Water Sharing Plan for the Barwon-Darling Unregulated and Alluvial Water Sources Amendment Order 2020 (NSW)

Water Sharing Plan for the Barwon-Darling Unregulated and Alluvial Water Sources

Amendment Order 2020

under the

Water Management Act 2000

I, Melinda Pavey, Minister for Water, Property and Housing, in pursuance of section 45 (1) of the Water Management Act 2000, make the following Order to amend the Water Sharing Plan for the Barwon-Darling Unregulated and Alluvial Water Sources 2012.

29th June

Dated	2020
MELINDA PAVEY, MP

Minister for Water, Property and Housing

Explanatory note obtained prior to the making of this Order.

This Order is made under section 45 (1) of the Water Management Act 2000.
The object of the Order is to amend the Water Sharing Plan for the Barwon-Darling Unregulated and
Water Sharing Plan for the Barwon-Darling Unregulated and Alluvial Water Sources

Amendment Order 2020

under the

Water Management Act 2000

1              Name of Order

This Order is the Water Sharing Plan for the Barwon-Darling Unregulated and Alluvial Water

Sources Amendment Order 2020.

2              Commencement

This Order commences on 1 July 2020.
Schedule 1 Amendment of Water Sharing Plan for the Barwon-Darling Unregulated and
Alluvial Water Sources 2012

[1]       Part 1 Introduction

Omit the note. Insert instead:

Notes.

1	Part 12 allows for amendments to be made to Part 1.
2	In accordance with section 48 of the Water Management Act 2000, the Minister must take all reasonable steps to give effect to the provisions of this Plan when exercising functions under the Act.
3	In accordance with section 49 of the Water Management Act 2000, public authorities must also have regard to the provisions of this Plan to the extent they apply to the public authority.
4	The Minister may amend this Plan at any time under section 45 of the Water Management Act 2000, including if satisfied it is in the public interest to do so, or in such circumstances, in relation to such matters and to such extent as Part 12 of this Plan provides.

[2]       Clause 1 Name of this Plan

Omit “and Alluvial Water Sources”. Insert instead “River Water Source”.

[3]       Clause 3 Commencement of this Plan

Omit the clause. Insert instead:

(1) This Plan commences on 4 October 2012.

Notes.

1 In accordance with section 43 of the Act, this Plan will have effect for 10 years from 1 July 2013.

2 The Minister may extend this Plan for a further period of 10 years after it is due to expire, in accordance with section 43A of the Act.

3       Under the Intergovernmental Agreement on Implementing Water Reform in the Murray-Darling Basin and the associated National Partnership Agreement, NSW has agreed to develop water resource plans for Murray-Darling Basin water resources consistent with the requirements for the Basin Plan. This Plan was amended in 2020, partly to meet NSW commitments under these agreements. Certain provisions of this Plan form part of the water resource plan for the Barwon-Darling Watercourse water resource plan area.

4       Basin Plan is defined in the Dictionary.

(2) Despite subclause (1), the following provisions of this Plan commence on 1 December

2020:

(a)	subclauses 42A (2) and (3),
(b)	clause 43,

(c) subclause 46 (1),

(d)	subclauses 47 (4) and (5),
(e)	subclause 49A (4), and
(f)	clause 52A.
Notes.

1        This means that the rules to protect Active Environmental Water will not commence until 1 December 2020.

2        Active Environmental Water is defined in the Dictionary.

[4]       Clause 4 Application of this Plan

Omit the clause. Insert instead:

(1) This Plan applies to the Barwon-Darling Unregulated River Water Source within the Border Rivers Water Management Area, the Central West Water Management Area, the Gwydir Water Management Area, the Namoi Water Management Area and the

Western Water Management Area (hereafter the water source).

Note. The Border Rivers Water Management Area, the Central West Water Management Area, the Gwydir Water Management Area, the Namoi Water Management Area and the Western Water Management Area were constituted by Ministerial order made under section 11 of the Water Management Act 2000 published in the NSW Government Gazette No 180 on 23 November 2001 at page 9389.

(2)	The water source is shown on the Plan Map called Plan Map (WSP022_Version 2),
Water Sharing Plan for the Barwon-Darling Unregulated River Water Source 2012
(hereafter the Plan Map) held by the Department.
Note. The Plan Map is part of this Plan and is available on the NSW Legislation website. An overview of the Plan Map is shown in Appendix 1.
(3)	The water source includes all water:
(a) occurring naturally on the surface of the ground within the boundaries of the water

source as shown on the Plan Map,

(b) in rivers, lakes and wetlands within the boundaries of the water source as shown

on the Plan Map,

(c) between the bed and banks of those sections specified in Column 2 of Schedule 1

of the respective water courses specified in Column 1 of Schedule 1, and

(d) taken in the course of floodplain harvesting under a floodplain harvesting access

licence with a share component that specifies the water source.

Notes.
1	This Plan, as amended by the Water Sharing Plan for the Barwon-Darling Unregulated and Alluvial Water Sources Amendment Order 2020, does not apply to the Upper Darling Alluvial Groundwater Source. The Water Sharing Plan for the Darling Alluvial Groundwater Sources 2020 applies to that water source.
2	Floodplain harvesting is defined in the Dictionary.

[5]       Clause 5 Management zones

Omit “Barwon-Darling Unregulated River Water Source” from subclause (1). Insert instead

“water source”.

[6]       Clause 6 River sections

Omit “Barwon-Darling Unregulated River Water Source” from subclause (1). Insert instead
“water source”.

[7]       Clause 6 (1) (a) – (d)

Insert “(1)” after “clause 5”.

[8]       Clause 8 Interpretation

Insert after subclause (4):

(4A)	The Plan Map forms part of this Plan.
(4B)	A number in brackets following the name of a gauge is the gauge number.

[9]       Part 2 Vision, objectives, strategies and performance indicators

Omit the Part. Insert instead:

Part 2 Vision, objectives, strategies and performance indicators

Notes.

1	This Part is made in accordance with section 35 (1) of the Act.
2	This Part describes broad objectives, which are the long term outcomes sought by this Plan and are not

directly measured but evaluated by considering the cumulative achievement of the associated targeted

objectives. Targeted objectives described in this Part are specific outcomes that can be achieved by the

strategies in this Plan and can be directly measured so that success or failure to achieve the objective can

be quantified.

8A Acknowledgement

Respect is paid to the traditional owners of this country, who are acknowledged as the first natural resource managers within the Border Rivers Water Management Area, the Central West Water Management Area, the Gwydir Water Management Area, the Namoi Water

Management Area and the Western Water Management Area.

9            Vision statement

The vision for this Plan is to provide for the following:

(a) the health and enhancement of the water source and its water-dependent

ecosystems,

(b)	the continuing productive extraction of surface water for economic benefit,
(c)	the spiritual, social, customary and economic benefits of surface water to

Aboriginal communities,

(d) social and cultural benefits to urban and rural communities that depend on surface

water.

10          Environmental objectives

(1)         The broad environmental objective of this Plan is to protect, and contribute to the

enhancement of, the ecological condition of the water source and its water-dependent

ecosystems over the term of the Plan.

Note. The ecological condition of the water source will be assessed by reference to the condition of high

ecological value aquatic ecosystems, target species, communities, populations and key ecosystem

functions as defined in the MER plan for the water source. Water-dependent ecosystems in the water

source include instream, riparian and floodplain ecosystems.

(2)         The targeted environmental objectives of this Plan are as follows:

(a) to protect, and, contribute to the enhancement of, the

following over  the term of this Plan:

(i)          the recorded distribution or extent, and population structure, of target

ecological populations,

Notes.

1	Target ecological populations is defined in the Dictionary.
2	Target ecological populations in the water source may include known or

predicted populations of the following:

(a) native fish including golden perch, silver perch, eel-tailed catfish,

Murray cod and olive perchlet,

(b) native vegetation including river red gum woodland, black box-

coolibah woodland, Marsh club rush and carbeen open forest,

(c) high diversity hotspots and significant habitat for native fish,

frogs, waterbirds and native vegetation communities.

3            Measures of population structure may include the abundance or spatial extent

of a species, different age classes or life stages within a species population, or

measures that describe the health and condition of species or populations.

(ii)         the longitudinal and lateral connectivity within the water source and

between the water source and other water sources to support target

ecological processes,

Notes.

1 Longitudinal connectivity means flows along the length of the river and between hydrologically connected rivers. Lateral connectivity means flows between the river and its

anabranches, riparian zones, wetlands and floodplains.

2            Target ecological processes in the water source include fish movement across significant barriers, as identified by NSW Department of Primary Industries (Fisheries) and described in

the MER plan for the water source.

3            Connectivity may be within the water source or between the

water source and other water sources.

(iii)        water quality within target ranges for the water source to support

water-dependent ecosystems and ecosystem functions, and

Note. Water quality target ranges for the water source are defined in

the Water Quality Management Plan for the Barwon-Darling
Watercourse Water Resource Plan Area SW12 and the NSW State

Water Quality Assessment and Monitoring Plan.

(b) to support water-dependent ecosystem functions within the water source by

protecting environmental watering events that have originated in upstream

water sources.

Note. Environmental watering events that contribute to the water source may

include Environmental Water Allowance (EWA) and other environmental
water releases that are managed in accordance with the upstream water

sharing plans where the water originates.

(3)	The strategies for reaching the targeted environmental objectives of this Plan are as
follows:
(a) establish and maintain compliance with a long-term average annual

extraction limit and a long-term average sustainable diversion limit,

Note. Part 6 of this Plan sets out the provisions for maintaining compliance

with the long-term average annual extraction limit and the long-term average

sustainable diversion limit.

(b) restrict the take of water to protect Active Environmental Water and to

restore connectivity within and between water sources following an extended

dry period,

Notes.

1	Active Environmental Water is defined in the Dictionary.
2	The provisions in clause 46, 47 and 50 protect Active Environmental Water and restrict access for consumptive use following extended dry periods. These provisions contribute to the objectives in subclause

(2).

(c) reserve a portion of flows to partially mitigate alterations to natural flow

regimes in the water source,

Notes.

1	Flow regimes is defined in the Dictionary.
2	The provisions in Division 2 of Part 8 of this Plan establish flow

classes that manage the take of water.

(d) reserve a portion of flows to maintain longitudinal connectivity within and

between the water source and other connected water sources.

Note. The provisions in Division 2 of Part 8 of this Plan ensure that low

flows are protected from extraction.

(4)

The performance indicator used to measure the success of the strategies for reaching

the broad environmental objective in subclause (1) is an evaluation of the extent to

which the combined outcomes of the targeted objectives in subclause (2) have

contributed to achieving the broad objective.

(5)

The performance indicators used to measure the success of the strategies for reaching

the targeted environmental objectives in subclause (2) are the changes or trends in

ecological condition during the term of this Plan, as assessed using one or more of the

following:

(a)	the recorded range, extent or condition of target ecological populations,
(b)	measurements of fish movements through priority fish passage areas,
(c)	the recorded values of water quality measurements including salinity,

turbidity, total nitrogen, total phosphorous, pH, water temperature and

dissolved oxygen.

