Module Application
Does the organisation contribute towards the New South Wales water supply and sewerage services industry, either as a bulk water entity that collects and provides bulk water to service providers, as a service provider that distributes water to the public, or as a distributor-retailer that provides water and wastewater services to individuals or communities in New South Wales?
Is the organisation required to comply with the New South Wales Water Supply Regulator and associated water and environmental departmental entities, to ensure the protection of natural water sources, including any requirements pursuant to water management plans and coastal plans, and to take reasonable and practicable precautions to prevent environmental harm including from stormwater and sewerage discharge?
Is the organisation required to be registered and licensed to provide water services to catchment areas, for drinking water purposes, to obtain development approval prior to constructing new infrastructure to support water supply and sewerage services, and to have effective disaster preparedness and understanding of the emergency policies during prolonged water shortage and other unforeseen emergencies?
Module Scope
The NEW SOUTH WALES WATER SUPPLY MANAGEMENT module informs any organisation that is involved in the New South Wales water supply industry on how to navigate their legal responsibilities. It outlines the obligations and regulations and how they apply to water supplying entities and service providers. The module also provides direction and guidance to these organisations about procedures and processes to implement that will ensure compliance with all obligations throughout the operational system.
The NEW SOUTH WALES WATER SUPPLY MANAGEMENT module covers the core obligations of water entities and service providers as they relate to:
- Water supply administration, and basin and catchments
- Water licensing, water trading and water allocation
- Water for the environment
- Water plans and programs
- Water utilities
- Sewerage services and wastewater treatment
- Supply and distribution of drinking water
- Metering
- Emergency policies
- Reporting, record keeping, and accounting; and
- Water efficiency
The module also covers the extent to which water industry regulation in New South Wales is derived from the following legislation:
- Water Act 1912 (NSW) imposes conditions for water extraction in water sources devoid of water sharing plans.
- Water NSW Act 2014 (NSW) establishes Water NSW, with the functions of ensuring the efficient, effective, safe, and responsible availability of water in the state
- Sydney Water Act 1994 (NSW) establishes a state-owned corporation which is responsible for the supply of water, the provision of sewerage and stormwater drainage systems, and the disposal of wastewater in the greater Sydney area
- Water Management Act 2000 (NSW) provides for licensing and permit requirements for categories of water-related use and work, and ensures sustainable and integrated management of the water sources of the state for present and future generations
- Water Management (General) Regulation 2018 (NSW) specifies important procedural and technical matters related to the administration of the Water Management Act 2000 (NSW), with particular exemptions for licences and approvals
- Water Act 2007 (Cth) establishes the Murray-Darling Basin Agreement and Basin Plan 2012, enabling the Commonwealth, in conjunction with the Basin States, to manage the Murray-Darling Basin water resources
Other legislation covered by the module that in certain circumstances creates obligations or responsibilities on water entities or service providers includes:
- Crimes Act 1914 (Cth)
- Energy and Utilities Administration Act 1987 (NSW)
- Environmental Planning and Assessment Act 1979 (NSW)
- Essential Services Act 1988 (NSW)
- Fluoridation of Public Water Supplies Act 1957 (NSW)
- Foreign Acquisitions and Takeovers Act 1975 (Cth)
- Independent Pricing and Regulatory Tribunal Act 1992 (NSW)
- Plumbing and Drainage Act 2011 (NSW)
- Protection of the Environment Operations Act 1997 (NSW)
- Public Health Act 2010 (NSW)
- Water Efficiency Labelling and Standards (New South Wales) Act 2005 (NSW)
- Water Efficiency Labelling and Standards Act 2005 (Cth)
- Water Industry Competition (General) Regulation 2021 (NSW)
- Water Industry Competition Act 2006 (NSW)
- Water Market Rules 2009 (Cth)
- Water Regulations 2008 (Cth)
The management of New South Wales’s water supply sector is regulated by various federal and state government departments which each have the responsibility for administering particular pieces of legislation. However, due to the complex nature of water supply operations, there are significant areas of overlap between departments. This module covers the obligations of the regulators including what authority they have and how it is enforced. The following are among the key departments involved in the management of water supply in New South Wales:
- NSW Department of Climate Change, Energy, the Environment and Water (DCCEEW) ensures water sustainability and security in the state through policies and strategies to support community, industry, and the environment
- WaterNSW operates as the bulk water supplier as well as provides services relating to licensing and approvals, water allocation trades, water licence trades, and has oversight of safe drinking water and emergency preparedness
- NSW Natural Resources Access Regulator oversees the enforcement of water management laws in New South Wales, with monitoring, auditing, and investigative powers
- Dam Safety NSW ensures the management and safety of dams in the state through inspection and compliance practices
- Independent Pricing and Regulatory Tribunal of NSW sets and regulates prices for water and sewerage in New South Wales
- Murray-Darling Basin Authority plans and manages the sustainable use of Basin water resources and sets volume allocation for Basin States
- Inspector General of Water Compliance enforces compliance with Commonwealth water legislation, conducts audits into compliance, and takes enforcement for illegal activities and non-compliance
- Commonwealth Environmental Water Holder manages federal environmental water holdings to protect key water sources, such as the Murray-Darling Basin
- Commonwealth Department of Climate Change, Energy, the Environment and Water (DCCEEW Cth) manages the sustainable supply of Commonwealth water to community, industry, and the environment
The varied entities and service providers that are complying with these obligations include:
- Water utilities which provide water, wastewater, recycled water, and stormwater services
- Water authorities which are statutory bodies that provide essential water services
- Water distributor-retailers which distribute bulk water to customers and provide wastewater services to individuals and communities throughout the New South Wales region
The module also covers specific issues relating to adherence to the New South Wales water strategy, and obligations concerning the Murray-Darling Basin.
The NEW SOUTH WALES WATER SUPPLY MANAGEMENT module provides comprehensive coverage of the legal obligations of entities involved in the New South Wales water supply sector. It does not cover the procedures or processes to be followed by consumers or entities relying on the water supply sector in the event that the water supply provider commits a breach of these obligations.
About LexisNexis Regulatory Compliance
LexisNexis Regulatory Compliance® helps you forge a clear path to compliance.
With LexisNexis® content know-how at the core, our compliance registers, alerts, and information-driven solutions make compliance uncomplicated for GRC professionals across the globe.