Water Amendment Regulation 2012 (No. 1)1

Select Legislative Instrument 2012 No. 68

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Water Act 2007.

Dated 10 May 2012

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

TONY BURKE

Minister for Sustainability, Environment, Water, Population and Communities

Contents

 1 Name of regulation

 2 Commencement

 3 Amendment of Water Regulations 2008

Schedule 1 Amendments to commence on the day after registration

Schedule 2 Amendments to commence on 5 July 2012

Schedule 3 Amendments to commence on the day notified by the Minister in the Gazette

1 Name of regulation

  This regulation is the Water Amendment Regulation 2012 (No. 1).

2 Commencement

  This regulation commences as follows:

 (a) on the day after it is registered—sections 1 to 3 and Schedule 1;

 (b) on 5 July 2012—Schedule 2;

 (c) on a day notified by the Minister in the Gazette for the purposes of this paragraph—Schedule 3.

3 Amendment of Water Regulations 2008

  Schedules 1, 2 and 3 amend the Water Regulations 2008.

Schedule 1 Amendments to commence on the day after registration

(section 3)

[1] After Part 1A

insert

Part 2 Management of Basin water resources

Division 2.1 Basin plan

2.01 Snowy water licence variations

 (1) For subsection 21 (7) of the Act, the following variations of the Snowy water licence are prescribed:

 (a) the variation issued by the Commissioner of the NSW Office of Water for the Water Administration Ministerial Corporation on 29 April 2010;

 (b) the variation issued by the NSW Minister for Primary Industries for the Water Administration Ministerial Corporation on 4 October 2011.

Note 1   Subsection 21 (6) of the Act provides that the Basin plan must not be inconsistent with the provisions of the Snowy water licence.

Note 2   Subsection 21 (7) of the Act provides that a variation of the Snowy water licence is to be disregarded unless the variation is prescribed by the regulations.

Note 3   The variations are available at www.water.nsw.gov.au.

 (2) In this regulation:

Snowy water licence means the licence issued under section 22 of the Snowy Hydro Corporatisation Act 1997 of New South Wales.

[2] After Part 10A

insert

Part 11 Other transitional matters

11.01 Transitional water resource plans—Victoria

  For paragraph 241 (1) (b) of the Act, each plan mentioned in Schedule 4:

 (a) is a transitional water resource plan for the water resource plan area in Victoria mentioned for the plan in the Schedule; and

 (b) ceases to have effect on the day mentioned in the Schedule for the plan.

[3] After Schedule 3

insert

Schedule 4 Transitional water resource plans—Victoria

(regulation 11.01)

Part 1 Definition

  In this Schedule:

all water resource plan areas means all of the following water resource plan areas:

 (a) Broken;

 (b) Campaspe;

 (c) Goulburn;

 (d) Kiewa;

 (e) Loddon;

 (f) Ovens;

 (g) Victorian Murray;

 (h) Wimmera-Mallee.

Part 2 Transitional water resource plans—Victoria

Schedule 2 Amendments to commence on 5 July 2012

(section 3)

[1] Subregulation 1.03 (1)

insert

category, in relation to water information, means a category of water information specified in regulation 7.03.

grace period, in relation to a person who, on or after 5 July 2012, is specified as a person in a category mentioned in an item of the table in subregulation 7.04 (1), means the period:

 (a) beginning on the day the person is specified as such a person; and

 (b) ending 3 months after that day.

[2] Subregulation 1.03 (1), definition of major storage

omit

[3] Subregulation 1.03 (1)

insert

subcategory, in relation to water information, means a subcategory of water information specified in regulation 7.03 and Schedule 3

[4] Subregulation 1.03 (1), definition of water restrictions

omit

[5] Regulation 1.04, heading

substitute

1.04 Interpretation—periods of time

[6] Subregulation 1.04 (4) and (5)

substitute

 (4) A reference to a year in these Regulations is to a financial year.

[7] Subregulations 1.06 (1) and (2)

omit

http://www.bom.gov.au/water

insert

www.bom.gov.au/water/regulations

[8] After subregulation 1.06 (2)

insert

 (3) A reference in these Regulations to the document titled Metadata and contextual information requirements is a reference to the document by that name published from time to time by the Bureau and available at www.bom.gov.au/water/regulations.

[9] Part 7

substitute

Part 7 Water information

Division 7.1 Purposes, persons and water information

7.01 Purposes of Part

  For section 126 of the Act, this Part specifies:

 (a) the persons, or classes of persons, who must give a copy of water information to the Bureau; and

 (b) the water information that must be given; and

 (c) the time within which the copy must be given; and

 (d) the form and manner in which the water information contained in the copy must be given.

