Drought works

Once approved, the exemption is granted in writing through an ‘exemption notice’. This notice will specify related terms and conditions, and the exemption’s validity period.

The exemption will be in effect for:

• the period specified in the exemption notice; or
• if no period is specified in the exemption notice, then 12 months following the date the exemption is granted.

There are several conditions associated with the drought works exemption.

The public authority must notify the department in writing of several factors within the ‘relevant period’, as specified in the exemption notice, or three months before the exemption expires (if no specified period is provided). These factors include:

1. The water supply work plan, and specifically, if there is an intention to continue using the work after the exemption expires.
2. If the public authority intends to stop using the water supply work on or before the exemption’s expiry, the date when it will cease using the work and its plans for the work afterwards (such as capping, decommissioning, or removal).
3. If the public authority plans to continue using the water supply work after the exemption expires, and whether they intend to:
   • apply for an extension of the period of the exemption
   • rely on another exemption
   • apply for a water supply work approval.

The department may also impose further conditions on the exemption. These might relate to the:

• location of the work
• water source from which water may be taken by the work
• construction standards with which the work must comply
• maximum size of the work
• reporting requirements on completion of the construction of the work.

While the exemption under the Regulation serves as a temporary response to drought conditions in NSW, it does not grant ongoing authorisation for the use of a water supply work.

The relevant public authority will need to consider its plans for long-term water supply work, including if and how any ongoing use will be authorised.

Possible options include:

• apply for an extension of the exemption if drought conditions persist
• rely on another exemption available under the Water Management Act 2000 or other relevant regulations
• apply for a water supply work approval.

As a condition of the exemption, the relevant public authority must inform the department in writing about its plans for the work. This includes indicating whether they intend to continue using the work after the exemption expires or if it will be decommissioned.

After an exemption under clause 39A of Water Management (General) Regulation 2018 expires, there is no guarantee that a water supply work approval will be granted.

The relevant public authority must submit a separate application for the approval.

Yes. To apply for an extension of an exemption, the relevant public authority must apply to the department explaining:

• why an extension of the exemption is required
• how the extension request aligns with the plans previously provided for the water supply work, specifically if the relevant public authority intends to continue using the work after the exemption expires.

Completed applications should be submitted to waterlicensing.servicedesk@dpie.nsw.gov.au.

If the application is approved, the department will issue an ‘extension notice’ in writing to the public authority, notifying them of the extended exemption period.

For the purposes of this exemption, a ‘relevant public authority’ is a public authority (within the meaning of the Water Management Act 2000) that supplies water to the public.

This includes WaterNSW and local councils’ local water utilities.

No. It may be a better option for a relevant public authority in the long term to apply for a water supply work approval. This exemption is only a short-term measure and is granted under specific circumstances.

The Regulation provides for a streamlined process for water supply work approval applications that are intended to be used for:

• short periods (less than six months)
• drought relief purposes.

The exemption under the Regulation is a short-term response to drought conditions in NSW. It does not authorise ongoing use of a water supply work.

A relevant public authority will need to consider its plans for the water supply work in the long term.

This includes if, and how, any ongoing use will be authorised. Possible options are to:

• apply for an extension of this exemption if the drought conditions are continuing
• rely on another exemption under the Water Management Act 2000 or the regulations
• apply for a water supply work approval.

It is a condition of this exemption for a relevant public authority to notify the department in writing of its plans in relation to the work, including whether it proposes to continue to use the work after the exemption expires or if it is to be decommissioned.

There is no guarantee that a water supply work approval will be granted after an exemption under clause 39A of the Regulation expires.

A relevant public authority would need to apply for the approval separately.