156

50SL043090

5

50SL043997

4

50SL044004

276

50SL044005

399

50SL044275

42

50SL046385

27

50SL047353

15

50SL047354

92

50SL047390

111

50SL047543

93

50SL048149

172

50SL049246

368

50SL049259

10

50SL049270

38

50SL049422

107

50SL049834

140

50SL050449

112

50SL051028

49

50SL051029

43

50SL051048

105

50SL051158

250

50SL051220

104

50SL051625

27

50SL075094

71

50SL075112

65

50SL075137

20

50SL075151

166

50SL075201

287

50SL075226

66

50SL075429

61

50SL075226

66

50SL075248

171

50SL075265

438

50SL075275

352

50SL075292

15

50SL075321

1276

50SL075323

4

50SL075326

10

50SL075331

184

50SL075332

59

50SL075367

134

50SL075368

12

50SL075392

2

50SL075403

335

50SL075410

60

50SL075431

497

50SL075440

326

50SL075456

107

50SL075457

7

50SL075472

330

50SL075487

31

50SL075488

86

50SL075515

14

50SL075582

10

50SL075544

456

50SL075550

59

60IT000009

255

60SA008559

31

60SL034780

125

60SL043793

1

60SL045033

7

60SL085440

166

60SL048224

1239

60SL049934

83

60SL085024

161

60SL085118

92

60SL085129

56

60SL085247

99

60SL085276

186

60SL085302

11

60SL085425

50

50SL34922

54

50SL25758

15

50SL16515

75

50SL49742

49

50SL49743

49

50SL49803

21

50SL49249

59

50SL44218

149

50SL49988

25

50SL44392

149

50SL49800

75

50SL40717

149

50SL42147

156

50SL39082

50

50SL48504

161

50SL22045

174

50SL75000

31

50SL48526

149

50SL50973

149

50SL50974

149

50SL44243

61

50SL42471

149

50SL49239

74

50SL49252

40

50SL50153

149

50IC000002

221,704

Division 2 Unrecorded 1 July 2004 entitlements (clause 10)

Licence No

Licence No

Licence No

Licence No

Licence No

10SL033072

20SL060147

30SL066374

50SA00625

80SA010623

10SL035223

20SL060513

30SL066452

50SA006542

80SA010628

20PT910084

20SL060581

30SL066727

50SL011087

80SL018204

20PT910123

20SL060609

30SL066945

50SL017870

80SL034094

20PT910294

20SL060862

40SA000896H

50SL022424

80SL042121

20PT910306

20SL060966

40SA001957

50SL036309

80SL051821

20PT910612

20SL061020

40SA005535

50SL044005

80SL051933

20PT910721

20SL061054

40SA005573

50SL048132

80SL051957

20PT910968

20SL061146

40SA005584

50SL075116

80SL095017

20PT911027

20SL061230

40SA005606

50SL075582

80SL095035

20PT911029

20SL061258

40SA005611

50SL075621

80SL095265

20PT911034

20SL061316

40SA005618

57SL040493

90SA000941

20PT911043

20SL061374

40SL025182H

57SL080016

90SA001402

20PT911081

20SL061425

40SL027337

60SA000231

90SA002166H

20PT911093

20SL061426

40SL029672

60SA008558

90SA011551

20PT911232

30PT921450

40SL029715

60SL033440

90SA011607

20PT911413

30PT921498

40SL029934

60SL048204

90SA011691

20SA001341

30PT921530

40SL038621

60SL085247

90SA011728

20SL008819

30PT921549

40SL039350

60SL085389

90SA011731H

20SL016631

30SA004518

40SL041734

60SL085425

90SA011735

20SL024780

30SL029974

40SL042441

60SL085440

90SL014317

20SL026834

30SL065349

40SL047735

70SA009598

90SL022298

20SL029791

30SL065399

40SL048186

70SL023078

90SL023520

20SL032124

30SL065433

40SL070133

70SL034363

90SL026132

20SL033466

30SL065527

40SL070608

70SL034701

90SL030623

20SL034204

30SL065696

40SL070739

70SL040102

90SL034239

20SL036681

30SL065801

40SL070764

70SL049476

90SL034936

20SL037512

30SL065804

40SL070882

70SL091057

90SL037329

20SL038338

30SL065806

40SL070917

80SA000790H

90SL037401

20SL040349

30SL065811

40SL070958

80SA000962

90SL040871

20SL041469

30SL065875

40SL070959

80SA000982

90SL041724

20SL043894

30SL065897

50SA000207

80SA002149

90SL042200

20SL043950

30SL065978

50SA001406

80SA010538

90SL048581

20SL045304

30SL066083

50SA001874

80SA010581

90SL051364

20SL050288

30SL066260

50SA001881

80SA010605

90SL100420

20SL050687

    