(6)	In evaluating the effectiveness of the strategies in meeting the objectives in this
clause, the following will be relevant:
(a) the extent to which the strategies in subclause (3) and provisions in this Plan

have been implemented and complied with,

(b) the extent to which changes in the performance indicators can be attributed to

the strategies in subclause (3) and provisions in this Plan,

(c) the extent to which the strategies in subclause (3) support achievement of the

environmental objectives,

(d) the extent to which external influences on the water source during the term of

this Plan have affected progress toward achieving the environmental

objectives.

Note. External influences may include climate trends, land use patterns,

decisions made by the NSW Environmental Water Manager and other factors.

11          Economic objectives

(1)         The broad economic objective of this Plan is to maintain, and where possible improve

access to water to optimise economic benefits for agriculture, surface water-

dependent industries and local economies.

(2)         The targeted economic objectives of this Plan are as follows:

(a) to maintain, and where possible improve, water trading opportunities for

surface water-dependent businesses,

Note. Trading is a generic term referring to dealings under Division 4 of Part

2 of Chapter 3 of the Act.

(b) to maintain, and where possible improve, access to water up to the long-term

average sustainable diversion limit for agriculture, surface water-dependent

businesses, and landholders,

(c) to contribute to maintaining water quality within target ranges for agriculture,

surface water-dependent businesses and landholders.

(3)	The strategies for reaching the targeted economic objectives of this Plan are as
follows:
(a) provide for trade of water allocations and share components, subject to

environmental constraints,

Note. The provisions in Part 10 of this Plan permit a variety of dealings

within environmental constraints, including assignment of rights under

access licences and assignment of water allocations between access licences.

(b) provide a stable and predictable framework for sharing water among water

users,

Note. The compliance with extraction and diversion limit provisions in Part 6

of this Plan and the flow class and access provisions in Part 8 of this Plan
provide certainty in how water access will be shared between different

categories of access licences.

(c) provide flexibility of access to water,

Note. The individual account management provisions in clause 42 of this

Plan, including the limit on the volume of water that can be taken in any water year or over three consecutive water years and the amount of water that may be carried over from one water year to the next, provide flexibility that

reflects the characteristics of the licence category.

(d) manage extractions to the long-term extraction limit and the long-term

average sustainable diversion limit.

Note. Part 6 of this Plan manages the extraction of water within the long-term

average annual extraction limits and the long-term average sustainable

diversion limits.

(4)

The performance indicator used to measure the success of the strategies for reaching

the broad economic objective in subclause (1) is an evaluation of the extent to which

the combined outcomes of the targeted economic objectives in subclause (2) have

contributed to achieving the broad objective.

(5)

The performance indicators used to measure the success of the strategies for reaching

the targeted economic objectives in subclause (2) are the changes or trends economic

benefits during the term of this Plan, as assessed using one or more of the following:

(a)	the economic benefits of water extraction and use,
(b)	the economic benefits of water trading as demonstrated by:

(i)          the annual number or volume of share components of access licences

transferred or assigned,

(ii)         the weighted average unit price of share components of access

licences transferred or assigned,

Note. Weighted average unit price is defined in the Dictionary.

(iii)        the annual volume of water allocations assigned,

(iv)        the weighted average unit price of water allocations assigned.

(c) the recorded values of water quality measurements including salinity, sodium

adsorption ratio, harmful algal blooms, total nitrogen, total phosphorus, pH

and dissolved oxygen.

(6)	In evaluating the effectiveness of the strategies in meeting the objectives of this
clause the following will be relevant:
(a) the extent to which the strategies in subclause (3) and provisions in this Plan

have been implemented and complied with,

(b) the extent to which the changes in the economic benefits of surface water

extraction and use can be attributed to the strategies in subclause (3) and

provisions in this Plan,

(c) the extent to which the strategies in subclause (3) support achievement of the

economic objectives,

(d) the extent to which external influences on surface water-dependent

businesses during the term of this Plan have affected progress toward

achieving the economic objectives.

Note. External influences may include trends in urban, agricultural and

industrial development, energy costs, commodity prices, interest rates,

technology advances, climate or changes in industry policy or regulation.

12          Aboriginal cultural objectives

(1)         The broad Aboriginal cultural objective of this Plan is to maintain, and where

possible improve, the spiritual, social, customary and economic values and uses of

water by Aboriginal people.

(2)         The targeted Aboriginal cultural objectives of this Plan are as follows:

(a) to provide access to water in the exercise of native title rights,

(b)	to provide access to water for Aboriginal cultural use, including fishing,
(c)	to protect, and where possible improve, identified surface water-dependent

culturally significant areas, including important riparian vegetation

communities,

(d) to contribute to the maintenance of water quality within target ranges to

ensure suitability of water for Aboriginal cultural use.

(3)

The strategies for reaching the targeted Aboriginal cultural objectives of this Plan are

as follows:

(a)	manage access to water consistently with the exercise of native title rights,
(b)	provide for water associated with Aboriginal cultural values and uses,

Note. The provisions in Part 7 of this Plan provide opportunities for

Aboriginal people to access water by allowing for the granting of an access

licence of the subcategory ‘Aboriginal cultural’.

(c) reserve a portion of flows to partially mitigate alterations to natural flow

regimes in the water source,

(d) restrict the take of water to protect Active Environmental Water and to restore connectivity within and between water sources following an extended

dry period,

Note. The provisions in clause 46, 47 and 50 protect Active Environmental

Water and restrict access for consumptive use following extended dry periods.

These provisions contribute to the objectives in subclause (2).

(e) reserve a portion of flows to maintain longitudinal connectivity within and between the water source, and between the water source and other connected

water sources.

(4)	The performance indicator used to measure the success of the strategies for reaching the broad Aboriginal cultural objective in subclause (1) is an evaluation of the extent to which the combined outcomes of the targeted Aboriginal cultural objectives in
subclause (2) have contributed to achieving the broad objective.
(5)	The performance indicators used to measure the success of the strategies for reaching the targeted Aboriginal cultural objectives in subclause (2) are the changes or trends in Aboriginal cultural benefits during the term of this Plan, as assessed using one or
more of the following:
(a) the use of water by Aboriginal people by measuring factors including:

(i)          the extent to which native title rights are capable of being exercised, consistently with any determination of native title or indigenous land

use agreement,

(ii)         the extent to which access to water has contributed to achieving

Aboriginal cultural outcomes,

(b)	the recorded range or extent of target populations of native fish,
(c)	the recorded range or condition of target populations of riparian vegetation,
(d)	the recorded values of water quality measurements including salinity, harmful algal blooms, total nitrogen, total phosphorous, pH, water

temperature and dissolved oxygen.

(6)	In evaluating the effectiveness of the strategies in meeting the objectives in this
clause, the following will be relevant:
(a) the extent to which the strategies in subclause (3) and provisions in the Plan

have been implemented and complied with,

(b) the extent to which changes in the performance indicators can be attributed to

the strategies in subclause (3) and provision in this Plan,

(c) the extent to which the strategies in subclause (3) support achievement of the

Aboriginal cultural objectives,

(d) the water made available for Aboriginal cultural values and uses during the

term of this Plan through available water determinations and the granting of

new access licences,

(e) the extent to which external influences on surface water-dependent

Aboriginal cultural activities during the term of this Plan have affected

progress toward achieving the Aboriginal cultural objectives.

Note. External influences can include trends in Aboriginal cultural activity,

urban, agricultural and industrial development, climate or changes in policy

or regulation.

12A	Social and cultural objectives
(1)	The broad social and cultural objective of this Plan is to provide access to surface
water to support surface water-dependent social and cultural values.
(2)	The targeted social and cultural objectives of this Plan are to maintain, and where
possible, improve the following:
(a) access to water for basic landholder rights, town water supply and licensed

domestic and stock purposes,

(b) access to surface water for water-dependent cultural, heritage and recreational

uses, including recreational fishing,

(c) water quality within target ranges for basic landholder rights, town water

supply, domestic and stock purposes and surface water-dependent cultural,

heritage and recreational uses, including recreational fishing.

(3)	The strategies for reaching the targeted social and cultural objectives of this Plan are
as follows:
(a) provide access to water for basic landholder rights, town water supply, and

for licensed domestic and stock purposes,

(b) restrict the take of water to protect Active Environmental Water and to

restore connectivity within and between water sources following an extended

dry period,

Note. The provisions in clauses 46, 47 and 50 protect Active Environmental

Water and restrict access for consumptive use following extended dry periods.

(c) reserve a portion of flows to partially mitigate alterations to natural flow

regimes in the water source,

(d) reserve a portion of flows to maintain longitudinal connectivity within the

water source, and between the water source and other connected water

sources.

Note. The provisions in clauses 46, 47 and 50 protect Active Environmental

Water and restrict access for consumptive use following extended dry periods.

(4)	The performance indicator used to measure the success of the strategies for reaching
the broad social and cultural objective in subclause (1) is an evaluation of the extent
to which the combined outcomes of the targeted social and cultural objectives in
subclause (2) have contributed to achieving the broad objective.
(5)	The performance indicators used to measure the success of the strategies for reaching
the targeted social and cultural objectives in subclause (2) are the changes or trends in
social and cultural benefits during the term of this Plan, as assessed using one or more
of the following:
(a) the social and cultural uses of water during the term of this Plan, by

measuring factors including:

(i)          the extent to which basic landholder rights and licensed domestic and

stock requirements have been met, and

(ii)         the extent to which major utility access licence and local utility

access licence requirements have been met,

(b) the recorded range or extent of target populations of native fish that are

important for recreational fishing,

(c) the recorded takes of native fish that are important for recreational fishing

within legal age and size classes,

(d) the recorded values of water quality measurements including salinity,

harmful algal blooms, total nitrogen, total phosphorus, pH, water temperature

and dissolved oxygen.

(6)	In evaluating the effectiveness of the strategies in meeting the objectives in this
clause, the following will be relevant:
(a) the extent to which the strategies in subclause (3) and provisions in this Plan

have been implemented and complied with,

(b) the extent to which changes in the performance indicators can be attributed to

the strategies in subclause (3) and provision in this Plan,

(c) the extent to which the strategies in subclause (3) support achievement of the

social and cultural objectives,

(d) the extent to which external influences on surface water-dependent social and cultural activities during the term of this Plan have affected progress toward

achieving the social and cultural objectives.

Note. External influences may include trends in urban, agricultural and

industrial development, social or cultural behaviour, climate, or changes in

policy or regulation.

[10]       Clause 13 Bulk access regime

Omit “these water sources” wherever occurring. Insert instead “the water source”.

[11]       Clause 13 (2) (a)

Omit “Division 1 of”.

[12]       Clause 13 (2) (b)

Omit “Division 2 of”.

[13]       Clause 13 (2) (d)

Omit “reductions” and insert instead “reduction”.

[14]       Clause 13 (2) (d)

Omit “, contained in Division 1 of Part 6 of this Plan,”. Insert instead “and long-term average sustainable diversion limit, contained in Part 6 of this Plan,”.

