Water NSW Regulation Remake feedback form

Introduction

How to fill out this form

The NSW Department of Climate Change, Energy, the Environment and Water is seeking public feedback on the proposed Water NSW Regulation 2026, which will replace the current Water NSW Regulation 2020 when it expires on 1 September 2026.

The Water NSW Regulation supports the operation of the Water NSW Act 2014 by enabling WaterNSW to regulate access to and activities within declared catchment areas in Greater Sydney. This helps to:

ensure safe and high-quality drinking water for over 5.4 million people across Sydney, the Blue Mountains, and the Illawarra
protect critical water infrastructure such as dams, pumping stations, pipes, and canals.

Some changes are proposed that won’t have major impacts on residents, businesses or other stakeholders, and will not affect customer water prices.  

This survey will take approximately 10 minutes to complete. The responses will be used to inform the final Regulation.

To review the proposed changes, visit: WaterNSW Regulation Remake.

Enquiries and assistance: water.enquiries@dcceew.nsw.gov.au

Submissions close at 11:59 pm on 16 March 2026.

Privacy

The department values your input.

If you would prefer your personal details and identifying information to be treated as confidential, please tick the relevant box below.

If you do not request confidentiality, your name and organisation (or suburb/locality) will be included in published submissions.

Please note that, regardless of a request for confidentiality, the department may be required by law to release copies of feedback forms to third parties in accordance with the Government Information (Public Access) Act 2009.

Further information is available in our Privacy statement.

Important information about this form

You cannot save a draft of this form and access it later — you will need to create and submit the form in one session.

After you have submitted your form, a copy of your response will be sent to your email address.

The fields marked with an asterisk * are mandatory and must be completed to submit the form.

If you have any questions about the submission form, please email water.enquiries@dcceew.nsw.gov.au

I would like my personal details to be treated as confidential.

YesNo

Personal details

Given name

Family name

Postal address

Phone number

Email address

Theme 1: Amendments to clarify intent of regulatory provisions.

Please rate the extent to which you agree with the following proposed changes.

	Agree	Neutral	Disagree
Amend the definition of ‘vehicle’ to clearly include bicycles. Bicycles will be subject to the same control and exclusion provisions as other vehicles. This is not a change to policy or practice. Bicycles have historically never been permitted in special areas without consent.
Amend the provision that prohibits damaging, interfering with or removing a plant or part of a plant, whether dead or alive. This makes clear that the collection of firewood is prohibited.
Extend the activities on Crown land and Water NSW land located within declared catchment areas to be regulated or prohibited by erecting a sign or notice, to include the operation of unmanned vehicles (including drones) over land and water within those areas.
Align the activities regulated on Crown and Water NSW land located within declared catchment areas through the use of signs and notices with the activities prohibited on Schedule 1 (no access) and Schedule 2 (restricted access) land.
Controlled areas to be listed in Schedule 1 via a reference to the relevant proclamation in the Gazette, consistent with how special areas are listed in Schedule 2.

Theme 2: Remediation, repair and recovery of costs for illegal activities.

Please rate the extent to which you agree with the following proposed changes.

	Agree	Neutral	Disagree
Enable WaterNSW to be able to direct a person who is responsible for a pollution or contamination incident to remediate the affected area.
Enable WaterNSW to recover any costs incurred during the removal, impoundment, disposal or sale of property (including stock or other animals and things) that is left in an area and are not authorised to be there.

Theme 3: Addressing an incongruency between the Regulation and environmental planning instruments.

Please rate the extent to which you agree with the following proposed changes.

	Agree	Neutral	Disagree
For buildings and structures used for animal management on Schedule 1 (no access) and Schedule 2 (restricted access) land, limit the application of the offence provisions to works undertaken without lawful authority (that is, without a licence, consent or approval).

Theme 4: Ensuring public safety and protection of infrastructure

Please rate the extent to which you agree with the following proposed changes.

	Agree	Neutral	Disagree
Change the classification of the area immediately downstream of the Warragamba Dam and upstream of and including the weir, from a Schedule 2 (restricted access) special area to a Schedule 1 (no access) special area.
Expand the definition of ‘barrier’ so that it covers “any obstruction positioned or created to restrict or obstruct access to all or part of a land”, This will make it an offence to remove, damage or interfere with all fences, locks and chains.
Expand the prohibited activities on Schedule 1 (no access) and Schedule 2 (restricted access) land to persons damaging, defacing, disturbing or interfering with ‘catchment infrastructure works’ (as defined in the Water NSW Act).  This will make it an offence to damage, deface, disturb or interfere with water storages, water mains, connected or associated works and monitoring devices.

Theme 5: Improving public access to, and correctness of, information.

Please rate the extent to which you agree with the following proposed changes.

	Agree	Neutral	Disagree
Require Schedule 1 (no access) areas, and any other areas relying on maps to define restricted areas, to be published on the WaterNSW website rather than having to be physically deposited in the office of WaterNSW.
Enable WaterNSW to remove environmental protection notices from the public register that are no longer in force because they have been withdrawn or revoked.

Theme 6: Penalties and powers of authorised officers

Please rate the extent to which you agree with the following proposed changes.

	Agree	Neutral	Disagree
Amend Schedule 3 to increase the amount payable for all penalty notices.
Remove the provision that allows authorised officers to use ‘reasonable force’ to remove persons who have contravened the Act or Regulation and fail to leave Water NSW land or Crown land after being directed to do so.

Additional comments

Is there anything else you’d like to share about the proposed Water NSW Regulation 2026 or its changes? This could include feedback not covered in the previous questions, views about the Regulatory Impact Statement, general comments and suggestions.

How did you hear about this survey?

Community groupDepartment's websiteEmail or e-newsletter from the department Other

Please specify.

Representative organisation	First Nations person or organisation
Environmental organisation	Local landholder
Local government/utility	NSW Government agency
Other state government	Australian Government
Non-governmental organisation	Other