Division 3 Replacement access licences for certain Part 5 entitlements (1 October 2006) (clause 11)

Column 1

Column 2

Column 3

Part 5 entitlement

Aquifer access licence

Supplementary access licence

Lower Gwydir Groundwater Source

90BL011171, 90BL150508, 90BL250343, 90BL253488

766

426

90BL119703, 90BL134721, 90BL134722, 90BL134723, 90BL136758, 90BL139305, 90BL248434, 90BL252051, 90BL252332

1250

868

90BL152823, 90BL152824, 90BL246126

546

306

90BL016165, 90BL249889

341

159

90BL133356, 90BL133359, 90BL143673, 90BL143674, 90BL150929, 90BL150930, 90BL252742

1056

732

90BL141404, 90BL249540, 90BL253195

487

305

90BL136369, 90BL136370, 90BL150147, 90BL150148, 90BL252853, 90BL253287

944

625

90BL130323

106

31

90BL150523, 90BL250034

289

4

90BL017250, 90BL118871, 90BL118872, 90BL118873

313

142

90BL127685, 90BL251449, 90BL251625, 90BL251765

1152

772

90BL011327, 90BL018746, 90BL116910, 90BL116911, 90BL138118, 90BL139617, 90BL139618, 90BL139619, 90BL151688, 90BL154435, 90BL249032, 90BL249033, 90BL249034

1175

782

90BL142685, 90BL247497, 90BL251065

639

366

90BL140975, 90BL246193, 90BL246194, 90BL249953

280

167

90BL136199, 90BL137066

144

39

90BL128022

76

 

90BL021375, 90BL021376, 90BL021377, 90BL021461, 90BL021462, 90BL023099, 90BL023100, 90BL031284

756

225

90BL010749, 90BL133355, 90BL150506, 90BL150512, 90BL150513, 90BL251817

201

92

90BL022741, 90BL134986, 90BL139833, 90BL249123

470

299

90BL153384, 90BL249633, 90BL249866

461

272

90BL018099, 90BL022154, 90BL110341, 90BL110342, 90BL119361, 90BL119362, 90BL119363, 90BL132980

932

600

90BL138114, 90BL154762

329

188

90BL253041

53

 

90BL021579, 90BL153751

84

 

90BL140266, 90BL248430, 90BL248782, 90BL250663

473

307

90BL015719, 90BL137330, 90BL246553

416

240

90BL151156, 90BL151580, 90BL246763

61

 

90BL136630, 90BL249543, 90BL249544

246

135

90BL012584, 90BL125386, 90BL137067, 90BL137068, 90BL137069, 90BL137070, 90BL152348, 90BL152441

1619

1141

90BL011261, 90BL016219, 90BL016220, 90BL017201, 90BL018745, 90BL023295, 90BL119575, 90BL119577, 90BL120223, 90BL120224, 90BL131856, 90BL136044, 90BL143029, 90BL143030, 90BL152179, 90BL152180, 90BL152575, 90BL252291

2207

1535

90BL145546, 90BL153305

509

327

90BL253014

470

292

90BL117836, 90BL119369, 90BL136672, 90BL248487, 90BL251066, 90BL251068

330

148

90BL126977, 90BL126978, 90BL248854

515

332

90BL152387

29

 

90BL130296

67

 

90BL150296

51

 

90BL023305, 90BL030183, 90BL133983

82

 

90BL023424, 90BL030547

62

 

90BL124184

51

 

90BL030190

19

 

90BL030236

163

83

90BL116784

51

 

90BL117059, 90BL248607

51

 

90BL122422

40

 

90BL134797

21

 

90BL152309

31

 

90BL138311

19

 

90BL252478

52

 

90BL133127

16

 

90BL253535

53

 

90BL128767

52

 

90BL019997, 90BL144654

17

 

90BL251981

45

 

90BL120493, 90BL249364

69

10

90BL132643

48

 

90BL123547

178

 

90BL132983

64

 

90BL012742, 90BL138117

162

 

90BL134197

47

 

90BL246805

51

 

90BL031508

15

 

90BL114651

27

 

90BL114931

51

 

90BL117361

19

 

90BL122429

76

 

90BL123551

52

 