[15]       Clause 14 Climactic variability

Omit the clause. Insert instead:

This Plan recognises the effects of climatic variability on river flow in the water source by

having provisions that:

(a) manage the sharing of water in the water source within the limits of water availability on a long-term average annual basis and the priorities according to which water allocations are to be adjusted as a consequence of any reduction in the availability of water due to an increase in average annual extraction against the long-term average annual extraction limit and long-term average sustainable

diversion limit, contained in Part 6 of this Plan, and

(b) manage the sharing of water on a daily basis, contained in Part 8 of this Plan.

Note. Other statutory tools are available to manage for climatic variability within a water source, for example, temporary water restrictions under section 324 of the Act.

[16]       Part 4 Planned environmental water provisions

Omit the notes. insert instead:

Note. This Part is made in accordance with section 8 of the Act.

[17]       Clause 15 General

Omit “these water sources”. Insert instead “the water source”.

[18]       Clause 16 Commitment and identification of planned environmental water

Omit “these water sources” wherever occurring. Insert instead “the water source”.

[19]       Clause 17 Establishment and maintenance of planned environmental water

Omit the clause. Insert instead:

17	Establishment and maintenance of planned environmental water
(1)	This Plan establishes planned environmental water in the water source as follows:

(a) the physical presence of water resulting from the access rules specified in Part

8 of this Plan,

Note. The rules in Part 8 of this Plan set flow rates or flow levels below which the taking of water is not permitted. Some limited exemptions apply.

(b) the long-term average annual commitment of water as planned environmental water resulting from compliance with the long-term average annual extraction

limit and long-term average sustainable diversion limit as specified in Part 6,

(c) the water remaining after water has been taken under basic landholder rights and for sharing and extraction under any other rights under the Act in

accordance with the rules specified in Parts 6 and 8 of this Plan.

(2)	The planned environmental water established under subclause (1) (a) is maintained by
the rules specified in Part 8 of this Plan.
(3)	The planned environmental water established under subclause (1) (b) is maintained in
by the provisions specified in Part 6 of this Plan.
(4)	The planned environmental water established under subclause (1) (c) is maintained by
the provisions specified in Parts 6 and 8 of this Plan.
Note. The provisions in Part 6 ensure that there will be water remaining in the water source over the long-term by maintaining compliance with the long-term average annual extraction limit and the long-term average sustainable diversion limit. The provisions in Part 6 provide for a reduction in available water determinations when either the long-term average annual extraction limit or the long-term average sustainable diversion limit has been assessed to have been exceeded.

[20]       Clause 18 Application

Omit “these water sources” wherever occurring. Insert instead “the water source”.

[21]       Clause 18 (3)

Omit “Division 1 of”.

[22]       Clause 18 (3), note

Insert “access” after “utility” in (b).

[23]       Clause 19 Domestic and stock rights

Omit the clause. Insert instead:

19 Domestic and stock rights

The water requirements of persons entitled to domestic and stock rights in the water source are estimated to total 824 megalitres per year (hereafter ML/year).

Notes.

1	Domestic and stock rights are set out in Division 1 of Part 1 of Chapter 3 of the Act and must be exercised in accordance with any mandatory guidelines established under the Act with respect to the taking and use of water for domestic consumption or stock watering.
2	Inherent water quality and land use activities may make the water in some areas unsuitable for human consumption. Water from the water source should not be consumed without first being tested and if necessary, appropriately treated. Such testing and treatment are the responsibility of the water user.

[24]       Clause 20 Native title rights

Omit the clause. Insert instead:

20 Native title rights

The requirement for water to satisfy native title rights is the water that may be taken in the exercise of native title rights in accordance with the Native Title Act 1993 of the

Commonwealth, including: 

(a)  the native title determination for the Barkandji Traditional Owners #8 (Parts A and B,

National Native Title Tribunal references NCD2015/001 and NCD2017/00),

(b)	any other determination of native title,
(c)	any indigenous land use agreement.
Notes.

1         A map of the native title determination area can be viewed by search the National Native Title Tribunal website at

2         This Plan may be amended if there is an additional or change to a native title determination in accordance with the Native Title Act 1993 of the Commonwealth by which water is required.

3         This Plan may be amended if consultation with native title holders identifies more specific requirements to water to satisfy native title rights.

4         Native title rights may be exercised in accordance with the Native Title Act 1993 of the Commonwealth, including section 211 of that Act.

[25]       Clause 21 Harvestable rights

Omit “these water sources”. Insert instead “the water source”.

[26]       Part 5, Division 3 Requirements for water for extraction under access licences

Omit the Division. Insert instead:

22 Share components of domestic and stock access licences

It is estimated that the share components of domestic and stock access licences authorised to

take water from the water source total 967.5 ML/year.

23 Share components of local water utility access licences

It is estimated that the share components of local water utility access licences authorised to

take water from the water source total 5,373 ML/year.

24 Share components of supplementary water (Aboriginal environmental) access

licences

It is estimated that the share components of supplementary water (Aboriginal environmental)

access licences authorised to take water from the water source total 0 ML/year.

25          Share components of unregulated river access licences

It is estimated that the share components of unregulated river access licences authorised to

take water from the water source total 1488 unit shares.

26          Share components of unregulated river (A Class) access licences

It is estimated that the share components of unregulated river (A Class) access licences

authorised to take water from the water source total 9,856 unit shares.

27          Share components of unregulated river (B Class) access licences

It is estimated that the share components of unregulated river (B Class) access licences

authorised to take water from the water source total 133,069 unit shares.

28          Share components of unregulated river (C Class) access licences

It is estimated that the share components of unregulated river (C Class) access licences

authorised to take water from the water source total 45,746 unit shares.

29-30 (Repealed)

31          Amendment of share components of access licences

(1)	Subject to subclause (2), the Minister may amend the share component of an access licence under section 68A of the Act to increase it following a recalibration of the hydrologic computer model that at the time is approved by the Department for
assessing long term extraction from the water source.
(2)	The Minister may not amend the share component of an access licence under subclause (1) unless the Minister is satisfied that the sum of amended share components of unregulated river (A Class) access licences, unregulated river (B Class) access licences and unregulated river (C Class) access licences in the water source will equal the long- term average annual extractions for irrigation that would have occurred under the long-
term average annual extraction limit conditions specified in clause 33 (2).
(3)	An amendment under this clause must maintain the weighting of active Annual Volumetric Limit to inactive Annual Volumetric Limit of 2.25:1 that was applied when Annual Volumetric Limits were converted to Barwon-Darling Cap-compliant shares as
determined by the Minister. For the purpose of this paragraph:
(a) active is the average annual extraction under a Water Act 1912 entitlement

between 1995/96 and 2004/5 with appropriate adjustment for years with zero

extraction, as determined by the Minister, and

(b) inactive is the difference between the Water Act 1912 entitlement’s Annual

Volumetric Limit and active.

Note. Adjustments made to share components under this clause will be
consistent with the method for converting Annual Volumetric Limits to Barwon-
Darling Cap-compliant shares as agreed to in the Heads of Agreement for the

Barwon-Darling River System regarding proposed management actions to

comply with the Murray-Darling Basin Cap on Diversions.

[27]       Part 6 Limits to the availability of water

Omit the Part. Insert instead:

Part 6 Limits to the availability of water

Note. This Part sets out the rules for managing the availability of water for extraction in accordance with the following long-term limits on extraction:

(a)	a long-term average annual extraction limit,
(b)	a long-term average sustainable diversion limit.

Division 1  Calculations under this Part

32  Exclusions, inclusions and variations in calculations

(1)  This clause applies to the calculation of the following:

(a)	the long-term average annual extraction limit under clause 33,
(b)	the average annual extraction under clause 34,
(c)	the annual permitted take under clause 35B,
(d)	the annual actual take under clause 35B.

Note. Annual permitted take and annual actual take are defined in the Dictionary.

(2)	The calculations by the Minister to which this clause applies must:
(a) exclude the following:

(i)       allocations assigned from an access licence in the water source to an access licence in a water source other than the water source, under section

71T of the Act,

(ii)      in relation to average annual extraction under clause 34 only, water committed as licensed environmental water under section 8F of the

Act, and

(b) include allocations assigned to an access licence in the water source from an access licence in a water source other than the water source, under section 71T of

the Act.

(3)	The calculation by the Minister of the long-term average annual extraction limit under
clause 33 must be adjusted by a volume that appropriately reflects the following:
(a) the share components of water access licences in the water source that are

subject to a dealing under section 71U of the Act,

(b) any change to the amount of water committed as licensed environmental water

under section 8F of the Act.

Division 1A Long-term average annual extraction limit

33          Calculation of the long-term average annual extraction limit

(1)	Following the end of each water year, the Minister must calculate the long-term
average annual extraction limit for the water source in accordance with this clause.
(2)	The long-term average annual extraction limit for the water source is the long-term average annual extraction from the water source that would occur under Cap baseline conditions as agreed under the Murray-Darling Basin Agreement at the commencement
of this Plan.
Notes.
1 At the commencement of this Plan, an assessment of the long-term average annual extraction that would occur under the conditions specified in subclause (2) is 223 gigalitres per year. The component of this long-term average annual extraction that would be taken by irrigation and industry under the conditions specified in subclause (2) has been assessed using the Barwon-Darling IQQM computer model with system file LT92_30.sqq. This computer model indicates a long-term average annual extraction volume of 214 gigalitres per year (189

gigalitres from ‘within channel’ extractions). This figure may change if the

Barwon-Darling Cap IQQM is recalibrated with new observed data as a result of more accurate metering data.

2         The long-term average annual extraction limit recognises the effect of known climatic variability on the availability of water, in accordance with section 20 (2) (c) of the Act, as historic climate and river flow information is used in its determination.

3 Under section 8F of the Act the long-term average annual extraction limit is to be varied by any change to licensed environmental water, excluding water committed under section 8C of the Act. Supplementary water (Aboriginal environmental) access licences will be prescribed as licensed environmental water under section 8 of the Act. Water committed as licensed environmental water is not to be accounted for as extraction.

4         Cap baseline conditions is defined in the Dictionary.

(3)	For the purposes of subclause (2), the long-term average annual extraction limit is to be calculated over the duration of available water climate records using the hydrological
computer model approved by the Minister.

34          Calculation of average annual extraction

The Minister, using the hydrological computer model approved by the Minister, is to calculate the average annual extraction following the end of each water year, calculated over the

duration of available climate records and based on the following:

(a) the take of water by basic landholder rights and all access licences under the water storages, water use development that existed in that water year and the current rules in

this Plan,

(b) the level of development for plantation forestry in that water year,

Note. Plantation forestry is defined in the Dictionary.

(c) the level of development for floodplain harvesting that existed in that water year in

conjunction with extractions under an access licence in the water source.

