Contents (2004 - 429)
Water Management (General) Regulation 2004
Status information

Part 1 Preliminary

1 Name of Regulation
2 Commencement
3 Definitions
4 Temporary extension of existing exemption
5 Pre-1999 existing works

Part 2 Management plans

6 Water sharing provisions
7 Amendment of Minister’s plans

Part 3 Access licences

Division 1 General

8 Categories of access licence
8A Specific purpose access licences
9 Priorities between different categories of access licence
10 Available water determinations
10A Publication of orders authorising the taking of water pursuant to supplementary water access licence
11 Applications generally
12 Matters to be included in Water Access Licence Register
13 Dealings on default
14 Cancellation of specific purpose access licences
15 Register of available water determinations
16 Water allocation accounts
17 Claims for compensation

Division 2 Exemptions

18 Exemption from requirement for access licence
19 Applications for specific purpose access licences
20 Granting of access licences
21 Security holder’s consent not required for certain dealings
21A Exemption from requirement for certain endorsement on dealings
21B Exemption from certain requirement concerning registration of security interests in replacement access licences

Division 3 Replacement water access licences (1 July 2004)

22 Gwydir
23 Hunter
24 Lower Darling
25 Lower Namoi
26 Macquarie and Cudgegong
27 Murray
28 Murrumbidgee
29 Miscellaneous
29AA Extension of time for registration of security interests

Division 4 Replacement access licences for certain Part 5 entitlements (1 October 2006)

29A Application of Division
29B New share components for existing Part 5 entitlements
29C Registration of security interests in replacement access licences
29D Entitlements held by 2 or more co-holders
29E Water allocations

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

29F Application of Division
29G New share components for existing Part 5 entitlements
29H Registration of security interests in replacement access licences
29I Entitlements held by 2 or more co-holders
29J Water allocations

Division 6 Replacement access licences for Part 5 entitlements for the Upper and Lower Namoi (1 November 2006)

29K Application of Division
29L New share components for existing Part 5 entitlements
29M Registration of security interests in replacement access licences
29N Entitlements held by 2 or more co-holders
29O Water allocations

Division 7 Replacement supplementary water access licences for Part 2 entitlements for the Paterson (1 July 2007)

29P Supplementary water access licences

Division 8 Replacement access licences for Part 5 entitlements for the Lower Lachlan (1 February 2008)

29Q Application of Division
29R New share components for existing Part 5 entitlements
29S Registration of security interests in replacement access licences
29T Entitlements held by 2 or more co-holders
29U Water allocations

Division 9 Replacement access licences for entitlements for Bellinger River Area and Great Artesian Basin (1 July 2008)

29V Application of Division
29W Registration of security interests in replacement access licences
29X Entitlements held by 2 or more co-holders

Division 10 Replacement access licences for entitlements for the NSW Border Rivers (1 July 2009)

29Y Application of Division
29Z Supplementary water access licences
29ZA Registration of security interests in replacement access licences
29ZB Entitlements held by 2 or more co-holders

Division 11 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

29ZC Application of Division

Subdivision 2 Access licences for tidal pool water sources

29ZD Definitions
29ZE Temporary exemption from requirements for certain access licences and approvals
29ZF Replacement access licences arising from confirmed history of water usage
29ZG Categories of replacement access licence
29ZH Share component for domestic and stock access licences
29ZI Share component for unregulated river access licences
29ZJ Conversion of share components of access licence

Subdivision 3 General

29ZK Registration of security interests in replacement access licences
29ZL Entitlements held by 2 or more co-holders

Division 12 Replacement access licences for entitlements for the Peel Valley Regulated, Unregulated, Alluvium and Fractured Rock Water Sources (1 July 2010)

29ZM Application of Division
29ZN Aquifer (general security) access licences
29ZO Registration of security interests in replacement access licences
29ZP Entitlements held by 2 or more co-holders

Division 13 Replacement access licences for entitlements for certain Murrah-Wallaga, Richmond, Towamba and Tweed River Water Sources (17 December 2010)

Subdivision 1 Preliminary

29ZQ Definitions

Subdivision 2 Access licences for tidal pool water sources

29ZR Temporary exemption from requirements for certain access licences and approvals
29ZS Replacement access licences arising from confirmed history of water usage
29ZT Categories of replacement access licence
29ZU Share component for domestic and stock access licences
29ZV Share component for unregulated river access licences
29ZW Conversion of share components of access licence

