New South Wales

Water Management (General) Regulation 2025

Executive summary of update

The Water Management (General) Regulation 2025 has been updated, with the current version effective from 12 December 2025. This update introduces significant changes, most notably the expansion of the definition of "prescribed access licence" under the water return flow rules. Previously, this definition was broad; it now specifically lists the Commonwealth Environmental Water Holder, various state and federal government bodies, and is restricted to water sources covered by the Murrumbidgee, Murray, and Lower Darling regulated river water sharing plans. This change narrows the scope of entities and locations eligible for re-crediting of used water allocations, directly impacting environmental water management practices. Other minor amendments include updated references to legislation and the removal of a repealed entity from an exemption list.

Impacted parties

This update primarily impacts government agencies and statutory bodies involved in environmental water management, particularly those operating within the Murrumbidgee, Murray, and Lower Darling river systems.

Change Analysis

1. Redefined Scope for Water Return Flow Rules

The definition of a "prescribed access licence" in Section 30B has been significantly narrowed. Previously, it included a broad range of government entities. The new definition restricts this to specific entities (like the Commonwealth Environmental Water Holder and Water NSW) and, crucially, limits its application to licences that authorise water extraction from the Murrumbidgee, New South Wales Murray, and Lower Darling regulated river water sources. This change directly impacts which environmental water releases are eligible for having their return flows re-credited to their water allocation accounts, focusing the benefit on key water systems within the Murray-Darling Basin.

2. Updated Legislative References

The regulation has been updated to reflect changes in other legislation. For example, in Schedule 4, Section 49, the reference to State Environmental Planning Policy (Major Development) 2005 has been replaced with State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 6. This ensures the regulation remains consistent with the current planning framework.

3. Removal of Redundant Entity

In Schedule 4, Section 40, which provides exemptions for rail authorities, Rail Corporation New South Wales has been removed from the list of exempt entities. This is a technical amendment reflecting the repeal of that corporation.

Corrective and preventive actions

Legal

  • Section 30B: Review all existing and pending agreements related to environmental water releases to ensure they comply with the newly restricted definition of "prescribed access licence"....
The full analysis cover much more, including triggers for operational and commercial risks and opportunities.

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