New South Wales Consolidated Regulations

WATER MANAGEMENT (GENERAL) REGULATION 2004 - REG 38

38 Exemption from requirement for water use approval

(1) A person is exempt from section 91A (1) of the Act in relation to the use of water for any of the following purposes:

(a) the use of water for a purpose for which a development consent is in force under the Environmental Planning and Assessment Act 1979 , other than the use of water for power generation by a major utility, or

(b) the use of water for road construction and road maintenance by a roads authority (within the meaning of the Roads Act 1993 ), or

(c) the use of water for drought relief, or

(d) the use of water for dust suppression, or

(e) the use of water taken from or by means of an excluded work, or

(f) the use of water for domestic consumption and stock watering, or

(g) the use of water for the purpose of prospecting or fossicking for minerals or petroleum under the Mining Act 1992 or the Petroleum (Onshore) Act 1991 , or

(h) the use of water for the purpose of operating a hydro-electric power station in connection with a water supply work owned by the Ministerial Corporation, or

(i) the use of water for hydrostatic testing of gas pipelines, or

(j) the use of water for Aboriginal cultural purposes, other than a use pursuant to an adaptive environmental water condition on an access licence (as referred to in section 8 (1) (b) of the Act).

(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 342 (1) of the Act in relation to the using of water from an aquifer if the water is used in accordance with an aquifer interference approval with respect to that activity.