Water permit or licence exemptions
Editor note:
Who's the target audience for this? We'll have to rewrite to make it easy to understand
And is it any different to the 'When you don't need a licence' content on laws and rules page? We need to understand the difference, if there is
The Water Act 1992 allows the Administrator to exempt certain activities from the Act's operation.
The Administrator may, on the recommendation of the minister, by notice in the NT Government Gazette, declare under:
- Subsection 40(10): that subsections 40(1) and (3) of the Water Act 1992 do not apply in relation to a class of interference with a waterway.
- Subsection 44(8): that subsections 44(1) and (2) of the Water Act 1992 do not apply in relation to taking surface water without authorisation.
- Subsection 47(1): that part 6 of the Water Act 1992 does not apply to or in relation to a class of bore, or to drainage water, or waste or taking groundwater without authorisation. The power does not apply to groundwater extraction (section 60A) or recharge licences (subsection 67(4)) for hydraulic fracturing activities.
Current exemptions are listed below.
| Title | Notice |
|---|---|
Specification of criteria for granting water extraction licences exceeding 10 years under the Water Act. This addresses 2 parts:
| Gazette G51 of 22 December 2021 PDF (209.8 KB) |
Exemption from requiring a bore work permit for all bores outside of a water control district and for shallow and special purpose bores inside of a water control district. Exemption from the requirement for water extraction licence for low rate general purpose bores outside a water control district. Both of these exemptions do not apply to classes of bores to be used for the beneficial use of petroleum activity and from 1 January 2022 neither exemption will apply to classes of bores to be used for the beneficial use of mining activity. | Gazette G12 of 24 March 2021 |
| Exemption from requiring a water extraction licence to take 5ML/y on a land parcel. Does not apply to the former Darwin rural water control district. | Gazette G13 of 20 June 2024 |
| Exemption from requiring a water extraction licence for road works. | Gazette S60 of 28 November 2008 |
| Exemption from requiring a permit to interfere with a waterway for road drainage works, culverts, bridges, and urban stormwater drainage works and constructed to engineering standard accepted by the relevant public authority, small rural dams, soil conservation and land care activities. | Gazette S35 of 30 June 1992 PDF (247.8 KB) |
| Exemption of a class of interference with the Katherine River and Tindall Creek specific to Katherine Flood Mitigation Works. | Gazette G3 of 20 January 2021 PDF (146.0 KB) |
Don't delete. Check with Beia.
This is the proposed format.
The Administrator has power under the law to exempt certain activities from operating under the Water Act 1992.
On the minister’s recommendation, the Administrator may, by notice in the NT Government Gazette, declare under:
- subsection 40(10): that subsections 40(1) and (3) of the Act don’t apply to interfering with a waterway
- subsection 44(8): that subsections 44(1) and (2) of the Act don’t apply to taking surface water without authorisation
- subsection 47(1): that part 6 of the Act doesn’t apply to a class of bore, drainage water, waste or taking groundwater without authorisation. The power doesn’t apply to groundwater extraction (section 60A) or recharge licences (subsection 67(4)) for hydraulic fracturing activities.
Exemptions
Current exemptions are listed below.
Licence granted for over 10 years
Criteria specifying that a water extraction licence can be granted for over 10 years under the Act.
This addresses criteria for:
- public water supply
- renewal for a licence holder who can show long-term compliance.
Read Gazette G51 of 22 December 2021 PDF (209.8 KB).
Bores outside a water control district
Exemption from needing a bore work permit for all bores outside a water control district. This includes shallow and special purpose bores inside a water control district.
Exemption from needing a water extraction licence for low-rate general purpose bores outside a water control district.
These exemptions don’t apply to classes of bores being used for the beneficial use of petroleum activity. From 1 January 2022, neither exemption will apply to classes of bores being used for the beneficial use of mining activity.
Read Gazette G12 of 24 March 2021 PDF (361.9 KB).
Taking 5 megalitres per year
Exemption from needing a water extraction licence to take 5ML per year on a land parcel. This doesn’t apply to the Darwin rural water control district.
Read the Gazette S109 of 20 December 2018 PDF (176.4 KB).
Road works
Exemption from needing a water extraction licence for road works.
Read the Gazette S60 of 28 November 2008.
Interference with a waterway
Exemption from needing a permit to interfere with a waterway for:
- road drainage works
- culverts, bridges, and urban stormwater drainage works and constructed to engineering standard accepted by the relevant public authority
- small rural dams, soil conservation and land care activities.
Read the Gazette S35 of 30 June 1992 PDF (247.8 KB).
Katherine flood mitigation works
Exemption for a class of interference with the Katherine River and Tindall Creek specific to Katherine flood mitigation works.