New South Wales Consolidated Regulations

WATER MANAGEMENT (GENERAL) REGULATION 2004 - REG 18

18 Exemption from requirement for access licence

(1) The following persons are exempt from sections 60A (1) and (2), 60C (1)-(4) and 60D of the Act in relation to the taking of water from a water source:

(a) a roads authority (within the meaning of the Roads Act 1993 ), in relation to water required for road construction and road maintenance,

(b) any person lawfully engaged in the carriage of water for use for drought relief, in relation to water required for that purpose,

(c) any person lawfully engaged in the use of water for dust suppression,

(d) any person lawfully engaged in the hydrostatic testing of gas pipelines, in relation to water required for that purpose,

(e) any person lawfully engaged in prospecting or fossicking for minerals or petroleum under the Mining Act 1992 or the Petroleum (Onshore) Act 1991 , in relation to water required for that purpose,

(f) any landholder, in relation to water required for the purpose of generating electricity for use for domestic consumption on that land (but only if the water is returned to the water source from which it was taken),

(g) any person lawfully engaged in the testing of a bore, in relation to water used for that purpose during the week following completion of the bore’s construction,

(h) any person lawfully engaged in the operation of a hydro-electric power station in connection with a water supply work owned by the Ministerial Corporation,

(i) all persons, in relation to the taking of water from or by means of an excluded work.

Note: The use of a water supply work for the purpose of taking any such water may still require a water supply work approval under Part 3 of Chapter 3 of the Act.

(1A) A person exempted under subclause (1) is also exempted from any mandatory conditions relating to access licences that are imposed on a water supply work approval.

(2) A person who is engaged in an aquifer interference activity in connection with the mining or extraction of any material is exempt from the operation of section 341 (1) of the Act in relation to the taking of water from an aquifer if the water is taken in accordance with an aquifer interference approval with respect to that activity.