Water Sharing Plan for the Barwon-Darling Unregulated River Water Source 2012 (NSW)
Part 12 allows for amendments to be made to Part 1.
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.
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.
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.
This Plan is the Water
Sharing Plan for the Barwon-Darling Unregulated River Water Source
2012 (hereafter
This Plan is made under section 50 of the Water Management Act 2000 (hereafter
This Plan is a plan for water sharing and generally deals with the matters set out in sections 20 and 21 of the Act, as well as other sections of the Act.
Where a provision of this Plan is made under another section of the Act, the section is referred to in the notes to this Plan.
This Plan commences on 4 October 2012.
In accordance with section 43 of the Act, this Plan will have effect for 10 years from 1 July 2013.
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.
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.
(Repealed)
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 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.
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 is part of this Plan and is available on the NSW Legislation website. An overview of the Plan Map is shown in Appendix 1.
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 under a floodplain harvesting (unregulated river) access licence with a share component that specifies the water source.
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.
For the purposes of this Plan, the water source is divided into the following management zones—
(a) Mungindi to Boomi River Confluence Management Zone,
(b) Boomi River Confluence to Upstream Mogil Mogil Weir Pool Management Zone,
(c) Mogil Mogil Weir Pool Management Zone,
(d) Downstream Mogil Mogil to Collarenebri Management Zone,
(e) Collarenebri to Upstream Walgett Weir Pool Management Zone,
(f) Walgett Weir Pool Management Zone,
(g) Downstream Walgett to Boorooma Management Zone,
(h) Boorooma to Brewarrina Management Zone,
(i) Brewarrina to Culgoa River Junction Management Zone,
(j) Culgoa River Junction to Bourke Management Zone,
(k) Bourke to Louth Management Zone,
(l) Louth to Tilpa Management Zone,
(m) Tilpa to Wilcannia Management Zone, and
(n) Wilcannia to Upstream Lake Wetherell Management Zone.
The management zones in subclause (1) are shown on the Plan Map.
For the purposes of this Plan, the water source is divided into the following river sections—
(a) River Section 1 which is comprised of the management zones specified in clause 5(1) (a)–(f),
(b) River Section 2 which is comprised of the management zones specified in clause 5(1)(g)–(h),
(c) River Section 3 which is comprised of the management zones specified in clause 5(1) (i)–(j), and
(d) River Section 4 which is comprised of the management zones specified in clause 5(1) (k)–(n).
The river sections in subclause (1) are shown on the Plan Map.
This Plan contains various rules. Where appropriate, the rules specified in this Plan are given effect by the mandatory conditions for access licences and approvals contained in Part 11 of this Plan.
Words and expressions that are defined in the Dictionary to this Plan have the meaning set out in the Dictionary.
Unless otherwise defined in this Plan, words and expressions that are defined in the Act or in regulations to the Act have the same meaning in this Plan.
Unless otherwise specified in this Plan, a clause that applies to a category of access licence also applies to any subcategories of that category of access licence.
The Dictionary and Schedules to this Plan form part of this Plan.
The Plan Map forms part of this Plan.
A number in brackets following the name of a gauge is the gauge number.
Notes in the text of this Plan do not form part of this Plan.
Appendices to this Plan do not form part of this Plan.
This Part is made in accordance with section 35 (1) of the Act.
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.
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.
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.
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.
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.
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— Target ecological populations is defined in the Dictionary.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.
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— 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.
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.
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.
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— Active Environmental Water is defined in the Dictionary.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— Flow regimes is defined in the Dictionary.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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
This Plan establishes a bulk access regime for the extraction of water under access licences in the water source, having regard to—
(a) the environmental water rules established in Part 4 of this Plan,
(b) the requirements for water for basic landholder rights identified in Division 2 of Part 5 of this Plan,
(c) the requirements for water for extraction under access licences identified in Division 3 of Part 5 of this Plan, and
(d) the access licence dealing rules established in Part 10 of this Plan.