35          Assessment of compliance with the long-term average annual extraction limit

(1)	Following the calculations under clauses 33 and 34, the Minister is to compare average annual extraction calculated under clause 34 against the long-term average annual
extraction limit.
(2)	There is non-compliance with the long-term average annual extraction limit if average
annual extraction exceeds the long-term average annual extraction limit by 3% or more.
Division 1B	Long-term average sustainable diversion limit

Note. Barwon-Darling Watercourse SDL resource unit is defined in the Dictionary.

35A	Calculation of the long-term average sustainable diversion limit
(1)	Subject to any variation in accordance with subclause (2), the long-term average
sustainable diversion limit for the water source is:
(a) the baseline diversion limit for the Barwon-Darling Watercourse SDL resource

unit determined under Schedule 3 of the Basin Plan, minus

(b)	32,000 ML/year, minus
(c)	the shared reduction amount for the Barwon-Darling Watercourse SDL resource

unit as determined under section 6.05 of the Basin Plan.

(2)

The long-term average sustainable diversion limit is to be varied as determined under

Chapter 7 of the Basin Plan.

Notes.

1	Baseline diversion limit is defined in the Dictionary.
2	The subtraction of 32,000 ML/year and the SDL resource unit shared reduction amount is prescribed in Schedule 2 of the Basin Plan.

35B

Calculation of annual permitted and annual actual take for the water year

(1)

Following the end of each water year, the Minister is to calculate the annual permitted
take and annual actual take of water for the previous water year in accordance with

Division 2 of Part 4 of Chapter 6 of the Basin Plan.

(2)

For the purposes of the calculation, references to the SDL resource unit in Division 2 of

Part 4 of Chapter 6 of the Basin Plan are taken to be references to the water source.

Notes.

1	Under the Basin Plan take of licensed environmental water and under licences held by the Commonwealth Environmental Water Holder are not included in the calculation as they fall outside the definition of take for consumptive use.
2	Consumptive use and take are defined in section 4 of the Water Act 2007 of the Commonwealth.

35C

Assessment of compliance with the long-term average sustainable diversion limit

(1)

Following the calculation under clause 35B after the end of each water year, the Minister is to undertake an assessment of compliance with the long-term average sustainable diversion limit in accordance with the requirements of Division 2 of Part 4

of Chapter 6 of the Basin Plan.

(2)

There is non-compliance with the long-term average sustainable diversion limit in the

circumstances set out in Division 2 of Part 4 of Chapter 6 of the Basin Plan.

Division 1C

Compliance with extraction and diversion limits

36          Action following non-compliance

(1)	Pursuant to section 58 (4) of the Act, this Plan amends the relative priorities of the categories of unregulated river access licences, unregulated river (A Class) access licences, unregulated river (B Class) access licences, unregulated river (C Class) access
licences and supplementary water (Aboriginal environmental) access licences to the extent necessary to make the reductions to available water determinations as set out in
this clause.
(2)	Subject to subclause (4) and (5), if an assessment under clauses 35 or 35C demonstrates that there is non-compliance with either the long-term average annual extraction limit or the long-term average sustainable diversion limit, the Minister is to reduce the sum of available water determinations that is permitted to be made in accordance with clause 38 for unregulated river (A Class) access licences, unregulated river (B Class)
access licences and unregulated river (C Class) access licences.
(3)	The Minister may take action as specified in subclause (2) if an assessment under clause 35C would have demonstrated non-compliance with the long-term average sustainable diversion limit but for there being a reasonable excuse, as provided for in
Division 2 of Part 4 of Chapter 6 of the Basin Plan.
(4)	An action under subclause (2) and (3) is to be taken to the extent to which, and only for
as long as, the Minister considers the following necessary:
(a) in the case of non-compliance with the long-term average annual extraction

limit— to return average annual extraction in the water source to the long-term

average annual extraction limit,

(b) in the case of non-compliance with the long-term average sustainable diversion

limit— to meet the requirements of Division 2 of Part 4 of Chapter 6 of the

Basin Plan,

(c) in the case where non-compliance with the long-term average sustainable

diversion limit would have occurred but for there being a reasonable excuse—

to meet the requirements of Division 2 of Part 4 of Chapter 6 of the Basin Plan.

(5)

Before taking action under subclause (2) or (3), the Minister may consult with water

user representatives on the following:

(a)	the data used for the calculations under Divisions 2 and 3,
(b)	the proposed actions under this Division.

37

(Repealed)

Division 2

Available water determinations

38          General

(1)	Available water determinations for access licences with share components that specify
the water source are to be expressed as either:

(a) a percentage of share component, for access licences where share components

are specified as ML/year, or

(b) megalitres per unit share for access licences where share components are

specified as a number of unit shares.

(2)	The sum of available water determinations made for any access licence with a share component that specifies the water source, excluding unregulated river (A Class) access licences, unregulated river (B Class) access licences and unregulated river (C Class)
access licences, must not, in any water year, exceed:

(a) 100% of the access licence share component for all access licences where share

components are specified as ML/year, or

(b) 1 megalitre per unit share of the access licence share component for all access

licences where share components are specified as a number of unit shares.

(3)	The sum of available water determinations made for unregulated river (A Class) access licences, unregulated river (B Class) access licences and unregulated river (C Class) access licences, must not, in any water year, exceed an amount that is equal to A divided by B or such lower amount that is determined under Division 1C of this Part,
where:
A is the long-term average annual extractions for irrigation that would have occurred
under the long-term average annual extraction limit conditions specified in clause 33 (2) calculated using the hydrologic computer model that, at the time, is approved by the
Department for assessing long-term extraction from the water source, and
B is the sum of share components of all unregulated river (A Class) access licences,
unregulated river (B Class) access licences and unregulated river (C Class) access
licences at that time.

39          Available water determinations

Unless the Minister otherwise determines, at the commencement of each water year the following available water determinations are to be made for access licences with a share

component that specifies the water source:

(a)	100% of the access licence share component for domestic and stock access licences,
(b)	100% of the access licence share component for local water utility access licences,
(c)	100% of the access licence share component for supplementary water (Aboriginal

environmental) access licences,

(d)	1 megalitre per unit of share component for unregulated river access licences,
(e)	the volume in megalitres per unit of share component for unregulated river (A Class) access licences, unregulated river (B Class) access licences and unregulated river (C

Class) access licences calculated under clause 38 (3).

Note. Division 1C of this Part provides for the sum of available water determinations for unregulated river (A Class) access licences, unregulated river (B Class) access licences and unregulated river (C Class) access licences to be reduced where the long- term average annual extraction limit or long-term average sustainable diversion limit for the water source has been assessed to have been exceeded.

[28]       Part 7 Rules for granting access licences

Omit the notes. Insert instead:

Notes.

1	This Part is made in accordance with sections 20 and 61 of the Act.
2	Access licences granted in the water source are subject to mandatory conditions and may be subject to discretionary conditions.

[29]       Clause 40 Specific purpose access licences

Insert this note to the clause:

Note. Section 61 of the Act allows for a person to apply for a specific purpose access licence where the regulations or relevant water sharing plan provides that an application can be made.

[30]       Clause 40 (1)

Omit “an access licence”. Insert instead “a specific purpose access licence”.

[31]       Clause 40 (1)

Omit the note.

[32]       Clause 40 (2)

Omit the subclause and note. Insert instead:

(2) Applications may be made for a supplementary water (Aboriginal environmental)
access licence in the water source provided the share component of the proposed access

licence is less than or equal to 500 ML/year.

[33]       Clause 40 (3)

Omit “these water sources”. Insert instead “the water source”.

[34]       Clause 40 (5) and (6)

Omit the subclauses. Insert instead:

(5) A supplementary water (Aboriginal environmental) access licence may only be granted for the taking of water by an Aboriginal person or Aboriginal community for enhancing

Aboriginal cultural value of important lagoons and billabongs.

(6)	A supplementary water (Aboriginal environmental) access licence must not be granted in the water source if the granting of the access licence would cause the sum of the share components of all supplementary water (Aboriginal environmental) access
licences in the water source to exceed 2,000 ML/year.

[35]       Clause 41 Granting of access licences as a result of controlled allocation

Omit the clause.

[36]       Part 8, Division 1 Water allocation account management rules

Omit the note following the Division heading. Insert instead:

Note. The Act and the regulations provide for the keeping of water allocation accounts for access licences. The rules in this Division impose further limits on the water that may be taken under an access licence over a specified period of time. These limits are in addition to any other limits on access licences for the taking of water. It is an offence under the Act to take water under an access licence for which there is no or insufficient water allocation.

[37]       Clause 42 Individual access licence account management rules for the Barwon-Darling

Unregulated River Water Source

Omit “for the Barwon-Darling Unregulated River Water Source” from the heading to the

clause.

[38]       Clause 42 (1)

Omit Barwon-Darling Unregulated River Water Source”. Insert instead “water source”.

[39]       Clause 42 (2)

Omit “excluding unregulated river (A Class) access licences, unregulated river (B Class)

access licences and”. Insert instead “excluding an unregulated river (A Class) access licence,
unregulated river (B Class) access licence or”.

[40]       Clause 42 (6) (a)

Omit “(Cth)”. Insert instead “of the Commonwealth”.

[41]       Clause 42 (9)

Insert “access” after “(C Class)”.

[42]       Clause 42

Insert after clause 42:

42A Take in accordance with individual daily extraction components

(1) The maximum volume of water that may be taken on any day under an access licence with an IDEC is 1 ML per daily flow share, or an amount per daily flow share

announced by the Minister in accordance with subclause (3).

(2)	Before making an announcement under subclause (3), the Minister must invite expressions of interest to take water from relevant access licence holders in accordance
with the Active Management Procedures Manual.
(3)	The Minister may announce, in accordance with the Active Management Procedures Manual, that 1 ML per daily flow share or a lesser amount is the maximum volume of water permitted to be taken on any day in a specified management zone in relation to specified access licences over a specified period. This announcement only applies to access licences in relation to which expressions of interest have been made in response
to the Minister’s invitation in subclause (2). An announcement may only be made to
protect the following:
(a) Active Environmental Water,
(b) water below the flow class threshold for a flow class listed in Table B to clause

49A.

Notes.

1 Active Management Procedures Manual, daily flow share and IDEC

are defined in the Dictionary.

2 The IDEC is part of the extraction component of an access licence, specifying the daily volume of water that may be taken under the licence by reference to daily flow shares. Daily flow shares are initially specified by amending the extraction component of access licences under section 68A of the Act, in accordance with clause 52. IDECs are recorded in the water allocation account of an access licence under section 85AA of the Act. Water taken is recorded in the water allocation account for the access licence kept under section 85 of the Act.

3 The Minister may make an announcement to reduce the maximum volume of water permitted to be taken per daily flow share under subclause (3) (b) if the sum of IDECs for licence holders that have expressed interest to take water exceeds the water available to be taken under those licences for the relevant flow class. In these situations, the available water must be shared between licence holders that have expressed an interest in taking the water.

4 This clause and clause 64A will be amended to in relation to the assignment of daily flow shares specified in the IDEC on a temporary or short-term basis once such dealings under section 71QA of the Act are permitted. Permanent assignment of daily flow shares under section 71Q of the Act is permitted in the circumstances set out in clause 64.

