New South Wales Consolidated Regulations

WATER MANAGEMENT (GENERAL) REGULATION 2004 - REG 39

39 Exemption from requirement for water supply work approval

(1) A person is exempt from section 91B (1) of the Act in relation to:

(a) the construction of an excluded work, or

(b) the construction of a dam or water bore to be used solely for the purpose of exercising domestic and stock rights in relation to a water source to which Part 3 of Chapter 3 of the Act does not apply, or

(c) the construction of a water supply work to be used solely for the purpose of prospecting or fossicking for minerals or petroleum under the Mining Act 1992 or the Petroleum (Onshore) Act 1991 , or

(d) the construction of a water pipe for use solely for conveying water from one place to another, or

(e) the construction of a water reticulation work on land the subject of a water use approval.

(2) Subclause (1) (c), (d) and (e) do not apply to a water supply work constructed on any of the following land:

(a) land declared to be critical habitat under Part 3 of the Threatened Species Conservation Act 1995 or Division 3 of Part 7A of the Fisheries Management Act 1994 , or

(b) land that is a heritage conservation area within the meaning of an environmental planning instrument that applies to the land under the Environmental Planning and Assessment Act 1979 ,

(c) land that is an Aboriginal place within the meaning of the National Parks and Wildlife Act 1974 ,

(d) land that is reserved for any purpose under the National Parks and Wildlife Act 1974 ,

(e) land the subject of a conservation agreement in force under section 69B of the National Parks and Wildlife Act 1974 ,

(f) land the subject of a property agreement in force under section 40 of the Native Vegetation Conservation Act 1997 ,

(g) land within a State forest within the meaning of the Forestry Act 1916 ,

(h) land to which State Environmental Planning Policy No 14-Coastal Wetlands applies,

(i) land to which State Environmental Planning Policy No 26-Littoral Rainforests applies,

(j) waterfront land.

(3) A person is exempt from section 91B (1) of the Act in relation to the use of:

(a) any excluded work, or

(b) a dam or water bore used solely for the purpose of exercising domestic and stock rights in relation to a water source to which Part 3 of Chapter 3 of the Act does not apply, or

(c) any water supply work used solely for the purpose of prospecting or fossicking for minerals or petroleum under the Mining Act 1992 or the Petroleum (Onshore) Act 1991 , or

(d) any water pipe used solely for conveying water from one place to another, or

(e) any water reticulation work that is situated on land the subject of a water use approval, or

(f) any water storage work, water reticulation work or water impounding work that was in use before 1 July 2004 in relation to water taken pursuant to an entitlement or pursuant to (the previously repealed) section 7 (7) of the former 1912 Act, or

(g) any hydro-electric power station that is operated in connection with a water supply work owned by the Ministerial Corporation.

(4) 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 91B (1) of the Act in relation to the construction or use of a water management work for the purpose of taking and using water from an aquifer if the water is taken and used in accordance with an aquifer interference approval with respect to that activity.

(5) In this clause, "water reticulation work" means a work (such as a water pipe or irrigation channel) that is constructed or used for the purpose of conveying water to the point at which it is to be used (including a reticulated system of such works and all associated pipes, sluices, valves and equipment), but does not include:

(a) any work that receives water from a water supply work under the control or management of the Sydney Water Corporation, the Hunter Water Corporation or a local water utility, or

(b) any work that is also a flood work.