After regulation 29 of the Principal Regulations , the following regulations are inserted in Part 6:

29A.     Offsets

(1)  For the purposes of paragraph (a) of the definition of offset in section 138 of the Act, each of the following is prescribed:

(a) the establishment of a covenant on land;

(b) activities (which may be, but are not required to be, set out in a plan for the management of natural values) for the purpose of protecting or enhancing the natural values of land, including, but not limited to, the protection, restoration or revegetation of the land;

(c) the monitoring of natural values of land, including, but not limited to, undertaking surveys of natural values.

(2)  For the purposes of subregulation (1)(a) , a covenant includes, but is not limited to –

(a) a covenant in gross registered in accordance with the Conveyancing and Law of Property Act 1884 ; or

(b) a conservation covenant within the meaning of Part 5 of the Nature Conservation Act 2002 .

29B.     Terms of review

(1)  For the purposes of section 165 of the Act, the terms of review, in accordance with which an annual review of the operation of administrative processes under Part 8 of the Act is to be conducted, are as specified in this regulation.

(2)  An annual review is to consist of a review of the operation of administrative processes undertaken, in the year to which the review relates, for the purposes of processing and determining applications for Division 3 permits under Division 3 of Part 8 of the Act.

(3)  An annual review is to begin within 90 days after an annual report is prepared in accordance with section 164ZN of the Act.

(4)  The following matters are to be considered by the Minister in an annual review:

(a) the reasons why particular administrative processes are performed in relation to applications for Division 3 permits under Division 3 of Part 8 of the Act and the determination of such applications;

(b) the simplicity, cost-effectiveness and timeliness of those administrative processes;

(c) what improvements, if any, may be made to those administrative processes.

29C.     Keeping of records and information

(1)  A person who is, or was, entitled to a Division 4 permit in relation to dam works must keep the following records and information until the end of the period of 5 years commencing on the day on which the dam works are completed:

(a) any surveys in relation to the dam works;

(b) any design plans in relation to the dam works;

(c) any reports, in relation to the dam works, that are obtained by the person;

(d) any other information, contained in a document (including an electronic document) that has been prepared or obtained by the person and is relevant in determining whether the person is or was entitled to a Division 4 permit in relation to the dam works.

Penalty:  Fine not exceeding 100 penalty units.

(2)  A person who is, or has been, the holder of a licence must keep, until the end of the period of 5 years after taking water under the licence, records of the quantity of water taken under the licence.

Penalty:  Fine not exceeding 100 penalty units.

(3)  A person, at the request of an authorised officer, must provide to the authorised officer a copy of any records and information that the person is required to keep under subregulation (1) or (2) .

Penalty:  Fine not exceeding 100 penalty units.

(4)  The penalty applicable in respect of an offence against subregulation (3) that is specified in an infringement notice served on a person is –

(a) 2.5 penalty units; or

(b) if the offence is the second offence against the subregulation that is committed by the person within a 12-month period – 5 penalty units; or

(c) if the offence is the third offence against the subregulation that is committed by the person within a 24-month period – 10 penalty units.