90BL253292

51

 

90BL126671

19

 

90BL127388

50

 

90BL132736

33

 

90BL253472

424

246

90BL136365

79

21

90BL136366

53

 

90BL144146

53

 

90BL144695

11

 

90BL145088, 90BL145089, 90BL145090, 90BL145091

55

 

90BL150375

53

 

90BL150565

53

 

90BL151684

2

 

90BL151863

38

 

90BL151934

793

483

90BL152275, 90BL152276

53

 

90BL152350

53

 

90BL250258

79

21

90BL152562

18

 

90BL250365

134

 

90BL154867

48

 

90BL246661

19

 

90BL247523

19

 

90BL141178, 90BL250361

19

 

90BL110941

19

 

90BL118268

26

 

90BL246005

19

 

90BL246032

19

 

90BL246066

19

 

90BL246077

19

 

90BL246178

51

 

90BL246623

19

 

90BL246700

19

 

90BL140689

109

 

90BL246843

40

 

90BL141447

19

 

90BL252829

19

 

90BL247693

19

 

90BL018185

60

 

90BL022701

67

 

90BL246156

8

 

90BL017406, 90BL031080, 90BL031082, 90BL031083, 90BL031085, 90BL031089, 90BL031092, 90BL031093, 90BL031096, 90BL031097, 90BL031098, 90BL031099, 90BL031104, 90BL031106, 90BL031107, 90BL031109, 90BL031110, 90BL031112, 90BL132841, 90BL132843, 90BL132846, 90BL247831, 90BL247832, 90BL247833, 90BL247834, 90BL247835, 90BL247836, 90BL247837, 90BL247838, 90BL247839, 90BL247840, 90BL247841, 90BL247842, 90BL247843, 90BL247844, 90BL247845, 90BL247846, 90BL247847, 90BL247848, 90BL247849, 90BL247850, 90BL247941, 90BL247942, 90BL247943, 90BL247944, 90BL247945, 90BL247946, 90BL247949, 90BL247950, 90BL247951, 90BL247952, 90BL247953

197

 

90BL008448

3

 

90BL010897

54

 

90BL011732

53

 

90BL002596, 90BL012041

30

 

90BL011178, 90BL015213

54

 

90BL015563

51

 

90BL016126

58

 

90BL016151

54

 

90BL013616, 90BL016437

78

 

90BL017032

57

 

90BL017460

79

 

90BL017828

10

 

90BL018923, 90BL018994

62

 

90BL019374

53

 

90BL019793, 90BL021928

66

 

90BL118200

62

 

90BL118686

97

 

90BL124809, 90BL247703

15

 

90BL136669, 90BL136670, 90BL248034

98

32

90BL132173

22

 

90BL136762, 90BL155340, 90BL248045, 90BL248485, 90BL249906, 90BL252932

1246

799

90BL248123

19

 

90BL248124

12

 

90BL246643

6

 

90BL246387

19

 

90BL012110

21

 

90BL020872, 90BL248125

181

80

90BL021368

50

 

90BL016804, 90BL021748

157

 

90BL248429

6

 

90BL011218

51

 

90BL252646

19

 

90BL248547

19

 

90BL250617

19

 

90BL153464

19

 

90BL248671

19

 

90BL248910

12

 

90BL152457

32

 

90BL248734

19

 

90BL248909

19

 

90BL249250

19

 

90BL249124

19

 

90BL018395

69

 

90BL153698

4

 

90BL153750

8

 

90BL008075, 90BL009831, 90BL015040, 90BL018298

50

 

90BL017750, 90BL138098

318

195

90BL250251

193

103

90BL250289

53

 

90BL009410, 90BL251556

259

 

90BL015039

55

 

90BL012899

79

 

90BL247500

167

 

90BL010906

53

 

90BL010310

5

 

90BL010983

12

 

90BL017366

1

 

Lower Macquarie Groundwater Sources

80BL241001

694

 

80BL112845

5

 

80BL243164

234

 

80BL123514

204

 

80BL130131

199

6

80BL133869

52

 

80BL152474

20

 

80BL153372

2

 

80BL237935

1154

 

80BL118157, 80BL236966

1281

 

80BL124341, 80BL237079

1644

69

80BL126281

950

 

80BL236608

2382

319

80BL150857

56

 

80BL154393, 80BL236537, 80BL236856, 80BL242194

3196

507

80BL118944, 80BL237086

1229

 

80BL136835

95

 

80BL241217

471

 

80BL022539

236

 