Subdivision 3 Security interests

29ZX Application of Subdivision
29ZY Registration of security interests in replacement access licences
29ZZ Entitlements held by 2 or more co-holders

Division 14 Replacement access licences for entitlements for certain Bega and Brogo Water Sources (1 April 2011)

Subdivision 1 Preliminary

29ZZA Definitions
29ZZB Application of Division

Subdivision 2 Access licences for tidal pool water sources

29ZZC Temporary exemption from requirements for certain access licences and approvals
29ZZD Replacement access licences arising from confirmed history of water usage
29ZZE Categories of replacement access licence
29ZZF Share component for domestic and stock access licences
29ZZG Share component for unregulated river access licences
29ZZH Conversion of share components of access licence

Subdivision 3 General

29ZZI Supplementary water access licences
29ZZJ Regulated river (high security) access licences
29ZZK Registration of security interests in replacement access licences
29ZZL Entitlements held by 2 or more co-holders

Division 15 Replacement access licences for entitlements for certain Greater Metropolitan Water Sources (1 July 2011)

Subdivision 1 Preliminary

29ZZN Definitions

Subdivision 2 Access licences for tidal pool water sources

29ZZO Temporary exemption from requirements for certain access licences and approvals
29ZZP Replacement access licences arising from confirmed history of water usage
29ZZQ Categories of replacement access licence
29ZZR Share component for domestic and stock access licences
29ZZS Share component for unregulated river access licences
29ZZT Conversion of share components of access licence

Subdivision 3 Security interests

29ZZU Application of Subdivision
29ZZV Registration of security interests in replacement access licences
29ZZW Entitlements held by 2 or more co-holders

Part 4 Approvals

Division 1 General

30 Definition of “aquifer interference activity”
31 Applications generally
32 Advertising of applications for approvals: section 92 (7)
33 Matters affecting consideration of applications: section 96
34 Procedure for making objection to granting of approval
35 Register of approvals
36 Security deposits
37 Access licences and approvals arising from former entitlements

Division 2 Exemptions

38 Exemption from requirement for water use approval
39 Exemption from requirement for water supply work approval
39A Exemption from requirement for controlled activity approval
40 Exemption from operation of section 106

Division 3 Approvals for formerly unlicensed water bores in the Great Artesian Basin

40A Unlicensed water bores in the Great Artesian Basin
40B (Renumbered as cl 21B)

Part 5 Fees and charges

41 Fees and charges

Part 6 Irrigation corporations

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

42 Applications to include land within area of operations: section 128
43 Objections to inclusion of land within area of operations: section 129

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

44 Applications to exclude land from area of operations: section 132
45 Objections to exclusion of land from area of operations: section 133

Part 7 Elections

Note

Division 1 Definitions

46 Definitions

Division 2 Division of private irrigation districts into zones

47 Division of private irrigation districts into zones

Division 3 Who is eligible to be elected at an election?

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 Who is entitled to vote in an election?

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 Who is the 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 8 Private drainage boards

Note

Division 1 Constitution and procedure

87 Quorum

Division 2 Finance

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

Part 9 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 10 Hunter Valley flood mitigation works

104 Statement of particulars of program of works
105 Statement of cost of maintenance and compensation

Part 11 Lowbidgee flood control and irrigation works

106 Payment of rates

Part 12 Penalty notices for certain offences

107 Penalty notice offences

Part 13 Miscellaneous

107A Exemption relating to taking over works—Anabranch Water
108 Transformation of water entitlements
108A Metering equipment installed by Ministerial Corporation
109 Savings and transitional provisions

 Schedule 1 Excluded works

 Schedule 2 Minister’s plans to be amended

 Schedule 3 Categories and subcategories of licences

 Schedule 4 Supplementary access licence share components

 Schedule 4AA Unrecorded 1 July 2004 entitlements

 Schedule 4A Replacement access licences for certain Part 5 entitlements (1 October 2006)

 Schedule 4B Replacement access licences for Part 5 entitlements for the Lower Murray (1 November 2006)

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

 Schedule 4D Replacement access licences for Part 5 entitlements for the Lower Lachlan (1 February 2008)

 Schedule 4E Replacement access licences for Part 2 or Part 5 entitlements for the Peel Valley (1 July 2010)

 Schedule 4F Replacement access licences for Part 2 or Part 5 entitlements for the Bega and Brogo Rivers (1 April 2011)

 Schedule 5 Forms

 Schedule 6 Penalty notice offences

 Schedule 7 Savings, transitional and other provisions

Historical notes