Note   Under subsection 126 (1) of the Act, a person is required to give a copy of water information to the Bureau only if it is in the person’s possession, custody or control.

7.02 Persons to give water information to Bureau

  This Part applies to the following persons:

 (a) a Category A person;

 (b) a Category B person;

 (c) a Category C person;

 (d) a Category D person;

 (e) a Category E person;

 (f) a Category F person;

 (g) a Category G person;

 (h) a Category H person.

7.03 Categories and subcategories of water information

 (1) The water information that must be given to the Bureau under Division 7.2 is water information of a kind described in the categories specified in the table in subregulation (2).

 (2) The water information in a category in the table is made up of the water information in the subcategories specified for the category, which are described in Schedule 3.

Information that is not water information for this Part

 (3) However, the categories in subregulation (1) do not include water information:

 (a) held in a form that is not an electronic format; or

 (b) publicly available on the Bureau’s website; or

 (c) collected from a single site for up to 12 continuous weeks; or

 (d) collected solely in order to fulfil a contractual arrangement with a person not specified in regulation 7.02.

 (4) The categories in subregulation (1) also do not include water information in the possession, custody or control of a person specified in regulation 7.02 who:

 (a) is required to give a copy of the water information to the Bureau under Division 7.2; and

 (b) reasonably believes that the water information is already in the Bureau’s possession; and

 (c) has notified the Bureau, in writing, of the decision not to provide the information because of that belief.

 (5) The categories in subregulation (1) also do not include water information that is:

 (a) collected solely for a project which the person expects to be of up to 12 months duration; and

 (b) in the possession, custody or control of any of the following persons:

 (i) a Category C person;

 (ii) a Category D person;

 (iii) a Category E person;

 (iv) a Category F person;

 (v) a Category G person;

 (vi) a Category H person.

Division 7.2 Giving water information to Bureau

7.04 Water information held during grace period

 (1) This regulation applies to a person if:

 (a) on or after 5 July 2012, the person is specified as a person in a category mentioned in an item of the table; and

 (b) during the grace period for the person, the person has in the person’s possession, custody or control water information that:

 (i) is specified in the item; and

 (ii) has been entered into a data management system.

 (2) The person must give a copy of the water information to the Bureau by midday of the 14th day after the grace period for the person ends.

 (3) However, if:

 (a) the person is a Category C person; and

 (b) the water information is collected from a site listed in the document titled Commercially Sensitive Sites;

the person must give a copy of the water information, expressed as mean daily values, to the Bureau by midday of the day 2 months after the grace period for the person ends.

Information amended during grace period

 (4) If:

 (a) a person has given a copy of water information to the Bureau under this regulation; and

 (b) the person amends the water information during the grace period for the person;

the person must give a copy of the amended water information to the Bureau by midday of the 14th day after the grace period ends.

How information is to be given

 (5) A person must give a copy of water information under this regulation to the Bureau:

 (a) in the form of a CD, DVD or external hard drive; or

 (b) by way of the Internet using FTP or web services.

 (6) However, information in subcategory 8a may be given to the Bureau under this regulation in an email sent to the email address, if any, specified on the Bureau’s website as being for this purpose.

7.05 Water information held immediately before commencement of this regulation

 (1) This regulation applies to a person if:

 (a) when this regulation commences, a Part of Schedule 2 applies to the person; and

 (b) immediately before this regulation commences, the person has in the person’s possession, custody or control water information in any of the subcategories that are both:

 (i) specified in an item in that Part; and

 (ii) mentioned in subregulation (3); and

 (c) the water information has been entered into a data management system.

 (2) The person must give a copy of the water information to the Bureau by 3 months after this regulation commences.

 (3) For subparagraph (1) (b) (ii), the subcategories of water information are 2c, 3da, 4j, 5aa to 5af, 5ga, 6a, 6b, 7ea, 7eb, 7ha, 7hb, 7ia, 7ib, 7ja to 7je, 7ka to 7kc, 7la, 7lb, 7na to 7nh, 7oa to 7pg and 9ga.

Information amended before due date

 (4) If:

 (a) a person has given a copy of water information to the Bureau under this regulation; and

 (b) the person amends the water information;

the person must give a copy of the amended water information to the Bureau by midday of the 14th day after the amended water information is entered into a data management system.