5         Subclauses (2) and (3) commence on 1 December 2020 (clause 3 (2) of this Plan).

[43]       Clause 43 Individual access licence account management rules for the Upper Darling

Alluvial Groundwater Source

Omit the clause. Insert instead:

43 Rules for access licences intending to protect water from extraction

(1) A licence holder may notify the Minister of the licence holder’s intent to have water

that would otherwise be permitted to be taken under that access licence protected from

extraction.

(2)	The licence holder must make, and the Minister must assess, a notification under
subclause (1) in accordance with the Active Management Procedures Manual.
(3)	The water allocation account of an access licence referred to in subclause (1) is to be debited by an amount determined by the Minister, in accordance with the Active
Management Procedures Manual.
Note. This clause 43 commences on 1 December 2020 (clause 3 (2) of this Plan).

[44]       Division 2 Flow classes and daily access rules

Omit the Division. Insert instead:

Division 2 Daily access rules and flow classes

Note. Part 12 of this Plan allows for amendments to be made to this Division.

44	Access rules for supplementary water (Aboriginal environmental) access licences
(1)	This clause applies to the taking of water from the water source under supplementary

water (Aboriginal environmental) access licences.

(2)	Water may only be taken under a supplementary water (Aboriginal environmental)
access licence in accordance with relevant announcements made by the Minister.
(3)	Water may only be taken under a supplementary water (Aboriginal environmental) access licence if the holder of the licence has written to the Minister expressing interest in taking water during that water year and that expression of interest is made between one week and 12 months prior to the period during which access will be permitted by
an announcement made under subclause (4).
(4)	The Minister may make announcements permitting the taking of water under a supplementary water (Aboriginal environmental) access licence in accordance with
subclauses (5) and (6).
(5)	The Minister must not make an announcement permitting the taking of water by supplementary water (Aboriginal environmental) access licences in a management zone specified in Column 1 of Table A when flows in that management zone are less than the corresponding flow threshold specified in Column 2 of Table A at the
corresponding flow reference point specified in Column 3 of Table A.

Table A Flow thresholds for supplementary water (Aboriginal environmental) access

licences

Column 1	Column 2	Column 3
Management Zone	Flow threshold	Flow reference point
(ML/day)
Mungindi to Boomi River Confluence	197	Barwon River upstream of Presbury Weir
Management Zone	gauge (416050)
Boomi River Confluence to Upstream	273	Barwon River at Mogil Mogil gauge
Mogil Mogil Weir Pool Management	(422004)
Zone
Mogil Mogil Weir Pool Management	273	Barwon River at Mogil Mogil gauge
Zone	(422004)
Downstream Mogil Mogil to	435	Barwon River at Collarenebri Main
Collarenebri Management Zone	Channel gauge (422003)
Collarenebri to Upstream Walgett	440	Barwon River at Tara gauge (422025)
Weir Pool Management Zone

Walgett Weir Pool Management Zone 761 Barwon River at Dangar Bridge gauge
(422001)

Downstream Walgett to Boorooma	756	Barwon River at Boorooma gauge
Management Zone	(422026)
Boorooma to Brewarrina	916	Barwon River at Brewarrina gauge
Management Zone	(422002)
Brewarrina to Culgoa River Junction	958	Barwon River at Beemery gauge (422028)
Management Zone
Culgoa River Junction to Bourke	1,339	Darling River at Bourke Town gauge
Management Zone	(425003)
Bourke to Louth Management Zone	1,180	Darling River at Louth gauge (425004)
Louth to Tilpa Management Zone	1,074	Darling River at Tilpa gauge (425900)

Tilpa to Wilcannia Management Zone 942 Darling River at Wilcannia Main Channel
gauge (425008)

Wilcannia to Upstream Lake	942	Darling River at Wilcannia Main Channel
Wetherell Management Zone	gauge (425008)

Note. These rules are intended to allow Aboriginal persons and Aboriginal communities to access water to enhance the Aboriginal cultural value of important lagoons and billabongs by restoring the natural filling sequence of that lagoon or billabong. The flows specified in Table A correspond to the

estimated 41st percentile flow at the respective flow reference point. The 41st percentile flow relates to

the frequency that the lowest floodplain lagoon or billabong in the water source would have received

flow under pre-development conditions. The flows have been calculated using the Barwon-Darling

IQQM based on simulated flows over the 1895–2009 period. The Barwon-Darling IQQM computer

model that simulates these flows is based on 2009/2010 development levels and access conditions

together with simulated tributary flows that would occur as a result of Queensland’s Resource

Operation Plans and NSW Water Sharing Plans.

(6)	Announcements made by the Minister permitting the taking of water under supplementary
water (Aboriginal environmental) access licences must ensure the following:
(a) that the total amount of water permitted to be taken under these licences in any water

year does not exceed 500 ML,

(b)	that access is shared according to the following order of priority:
(i) firstly – in order of least frequent to most frequent history of access provided by

announcements made under this clause,

(ii)      secondly – in the chronological order that a written expression of interest made

under subclause (3), is received.

(c) that access is only provided to holders of supplementary water (Aboriginal environmental) access licences that have written to the Minister expressing an interest in

taking water in accordance with subclause (3).

45          Access rules for domestic and stock, local water utility and unregulated river

access licences

Note. This clause does not apply to supplementary water (Aboriginal environmental) access licences, unregulated river (A class) access licences, unregulated river (B class) access licences or unregulated river (C class) access licences.

(1)	Subject to clause 47 and 49, water may only be taken under a domestic and stock access licence, local water utility access licence or an unregulated river access licence during a period for which the Minister has announced, under clause 49A, that flows in the management zone specified in the access licence are in the Low Flow Class, A
Class, B Class, or C Class.
Note: The taking of water under an access licence specified in Column 1 of Schedule 2 is subject to additional requirements specified in Column 2 of Schedule 2.
(2)	The volume of water taken under a domestic and stock access licence must not exceed 0.6 ML/day when the Minister has announced that flows in the management zone
specified in the access licence are in the Low Flow Class.
46	Access rules for unregulated river (A class), (B class) and (C class) access licences
(1)	Water must not be taken under an unregulated river (A Class) access licence, unregulated river (B Class) access licence or unregulated river (C Class) access licence during any period that the Minister has made an announcement under clause 42A (3), unless the licence holder has placed an expression of interest to take that water in accordance with the Active Management Procedures Manual and the take of water is in
accordance with the announcement.
Note. This subclause (1) commences on 1 December 2020 (clause 3 (2) of this Plan).
(2)	Subject to clauses 47 and 49, water may only be taken under an unregulated river (A Class) access licence if the Minister has announced, under clause 49A, that flows in the
management zone specified in the access licence are in A Class, B Class, or C Class.
(3)	Subject to clauses 47 and 49, water may only be taken under an unregulated river (B Class) access licence if the Minister has announced, under clause 49A, that flows in the
management zone specified in the access licence are in B Class or C Class.
(4)	Subject to clause 47 and 49, water may only be taken under an unregulated river (C Class) access licence if the Minister has announced, under clause 49A, that flows in the
management zone specified in the access licence are in C Class.
Notes.
1 An order under section 324 of the Act may be made by the Minister to restrict or prohibit the taking of water under unregulated river (B Class) access licences and/or unregulated river (C Class) access licences if the Minister is satisfied that is it necessary to do so in the public interest to meet the following requirements:

(a) a flow of 14,000 ML/day in the Darling River at Brewarrina for five consecutive days, or 10,000 ML/day in the Darling River at Bourke for five consecutive days, during September to February inclusive, providing two such flow events have not already occurred during that period in that

water year,

(b) a flow of 2,000 ML/day in the Darling River at Wilcannia for five consecutive days during October to April, inclusive, providing flows of this quantity have not already been reached during the preceding three

months within the October to April period, and

(c)

a flow of:

(i)	150 ML/day in the Darling River at Wilcannia,
(ii)	280 ML/day in the Darling River at Louth,
(iii)	390 ML/day in the Darling River at Bourke,
(iv)	550 ML/day in the Darling River at Brewarrina, and
(v)	700 ML/day in the Barwon River at Walgett.

2         The intention of the flow requirement in 1 (a) above is to provide opportunity for the passage of fish across the major weirs in the Barwon-Darling.

3         The intention of the flow requirement in 1 (b) above is to protect flows needed to suppress blue-green algae blooms.

4         The intention of the flow requirement in 1 (c) above is to protect flows needed to meet basic landholder rights requirements along the Barwon-Darling River.

47          Access rules for specified access licences

(1)	Clauses 45 and 46 do not apply to access licences specified in Schedule 2 and Schedule
2A.
(2)	Water may only be taken under an access licence specified in Column 1 of Schedule 2 from a management zone specified in Column 3 of Schedule 2 in accordance with the
access rule specified in Column 2 of Schedule 2 for that access licence.
(3)	Water many only be taken under an access licence specified in Column 1 of Schedule 2A from a management zone specified in Column 3 of Schedule 2A in accordance with
the access rule specified in Column 2 of Schedule 2A for that access licence.
(4)	The Minister may adjust an access rule referred to in Column 2 of Schedule 2 or Schedule 2A by an amount determined by the Minister as necessary to protect Active
Environmental Water in accordance with the Active Management Procedures Manual.
Note. This subclause (4) commences on 1 December 2020 (clause 3 (2) of this Plan).
(5)	Water must not be taken under an access licence specified in Column 1 of Schedule 2 or Schedule 2A during any period that the Minister has made an announcement under clause 42A (3), unless the licence holder has placed an expression of interest to take
that water in accordance with the Active Management Procedures Manual and the take
of water is in accordance with the announcement.
Note. This subclause (1) commences on 1 December 2020 (clause 3 (2) of this Plan).
(6)	On any day that accurate flow data is not available from a flow measuring gauge used to determine whether water is permitted to be taken under an access rule specified in
Column 2 of Schedule 2 or Schedule 2A, then the following applies:
(a) the Minister is to determine and announce whether water is permitted to be taken,

and

(b) water may only be taken under an access licence specified in Schedule 2 or

Schedule 2A in accordance with announcements made by the Minister.

48          Access rules for taking of water from an in-river dam pool

Water must not be taken from an in-river dam pool unless the in-river dam is:

(a) constructed, operated and maintained in accordance with any conditions specified on

the water supply work approval for the in-river dam, and

(b) passing such flows in such circumstances as specified on the water supply work

approval for the in-river dam.

Note. In-river dam pool and in-river dam are defined in the Dictionary.

