Aquifer interference regulation
A new interim aquifer interference regulation in NSW took effect on 30 June 2011. This regulation requires new mining and petroleum exploration activities that take more than three megalitres per year from groundwater sources to hold a water access licence. This reform is an important step towards ensuring equitable sharing of groundwater amongst all water users.
The Regulation is available on the NSW legislation website – under week commencing 27 June > Regulations and other statutory instruments > Water Management (General) Amendment (Aquifer Interference) Regulation 2011 (PDF 180 KB).
Aquifer interference policy - have your say
A Draft NSW Aquifer Interference Policy (PDF 241 KB) has been developed by the NSW Office of Water as a component of the NSW Government's Strategic Regional Land Use Policy. The Strategic Regional Land Use Policy aims to strike the right balance between our important agricultural, mining and energy sectors, while ensuring the protection of high value conservation lands.
The Draft NSW Aquifer Interference Policy was on public exhibition from Thursday 8 March to Thursday 3 May 2012. Late submissions will be accepted for an additional two weeks to ensure that all members of the public and interested stakeholders have the opportunity to have their say. The draft policy and details of the public exhibition process can be found at www.haveyoursay.nsw.gov.au/regionallanduse. Following this consultation with the community, the policy will be finalised and new regulations made. The final NSW Aquifer Interference Policy will be applied state wide to clarify water licence and approval requirements for aquifer interference activities.
More information
Reform of joint private works - Water Management Amendment Act 2010
Legislative amendments to the Water Management Act 2000 were passed by the NSW Parliament in late 2010. The Water Management Amendment Act 2010, which partially commenced on 17 December 2010, made minor changes to the existing policies and administration requirements of Private Irrigation Districts (PIDs) and Private Water Trusts (Trusts), enabling them to take the first steps in complying with the obligations imposed upon them by the Commonwealth Market Rules under the Water Act 2007 (Cth).
The changes in the powers of PIDs and Trusts are to be commenced in two stages.
Stage 1 amendments which inserted ss190A and 190B in relation to PIDs, and ss237A and 237B in relation to Trusts, into the Water Management Act have now commenced. Under these provisions a member may, in writing, request that PIDs or Trusts determine their individual water access entitlement. This is a necessary first step to transforming their entitlement to water from an irrigation right against an operator into an independently held water access entitlement.
Stage 2 amendments contain more significant reforms to the governance structures for PIDs and Trusts and propose to remove unnecessary regulation and give operators of joint private works flexibility to reconfigure their water delivery systems and invest in new infrastructure to reduce water losses. They will not commence until further consultation with stakeholders.
For more information read the fact sheet Transforming water entitlements by Private Irrigation Districts or Private Water Trusts (PDF 623 KB)
For information on the original reform proposals go to Reform of joint private works – Discussion paper (PDF 135 KB) which was published for a targeted consultation on the proposed reforms.
The Water Management (General) Regulation 2011
The Water Management (General) Regulation 2011 commenced on 1 September 2011, following targeted consultation and public exhibition of the draft Regulation and regulatory impact statement.
Submissions were provided by a range of stakeholders during the public exhibition period.
The Water Management (General) Regulation 2011 supersedes two former Regulations with some amendments: the Water Management (General) Regulation 2004 and the Water Management (Water Supply Authorities) Regulation 2004.
The new Regulation makes provision with respect to:
- access licences (Part 2) and approvals (Part 3) (including exemptions from the requirement to hold access licences and approvals)
- Irrigation Corporations' areas of operations (Part 4)
- election of members of private irrigation boards, private drainage boards and private water trusts and constitution and procedures (Parts 5, 6 and 7)
- public works in the Hunter Valley and Lowbidgee district (Part 8)
- water supply authorities (Part 9)
- miscellaneous matters including management plans, fees and charges, penalty notice offences, transformation of water entitlements, metering equipment and savings, transitional and other matters (Part 10).
What has changed?
The Regulation incorporates the following key changes:
- exemptions - changes have been made to ensure better consistency across exemptions, to clarify the parameters of existing exemptions, to create two new exemptions that will require the Minister's approval and to introduce some new exemptions to reduce red tape
- amnesty for pre-1999 unlicensed works - the amnesty for pre-1999 unlicensed works will expire on 31 December 2011. Applications for approvals and licences lodged before 31 December will be processed under the amnesty provisions, providing there is proof with the application that the structure or activity was being undertaken prior to 1 January 1999
- administrative improvements - various administrative improvements, including new provisions for the electronic lodgement of applications for licences, approvals and objections, to provide for faster and simpler transactions for the public
- advertising requirements - water supply works that are to be used for a period of not more than six months for certain prescribed purposes (instead of the previous period of three months) do not need to be advertised
- domestic and stock activities - activities that are exempt with respect to domestic and stock rights are now specifically defined within the regulation.
More information
View or download the following documents for more information on this Regulation: