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
2 Commencement 2
3 Amendment of Water Regulations 2008 2
Schedule 1 Amendments to commence on the day after registration 3
Schedule 2 Amendments to commence on 5 July 2012 14
Schedule 3 Amendments to commence on the day notified by the Minister in the Gazette 42
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
Item
Plan
Water resource plan area
Date plan ceases to have effect
1
Bulk Entitlement (Broken System - Goulburn-Murray Water) Conversion Order 2004
Broken
30 June 2019
2
Bulk Entitlement (Broken System - Snowy Environmental Reserve) Conversion Order 2006
Broken
30 June 2019
3
Bulk Entitlement (Broken System - Tungamah, Devenish & St James - North East Water) Conversion Order 2004
Broken
30 June 2019
4
Bulk Entitlement (Loombah McCall-Say) Conversion Order 2001
Broken
30 June 2019
5
Bulk Entitlement (Axedale, Goornong & Part Rochester) Conversion Order 1999
Campaspe
30 June 2019
6
Bulk Entitlement (Campaspe System - Coliban Water) Conversion Order 1999
Campaspe
30 June 2019
7
Bulk Entitlement (Campaspe System - Goulburn-Murray Water) Conversion Order 2000
Campaspe
30 June 2019
8
Bulk Entitlement (Lockington) Conversion Order 1995
Campaspe
30 June 2019
9
Bulk Entitlement (Rochester) Conversion Order 1995
Campaspe
30 June 2019
10
Bulk Entitlement (Woodend) Conversion Order 2004
Campaspe
30 June 2019
11
Spring Hill Groundwater Supply Protection Area Declaration Order 1998
Campaspe
30 June 2019
12
Spring Hill Groundwater Supply Protection Area-Groundwater Management Plan
Campaspe
30 June 2019
13
Bulk Entitlement (Alexandra) Conversion Order 1995
Goulburn
30 June 2019
14
Bulk Entitlement (Bonnie Doon) Conversion Order 1995
Goulburn
30 June 2019
15
Bulk Entitlement (Broadford, Kilmore & Wallan) Conversion and Augmentation Order 2003
Goulburn
30 June 2019
16
Bulk Entitlement (Buxton) Conversion Order 1995
Goulburn
30 June 2019
17
Bulk Entitlement (Dookie) Conversion Order 1995
Goulburn
30 June 2019
18
Bulk Entitlement (Eildon) Conversion Order 1995
Goulburn
30 June 2019
19
Bulk Entitlement (Eildon - Goulburn Weir) Conversion Order 1995
Goulburn
30 June 2019
20
Bulk Entitlement (Euroa System) Conversion Order 2001
Goulburn
30 June 2019
21
Bulk Entitlement (Girgarre) Conversion Order 1995
Goulburn
30 June 2019
22
Bulk Entitlement (Goulburn System - Snowy Environmental Reserve) Order 2004
Goulburn
30 June 2019
23
Bulk Entitlement (Katandra West) Conversion Order 1995
Goulburn
30 June 2019
24
Bulk Entitlement (Kyabram) Conversion Order 1995
Goulburn
30 June 2019
25
Bulk Entitlement (Longwood) Conversion Order 1995
Goulburn
30 June 2019
26
Bulk Entitlement (Mansfield) Conversion Order 1995
Goulburn
30 June 2019
27
Bulk Entitlement (Marysville) Conversion Order 1995
Goulburn
30 June 2019
28
Bulk Entitlement (Merrigum) Conversion Order 1995
Goulburn
30 June 2019
29
Bulk Entitlement (Mooroopna) Conversion Order 1995
Goulburn
30 June 2019
30
Bulk Entitlement (Murchison) Conversion Order 1995
Goulburn
30 June 2019
31
Bulk Entitlement (Nagambie) Conversion Order 1995
Goulburn
30 June 2019
32
Bulk Entitlement (Pyalong) Conversion Order 1997
Goulburn
30 June 2019
33
Bulk Entitlement (Rubicon-Southern Hydro Ltd) Conversion Order 1997
Goulburn
30 June 2019
34
Bulk Entitlement (Rushworth) Conversion Order 1995
Goulburn
30 June 2019
35
Bulk Entitlement (Seymour) Conversion Order 1995
Goulburn
30 June 2019
36
Bulk Entitlement (Shepparton) Conversion Order 1995
Goulburn
30 June 2019
37
Bulk Entitlement (Stanhope) Conversion Order 1995
Goulburn
30 June 2019
38
Bulk Entitlement (Tatura) Conversion Order 1995
Goulburn
30 June 2019
39
Bulk Entitlement (Thornton) Conversion Order 1995
Goulburn
30 June 2019
40
Bulk Entitlement (Tongala) Conversion Order 1995
Goulburn
30 June 2019
41
Bulk Entitlement (Toolamba) Conversion Order 1995
Goulburn
30 June 2019
42
Bulk Entitlement (Upper Delatite) Conversion Order 1995
Goulburn
30 June 2019
43
Bulk Entitlement (Violet Town) Conversion Order 1997
Goulburn
30 June 2019
44
Bulk Entitlement (Woods Point) Conversion Order 1995
Goulburn
30 June 2019
45
Bulk Entitlement (Yea) Conversion Order 1997
Goulburn
30 June 2019
46
Goulburn Broken Regional River Health Strategy 2005 - 2015
Goulburn
31 December 2015
47
Shepparton Irrigation Region Groundwater Supply Protection Area Declaration Order 1995
Goulburn
30 June 2019
48
Shepparton Irrigation Region Groundwater Supply Protection Groundwater Management Plan
Goulburn
30 June 2019
49
Bulk Entitlement (Bogong Village) Conversion Order 1997
Kiewa
30 June 2019
50
Bulk Entitlement (Kiewa - Southern Hydro Ltd) Conversion Order 1997
Kiewa
30 June 2019
51
Bulk Entitlement (Kiewa - Tangambalanga) Conversion Order 2000
Kiewa
30 June 2019
52
Bulk Entitlement (Mount Beauty-Tawonga) Conversion Order 1997
Kiewa
30 June 2019
53
Bulk Entitlement (Yackandandah) Conversion Order 2001
Kiewa
30 June 2019
54
Bulk Entitlement (Boort) Conversion Order 1995
Loddon
30 June 2019
55
Bulk Entitlement (Creswick) Conversion Order 2004
Loddon
30 June 2019
56
Bulk Entitlement (Daylesford - Hepburn Springs) Conversion Order 2004
Loddon
30 June 2019
57
Bulk Entitlement (Dingee) Conversion Order 1995
Loddon
30 June 2019
58
Bulk Entitlement (Evansford-Talbot System - Part Maryborough - Central Highlands Water) Conversion Order 2006
Loddon
30 June 2019
59
Bulk Entitlement (Lexton) Conversion Order 2004
Loddon
30 June 2019
60
Bulk Entitlement (Loddon River - Environmental Reserve) Order 2005
Loddon
30 June 2019
61
Bulk Entitlement (Loddon System - Coliban Water) Conversion Order 2005
Loddon
30 June 2019
62
Bulk Entitlement (Loddon System - Goulburn-Murray Water) Conversion Order 2005
Loddon
30 June 2019
63
Bulk Entitlement (Loddon System - Part Maryborough - Central Highlands Water) Conversion Order 2005
Loddon
30 June 2019
64
Bulk Entitlement (Macorna) Conversion Order 1995
Loddon
30 June 2019
65
Bulk Entitlement (Mitiamo) Conversion Order 1995
Loddon
30 June 2019
66
Bulk Entitlement (Mysia) Conversion Order 1995
Loddon
30 June 2019
67
Bulk Entitlement (Pyramid Hill) Conversion Order 1995
Loddon
30 June 2019
68
Bulk Entitlement (Beechworth) Conversion Order 2001
Ovens
30 June 2019
69
Bulk Entitlement (Bright) Conversion Order 2000
Ovens
30 June 2019
70
Bulk Entitlement (Chiltern) Conversion Order 2000
Ovens
30 June 2019
71
Bulk Entitlement (Glenrowan) Conversion Order 1999
Ovens
30 June 2019
72
Bulk Entitlement (Harrietville) Conversion Order 1999
Ovens
30 June 2019
73
Bulk Entitlement (Myrtleford) Conversion Order 2001
Ovens
30 June 2019
74
Bulk Entitlement (Ovens System - Goulburn-Murray Water) Conversion Order 2004
Ovens
30 June 2019
75
Bulk Entitlement (Ovens System - Moyhu, Oxley & Wangaratta - North East Water) Conversion Order 2004
Ovens
30 June 2019
76
Bulk Entitlement (Porepunkah) Conversion Order 1999
Ovens
30 June 2019
77
Bulk Entitlement (Springhurst) Conversion Order 1999
Ovens
30 June 2019
78
Bulk Entitlement (Whitfield) Conversion Order 1999
Ovens
30 June 2019
79
Bulk Entitlement (Corryong) Conversion Order 2000
Victorian Murray
30 June 2019
80
Bulk Entitlement (Cudgewa) Conversion Order 2000
Victorian Murray
30 June 2019
81
Bulk Entitlement (Dartmouth) Conversion Order 2000
Victorian Murray
30 June 2019
82
Bulk Entitlement (River Murray - Coliban Water) Conversion Order 1999
Victorian Murray
30 June 2019
83
Bulk Entitlement (River Murray - First Mildura Irrigation Trust) Conversion Order 1999
Victorian Murray
30 June 2019
84
Bulk Entitlement (River Murray - Flora and Fauna) Conversion Order 1999
Victorian Murray
30 June 2019
85
Bulk Entitlement (River Murray - Goulburn-Murray Water) Conversion Order 1999
Victorian Murray
30 June 2019
86
Bulk Entitlement (River Murray - Goulburn Valley Water) Conversion Order 1999
Victorian Murray
30 June 2019
87
Bulk Entitlement (River Murray - Lower Murray Water) Conversion Order 1999
Victorian Murray
30 June 2019
88
Bulk Entitlement (River Murray - North East Water) Conversion Order 1999
Victorian Murray
30 June 2019
89
Bulk Entitlement (River Murray - Snowy Environmental Reserve) Conversion Order 2004
Victorian Murray
30 June 2019
90
Bulk Entitlement (River Murray - Sunraysia Rural Water) Conversion Order 1999
Victorian Murray
30 June 2019
91
Bulk Entitlement (River Murray - Wimmera Mallee Water) Conversion Order 1999
Victorian Murray
30 June 2019
92
Bulk Entitlement (Walwa) Conversion Order 2000
Victorian Murray
30 June 2019
93
Katunga Groundwater Supply Protection Area Declaration Order 1998
Victorian Murray
30 June 2019
94
Katunga Groundwater Supply Protection Area - Groundwater Management Plan 2006
Victorian Murray
30 June 2019
95
Bulk Entitlement (Amphitheatre) Conversion Order 2003
Wimmera-Mallee
30 June 2019
96
Bulk Entitlement (Ararat, Stawell, Great Western, & Halls Gap) Conversion Order 2005
Wimmera-Mallee
30 June 2019
97
Bulk Entitlement (Avoca) Conversion Order 2003
Wimmera-Mallee
30 June 2019
98
Bulk Entitlement (Landsborough - Navarre) Conversion Order 2003
Wimmera-Mallee
30 June 2019
99
Bulk Entitlement (Wimmera and Glenelg Rivers - Coliban Water) Conversion Order 2004
Wimmera-Mallee
30 June 2019
100
Bulk Entitlement (Wimmera and Glenelg Rivers - Flora and Fauna) Conversion Order 2004
Wimmera-Mallee
30 June 2019
101
Bulk Entitlement (Wimmera and Glenelg Rivers - Grampians Waters) Conversion Order 2004
Wimmera-Mallee
30 June 2019
102
Bulk entitlement (Wimmera and Glenelg Rivers - Wimmera Mallee Water) Conversion Order 2004
Wimmera-Mallee
30 June 2019
103
Mallee River Health Strategy 2005
Wimmera-Mallee
30 June 2019
104
Murrayville Groundwater Supply Protection Area Declaration Order 1998
Wimmera-Mallee
30 June 2019
105
Murrayville Groundwater Supply Protection Area Groundwater Management Plan 2001
Wimmera-Mallee
30 June 2019
106
Neuarpur Groundwater Supply Protection Area Declaration Order 1998
Wimmera-Mallee
30 June 2019
107
Bulk Entitlement (Colbinabbin) Conversion Order 1995
Broken, Goulburn
30 June 2019
108
Bulk Entitlement (Corop) Conversion Order 1995
Broken, Goulburn
30 June 2019
109
Bulk Entitlement (Silver & Wallaby Creeks - Melbourne Water for City West Water Limited) Conversion Order 2006
Broken, Goulburn
30 June 2019
110
Bulk Entitlement (Silver & Wallaby Creeks - Melbourne Water for South East Water Limited) Conversion Order 2006
Broken, Goulburn
30 June 2019
111
Bulk Entitlement (Silver & Wallaby Creeks - Melbourne Water for Yarra Valley Water Limited) Conversion Order 2006
Broken, Goulburn
30 June 2019
112
Silver and Wallaby Creeks Environmental Entitlement 2006
Broken, Goulburn
30 June 2019
113
North Central River Health Strategy 2005
Campaspe, Loddon, Wimmera-Mallee
30 June 2019
114
North East Regional River Health Strategy 2006
Kiewa, Ovens, Victorian Murray
30 June 2019
115
Sustainable Water Strategy Central Region Action to 2055
all water plan resource areas
30 June 2019
116
Directions for Reconfiguration Plans 2006
all water plan resource areas
30 June 2019
117
Ministerial Guidelines for Licensing Irrigation and Commercial Use (Surface Water) 2002
all water plan resource areas
30 June 2019
118
Permissible Consumptive Volume Groundwater Order 2006
all water plan resource areas
30 June 2019
119
State Environment Protection Policy (Groundwaters of Victoria) 1997
all water plan resource areas
30 June 2019
120
State Environment Protection Policy (Waters of Victoria) 1988
all water plan resource areas
30 June 2019
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.
Category number
Description of category
Subcategories in category
1
Surface water resource information
1a–1b in Part 2 of Schedule 3
2
Ground water resource information
2a–2c in Part 3 of Schedule 3
3
Water storage information
3a–3f in Part 4 of Schedule 3
4
Meteorological information
4a–4j in Part 5 of Schedule 3
5
Water use information
5a–5i in Part 6 of Schedule 3
6
Information about water rights, allocations and trades
6a–6g in Part 7 of Schedule 3
7
Information about urban water management
7a–7pg in Part 8 of Schedule 3
8
Information about water restrictions
8a in Part 9 of Schedule 3
9
Water quality information
9a–9h in Part 10 of Schedule 3
11
Water information for flood warning purposes
11a–11c in Part 11 of 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.
Item
Category of persons
Subcategories of water information
1
A and B
1a, 1b, 2a–2c, 3e, 3f, 4a–4j, 5a–5ac, 5b–5i, 6a–6g, 8a and 9a–9h
2
C
1a, 1b, 3a–3da, 3f and 4a–4j
3
D
3a–3da and 3f
4
E
1a, 1b, 2a–2c, 3e, 3f, 4a–4j, 5a–5ac, 5b–5e, 6a–6d and 9a–9h
5
F
1a, 1b, 2a–2c, 3e, 3f, 4a–4j, 7a–7pg, 8a and 9a–9h
6
G
1a, 1b, 2a–2c, 4a–4j, 9a–9g and 9h
(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.
Item
Time for giving information
When information is to be given to Bureau
1
Hourly
Five minutes after the end of the hour during which the information was entered into a data management system
2
Daily
Midday on the next day following the day during which the information was entered into a data management system
3
Weekly
Midday on the first day of the next week following the week during which the information was entered into a data management system
4
Calendar monthly
Midday on the second day of the next calendar month following the calendar month during which the information was entered into a data management system
(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.
