New South Wales Consolidated Regulations

WATER MANAGEMENT (GENERAL) REGULATION 2004

- Made under the Water Management Act 2000
- As at 27 June 2008
- Reg 429 of 2004

TABLE OF PROVISIONS

   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
   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

   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 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)

   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.    Repeals
   109.    Savings and transitional provisions
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 4AA
           SCHEDULE 4A
           SCHEDULE 4B
           SCHEDULE 4C
           SCHEDULE 4D
           SCHEDULE 5
           SCHEDULE 6
           SCHEDULE 7