New South Wales Consolidated Regulations

WATER MANAGEMENT (GENERAL) REGULATION 2004 - REG 32

32 Advertising of applications for approvals: section 92 (7)

(1) The following classes of applications are to be advertised, as referred to in section 92 (7) of the Act:

(a) applications for water supply work approvals for:

(i) works for the taking of water from a river, or

(ii) bores for the taking of water, other than bores used solely for taking water in accordance with a person’s basic landholder rights, or

(iii) works (such as weirs) that have the effect of impounding water in a water source, or

(iv) works (such as tanks and dams) that are constructed or used for the purpose of capturing rainwater run-off,

(b) applications for water use approvals for irrigation,

(c) applications whose advertising is required by any relevant management plan.

(2) An application referred to in subclause (1) (a) does not have to be advertised (unless so required by a management plan referred to in subclause (1) (c)) if the water supply work concerned is to be used:

(a) for a period of not more than 3 months, and

(b) for one of the following purposes:

(i) road construction or road maintenance by a roads authority (within the meaning of the Roads Act 1993 ), or

(ii) drought relief, or

(iii) dust suppression, or

(iv) prospecting or fossicking for minerals or petroleum under the Mining Act 1992 or the Petroleum (Onshore) Act 1991 , or

(v) hydrostatic testing of gas pipelines.

(2A) An application referred to in subclause (1) (a) (i) does not have to be advertised (unless so required by a management plan referred to in subclause (1) (c)) if the water supply work concerned is to be used solely for taking or using water pursuant to a replacement access licence arising under Division 11 of Part 3.

(2B) An application referred to in subclause (1) (b) does not have to be advertised (unless so required by a management plan referred to in subclause 1 (c)) if the land to which the application relates is land in respect of which a replacement access licence has arisen under Division 11 of Part 3.

(3) An application for an approval must be advertised by the Minister by means of a notice published:

(a) in a local newspaper, and

(b) in a newspaper circulating among such Aboriginal communities as could be affected by the granting of such an approval, and

(c) on the Department’s internet website.

(4) The notice must contain the following information:

(a) the name of the applicant,

(b) the type of approval to which the application relates,

(c) particulars indicating the location to which the application relates,

(d) in the case of a water supply work approval, the capacity of the work and the water source and stream from which the work is proposed to take water,

(e) in the case of a water use approval, the purpose for which water is to be used under the approval,

(f) the form in which any objection against the application should be made for the purposes of section 93 of the Act,

(g) the address to which, and the time by which, any such objection should be made,

(h) the name and contact details for the relevant Departmental officer.