Terms of use

Before using Water Applications Online you must agree to accept our terms of use.

General

By using Water Applications Online application and derivations of it, and the trackNOW app, including any of the content or information they contain as updated from time to time ("Sites"), you agree to the following terms of use ("Terms of Use").

That WaterNSW may, without notice, amend or modify these Terms of Use by posting the amended Terms of Use to these Sites.

You agree to periodically refer to the Terms of Use to ensure that you are aware of any amendments made from time to time. Continued use of the application and derivations of it will indicate your acceptance of the amended Terms of Use.

Service availability

WaterNSW makes no warranties in regard to the availability of services but all reasonable efforts will be made to provide the best possible service to you. Notices regarding planned system outages will be made available on the WaterNSW webpage

Application Number

You can use your Application Number to view your submitted application and to track the progress of your application.

Your Application Number is an important piece of information and it is your responsibility to keep it secure. You agree to:

  • not disclose your Application Number to any other person, including family members;
  • take reasonable care when accessing the service to ensure that your Application Number is not disclosed to any other person; and
  • take every reasonable precaution to prevent the spread or diffusion of any software contamination including computer viruses.

If you suspect that someone may know your Application Number before you have used it to log in to the system, you agree to advise WaterNSW.

Credit card payments

You agree that a payment instruction that is given before the cut-off time for a banking business day will be processed on the same day but if it is given after the cut-off time it may be processed on the next banking business day after the instruction is given.

Should your bank reverse your credit card payment for any reason, the lodgement made in relation to that credit card transaction may also be reversed. This could have implications for the granting or continuation of your licence or approval. You are responsible for ensuring that payments are made only using valid credit cards.

Access to the service

WaterNSW reserves the right to deny or revoke access to the Web site where justified.

Governing law

Your access to and use of the services is governed by the law in force in New South Wales and you agree to submit to the non-exclusive jurisdiction of the courts in that State.

Indemnity and other liability

You agree to indemnify the State of New South Wales (including WaterNSW and its employees and agents from any liability (including liability by reason of negligence) claims, expenses (including legal fees) for any loss, damage, cost or expense which it may suffer as a result of your use of these Sites.

The State of New South Wales (including WaterNSW) and its employees and agents will not be liable to you for any direct, indirect, incidental, special or consequential damages, including but not limited to loss of revenue, profits, savings or data.

If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms of Use, which will continue in full force and effect.

WaterNSW's failure to insist upon or enforce strict performance of any provision of these Terms of Use or to exercise any right under these Terms of Use, will not be construed as a waiver or relinquishment to any extent of WaterNSW's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

Other providers' terms

In addition to these Terms of Use, the policies and terms of 3rd party providers, such as mobile app platform providers, will apply. These providers may include but are not limited to:

Privacy note

The personal information you provide on this form is subject to the Privacy and Personal Information Protection Act 1998. It is being collected by WaterNSW and will be used for purposes related to assessing and processing your application, or in connection with the operation of any licence/approval granted, or for research-related purposes such as customer surveys. It may be used from time to time to contact you about services WaterNSW. WaterNSW will not disclose your personal information to anybody else unless authorised by law. The provision of this information is voluntary. However, if you choose not to provide the requested information we may not be able to process your application. You have the right to request access to, and correct details of, your personal information held by the department. Further information regarding privacy can be obtained from the WaterNSW website https://www.waternsw.com.au/privacy

If a licence/approval is granted, the Water Management Act 2000 requires that various details relating to the approval are to be recorded in the Water Access Licence Register/NSW Water Register kept by the Minister. Information recorded in the register is publicly available.

Offences and suspension or cancellation

It is an offence, under section 344 of the Water Management Act 2000, to make a statement that you know to be false or misleading in, or in connection with, this application. A corporation found guilty of an offence against section 344 is liable to a penalty not exceeding $1.1 million. An individual found guilty of an offence against section 344 is liable to a penalty not exceeding $247,500.

An access licence or approval may be suspended or cancelled under the Water Management Act 2000 in certain circumstances. These include if the holder of the licence or approval is convicted of an offence under that Act.