How information is to be given

 (5) A person must give a copy of water information under this regulation to the Bureau:

 (a) in the form of a CD, DVD or external hard drive; or

 (b) by way of the Internet using FTP or web services.

7.06 Continuing obligation to give water information

 (1) This regulation applies to a person if:

 (a) a Part of Schedule 2 applies to the person; and

 (b) if a grace period applied to the person—the grace period has ended.

 (2) If:

 (a) the person has in the person’s possession, custody or control water information in any of the subcategories that are specified in an item in that Part; and

 (b) the water information has been entered into a data management system (unless the water information is subcategory 6d or 8a water information); and

 (c) a copy of the water information is not given to the Bureau under regulation 7.05;

the person must give a copy of the water information to the Bureau within the time specified in the item.

 (3) However, if:

 (a) a person is a Category C person; and

 (b) the water information is collected from a site listed in the document titled Commercially Sensitive Sites;

the person must give a copy of the water information, expressed as mean daily values, to the Bureau by midday of the day 2 months after the information was entered onto the data management system.

Amended information

 (4) If:

 (a) a person has given a copy of water information to the Bureau under this regulation; and

 (b) the person amends the water information;

the person must give a copy of the amended water information to the Bureau within the time specified for the water information in the item in the Part of Schedule 2 that applies to the person.

How information is to be given

 (5) If a person is required to give a copy of water information in category 7 to the Bureau yearly, the information must be expressed as volumes recorded each calendar month or more frequently.

 (6) A person must give a copy of water information under this regulation to the Bureau by way of the Internet using FTP or web services.

 (7) However:

 (a) information in subcategory 6d may be given to the Bureau in an email sent to the email address, if any, specified on the Bureau’s website as being for this purpose; and

 (b) information in subcategory 8a must be given to the Bureau using the Water Restrictions Tool at www.bom.gov.au/water/restrictions.

7.07 When information is to be given to Bureau

 (1) If the time for giving water information to the Bureau is a time specified in column 2 of an item of the table, the person must give the water information to the Bureau by the time specified in column 3 of the item.

 (2) If:

 (a) the time for giving water information to the Bureau is yearly; and

 (b) during a particular year, the water information was entered into a data management system used by a person who is required to give the information to the Bureau; and

 (c) the person is specified as a person in a category mentioned in an item of the table;

the person must give the water information to the Bureau by the day and time, if any, specified in the item.

7.08 Water information collected during a project of up to 48 months duration

 (1) This regulation applies to a person if:

 (a) the person collects water information solely for the purpose of a project that the person expects to be of up to 48 months duration; and

 (b) the water information is entered into a data management system; and

 (c) the water information is not category 11 water information.

 (2) The person is not required to give a copy of the water information to the Bureau under regulation 7.06.

 (3) The person must give to the Bureau a copy of the water information that was collected:

 (a) for a person to whom a grace period did not apply—during each full year for the duration of the project; and

 (b) for a person to whom a grace period applied—during each full year that begins after the grace period for the person has ended, for the duration of the project; and

 (c) during the period that starts immediately after the end of the last full year and ending on the last day of the project.

When information is to be given

 (4) The times for giving water information to the Bureau in an item in a Part of Schedule 2 do not apply.

 (5) The person must give a copy of the water information to the Bureau by 3 calendar months after the end of the year to which the information relates.

How information is to be given

 (6) A person must give a copy of water information under this regulation to the Bureau:

 (a) in the form of a CD, DVD or external hard drive; or

 (b) by way of the Internet using FTP or web services.

7.09 Application to first information period after grace period ends or Part commences

 (1) If a grace period for a person ends after the start of a week (the first week):

 (a) item 3 of the table in subregulation 7.07 (1) does not apply to the first week; and

 (b) item 3 of the table in subregulation 7.07 (1) applies to the next week as if the next week also included the period from the end of the grace period to the end of the first week.

 (2) If a grace period for a person ends after the start of a calendar month (the first calendar month):

 (a) item 4 of the table in subregulation 7.07 (1) does not apply to the first calendar month; and

 (b) item 4 of the table in subregulation 7.07 (1) applies to the next calendar month as if the next calendar month also included the period from the end of the grace period to the end of the first calendar month.

 (3) If this Part commences after the start of a week (the first week):

 (a) item 3 of the table in subregulation 7.07 (1) does not apply to the first week; and

 (b) item 3 of the table in subregulation 7.07 (1) applies to the next week as if the next week also included the period from when this Part commences to the end of the first week.

