The NSW Office of Water has released a draft Water Management (General) Regulation 2011 for public comment.

 

The Water Management Act 2000 (the Act) establishes a framework for sustainable water management in NSW. Section 400 of the Act enables the making of regulations to support implementation. Two current regulations are the Water Management (General) Regulation 2004 and the Water Management (Water Supply Authorities) Regulation 2004. These regulations will be repealed on 1 September 2011 in accordance with the Subordinate Legislation Act 1989.

 

The following three options have been considered:


Option 1 (the base case) – allow the Water Management (General) Regulation 2004 and Water Management (Water Supply Authorities) Regulation 2004 to lapse (note: the Water Management Act 2000, the Water Act 1912, the water sharing plans and other statutory orders would remain in force).


Option 2 – reinstate the Water Management (General) Regulation and the Water Management (Water Supply Authorities) Regulation with no change.


Option 3 – reinstate and amalgamate the Water Management (General) Regulation and the Water Management (Water Supply Authorities) Regulation with amended provisions.

 

Option 3, preferred by the NSW Office of Water, would retain the Water Management (General) Regulation and Water Management (Water Supply Authorities) Regulation with amendments that:

  • consolidate the two regulations into a single, Water Management (General) Regulation 2011
  • remove the amnesty for pre-1999 works – being the provisions under which works and water use associated with the diversion of surface water which, before the commencement of the Act, did not require approval under prior legislation
  • provide the Minister with powers to allow water to be made available for emergency environmental requirements and critical human requirements
  • clarify and amend previously existing exemptions from the need to hold water access licences
  • clarify and amend previously existing exemptions from the need to hold water supply work, water use and controlled activity approvals
  • remove duplication of government processes
  • make application processes more efficient
  • improve transparency by making information more readily available to the public.

 

The closing date for submissions is Wednesday 20 July 2011.

 

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