Document ID: chunk:federal_register_of_legislation:F2012L01015:reg:11:p1
Version: federal_register_of_legislation:F2012L01015
Segment Type: reg
Provision Reference: reg 11 (pt 1/14)
Character Range: 27341–30051

11               Water information for flood warning purposes             11a–11c in Part 11 of Schedule 3

Information that is not water information for this Part

 (3) However, the categories in subregulation (1) do not include water information:
 (a) held in a form that is not an electronic format; or
 (b) publicly available on the Bureau's website; or
 (c) collected from a single site for up to 12 continuous weeks; or
 (d) collected solely in order to fulfil a contractual arrangement with a person not specified in regulation 7.02.

 (4) The categories in subregulation (1) also do not include water information in the possession, custody or control of a person specified in regulation 7.02 who:
 (a) is required to give a copy of the water information to the Bureau under Division 7.2; and
 (b) reasonably believes that the water information is already in the Bureau's possession; and
 (c) has notified the Bureau, in writing, of the decision not to provide the information because of that belief.

 (5) The categories in subregulation (1) also do not include water information that is:
 (a) collected solely for a project which the person expects to be of up to 12 months duration; and
 (b) in the possession, custody or control of any of the following persons:
 (i) a Category C person;
 (ii) a Category D person;
 (iii) a Category E person;
 (iv) a Category F person;
 (v) a Category G person;
 (vi) a Category H person.

Division 7.2 Giving water information to Bureau

7.04 Water information held during grace period

 (1) This regulation applies to a person if:
 (a) on or after 5 July 2012, the person is specified as a person in a category mentioned in an item of the table; and
 (b) during the grace period for the person, the person has in the person's possession, custody or control water information that:
 (i) is specified in the item; and
 (ii) has been entered into a data management system.

Item  Category of persons  Subcategories of water information
 1    A and B              1a, 1b, 2a–2c, 3e, 3f, 4a–4j, 5a–5ac, 5b–5i, 6a–6g, 8a and 9a–9h
 2    C                    1a, 1b, 3a–3da, 3f and 4a–4j
 3    D                    3a–3da and 3f
 4    E                    1a, 1b, 2a–2c, 3e, 3f, 4a–4j, 5a–5ac, 5b–5e, 6a–6d and 9a–9h
 5    F                    1a, 1b, 2a–2c, 3e, 3f, 4a–4j, 7a–7pg, 8a and 9a–9h
 6    G                    1a, 1b, 2a–2c, 4a–4j, 9a–9g and 9h

 (2) The person must give a copy of the water information to the Bureau by midday of the 14th day after the grace period for the person ends.

 (3) However, if:
 (a) the person is a Category C person; and
 (b) the water information is collected from a site listed in the document titled Commercially Sensitive