49          Exemptions from access rules

(1)	Despite clauses 45, 46 and 47, the following take of water is permitted:
(a) the taking of water under an access licence specified in Table C of Schedule 3 of up to 20 kilolitres per day or as determined under subclause (2), for any of the

following purposes:

(i)        fruit washing,

(ii)      cleaning of dairy plant and equipment for the purposes of hygiene,

(iii)     poultry watering and misting, or

(iv)      cleaning of enclosures used for intensive animal production for the

purposes of hygiene,

(b) the taking of water for domestic consumption only under a domestic and stock

access licence or a domestic and stock (subcategory “domestic”) access licence

that existed at the commencement of this Plan, provided that the volume of water
taken does not exceed 1 kilolitre per house supplied by the access licence per

day,

(c) the taking of water from a runoff harvesting dam, and

Note. Runoff harvesting dam is defined in the Dictionary.

(d) the taking of water under a local water utility access licence or an access licence

of the subcategory “Town water supply” specified in Table D of Schedule 3.

(2)	The Minister may reduce the maximum daily volume limit imposed under subclause (1) (a) if the Minister is satisfied that the reduced volume is satisfactory to meet the
relevant purpose referred to in that subclause.
Note. The method by which the Minister can reduce the maximum daily volume limit is by amending the mandatory conditions of the relevant water supply work approval. Under section 102 (3) of the Act, the mandatory conditions of an approval may be
imposed, amended, revoked or suspended by the Minister whenever it is necessary to do so in order to enable compliance with or to give effect to a relevant management plan.
49A	Announcement of flow classes
(1)	For the purposes of clauses 45 and 46, the flow class that applies at any time in a
management zone is as announced by the Minister, except where subclause (7) applies.
(2)	Subject to subclauses (4), (5) and (6), and clause 50, for each management zone in Column 1 of Table B, the Minister is to announce the flow class specified in Column 2 of Table B corresponding to the flow class threshold in Column 3 of Table B as
determined at the flow reference point in Column 4 of Table B.
(3)	The announcement referred to in subclause (2) is to apply for a 24 hour or longer
period from the time specified in the announcement, as determined by the Minister.
(4)	The Minister may adjust the flow class threshold referred to in Column 3 of Table B by an amount determined by the Minister as necessary to protect Active Environmental
Water in accordance with the Active Management Procedures Manual.
Note. This subclause (4) commences on 1 December 2020 (clause 3 (2) of this Plan).
(5)	For flow classes that are determined based on flows at more than one gauge, on any day that it is not possible to determine the flow at a flow reference point specified in Column 4 of Table B due to flow data not being available from a gauge, the Minister is
to announce the flow class using the flow class threshold that applies to the remaining
functioning gauge, as adjusted in accordance with subclause (4).
(6)	Subject to subclause (5) if, in the Minister’s opinion, on any day accurate flow data is
not available from a gauge used to determine a flow class, the Minister is to determine and announce the flow class that is to apply, as adjusted in accordance with subclause
(4).
(7)	If the Minister has not announced a specific flow class for a specific period of time under subclauses (2) and (3), then the flow class that was previously announced is to continue to apply to each subsequent 24 hour period until a new flow class is
announced.

Table B	Flow class thresholds
Note. The flow class thresholds in Column 3 of Table B may be adjusted by the Minister under subclause 49A (4).

Column 1	Column 2	Column 3	Column 4
Management	Flow class	Flow class thresholds (ML/day) as at 9:00am	Flow reference
zone	point
Mungindi to	No Flow Class	0 ML/day at Mungindi gauge or 0 ML/day at Presbury gauge	Barwon River at

Boomi River	Low Flow Class 1. More than 0 ML/day at Mungindi gauge and more than 0 ML/day at	Mungindi gauge
Confluence	Presbury gauge, and	(416001) and
Management	Barwon River

2. Less than or equal to 198 ML/day at Mungindi gauge or less than or equal to 176 ML/day at Presbury gauge

Zone	upstream of
Presbury Weir

A Class	1. More than 198 ML/day at Mungindi gauge and more than 176 ML/day at Presbury gauge, and	gauge (416050)
2. Less than or equal to 270 ML/day at Presbury gauge
B Class	1.	More than 230 ML/day at Mungindi gauge and more than 270 ML/day at Presbury gauge, and

2. Less than or equal to 1,500 ML/day at Presbury gauge

C Class More than 230 ML/day at Mungindi gauge and more than 1,500 ML/day
at Presbury gauge

Boomi River	No Flow Class	0 ML/day at Presbury gauge or 0 ML/day at Mogil Mogil gauge	Barwon River
Confluence to	upstream of

Low Flow Class 1. More than 0 ML/day at Presbury gauge and more than 0 ML/day at

Upstream Mogil Presbury Weir

Mogil Mogil gauge, and

Mogil Weir Pool gauge (416050)

Management	2. Less than or equal to 176 ML/day at Presbury gauge or less than or	and Barwon
Zone	equal to 220 ML/day at Mogil Mogil gauge	River at Mogil Mogil gauge

A Class 1. More than 176 ML/day at Presbury gauge and more than 220 ML/day at Mogil Mogil, and (422004)

2.  Less than or equal to 270 ML/day at Presbury gauge or less than or equal to 230 ML/day at Mogil Mogil gauge

B Class 1. More than 270 ML/day at Presbury gauge and more than 230 ML/day at Mogil Mogil gauge, and

2. Less than or equal to 1,800 ML/day at Mogil Mogil gauge

C Class More than 270 ML/day at Presbury gauge and more than 1,800 ML/day
at Mogil Mogil gauge

Mogil Mogil	No Flow Class	0 ML/day	Barwon River at
Weir Pool	Mogil Mogil
Low Flow Class	More than 0 ML/day and less than or equal to 220 ML/day
Management	gauge (422004)
Zone	A Class	More than 220 ML/day and less than or equal to 570 ML/day
B Class	More than 570 ML/day and less than or equal to 1,800 ML/day
C Class	More than 1,800 ML/day
Downstream	No Flow Class	0 ML/day at Mogil Mogil gauge or 0 ML/day at Collarenebri gauge	Barwon River at
Mogil Mogil to	Mogil Mogil

Low Flow Class 1. More than 0 ML/day at Mogil Mogil gauge and more than 0 ML/day at

Collarenebri (422004) and

Collarenebri gauge, and

Management Barwon River at

Zone	2. Less than or equal to 220 ML/day at Mogil Mogil gauge or less than or equal to 317 ML/day at Collarenebri gauge	Collarenebri
Main Channel gauge (422003)

A Class	1.	More than 220 ML/day at Mogil Mogil gauge and more than 317 ML/day at Collarenebri gauge, and
2.	Less than or equal to 570 ML/day at Mogil Mogil gauge or less than or equal to 500 ML/day at Collarenebri gauge
B Class	1.	More than 570 ML/day at Mogil Mogil gauge and more than 500 ML/day at Collarenebri gauge, and

2. Less than or equal to 2,900 ML/day at Collarenebri gauge

C Class More than 570 ML/day at Mogil Mogil gauge and more than 2,900
ML/day at Collarenebri gauge

Collarenebri to	No Flow Class	0 ML/day at Collarenebri gauge (422003) or 0 ML/day at Tara gauge	Barwon River at
Upstream	(422025)	Collarenebri
Walgett Weir	Main Channel

Low Flow Class 1. More than 0 ML/day at Collarenebri gauge and more than 0 ML/day at

Pool gauge (422003)

Tara gauge, and

Management and Barwon

Zone 2. Less than or equal to 317 ML/day at Collarenebri gauge or less than or equal to 275 ML/day at Tara gauge River at Tara

A Class 1. More than 317 ML/day at Collarenebri gauge and more than 100 gauge (422025)

ML/day at Tara gauge, and

2.  Less than or equal to 500 ML/day at Collarenebri gauge or less than or equal to 430 ML/day at Tara gauge

B Class 1. More than 500 ML/day at Collarenebri gauge and more than 430 ML/day at Tara gauge, and

2. Less than or equal to 3,050 ML/day at Tara gauge

C Class More than 500 ML/day at Collarenebri gauge and more than 3,050
ML/day at Tara gauge

Walgett Weir	No Flow Class	0 ML/day	Barwon River at
Pool	Dangar Bridge
Low Flow Class	More than 0 ML/day and less than or equal to 600 ML/day or less
Management	gauge (422001)
Zone	A Class	More than 600 ML/day and less than or equal to 900 ML/day
B Class	More than 900 ML/day and less than or equal to 5,650 ML/day
C Class	More than 5,650 ML/day
Downstream	No Flow Class	0 ML/day at Dangar Bridge gauge or 0 ML/day at Boorooma gauge	Barwon River at
Walgett to	Dangar Bridge

Low Flow Class 1. More than 0 ML/day at Dangar Bridge gauge and more than 0 ML/day

Boorooma gauge (422001)

at Boorooma gauge, and

Management and Barwon

Zone	2. Less than or equal to 600 ML/day at Dangar Bridge gauge or less than or equal to 400 ML/day at Boorooma gauge	River at
Boorooma gauge (422026)

Plan,

(c) an unregulated river (A Class) access licence being amended to nominate a water supply work located in River Section 1, if it would cause the sum of the share components of all unregulated river (A Class) access licences that nominate water

supply works located in River Section 1 to exceed 3,434 unit shares,

(d) an unregulated river (B Class) access licence being amended to nominate a water supply work located in River Section 1, if it would cause the sum of the share components of all unregulated river (B Class) access licences that nominate water

supply works located in River Section 1 to exceed 82,940 unit shares,

(e) an unregulated river (C Class) access licence being amended to nominate a water supply work located in River Section 1, if it would cause the sum of the share components of all unregulated river (C Class) access licences that nominate water

supply works located in River Section 1 to exceed 26,040 unit shares,

(f) an unregulated river (A Class) access licence being amended to nominate a water supply work located in River Section 2, if it would cause the sum of the share components of all unregulated river (A Class) access licences that nominate water

supply works located in River Section 2 to exceed 2,535 unit shares,

(g) an unregulated river (B Class) access licence being amended to nominate a water supply work located in River Section 2, if it would cause the sum of the share components of all unregulated river (B Class) access licences that nominate water

supply works located in River Section 2 to exceed 38,282 unit shares,

(h) an unregulated river (C Class) access licence being amended to nominate a water supply work located in River Section 2, if it would cause the sum of the share components of all unregulated river (C Class) access licences that nominate water

supply works located in River Section 2 to exceed 114,197 unit shares,

(i)       an unregulated river (A Class) access licence being amended to nominate a water supply work located in River Section 3, if it would cause the sum of the share components of all unregulated river (A Class) access licences that nominate water

supply works located in River Section 3 to exceed 13,515 unit shares,

(j) an unregulated river (B Class) access licence being amended to nominate a water supply work located in River Section 3, if it would cause the sum of the share components of all unregulated river (B Class) access licences that nominate water

supply works located in River Section 3 to exceed 126,019 unit shares,

(k) an unregulated river (C Class) access licence being amended to nominate a water supply work located in River Section 3, if it would cause the sum of the share components of all unregulated river (C Class) access licences that nominate water

supply works located in River Section 3 to exceed 34,344 unit shares,

(l) an unregulated river (A Class) access licence being amended to nominate a water supply work located in River Section 4, if it would cause the sum of the share components of all unregulated river (A Class) access licences that nominate water

supply works located in River Section 4 to exceed 5,860 unit shares,

(m) an unregulated river (B Class) access licence being amended to nominate a water supply work located in River Section 4, if it would cause the sum of the share components of all unregulated river (B Class) access licences that nominate water

supply works located in River Section 4 to exceed 38,246 unit shares,

(n) an unregulated river (C Class) access licence being amended to nominate a water supply work located in River Section 4, if it would cause the sum of the share components of all unregulated river (C Class) access licences that nominate water

supply works located in River Section 4 to exceed 44,720 unit shares, or

[58]       Clause 69 (2) and (3)

Omit the subclauses.

