Background
WaterNSW is responsible for protecting the health of the Greater Sydney catchment area to ensure reliable, quality drinking water is available for the more than 5.4 million people of Sydney and the Illawarra, Blue Mountains, Southern Highlands, Goulburn and Shoalhaven regions.
The Water NSW Regulation is essential for WaterNSW so that it can manage and protect the declared catchment areas and water management works in these areas. The Regulation enables WaterNSW to protect and enhance the quality and quantity of water in declared catchment areas, promote the protection of public health and safety, and protect the environment. It also defines the local councils to which WaterNSW is responsible for supplying water.
Under the staged repeal process in NSW, the Water NSW Regulation 2020 (the 2020 Regulation) is automatically repealed (that is, stops operating) on 1 September 2026 unless replaced by a new Regulation.
The department is proposing to remake the 2020 Regulation by replacing it with the Water NSW Regulation 2026 and would like your feedback.
Timeline
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16 February 2026
Public exhibition starts.
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16 March 2026
Public exhibition ends.
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April–July 2026
What we heard report and revised final Regulation prepared.
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By 1 September 2026
Water NSW Regulation 2026 comes into effect.
About the project
Much of the content of the draft 2026 Regulation is the same as the 2020 Regulation, but some changes are proposed to:
- Modernise and restructure the Regulation and clarify terminology.
- Allow WaterNSW to direct someone to remediate damage they have caused to a special area or controlled area after bringing in a pollutant or contaminant.
- Reclassify the area immediately downstream of Warragamba Dam from a Schedule 2 (restricted access) special area to a Schedule 1 (no access) special area to improve public safety, particularly during water release and spilling events, and protect water supply infrastructure.
- Improve compliance, including increasing penalty notice offence amounts to deter illegal activity.
- Improve public access to information to improve user experience and customer service.
A more detailed list of the proposed changes can be found in the factsheet.
Assistance
If you require assistance in reading these documents, please contact 1300 081 047 or water.enquiries@dcceew.nsw.gov.au
Public information session
You are invited to attend a webinar information session where staff from the department’s Water Group and WaterNSW will provide an update on the staged repeal process and the proposed regulatory changes and answer your questions. It will be recorded and published on our website.
Webinar
Date: Monday, 2 March 2026
Time: 12pm – 1pm
Have your say
Make a submission
If you would like to make an online submission, please click on the 'Have your say' button below.
Submissions will be accepted until 11:59pm Monday 16 March 2026.
We respect your right to privacy. For more information, read our privacy statement.
Frequently asked questions
The Regulation protects the Greater Sydney drinking water catchment, including the quality and quantity of water collected and stored within parts of the catchment that are declared as special areas and the protection of water management works (such as pipelines and canals) in declared controlled areas. It includes provisions that manage people’s access to, and the activities permitted to be undertaken within, those areas and on adjoining lands. It also defines the local councils to which WaterNSW is responsible for supplying water.
All NSW regulations are automatically repealed after 5 years from commencement unless replaced by a new Regulation. This is known as the ‘staged repeal’ process. The staged repeal date for each Regulation can be postponed by a year or more by the Premier if the circumstances warrant it. In the case of Water NSW Regulation 2020, the replacement date was postponed by one year to 1 September 2026 to allow more time for the process to be completed, including stakeholder engagement.
If a new Regulation is not made by this date, the current Regulation lapses and there will be no regulation in place regulating people’s access to and the activities that can be undertaken within the Greater Sydney drinking water catchment.
General information about special areas and controlled areas can be found on the WaterNSW website.
Relatively few changes are proposed that affect the activities being regulated within the special areas and controlled areas.
The proposed Regulation looks different to the existing 2020 Regulation because it reflects the new style of drafting being applied by the NSW Parliamentary Counsel’s Office (the agency responsible for drafting NSW legislation). It has also been restructured so the restrictions that apply to each of the different areas being managed are clearer.
The Proposed Water NSW Regulation 2026 fact sheet provides more information on the proposed changes.
The Regulatory Impact Statement (RIS) accompanying the draft Regulation ensures that the economic and social costs and benefits of the regulatory proposals are examined. This provides the community and the Minister for Water with information outlining how the benefits of the proposed Regulation do not exceed the costs.
Yes, no changes are proposed to the main public access areas near the large dams.
The only substantive change proposed to accessible areas is the area immediately downstream and to the north of the Warragamba Dam wall. The change would extend the ‘no access’ restriction already applying to the south-eastern bank of the Warragamba River (area with blue boundaries) to a similar area on the opposite bank/area and including the river in between (bounded by the yellow line).
This will increase the safety of the public during water releases and uncontrolled spills from the dam and protect water supply infrastructure (such as the base of the dam wall, tunnel, dissipator pool and weir). The area is already relatively inaccessible, so the change won’t affect public access for the vast majority of people.
You are encouraged to have input and submit comments through the online form. All comments will be taken into account and inform drafting of the final Regulation before it is made.