Item
Category of person
Day and time
1
A, B, C, D, E, G,
Midday on the 20th day of the next year following the particular year
2
F
31 August of the next year following the particular year
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
Item
Subcategories of water information
Time
1
1a, 1b, 3e, 4a, 4b, 4c, 4d, 4e, 4f, 4g, 4h, 4i, 4j, 5a, 5aa, 5ab, 5ac, 5b, 9a
Daily
2
6b, 6c
Weekly
3
2a, 2b, 6a
Calendar monthly
4
2c, 3f, 5d, 5e, 5f, 5g, 5ga, 5h, 5i, 6e, 6f, 6g, 9b, 9c, 9d, 9e, 9f, 9g, 9ga, 9h
Yearly
5
6d, 8a
When the announcement is made
Part 2 Category C persons
Item
Subcategories of water information
Time
1
1a, 1b, 3a, 3b, 3c, 3d, 3da, 4a, 4b, 4c, 4d, 4e, 4f, 4g, 4h, 4i, 4j
Daily
2
3f
Yearly
Part 3 Category D persons
Item
Subcategories of water information
Time
1
3a, 3b, 3c, 3d, 3da
Daily
2
3f
Yearly
Part 4 Category E persons
Item
Subcategories of water information
Time
1
1a, 1b, 3e, 4a, 4b, 4c, 4d, 4e, 4f, 4g, 4h, 4i, 4j, 5a, 5aa, 5ab, 5ac, 5b, 9a
Daily
2
6b, 6c
Weekly
3
2a, 2b, 6a
Calendar monthly
4
2c, 3f, 5d, 5e, 9b, 9c, 9d, 9e, 9f, 9g, 9ga, 9h
Yearly
5
6d
When the announcement is made
Part 5 Category F persons
Item
Subcategories of water information
Time
1
1a, 1b, 3e, 4a, 4b, 4c, 4d, 4e, 4f, 4g, 4h, 4i, 4j, 9a
Daily
2
2a, 2b
Calendar monthly
3
2c, 3f, 7a, 7b, 7c, 7d, 7e, 7ea, 7eb, 7f, 7g, 7h, 7ha, 7hb, 7i, 7ia, 7ib, 7j, 7ja, 7jb, 7jc, 7jd, 7je, 7k, 7ka, 7kb, 7kc, 7l, 7la, 7lb, 7m, 7n, 7na, 7nb, 7nc, 7nd, 7ne, 7nf, 7ng, 7nh, 7o, 7oa, 7ob, 7oc, 7od, 7p, 7pa, 7pb, 7pc, 7pd, 7pe, 7pf, 7pg, 9b, 9c, 9d, 9e, 9f, 9g, 9ga, 9h
Yearly
4
8a
When the announcement is made
Part 6 Category G persons
Item
Subcategories of water information
Time
1
1a, 1b, 4a, 4b, 4c, 4d, 4e, 4f, 4g, 4h, 4i, 4j, 9a
Daily
2
2a, 2b
Calendar monthly
3
2c, 9b, 9c, 9d, 9e, 9f, 9g, 9ga, 9h
Yearly
Part 7 Category H persons
Item
Subcategories of water information
Time
1
11a, 11b, 11c
Hourly
[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
Subcategory number
Description of subcategory information
1a
Level of a watercourse (other than a water storage), expressed in metres
1b
Discharge of a watercourse (other than a water storage), expressed in cumecs
Part 3 Subcategories in category 2—ground water resource information
Subcategory number
Description of subcategory information
2a
Ground water level, expressed in metres
2b
Ground water pressure, expressed in kilopascals
2c
Volume of water supplied for aquifer recharge, expressed in megalitres
Part 4 Subcategories in category 3—water storage information
Subcategory number
Description of subcategory information
3a
Level of water in a major storage, expressed in metres
3b
Volume of water in a major storage, expressed in megalitres
3c
Volume of water released from a major storage, expressed in megalitres
3d
Total volume of water delivered to a major storage, expressed in megalitres
3da
Volume of water delivered to a major storage from each water source, expressed in megalitres
3e
Volume of water in a minor storage, expressed in megalitres
3f
A list of major storages owned, operated or regulated by the person required to give the information
Part 5 Subcategories in category 4—meteorological information
Subcategory number
Description of subcategory information
4a
Accumulated precipitation depth, including the water‑equivalent precipitation depth, expressed in millimetres
4b
Wind speed (expressed in metres per second), wind direction, and wind run (expressed in kilometres over a specified period)
4c
Evaporation, expressed in millimetres per day
4d
Global solar exposure, reflected global solar exposure, downward longwave exposure, upward longwave exposure, and net exposure, each expressed in joules per square metre
4e
Global solar irradiance, reflected global solar irradiance, downward longwave irradiance, upward longwave irradiance, and net irradiance, each expressed in watts per square metre
4f
Dry‑bulb air temperature, expressed in degrees Celsius
4g
Wet‑bulb air temperature, expressed in degrees Celsius
4h
Relative humidity, expressed as a percentage
4i
Vapour pressure deficit, expressed in millibars
4j
Dewpoint temperature, expressed in degrees Celsius
Part 6 Subcategories in category 5—water use information
Subcategory number
Description of subcategory information
5a
Total volume of water taken, expressed in megalitres
5aa
Volume of water taken from a watercourse, expressed in megalitres
5ab
Volume of water taken from ground water, expressed in megalitres
5ac
Volume of recycled water taken from another water manager, expressed in megalitres
5ad
Volume of water taken from mine dewatering, expressed in megalitres
5ae
Volume of water taken from marine desalination, expressed in megalitres