[59]       Part 11 Clause 70 General

Omit “Appendix 3” from paragraph (a) and insert instead “Schedule 4”.

[60]       Clause 70 (a)

Omit “for the Department’s Licensing Enquiries Information Centre,”. Insert instead “for enquiries on the Department’s website,”

[61]       Clause 70 (a), note

Omit “the Department’s Licensing Enquiries Information Centre is [email protected].” Insert instead “enquiries on the Department’s website is [email protected]”.

[62]       Clause 70 (b)

Omit the subclause and note. Insert instead:

(b)  a metered water supply work with a data logger means a water supply work with:

(i)       a data logger, and

(ii)      a meter that complies with Australian Standard AS 4747, Meters for non-urban

water supply, as may be updated and replaced from time to time, and

[63]       Clause 71 General

Omit “these water sources” wherever occurring. Insert instead “the water source”.

[64]       Clause 71 (1)

Omit “where required”.

[65]       Clause 71 (1) (c) to (d)

Omit the subclauses. Insert instead:

(c) the holder of the access licence upon becoming aware of a breach of any condition of

the access licence must:

(i)             notify the Minister as soon as practicable, and

(ii)            if the notification under subparagraph (i) was not in writing, confirm this

notification in writing within 7 days of becoming aware of the breach, and

(d) the relevant access rules for the taking of water specified in Division 2 of Part 8 of this

Plan,

(e) any other condition required to implement the provisions of this Plan.

[66]       Clause 71 (2)

Omit “where required”.

[67]       Clause 71 (2) (b)

Omit “, excluding salinity and water table management access licences,”.

[68]       Clause 71 (2) (b) (v)

Omit “Barwon-Darling Unregulated River Water Source”. Insert instead “water source”.

[69]       Clause 71 (2) (b) (vii)

Omit the subclause.

[70]       Clause 71 (2) (c)

Omit the subclause.

[71]       Clause 71 (2) (d) and (e)

Omit “an” wherever occurring. Insert instead “the”.

[72]       Clause 71 (4) and (5)

Omit the subclauses. Insert instead:

(4) If an access licence with a nominated water supply work is subject to a mandatory
condition imposed by Part 10 or Part 11 of the Water Management (General)
Regulation 2018 relating to the recording or reporting of water that is taken by the
work, subclauses (2) and (3) cease to have effect in relation to the work on the day on

which the condition applies to the licence.

Note. The Water Management (General) Regulation 2018 will impose a mandatory condition requiring record keeping on access licences and approvals in the water source by 1 December 2021.

(5)	Subclauses (2), (3) and (4) are taken to be repealed on the day on which the temporary exemption from the mandatory metering equipment condition ceases to apply to the water source in accordance with clause 230 (1) of the Water Management (General)
Regulation 2018.
Note. Mandatory metering equipment condition is defined in clause 228 of the Water Management (General) Regulation 2018.

[73]       Clause 72 General

Omit “these water sources” wherever occurring. Insert instead “the water source”.

[74]       Clause 72 (1) (a)

Insert “, Schedule 2 and Schedule 2A” after “Part 8”.

[75]       Clause 72 (1) (b) (ii)

Omit “Technical Specification ATS”. Insert instead “Standard AS”.

[76]       Clause 72 (1) (d)

Omit the subclause.

[77]       Clause 72 (1) (e)

Omit the subclause. Insert instead:

(e) the holder of the water supply work approval upon becoming aware of a breach of any

condition of the approval must:

(i)       notify the Minister as soon as practicable, and

(ii)      if the notification under subparagraph (i) was not in writing, confirm this

notification in writing within 7 days of becoming aware of the breach, and

[78]       Clause 72

Insert after subclause (1):

(1A) If an approval for a water supply work is subject to a mandatory metering equipment condition in relation to the work, subclause (1) (b) ceases to have effect in relation to

the work on the day on which the condition applies to the approval.

(1B)	Subclauses (1) (b) and (1A) are taken to be repealed on the day on which the temporary exemption from the mandatory metering equipment condition ceases to apply to the water source in accordance with clause 230 (1) of the Water
Management (General) Regulation 2018.
Note. Clause 230 of the Water Management (General) Regulation 2018 provides that the mandatory metering equipment condition applies to new works required to have a meter from 1 April 2019, and to other access licences and approvals in the water
source from 1 December 2021.

[79]       Clause 72 (2)

Omit “excluding a”. Insert instead “excluding any”.

[80]       Clause 72 (2)

Insert “is used for the purpose of taking water under basic landholder rights only” after “data

logger”.

[81]       Clause 72 (2)

Omit “where required”.

[82]       Clause 72

Insert after subclause (3):

(3A) If an approval for a water supply work is subject to a mandatory condition imposed
by Part 10 or Part 11 of the Water Management (General) Regulation 2018 relating to
the recording or reporting of water that is taken by the work, subclauses (2) and (3)
cease to have effect in relation to the work on the day on which the condition applies

to the approval.

(3B)	Subclauses (2), (3) and (3A) are taken to be repealed on the day on which the temporary exemption from the mandatory metering equipment condition ceases to apply to the water sources in accordance with clause 230 (1) of the Water
Management (General) Regulation 2018.

[83]       Clause 72 (4)

Omit “, except those authorising water supply works taking water from the Upper Darling

Alluvial Groundwater Source,”.

[84]       Clause 72 (5)

Omit the subclause. Insert instead:

(5) Water supply work approvals for runoff harvesting dams and in-river dams must contain a mandatory condition that requires approval holders to comply with any direction by the Minister to modify or remove the dam to ensure that the capability of

the dam to capture water is reduced to reflect any reduction in share component arising

from:

(a)	a dealing under section 71Q or 71W of the Act,
(b)	the surrender under section 77 (4) of the Act of an access licence and then the

subsequent cancellation of that access licence under section 77A (6) of the Act,

(c) the amendment of the share component of an access licence by the Minister

under section 68A of the Act, or

(d) the cancellation of an access licence under section 78 of the Act or via the

compulsory acquisition of an access licence under section 79 of the Act.

(6)	The water supply work approval for an in-river dam that replaces a Water Act 1912 entitlement, must have mandatory conditions that give effect to the conditions for construction, operation and maintenance of the in-river dam, and the passing of flows in the circumstances referred to on the Water Act 1912 entitlement that was replaced by
the water supply work approval.
Note. Water Act 1912 entitlement is defined in the Dictionary.

[85]       Clause 73 Water supply works authorised to take water from the Upper Darling

Alluvial Groundwater Source

Omit the clause.

[86]       Part 12 Clause 74 General

Omit “,” after “regime” in subclause (3).

[87]       Clause 75 Part 1

Omit “management zone” wherever occurring in paragraph (b). Insert instead “management

zone or river section”.

[88]       Clause 75 (b)

Omit “zone,” at the end of the paragraph. Insert instead “zone or section,”.

[89]       Clause 75 (c)

Omit the subclause.

[90]       Clause 76 Part 4

Omit the clause.

[91]       Clause 77 Part 6

Omit the clause. Insert instead:

Part 6 may be amended to increase the sum of available water determinations that can be made in a water year under clause 38 (3) and increase the available water determination that should be made at the commencement of each water year under clause 39 for unregulated river (A Class) access licences, unregulated river (B Class) access licences and unregulated river (C Class) access licences, if a recalibration of the hydrologic computer model that at the time is approved by the Department for assessing long term extraction from the water source results in an increase to the estimate of the long-term average annual extraction limit for the

water source.

[92]       Clause 78 Part 8

Omit “Barwon-Darling Unregulated River Water Source” wherever occurring. Insert instead

“water source”.

[93]       Clause 78 (a) (ii) and (iii)

Omit the subclauses.

[94]       Clause 78 (b) (ii) and (iii)

Omit the subclauses.

[95]       Clause 78 (c)

Insert “,” after the word “added”.

[96]       Clause 78 (d) - (f)

Omit the subclauses.

[97]       Clause 78 (g)

Omit “50”. Insert instead “44”.

[98]       Clause 78 (g)

Omit “subcategory”.

[99]       Clause 78 (g1)

Omit “include rules”. Insert instead “amend rules”.

[100]       Clause 78 (g1)

Omit “IDELs”. Insert instead “IDECs”.

[101]       Clause 78 (h)

Omit “or” at the end of the subclause.

[102]       Clause 78

Insert after subclause (j):

(k) amend clause 50 to specify alternate or additional rules for the resumption of flows

following a dry period.

[103]       Clause 79 Part 9

Omit the clause.

[104]       Clause 80 Part 10

Omit subclause (b). Insert instead:

(b) amend the dealing rules in relation to sections 71O, 71Q, 71QA, 71S and 71W of the

Act.

[105]       Clause 81 Part 11

Omit the clause. Insert instead:
Part 11 may be amended to in relation to metering and record keeping including in relation to

requirements for Logbooks.

[106]       Clause 83 Schedules

Omit “clause 1” in subclause (2) (a). Insert instead “Table C”.

[107]       Clause 83 (2) (a)

Omit “clause 46 (15) (a)”. Insert instead “clause 49 (1) (a)”.

[108]       Clause 83 (2) (b)

Omit “clause 2”. Insert instead “Table D”.

[109]       Clause 83 (2) (c)

Omit “or Water Act 1912 entitlement from clause 1 of Schedule 3”. Insert instead “from

Table C of Schedule 3”.

[110]       Clause 83 (2) (d)

Omit “or Water Act 1912 entitlement from clause 2”. Insert instead “from Table D”.

[111]       Clause 83 (4) to (7)

Omit the subclauses.

[112]       Clause 84 Other

Omit subclauses (1) (a) to (h). Insert instead:

(a)	the management of floodplain harvesting within the water source,
(b)	the shepherding of water,

Note. Shepherding is defined in the Dictionary.

(c) any new category of access licence established for the purpose of urban stormwater

harvesting,

(d) the interception of water before it reaches a stream or aquifer by plantations or other

means,

(e) to accommodate any amendment to or replacement of the Interim Unregulated Flow

Management Plan for the North-West, providing that such amendments:

(i) do not apply to domestic and stock access licences and local water utility access

licences in the water source, and

(ii)      (Repealed)

(iii) (Repealed)

(iv)      the Minister has consulted with Government agencies and stakeholders.

[113]       Clause 84

Insert after subclause (1):

(1A) This Plan may be amended to provide for the amendment of the share component under section 68A of the Act following a recalibration of the Barwon-Darling Cap IQQM as a

result of more accurate metering and new observed data.