80BL126280

70

 

80BL012837

59

 

80BL128713

7

 

80BL236808, 80BL239468, 80BL241584

1710

 

80BL236839

1168

 

80BL236614

181

 

80BL238828, 80BL241752

719

 

80BL236237

1493

244

80BL110454

25

 

80BL124000

144

23

80BL238097

1781

 

80BL001839, 80BL236809

1424

 

80BL236854

1867

 

80BL236873, 80BL242967

1459

 

80BL236581

1338

 

80BL236612

1257

 

80BL236748

3508

 

80BL237035

439

 

80BL236865

2635

 

80BL236973

897

 

80BL237354, 80BL239885

2015

 

80BL237398

894

 

80BL237399

867

 

80BL237402

732

 

80BL237388

781

 

80BL237855

370

 

80BL011910

183

 

80BL241215

161

 

80BL130988

68

13

80BL143018, 80BL143019

838

 

80BL145561

157

 

80BL155086, 80BL236187, 80BL236670, 80BL236904, 80BL237403

869

 

80BL236669

64

18

80BL130514

35

 

80BL006227, 80BL009151, 80BL236118

214

 

80BL106306, 80BL106309, 80BL236364

785

67

80BL237000, 80BL237001

1017

 

80BL241665

19

 

80BL236648, 80BL237020, 80BL237050, 80BL237051, 80BL238099, 80BL238100

1473

 

80BL236205, 80BL236421, 80BL236424, 80BL236618, 80BL236619

238

203

80BL236965

114

 

80BL236425

70

63

80BL236728

361

 

80BL239371

3

 

80BL236448

63

 

80BL236878, 80BL236879

1

 

80BL237534

532

 

80BL237537

204

 

80BL236813

901

 

80BL238962

81

32

80BL238347

1

 

80BL007260, 80BL007268

153

 

80BL007755

2

 

80BL236389, 80BL237763

1540

553

80BL237012

1146

279

80BL236701

1078

 

80BL236899

803

 

80BL236408

533

 

80BL238369

1

 

Lower Murrumbidgee Groundwater Sources

40BL019175

743

 

40BL021814, 40BL021815, 40BL021816, 40BL135531

1681

270

40BL186334

1702

283

40BL022993, 40BL125453, 40BL135320

3028

554

40BL118869, 40BL130711, 40BL131200, 40BL131201, 40BL132712, 40BL186511, 40BL188282, 40BL188759, 40BL189195, 40BL189739

9399

1554

40BL105350

100

 

40BL186703

1616

266

40BL108511, 40BL143642

1667

297

40BL108520, 40BL133075, 40BL138682

485

51

40BL109235, 40BL187467

1730

332

40BL145210, 40BL152623, 40BL187369

3131

601

40BL190820

1108

162

40BL106250

474

 

40BL186295, 40BL190019

2405

 

40BL111322

100

 

40BL114593

1857

 

40BL114799

559

34

40BL114819

100

 

40BL117360

774

48

40BL188720

2514

483

40BL189097

162

 

40BL117984

289

 

40BL119019

92

 

40BL119791

232

33

40BL121176

25

 

40BL133531, 40BL189977

2949

567

40BL122644, 40BL188616

1605

229

40BL123468

148

12

40BL122337, 40BL124054, 40BL186466, 40BL186608, 40BL186915

4806

777

40BL022358, 40BL190200

100

 

40BL124326, 40BL131357, 40BL137894, 40BL186274, 40BL186476, 40BL190506

6625

1273

40BL125107

176

 

40BL126256

25

 

40BL189070

100

 

40BL126507, 40BL186298, 40BL186382

2221

427

40BL126722

100

 

40BL130397

423

67

40BL130702, 40BL186908

1147

214

40BL130725

41

 

40BL130772

724

94

40BL188655

566

 

40BL131730

1416

204

40BL131866

263

16

40BL132958

900

129

40BL132975

352

57

40BL133530, 40BL142079

258

17

40BL133778

756

106

40BL133935, 40BL141189

5100

923

40BL188340

1673

271

40BL187335, 40BL190911

192

2

40BL190210

1505

289

40BL134886

1

 

40BL135108, 40BL187225, 40BL188370

3272

517

40BL135676

241

15

40BL186882, 40BL190151

1702

317

40BL119217, 40BL137731

1105

167

40BL138140, 40BL140863, 40BL186212, 40BL186587

6743

1249

40BL139415, 40BL190704

1573

302

40BL140744

2475

455

40BL188417

895

152

40BL141879, 40BL187901

1294

44

40BL190268

2516

474

40BL145650

892

147

40BL154085

32

 

