New South Wales Consolidated Regulations

WATER MANAGEMENT (GENERAL) REGULATION 2004 - REG 5

5 Pre-1999 existing works

(1) This clause applies to the following kinds of water supply work whose construction had been completed before 1 January 1999 ( "pre-1999 existing works"):

(a) impounding works that exceed the maximum capacity allowed by any relevant order in force under section 54 of the Act,

(b) dams and other works on rivers or lakes:

(i) constructed for landholders by a government agency, or

(ii) constructed by landholders with the approval of a government agency, or

(iii) constructed by landholders, where the works did not require a licence under Part 2 of the former 1912 Act under the then Government policy,

other than dams or other works that are also flood works,

(c) works taking water, at a rate of not more than 5 megalitres per year, from rivers for the purposes of farming, washdowns, fruit and vegetable spraying or washing, or livestock shed cooling,

(d) works previously exempted from the operation of Part 2 of the former 1912 Act by section 7 (1) of the Hunter Valley Flood Mitigation Act 1956 .

(2) Clause 32 does not apply so as to require an application for a water supply work approval for a pre-1999 existing work to be advertised as referred to in section 92 of the Act.

(3) Section 94 of the Act does not apply so as to require:

(a) an application for a water supply work approval for a pre-1999 existing work to be referred to a Commission of Inquiry, or

(b) a decision on such an application to be made having regard to a Commission of Inquiry’s report into the application.

(4) For the purposes of section 112 (1) (d) of the Act, an application for a water supply work approval for a pre-1999 existing work is prescribed as an application to which an embargo under section 110 or 111 of the Act does not apply.

(5) Despite section 61 (1) (a) of the Act, the owner of a pre-1999 existing work may apply to the Minister for any category or subcategory of access licence for water taken by means of that work.