(1B)	This Plan may be amended to change or replace the long-term average annual extraction limit rules in Division 1A of Part 6 as a result of the Cap no longer applying
under the Murray-Darling Basin Agreement.
Note. Murray-Darling Basin Agreement and the Cap are defined in the Dictionary.

[114]       Clause 84 (3)

Omit the subclause. Insert instead:

(3) This Plan may be amended to give effect to, or in connection with, a determination of

native title under the Native Title Act 1993 of the Commonwealth.

[115]       Clause 84 (5) (a)

Omit “identifying”. Insert instead “identify”.

[116]       Clause 84 (5) (b) and (d)

Omit “amending” wherever occurring. Insert instead “amend”.

[117]       Clause 84 (5) (c)

Omit “restricting”. Insert instead “restrict”.

[118]       Clause 84 (6)

Omit the subclause.

[119]       Dictionary

Omit the following definitions:

alluvial sediments, drawdown, fractured rock, grazeable area, groundwater dependent

ecosystems, high environmental value areas, Minimum Construction Requirements for

Water Bores in Australia, porous rock, recharge

[120]       Dictionary

Insert the following in alphabetical order:

Active Environmental Water is the water in the water source identified or determined by the
Minister on any given day as requiring protection from extraction, in accordance with the
Active Management Procedures Manual, that arises from the following:

(a)	held environmental water flowing from a water source that is upstream of the water source,
(b)	a notification by a licence holder to the Minister of the licence holder’s intention to

protect the water from extraction under clause 43 of this Plan.

Active Management Procedures Manual means the manual established by the Minister under clause 52A.

annual actual take has the same meaning as it has in section 6.10 of the Basin Plan.

annual permitted take has the same meaning as it has in section 6.10 of the Basin Plan.

baseline diversion limit has the same meaning as it has in section 1.07 of the Basin Plan.

Barwon-Darling Watercourse SDL resource unit has the same meaning as provided for in section 6.05 of the Basin Plan.

Basin Plan means the Basin Plan 2012 made under section 44 (3) (b) (i) of the Water Act

2007 of the Commonwealth.

Cap baseline conditions has the same meaning as it has under the Murray-Darling Basin
Agreement in Schedule 1 of the Water Act 2007 of the Commonwealth.

Cease to pump rules means any term or condition on a water supply work approval, an access licence or Water Act 1912 entitlement that prohibits the taking of water in a particular circumstance.

consumptive use has the same meaning as it has in section 4 of the Water Act 2007 of the

Commonwealth.

daily flow share is a number specified in the extraction component of an access licence as

part of the IDEC in accordance with clause 52.

floodplain harvesting means the collection, extraction or impoundment of water flowing
across floodplains, including rainfall runoff and overbank flow, excluding the take of water

pursuant to any of the following:

(a)	a water access licence other than a floodplain harvesting access licence,
(b)	a basic landholder right,
(c)	an exemption from the need to hold a licence to take water under the Act.

flow regimes mean, collectively, the magnitudes, durations, frequency and patterns of flows

that characterise a river or water source.

held environmental water has the same meaning as it has in section 4 of the Water Act 2007

of the Commonwealth.

IDEC means individual daily extraction component.

long-term average sustainable diversion limit has the same meaning as it has in section 4 of

the Water Act 2007 of the Commonwealth.

Murray-Darling Basin Agreement means the Murray-Darling Basin Agreement as set out in

Schedule 1 of the Water Act 2007 of the Commonwealth.

plantation forestry means a commercial plantation as defined in section 1.07 of the Basin
Plan.

target ecological populations means communities of one or more species that are monitored to evaluate the success of targeted objectives for the environment. Populations must be easily monitored (i.e. not rare or cryptic) and may be linked to conservation or other environmental priorities.

the Cap means the Cap On Diversions as set out in the Murray-Darling Basin Agreement.

weighted average unit price means the total value of all units sold divided by the number of
units sold for a monetary value.

[121]       Dictionary, definition of ‘in-river dam’

Omit “.” at the end of the definition. Insert instead “created by a structure authorised by a

water supply work approval.”

[122]       Schedule 1 Sections of water courses included in the Barwon-Darling Unregulated River

Water Source

Omit “Ballone” in row 9 Gwydir River, column 2 of the table. Insert instead “Balonne”.

[123]       Schedule 2 Access licences with cease to pump rules that differ from the flow class cease

to pump rules

Omit the Schedule. Insert instead:

Schedule 2 Access licences with cease to pump rules that are in addition to the flow

class announcement rules

(Clause 47)

Those access licences listed in Column 1 of the table below will have the access rule specified in Column 2 imposed as a mandatory condition on all water supply work approvals nominated

by that access licence to give effect to clause 47 of this Plan.
The access rules in Column 2 of Schedule 2 may be adjusted by the Minister under subclause

47 (4) to protect Active Environmental Water.

Column 1	Column 2	Column 3
Water	Access rule	Management zone
Management Act 2000
water access licence
35396	Water must not be taken when the flow in the Barwon	Boorooma to
River at the Brewarrina gauge (422002) is equal to or less	Brewarrina
36273
than 750 ML/day.	Management Zone
36274
33670	Water must not be taken when the flow in the Darling	Bourke to Louth
33671	River at the Louth gauge (425004) is equal to or less than	Management Zone
1,339 ML/day.
33722	Water must not be taken when water is flowing from	Collarenebri to
Thalaba Creek into the Pagan Creek offtake adjacent to	Upstream Walgett
33622
TSR 3677, Parish of Pagan, County of Denham.	Weir Pool Management Zone
35432	Water must not be taken when the flow in the Darling	Downstream
River at the Bourke gauge (425003) is equal to or less than	Walgett to
11,000 ML/day.	Boorooma Management Zone
35402	Water must not be taken when the flow in the Barwon	Mungindi to
River at the Presbury Weir gauge (416050) is equal to or	Boomi River
less than 1,500 ML/day.	Confluence Management Zone

33667	(1)	Subject to subclause (2), water must not be taken	Bourke to Louth
when the flow in the Darling River at the Bourke	Management Zone
gauge (425003) is equal to or less than 1,610 ML/day.
(2)	Notwithstanding subclause (1), when the flow in the Darling River at the Bourke Town gauge (425003) is more than 1,250 ML/day and less than or equal to
1,610 ML/day, application may be made to the
Department’s Dubbo office at the address listed in
Appendix 3 for permission to take water for the irrigation of an area equal to or less than 1,000 hectares on properties: Lot 4914 Plan 40034, Lot
5159 Plan 720987 (Western Land Lease 13652), and Lot 5183 Plan 720986 (Western Land Lease 13879) in Parish Paka and County Gunderbooka, Lot 6656 Plan 820416 (Western Land Lease 14082) in Parish Nulty and County Gunderbooka and/or Lot 7 Plan
815343 in Parish Boyong and County Gunderbooka.
Permission to divert water, for limited periods, for
the purpose of such irrigation is to only be granted by
the Department when the quantity of water flowing in the Darling River exceeds the quantity considered by the Department to be required for all purposes. If any such application is granted in whole or in part by the Department, then the water may be taken for such
period and under such conditions as specified by the Department in granting the application. The application and the granting thereof by the Department is to be in writing.

33667	Water must not be taken by the water supply work located	Bourke to Louth
on the Darling River unless the water supply work on Ross	Management Zone
Billabong is operating and the storage in Ross Billabong is not increasing.
35411	Water must not be taken when the flow in the Darling	Brewarrina to
River at the Bourke gauge (425003) is equal to or less than	Culgoa River
11,000 ML/day.	Junction Management Zone
33688	Water must not be taken when the flow in the Barwon	Boorooma to
River at the Brewarrina gauge (422002) is equal to or less	Brewarrina
than 2,500 ML/day.	Management Zone
33768	Water must not be taken when the flow in the Barwon	Boorooma to
River at the Brewarrina gauge (422002) is equal to or less	Brewarrina
than 2,500 ML/day.	Management Zone
35393	Water must not be taken when the flow in the Darling	Brewarrina to
River at the Bourke gauge (425003) is equal to or less than	Culgoa River
11,000 ML/day.	Junction Management Zone
35417	Water must not be taken when the flow in the Darling	Brewarrina to
River at the Bourke gauge (425003) is equal to or less than	Culgoa River
11,000 ML/day.	Junction Management Zone
33692	Water must not be taken when the flow in the Darling	Brewarrina to
River at the Bourke gauge (425003) is equal to or less than	Culgoa River
4,894 ML/day.	Junction Management Zone

[124]       Schedule 2A Unregulated river (C Class) access licences with cease to pump rules that

differ from the flow class cease to pump rules

Omit the Schedule. Insert instead:

Schedule 2A Unregulated river (C Class) access licences with cease to pump rules in

addition to the C Class flow announcement rule

(Clause 47)

Those unregulated river (C Class) access licences listed in Column 1 of the table below will have a mandatory condition imposed on the water supply work approval for all water supply works nominated by those access licences to give effect to the access rules specified in

Column 2, as required by clause 47 of this Plan.

The access rules in Column 2 of Schedule 2A may be adjusted by the Minister under

subclause 47 (4) to protect Active Environmental Water.

Column 1	Column 2	Column 3
Water	Access rule	Management zone
Management
Act 2000 water access licence
33773	Water must not be taken under an	Culgoa River Junction to
unregulated river (C Class) access licence	Bourke Management Zone
when the flow in the Darling River at the Bourke gauge (425003) is equal to or less than 11,000 ML/day.
33798	Water must not be taken under an	Downstream Mogil Mogil to
unregulated river (C Class) access licence	Collarenebri Management
when the flow in the Barwon River at the	Zone
Collarenebri gauge (422003) is equal to or less than 1,100 ML/day.

[125]       Schedule 3 Access licences used to take surface water exempt from cease to pump rules

Omit the Schedule. Insert instead:

Schedule 3 Access licences used to take surface water exempt from cease to pump

rules

(Clause 49)

1            General

Clause 49 applies to each access licence listed in Table C and Table D below.

Table C

33627

Table D

35197

36573

35198

35195

35433

33718

35420

[126]       Schedule 4 Survival watering rates and access licences that may access water for

survival watering

Omit the Schedule. Insert instead:

Schedule 4 Office

NSW Department of Planning, Industry and Environment - Water

209 Cobra St

DUBBO NSW 2830

[127]       Schedule 5 Contamination sources in these water sources

Omit the Schedule.

[128]       Schedule 6 High priority groundwater dependent ecosystems

Omit the Schedule.

[129]       Schedule 7 Concessional conversion limits

Omit the Schedule.

[130]       Appendix 1 Overview of the Plan Map

Omit the Appendix. Insert instead:

Appendix 1 Overview of the Plan Map

Overview of Plan Map (WSP022_Version 2), Water Sharing Plan for the Barwon-Darling

Unregulated River Water Source 2012

[131]       Appendix 2 Inspection of Plan Map

Omit the Appendix.

[132]       Appendix 3 Office

Omit the Appendix.