 (4) If this Part commences after the start of a calendar month (the first calendar month):

 (a) item 4 of the table in subregulation 7.07 (1) does not apply to the first calendar month; and

 (b) item 4 of the table in subregulation 7.07 (1) applies to the next calendar month as if the next calendar month also included the period from when this Part commences to the end of the first calendar month.

7.10 Units of measurement and time zones

 (1) If a person is required to include a time reference in the water information, the person must also include the time zone against which the time reference is made.

 (2) If:

 (a) a person is required to give a copy of water information to the Bureau under this Part; and

 (b) the description of a subcategory of water information in Schedule 3 provides that the water information should be expressed using a particular unit of measurement; and

 (c) the person has measured the water information using a different unit of measurement from that required in Schedule 3;

the person must convert the unit of measurement into the unit required by Schedule 3 before giving a copy of the water information to the Bureau.

7.11 Metadata and contextual information

 (1) If a person gives a copy of water information to the Bureau under this Division, the person must, at the same time, also give to the Bureau a copy of the metadata and contextual information, in accordance with the document titled Metadata and contextual information requirements, that relates to the water information being given.

Note   The document sets out which metadata and contextual information must be given, and which may be given.

 (2) If the Bureau notifies the person that the metadata and contextual information required by that document has changed, the person must start giving the new metadata and contextual information that relates to the water information 6 months after the person is notified.

[10] Schedule 1A

omit

Note   Items 1 to 169 are reserved for future use.

[11] After Schedule 1A

insert

Schedule 2 Water information to be given by persons

(regulations 7.05 and 7.06)

Part 1 Category A persons and Category B persons

Part 2 Category C persons

Part 3 Category D persons

Part 4 Category E persons

Part 5 Category F persons

Part 6 Category G persons

Part 7 Category H persons

[12] Schedule 3

substitute

Schedule 3 Subcategories of information

(regulations 7.03 and 7.10)

Part 1 Definitions

  In this Schedule:

Australian water access entitlement means a perpetual or ongoing entitlement, by or under a law of a State, to exclusive access to a share of the water resources of a water resource plan area or other water management area.

Australian water allocation means the specific volume of water allocated to an Australian water access entitlement in a given water accounting period.

commercial water means the total amount of metered and estimated non‑metered, potable and non‑potable, water supplied to commercial properties.

dewpoint temperature means the temperature to which air must be cooled, at constant pressure and constant moisture content, to reach saturation.

downward longwave exposure means the total amount of terrestrial electromagnetic energy that falls on a specified unit horizontal surface.

downward longwave irradiance means the longwave irradiance emitted from the sky that falls on a specified unit horizontal surface.

dry‑bulb air temperature means the temperature of air, measured by a thermometer freely exposed to the air but shielded from radiation and moisture.

electrical conductivity, in relation to water, means the capacity of the water to transmit a flow of electricity, and is a common measure of the salinity of the water.

exposure means the measure of the energy received per unit area.

global solar exposure means the total amount of electromagnetic energy emitted from the sun that falls on a specified unit horizontal surface.

global solar irradiance means the irradiance emitted from the sun that falls on a specified unit horizontal surface.

industrial water is the total amount of metered and estimated non‑metered, potable and non‑potable, water supplied to industrial properties.

irradiance means the measure of the rate of electromagnetic energy received per unit area.

major storage means any water storage that has a storage capacity of 1 GL or more.

managed aquifer recharge means the deliberate adding of water to an aquifer.

minor storage means any water storage in which water is stored for taking and that meets the following criteria:

 (a) it is not a major storage;

 (b) it has a storage capacity of 100 ML or more;

 (c) it is not used primarily for the precipitation of ash;

 (d) it is not a mine tailings dam;

 (e) it is not managed by an urban infrastructure operator primarily for the purposes of flood management or pollution abatement.

municipal water means the total amount of metered and estimated non‑metered, potable and non‑potable, water supplied for municipal purposes.

net exposure means the net global solar exposure plus the net longwave exposure.

net global solar exposure means the global solar exposure less the reflected global solar exposure.

net global solar irradiance means the global solar irradiance less the reflected global solar irradiance.

net irradiance means the net global solar irradiance plus the net longwave irradiance.

net longwave exposure means the downward longwave exposure less the upward longwave exposure.

net longwave irradiance means the downward longwave irradiance less the upward longwave exposure.

non‑potable water means water not intended for use as drinking water.