5af
Volume of water taken from infrastructure operators, expressed in megalitres
5b
Volume of water returned to a watercourse, expressed in megalitres
5d
Volume of water supplied to all irrigators in an irrigation network, expressed in megalitres
5e
Volume of water supplied to individual irrigators in an irrigation network, expressed in megalitres
5f
Volume of water taken by individual self extractors, expressed in megalitres
5g
Volume of water taken from a watercourse by self extractors, expressed in megalitres
5ga
Volume of recycled water taken by self extractors from another water manager, expressed in megalitres
5h
Volume of water extracted from ground water by self extractors, expressed in megalitres
5i
Volume of water returned to a watercourse by a self extractor, expressed in megalitres
Part 7 Subcategories in category 6—information about water rights, allocations and trades
Subcategory number
Description of subcategory information
6a
Water access rights and irrigation rights
6b
Trades or leases of Australian water access entitlements and irrigation rights
6c
Trades of Australian water allocations
6d
Formal announcements of Australian water allocations
6e
Permits to operate or construct a minor storage
6f
Permits to self extract water from a bore
6g
Permits to self extract water from a watercourse
Part 8 Subcategories in category 7—information about urban water management
Subcategory number
Description of subcategory information
7a
Volume of water taken from surface water, expressed in megalitres
7b
Volume of water taken from ground water, expressed in megalitres
7c
Volume of water taken from marine desalination, expressed in megalitres
7d
Volume of recycled water taken, expressed in megalitres
7e
Total volume of water (other than urban stormwater or recycled water) taken from infrastructure operators, expressed in megalitres
7ea
Volume of potable water taken from infrastructure operators, expressed in megalitres
7eb
Volume of non‑potable or raw water (other than urban stormwater or recycled water) taken from infrastructure operators, expressed in megalitres
7f
Volume of recycled water taken from infrastructure operators, expressed in megalitres
7g
Total volume of water taken, expressed in megalitres
7h
Total volume of residential water supplied (other than recycled water and urban stormwater reuse), expressed in megalitres
7ha
Volume of potable residential water supplied (other than recycled water and urban stormwater reuse), expressed in megalitres
7hb
Volume of non‑potable residential water supplied (other than recycled water and urban stormwater reuse), expressed in megalitres
7i
Total volume of commercial, municipal and industrial water supplied (other than recycled water and urban stormwater reuse), expressed in megalitres
7ia
Volume of potable commercial, municipal and industrial water supplied (other than recycled water and urban stormwater reuse), expressed in megalitres
7ib
Volume of non‑potable commercial, municipal and industrial water supplied (other than recycled water and urban stormwater reuse), expressed in megalitres
7j
Total volume of water supplied, expressed in megalitres, other than the following:
(a) recycled water;
(b) urban stormwater reuse;
(c) residential, commercial, municipal or industrial water
7ja
Volume of potable water supplied (other than residential, commercial, municipal or industrial water), expressed in megalitres
7jb
Volume of non‑potable water supplied, expressed in megalitres, other than the following:
(a) recycled water;
(b) urban stormwater reuse;
(c) residential, commercial, municipal, industrial or environmental water;
(d) water supplied for agricultural irrigation or managed aquifer recharge
7jc
Volume of non‑potable water supplied for managed aquifer recharge (other than recycled water and urban stormwater reuse), expressed in megalitres
7jd
Volume of non‑potable water supplied for agricultural irrigation, expressed in megalitres
7je
Volume of non‑potable water supplied for environmental use (other than water supplied for managed aquifer recharge and urban stormwater reuse), expressed in megalitres
7k
Total volume of potable and non‑potable water supplied (other than recycled water and urban stormwater reuse), expressed in megalitres
7ka
Volume of potable water supplied (other than recycled water and urban stormwater reuse), expressed in megalitres
7kb
Volume of non‑potable water supplied (other than recycled water and urban stormwater reuse), expressed in megalitres
7kc
Volume of potable water produced (other than recycled water and urban stormwater reuse), expressed in megalitres
7l