40BL154434

233

24

40BL154638

1086

209

40BL155073

1467

270

40BL186019, 40BL186020, 40BL186190, 40BL186191, 40BL186192, 40BL186193, 40BL186324, 40BL186325, 40BL186560, 40BL186562

24682

4485

40BL186029

1361

207

40BL186032

818

136

40BL186037

655

120

40BL186083

870

143

40BL186142, 40BL186159

100

 

40BL186218

424

70

40BL186219

1303

250

40BL186226

695

116

40BL119208, 40BL186128, 40BL186229, 40BL187100, 40BL187101, 40BL188059, 40BL188060, 40BL188118, 40BL190747

9636

1427

40BL186232

577

19

40BL186236

488

60

40BL186073, 40BL186074, 40BL186075, 40BL186238, 40BL189063

11222

1918

40BL151287, 40BL186720

1961

377

40BL152608

339

 

40BL186022

882

169

40BL186050

459

80

40BL130929

465

89

40BL186285

279

 

40BL186286

680

89

40BL186268, 40BL186688

2472

421

40BL186277

1347

147

40BL186322

1910

349

40BL186323

1219

230

40BL188392

237

 

40BL186597, 40BL186599, 40BL188233, 40BL188234

6269

859

40BL186330

300

49

40BL186345

2039

320

40BL186440

1601

299

40BL186375

1642

286

40BL186490

15

 

40BL189749

2064

394

40BL186503, 40BL186504, 40BL186505, 40BL186506, 40BL186507

6029

1029

40BL186464

993

144

40BL186432

3037

579

40BL186501, 40BL186510

2617

484

40BL188055, 40BL188056, 40BL188117

3563

535

40BL120604, 40BL189300

1605

298

40BL186486, 40BL186487, 40BL187595, 40BL187596, 40BL187668, 40BL188656

7182

997

40BL186460

1039

198

40BL186554

636

112

40BL186539

302

50

40BL186535

635

112

40BL187254

681

124

40BL186545

407

76

40BL186611

529

85

40BL186610

648

115

40BL186543

395

72

40BL186536

150

12

40BL186537

938

170

40BL186620

1655

304

40BL186580, 40BL188023

3543

599

40BL186639

586

76

40BL186496, 40BL187899, 40BL187900

746

47

40BL186656

100

 

40BL186547

186

 

40BL186604

925

 

40BL186548

630

87

40BL186930

280

44

40BL186860

279

 

40BL186859

532

62

40BL186518

102

1

40BL189801

508

57

40BL186469

463

88

40BL186637

362

45

40BL186878

295

27

40BL187224

32

 

40BL187482

39

 

40BL189576

1028

 

40BL187581

375

68

40BL186261

18

 

40BL186255

19

 

40BL187705

657

99

40BL186230

744

103

40BL186527

4323

696

40BL186524

743

 

40BL188334

979

173

40BL187261

384

49

40BL188347

19

 

40BL188739

19

 

40BL186467

1405

270

40BL130445, 40BL155088, 40BL186239, 40BL188523

4004

760

40BL190261

100

 

40BL188361

111

 

50BL150121

1301

179

50BL196121, 50BL197187

2093

193

50BL196102, 50BL196791

3120

 

50BL196349

1333

217

50BL196431

574

48

50BL196448

1336

237

50BL196617

371

 

50BL197344, 50BL197747

423

 

50BL198114, 50BL198115, 50BL198117, 50BL198118, 50BL198119

10082

1800

50BL198150

1722

190

50BL198153, 50BL198156, 50BL198157

1925

250

50BL198183

635

88

50BL198188

1508

228

50BL198190

1091

209

50BL198191

738

105

50BL132855

743

 

50BL122832, 50BL198243

1319

149

50BL138079

666

 

50BL140942, 50BL198260

1857

 

50BL133856, 50BL198146

1197

154

50BL141965

1464

209

50BL199344

30

 

Division 4 Replacement access licences for Part 5 entitlements for the Lower Murray (1 November 2006) (clause 16)

Column 1

Column 2

Column 3

Part 5 entitlement

Aquifer access licence

Supplementary access licence

Lower Murray Groundwater Source

50BL198095

202

211

50BL150528, 50BL197258

524

472

50BL153307

11

 

50BL198145

15

 

50BL196261

20

 

50BL196002

553

310

50BL196097

537

398

50BL154858