potable water means water intended for use as drinking water.

raw water means untreated water.

recycled water means treated sewage effluent, and:

 (a) includes water extracted by sewer mining and subsequently treated; and

 (b) does not include treated urban stormwater.

reflected global solar exposure means the total amount of electromagnetic energy emitted from the sun that is reflected from the ground and irradiates a specified unit horizontal surface from underneath.

reflected global solar irradiance means the irradiance emitted from the sun that is reflected from the ground and irradiates a specified unit horizontal surface from underneath.

residential water means the total amount of metered and estimated non‑metered, potable and non‑potable, water supplied to residential properties.

self extract means to take water directly from a water resource for the use of the person who takes the water, but does not include taking water:

 (a) to provide it to another person; or

 (b) under a stock and domestic right; or

 (c) from an infrastructure operator.

sewer mining means the process of recovering water from a wastewater system.

tidal limit, in relation to a watercourse, means the maximum upstream location on the watercourse at which a tidal variation in water level is observed.

total nitrogen concentration, in relation to a water sample, means the total concentration of all forms of nitrogen found in the water sample, including nitrate, nitrite, ammonia‑N and organic forms of nitrogen.

total phosphorus concentration, in relation to a water sample, means the total concentration of all forms of phosphorus found in the water sample.

total suspended solids, in relation to a water sample, means the measure of the particles mixed in the water sample.

trade waste sewage means the sewage produced by any industry, business, trade or manufacturing process.

turbidity means the measure of the light scattering properties of water, and is an indicator of the presence of suspended solids.

upward longwave exposure means the total amount of terrestrial electromagnetic energy emitted from the Earth’s surface that irradiates a specified unit horizontal surface from underneath.

upward longwave irradiance means the longwave irradiance emitted by the Earth’s surface that irradiates a specified unit horizontal surface from underneath.

urban stormwater means water in the urban stormwater drainage system.

urban stormwater reuse means urban stormwater that has been treated and reused.

urban water means the total residential, commercial, municipal, industrial and other water supplied by urban water utilities.

vapour pressure deficit means the difference between the amount of moisture in the air and how much moisture the air can hold when it is saturated.

water‑equivalent precipitation means the depth of water that would result if solid precipitation were melted.

water management area means any area defined for the purposes of water management, including a water resource plan area.

water storage means a body of water that is naturally occurring, is impounded by a constructed barrier or is within an excavation, and includes ponds, swamps, lakes, wetlands, weirs, dams, basins, reservoirs and open pits.

wet‑bulb air temperature means the temperature of air measured by a thermometer that has its bulb wrapped in wet muslin.

wind run means the product of the average wind speed and the period over which that average speed was measured.

Part 2 Subcategories in category 1—surface water resource information

Part 3 Subcategories in category 2—ground water resource information

Part 4 Subcategories in category 3—water storage information

Part 5 Subcategories in category 4—meteorological information

Part 6 Subcategories in category 5—water use information

Part 7 Subcategories in category 6—information about water rights, allocations and trades

Part 8 Subcategories in category 7—information about urban water management

Part 9 Subcategory in category 8—information about water restrictions

Part 10 Subcategories in category 9—water quality information

Part 11 Subcategories in category 11—water information for flood warning purposes

Schedule 3 Amendments to commence on the day notified by the Minister in the Gazette

(section 3)

[1] Subregulation 1.03 (1)

insert

Category J person means a person specified as a Category J person in the document titled Persons and Classes of Persons.

[2] After subregulation 1.06 (3)

insert

 (4) A reference in these Regulations to the document titled Other important sites is a reference to the document by that name published from time to time by the Bureau and available at www.bom.gov.au/water/regulations.

[3] Paragraph 7.02 (h)

substitute

 (h) a Category H person;

 (i) a Category J person.

[4] Subparagraph 7.03 (5) (b) (vi)

substitute

 (vi) a Category H person;

 (vii) a Category J person.

[5] Subregulation 7.04 (1), table, after item 6

insert

[6] After subregulation 7.04 (3)

insert

 (3A) If the person is a Category J person, the person is only required to give water information that is collected from a site listed in the document titled Other important sites.

[7] After subregulation 7.06 (3)

insert

 (3A) If the person is a Category J person, the person is only required to give water information that is collected from a site listed in the document titled Other important sites.

[8] Subregulation 7.07 (2), table, item 1

substitute

[9] Schedule 2, after Part 7

insert

Part 8 Category J persons

Note

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.comlaw.gov.au.