Total volume of water supplied to infrastructure operators, expressed in megalitres
7la
Volume of potable water supplied to infrastructure operators (other than recycled water and urban stormwater reuse), expressed in megalitres
7lb
Volume of non‑potable water supplied to infrastructure operators (other than recycled water and urban stormwater reuse), expressed in megalitres
7m
Volume of recycled water supplied to infrastructure operators, expressed in megalitres
7n
Total volume of treated sewage discharges from a sewage discharge point, expressed in megalitres
7na
Volume of sewage collected, expressed in megalitres
7nb
Volume of sewage supplied to infrastructure operators, expressed in megalitres
7nc
Volume of sewage taken from infrastructure operators, expressed in megalitres
7nd
Volume of sewage taken from sewer mining, expressed in megalitres
7ne
Volume of sewage measured at the inlet to a treatment works, expressed in megalitres
7nf
Volume of treated sewage effluent released from a treatment works, expressed in megalitres
7ng
Volume of sewage collected (other than trade waste sewage), expressed in megalitres
7nh
Volume of trade waste sewage collected, expressed in megalitres
7o
Total volume of urban stormwater discharges from a stormwater discharge point, expressed in megalitres
7oa
Volume of urban stormwater supplied to infrastructure operators, expressed in megalitres
7ob
Volume of urban stormwater taken from infrastructure operators, expressed in megalitres
7oc
Volume of urban stormwater taken for managed aquifer recharge, expressed in megalitres
7od
Volume of urban stormwater used, expressed in megalitres
7p
Total volume of recycled water supplied, expressed in megalitres
7pa
Volume of recycled water supplied for residential use, expressed in megalitres
7pb
Volume of recycled water supplied for commercial, municipal or industrial use, expressed in megalitres
7pc
Volume of recycled water supplied for agricultural irrigation, expressed in megalitres
7pd
Volume of recycled water supplied for environmental use (other than managed aquifer recharge), expressed in megalitres
7pe
Volume of recycled water supplied for on‑site use, expressed in megalitres
7pf
Volume of recycled water supplied for managed aquifer recharge, expressed in megalitres
7pg
Volume of recycled water supplied, expressed in megalitres, other than the following:
(a) residential, commercial, environmental, municipal or industrial water;
(b) water supplied for agricultural irrigation, on‑site use or managed aquifer recharge
Part 9 Subcategory in category 8—information about water restrictions
Subcategory number
Description of subcategory information
8a
Water use restriction announcements
Part 10 Subcategories in category 9—water quality information
Subcategory number
Description of subcategory information
9a
Electrical conductivity of surface water above the tidal limit of a watercourse, expressed in microsiemens per centimetre at 25 °C
9b
Electrical conductivity of ground water, expressed in microsiemens per centimetre at 25 °C
9c
Total suspended solids concentration of surface water collected above the tidal limit of a watercourse, expressed in milligrams per litre
9d
Turbidity of surface water above the tidal limit of a watercourse, expressed in nephelometric turbidity units
9e
Total phosphorus concentration of a surface water sample collected above the tidal limit of a watercourse, expressed in milligrams per litre
9f
Total nitrogen concentration of a surface water sample collected above the tidal limit of a watercourse, expressed in milligrams per litre
9g
pH of surface water collected above the tidal limit of a watercourse
9ga
pH of ground water
9h
Temperature of surface water collected above the tidal limit of a watercourse, expressed in degrees Celsius
Part 11 Subcategories in category 11—water information for flood warning purposes
Subcategory number
Description of subcategory information
11a
Level of a watercourse, expressed in metres
11b
Discharge of a watercourse, expressed in cumecs
11c
Accumulated precipitation depth, including the water‑equivalent precipitation depth, expressed in millimetres
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
7
J
1a, 1b, 2a–2c, 3a, 3b, 3f, 4a, 4c, 5a–5b, 9a, 9b, 9d–9h
[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
1
A, B, C, D, E, G, J
Midday on the 20th day of the next year following the particular year
[9] Schedule 2, after Part 7
insert
Part 8 Category J persons
Item
Subcategories of water information
Time
1
1a, 1b, 3a, 3b, 4a, 4c, 5a, 5aa, 5ab, 5ac, 5ae, 5af, 5b, 9a
Daily
2
2a, 2b, 5ad
Calendar monthly
3
2c, 3f, 9b, 9d, 9e, 9f, 9g, 9ga, 9h
Yearly
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.