The bulk access regime for the water source—
(a) recognises and is consistent with the limits to the availability of water set in relation to the water source contained in Part 6 of this Plan,
(b) establishes rules according to which access licences are to be granted and managed contained in Parts 7 and 8 of this Plan and available water determinations to be made contained in Part 6 of this Plan,
(c) recognises the effect of climatic variability on the availability of water as described in clause 14,
(d) establishes rules with respect to 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,
(e) contains provisions with respect to the conditions that must be imposed as mandatory conditions on access licences contained in Division 2 of Part 11 of this Plan, and
(f) recognises and is consistent with the water management principles contained in section 5 of the Act.
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.
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.
This Part is made in accordance with section 8 of the Act.
This Part contains environmental water rules for the commitment, identification, establishment and maintenance of planned environmental water in the water source.
In accordance with the Act, planned environmental water is water that is committed by management plans for fundamental ecosystem health or other specified environmental purposes, either generally or at specified times or in specified circumstances and that cannot, to the extent committed, be taken or used for any other purpose.
Water is committed and identified as planned environmental water in the water source in the following ways—
(a) by reference to the commitment of the physical presence of water in the water source,
(b) by reference to the long-term average annual commitment of water as planned environmental water, and
(c) by reference to the water that is not committed after the commitments to basic landholder rights and for sharing and extraction under any other rights have been met.
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.
The planned environmental water established under subclause (1) (a) is maintained by the rules specified in Part 8 of this Plan.
The planned environmental water established under subclause (1) (b) is maintained in by the provisions specified in Part 6 of this Plan.
The planned environmental water established under subclause (1) (c) is maintained by the provisions specified in Parts 6 and 8 of this Plan.
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.
This Part identifies the requirements for water from the water source for basic landholder rights (Division 2) and for extraction under access licences (Division 3).
The amounts of water specified in this Part represent the estimated water requirements of persons entitled to basic landholder rights in the water source and the total volumes or unit shares specified in the share components of all access licences in the water source. The actual volumes of water available for extraction in the water source at any time will depend on factors such as climatic variability, access licence priority and the rules in this Plan.
This Plan recognises that basic landholder rights in the water source and the total share components of all access licences authorised to extract water from the water source may change during the term of this Plan. This Plan manages such changes by having provisions that manage the sharing of water within the limits of water availability, as provided for in Part 6 of this Plan.
The total share components of access licences in the water source may change during the term of this Plan as a result of—
(a) the granting, surrender or cancellation of access licences in the water source,
(b) the variation of local water utility access licences under section 66 of the Act, or
(c) changes due to the volumetric conversion of Water Act 1912 entitlements that are currently non-volumetric.
The water requirements of persons entitled to domestic and stock rights in the water source are estimated to total 824 megalitres per year (hereafter
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.
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.
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 NCD2017/001),
(b) any other determination of native title,
(c) any indigenous land use agreement.
A map of the native title determination area can be viewed by search the National Native Title Tribunal website at 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.
This Plan may be amended if consultation with native title holders identifies more specific requirements to water to satisfy native title rights.
Native title rights may be exercised in accordance with the Native Title Act 1993 of the Commonwealth, including section 211 of that Act.
The requirement for water under harvestable rights in the water source is equal to the total amount of water that owners or occupiers of landholdings are entitled to capture and store pursuant to a harvestable rights order made under Division 2 of Part 1 of Chapter 3 of the Act.
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.
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.
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.
It is estimated that the share components of unregulated river access licences authorised to take water from the water source total 1488 unit shares.
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.
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.
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.
The share components of floodplain harvesting (unregulated river) access licences authorised to take water from the water source total 51,320 unit shares.
(Repealed)
This clause applies to access licences other than floodplain harvesting (unregulated river) access licences.
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.
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).
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.
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.
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.
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.
Any calculation to which this clause applies—
(a) must include allocations assigned from an access licence not in the water source under section 71T or 71V of the Act, and
(b) must not include allocations assigned to an access licence not in the water source under section 71T or 71V of the Act.
