Water Management (General) Regulation 2018 (2018-480) (NSW)

Water Management (General) Regulation 2018

Part 1 Preliminary

1 Name of Regulation This Regulation is the Water Management (General) Regulation 2018.

2 Commencement This Regulation commences on 24 August 2018 and is required to be published on the NSW legislation website.

Note. This Regulation repeals and replaces the Water Management (General) Regulation 2011 which would otherwise be repealed on 1 September 2018 by section 10(2) of the Subordinate Legislation Act 1989.

3 Definitions (1) In this Regulation— approved manner means the manner approved by the Minister and notified on— (a) the Department's website, or (b) a publicly available website maintained by WaterNSW and approved by the Minister. business day means a day other than a Saturday, a Sunday or a public holiday throughout New South Wales. converted floodplain management plan means a floodplain management plan adopted under section 166A of the former 1912 Act that, by operation of clause 13 of Schedule 9 to the Act, is taken to be a Minister's plan made under the Act in relation to floodplain management. Department means the Department of Industry. Department's website means a publicly available website maintained by the Department. domestic consumption has the same meaning as it has in section 52 of the Act. emergency event means— (a) a sudden natural event, including a storm, flood, tree fall, bush fire, land slip or coastal inundation, or (b) a sudden ingress of water, into an excavation site, that is not— (i) foreseen, or (ii) a result of inadequate planning or assessment or the use of unsuitable materials or methods, or (c) an accident, or (d) an actual or imminent failure of infrastructure or equipment, including a rupture or breakage of piping infrastructure caused by natural ground movements, or (e) an unlawful act resulting in damage, including vandalism, arson or pollution. emergency works means works carried out urgently, as a direct result of an emergency event, to remove groundwater or overland flow water for the purpose of reducing a significant risk to— (a) public health and safety, or (b) the environment, including groundwater systems, or (c) infrastructure or the construction of infrastructure. 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. entity stakeholder means— (a) a member of a private water entity, or (b) a landholder to whom the entity provides services, or (c) a person with whom the entity enters into an agreement under the Act, section 151 or 231. 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 the conditions of a development consent under Part 4, of an approved project under Part 3A or of an approval under Division 5.2 of Part 5, 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 2014, or (e) constructed and operated only by the Ministerial Corporation. hydroline spatial data means the Water Management (General) Regulation 2018 hydroline spatial data published by the Department on the Department's website. 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 specified in the hydroline spatial data, and (ii) that is identified as a first or second order stream, or part of such a stream, as determined in accordance with the system set out in Schedule 2, and (iii) that does not maintain a permanent flow of water, being a visible flow that occurs on a continuous basis, or would so occur if there were no artificial abstractions of water or obstruction of flows upstream, and (iv) that does not at any time carry flows emanating from a third or higher order stream as determined in accordance with the system set out in Schedule 2, or (b) any stream or part of a stream the location of which is not specified in the hydroline spatial data. For the purposes of paragraphs (a)(i) and (b), a stream is specified in the hydroline spatial data if it is identified as a watercourse (however described) in accordance with the legend or terms of that data. Natural Resources Access Regulator means the body constituted by section 4 of the Natural Resources Access Regulator Act 2017. private water entity means— (a) a private water corporation, or (b) a private water trust. stock watering has the same meaning as in section 52 of the Act. the Act means the Water Management Act 2000. the former 1912 Act means the Water Act 1912. 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.