New South Wales Consolidated Regulations

WATER MANAGEMENT (GENERAL) REGULATION 2004 - REG 3

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.

"authorised area", in relation to an entitlement, means the authorised area specified in the entitlement.
"commercial activities" means activities within the following categories recognised in the Australian and New Zealand Standard Industry Classification (ANZSIC), 1993 edition (Australian Bureau of Statistics publication, Catalogue No 1292.0):

(a) construction (category E),

(b) wholesale trade (category F),

(c) retail trade (category G),

(d) accommodation, cafes and restaurants (category H),

(e) communication services (category J),

(f) finance and insurance (category K),

(g) property and business services (category L),

(h) government administration and defence (category M),

(i) education (category N),

(j) health and community services (category O),

(k) cultural and recreational services (category P),

(l) personal and other services (category Q).

Note: This definition replicates the definition of "associated commercial activities" in section 66 (3A) of the Act.

"domestic consumption", in relation to land, means consumption for normal household purposes in domestic premises situated on the land.

Note: This definition replicates the definition of "domestic consumption" in section 52 (3) of the Act.

"entitlement" means:

(a) a licence, permit, authority, irrigation corporation licence or group licence referred to in Part 2 of the former 1912 Act, or

(b) a right to take and use water referred to in section 38B of the former 1912 Act, or

(c) a licence referred to in Part 5 of the former 1912 Act, or

(d) an approval referred to in Part 8 of the former 1912 Act, or

(e) a water management licence under Part 9 of the former 1912 Act, or

(f) a permit under Part 3A of the former 1948 Act, or

(g) an irrigation corporation licence under the former 1994 Act, or

(h) any power under section 12 of the Water Administration Act 1986 or section 8 of the former 1912 Act that, immediately before the appointed day, was exercisable by any person pursuant to an agreement between that person and the Ministerial Corporation, or

(i) any right to take water from an unlicensed bore (being a bore constructed as referred to in section 112 (1) (b) of the former 1912 Act) that was in force immediately before the appointed day, or

(j) any arrangement that, immediately before 1 July 2004, was in force between a local council and the Ministerial Corporation, or

(k) any other right, interest, privilege, permission or authority that is declared by this Regulation to be an entitlement for the purposes of this clause.

Note: This definition replicates the definition of "entitlement" in clause 2 of Schedule 10 to the Act.

"excluded work" means a work referred to in Schedule 1.
"general security entitlement" means an entitlement that, 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 or regulated river (general security-B class) 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.
"stock watering", in relation to land, means the watering of stock animals being raised on the land, but does not include the use of water in connection with the raising of stock animals on an intensive commercial basis that are housed or kept in feedlots or buildings for all (or a substantial part) of the period during which the stock animals are being raised.

Note: This definition replicates the definition of "stock watering" 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 11 of the Water Management (Irrigation Corporations) Savings and Transitional Regulation 1995 .
"water year" means a year commencing 1 July.

(2) For the purposes of paragraph (k) of the definition of "entitlement" in clause 2 of Schedule 10 to the Act, any arrangement that, immediately before 1 July 2004, was in force between a local council and the Ministerial Corporation is declared to be an entitlement for the purposes of that clause.

(3) Notes and examples in the text of this Regulation do not form part of this Regulation.