The calculation of the long-term average annual extraction limit under clause 33 must be adjusted by a volume that appropriately reflects the share components of water access licences in the water source that are subject to a dealing under section 71U of the Act.
Following the end of each water year, the Minister must calculate the long-term average annual extraction limit for the water source.
The long-term average annual extraction limit 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.
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.
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.
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.
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 plan limit hydrological computer model approved by the Minister.
The Minister, using the current conditions hydrological computer model approved by the Minister, is to calculate the long-term 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 water storages and water use development that existed in that water year,
(b) the basic landholder rights and access licence share components that existed in that water year,
(c) the rules in this Plan or in the water sharing plan that this replaces, that applied in that water year,
(d) the level of development for plantation forestry in that water year.
Note— Plantation forestry is defined in the Dictionary.
It is intended that the Department’s current conditions hydrological computer model will be extended each water year and used to calculate long-term average annual extraction under this clause.
Following the calculations under clauses 33 and 34, the Minister is to compare the long-term average annual extraction calculated under clause 34 against the long-term average annual extraction limit.
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.
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 Barwon-Darling Watercourse SDL resource unit shared reduction amount as determined under section 6.05 of the Basin Plan, plus
(d) the SDL adjustment amount as determined under section 6.05A of the Basin Plan.
The long-term average sustainable diversion limit is to be varied as determined under Chapter 7 of the Basin Plan.
The subtraction of 32,000 ML/year and the SDL resource unit shared reduction amount and the SDL adjustment amount are prescribed in Schedule 2 of the Basin Plan.
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.
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.
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.
Following the calculation under clause 35B 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.
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.
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.
Subject to subclause (4) and (5), if an assessment under clauses 35 or 35C demonstrates non-compliance with either the long-term average annual extraction limit or the long-term average sustainable diversion limit, the Minister must take one or more of the following actions—
(a) 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,
(b) make future available water determinations for floodplain harvesting (unregulated river) access licences under clause 39 of less than 1 ML per unit share.
Action under this clause will have effect from the water year following the assessment, which will be two water years after the non-compliance occurred.
The Minister may also take one or more of the actions specified in subclause (2) as a result of any action taken under clause 6.12 (5) of the Basin Plan.
Any action under subclauses (2) and (3) must only 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 long-term 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.
The Minister must only take action under subclause (2) (a) if total extractions (excluding extractions under floodplain harvesting (unregulated river) access licences) exceed the component of the long-term average annual extraction limit that in the Minister’s opinion is attributable to basic landholder rights and access licences other than floodplain harvesting (unregulated river) access licences.
The Minister must only take action under subclause (2) (a) to the extent that, in the Minister’s opinion, total extractions (excluding extractions by floodplain harvesting (unregulated river) access licences) have exceeded the component of the long-term average annual extraction limit referred to in subclause (5).
The Minister must only take action under subclause (2) (b)—
(a) if the total extractions under floodplain harvesting (unregulated river) access licences exceed the component of the long-term average annual extraction limit that, in the Minister’s opinion, is attributable to floodplain harvesting (unregulated river) access licences,
(b) to the extent that, in the Minister’s opinion, total extractions by floodplain harvesting (unregulated river) access licences have exceeded the component of the long-term average annual extraction limit that is referred to in subclause (7) (a).
Subclauses (2) (b), (5), (6) and (7) only apply if floodplain harvesting (unregulated river) access licences have been issued in the water source.
Before taking action under this clause, the Minister may consult with water user representatives and the NSW Environmental Water Manager regarding the following—
(a) the data used for the calculations under Divisions 2 and 3,
(b) the proposed actions under this Division.
(Repealed)
Available water determinations for access licences are to be expressed as one of the following—
(a) for access licences specifying the share component in ML/year— a percentage of the share component,
(b) for access licences specifying the share component as a number of unit shares— ML per unit share.
The sum of available water determinations made for an access licence (other than an unregulated river (A Class) access licence, unregulated river (B Class) access licence and unregulated river (C Class) access licence) 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.
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.
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,
(d1) 1 megalitre per unit of share component for floodplain harvesting (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).
