Document ID: chunk:federal_register_of_legislation:F2024C00951:reg:11
Version: federal_register_of_legislation:F2024C00951
Segment Type: reg
Provision Reference: reg 11
Character Range: 67665–69921

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

Information that is not water information
 (3) 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;
 (vii) a Category L person;
 (viii) a Category M person.
 (6) However, for water information in subcategories 2d and 2e, paragraphs (3)(b) and (c) and subregulation (4) do not apply.

Division 7.2—Giving water information to Bureau

7.04  Initial obligation to give water information held during grace period
 (1) This regulation applies to a person if:
 (a) on or after the commencement of this regulation, the person is specified as a person in a category (the new category) mentioned in an item of the table; and
 (b) during the grace period for the person in respect of the new category, the person has in the person's possession, custody or control water information in a subcategory 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