Division 1C of this Part provides for available water determinations for unregulated river (A Class) access licences, unregulated river (B Class) access licences, unregulated river (C Class) access licences and floodplain harvesting (unregulated river) 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.
This Part is made in accordance with sections 61 and 63 of the Act. Section 61 of the Act provides for applications for specific purpose access licences in accordance with the regulations and the relevant water sharing plan.
Access licences granted in the water source will be subject to mandatory conditions required to be imposed by this Plan, the regulations and the Act, and may also be subject to discretionary conditions.
The Minister must not grant a specific purpose access licence unless satisfied that the share and extraction components of the access licence are the minimum required for the proposed use.
A person may make an application for an access licence of the subcategory “Aboriginal cultural” only if the share component of the proposed access licence is no greater than 10 ML/year.
A person may make an application for a supplementary water (Aboriginal environmental) access licence provided the share component of the proposed access licence is less than or equal to 500 ML/year.
An access licence of the subcategory “Aboriginal cultural” may only be granted for the taking of water by an Aboriginal person or Aboriginal community for any personal, domestic or communal purpose, including drinking, food preparation, washing, manufacturing traditional artefacts, watering domestic gardens, cultural teaching, hunting, fishing, gathering and for recreational, cultural and ceremonial purposes.
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.
A supplementary water (Aboriginal environmental) access licence must not be granted if it 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.
A reference in this clause to a water supply work being located within a specified area includes a reference to a water supply work that is proposed to be located within a specified area.
A water supply work approval must not be granted if the water supply work is to be—
(a) nominated by a floodplain harvesting (unregulated river) access licence, and
(b) located within the Barwon-Darling Management Zone A or Barwon-Darling Management Zone D (as established under clause 5 of the Floodplain Management Plan for the Barwon-Darling Valley Floodplain 2017) or the Lower Namoi Management Zone AD or Lower Namoi Management Zone D (as established under clause 5 of the Floodplain Management Plan for the Lower Namoi Valley Floodplain 2020).
Notes— Barwon-Darling Management Zone A and Lower Namoi Management Zone AD includes areas of the Floodplain where a significant discharge of floodwater occurs during floods, with relatively high flood flow velocity and depth.
Barwon-Darling Management Zone D and Lower Namoi Management Zone D are special protection zones for areas of ecological or cultural significance, or both.
An overview of Barwon-Darling Management Zone A and Barwon-Darling Management Zone D are shown in Appendix 2.
An overview of Lower Namoi Management Zone AD and Lower Namoi Management Zone D are shown in Appendix 4.
A water supply work approval must not be amended to add a work to which the approval relates if—
(a) the water supply works currently subject to the approval are nominated by a floodplain harvesting (unregulated river) access licence, and
(b) the water supply work proposed to be added is either—
(i) not located on a property that is fully or partially located on the Barwon-Darling Valley Floodplain (as declared under clause 252 of the Water Management (General) Regulation 2018) or
(ii) located within the Barwon-Darling Management Zone A or Barwon-Darling Management Zone D (as established under clause 5 of the Floodplain Management Plan for the Barwon-Darling Valley Floodplain 2017) or the Lower Namoi Management Zone AD or Lower Namoi Management Zone D (as established under clause 5 of the Floodplain Management Plan for the Lower Namoi Valley Floodplain 2020).
Note— An overview of Barwon-Darling Valley Floodplain is shown in Appendix 3.
A water supply work approval must not be amended if all of the following apply—
(a) the water supply works currently subject to the approval are nominated by a floodplain harvesting (unregulated river) access licence, and
(b) amending the water supply work approval would increase the capability of water supply works subject to the approval to take water within the Barwon-Darling Management Zone A or Barwon-Darling Management Zone D (as established under clause 5 of the Floodplain Management Plan for the Barwon-Darling Valley Floodplain 2017) or the Lower Namoi Management Zone AD or Lower Namoi Management Zone D (as established under clause 5 of the Floodplain Management Plan for the Lower Namoi Valley Floodplain 2020), and
(c) the increase in capacity is not a result of adding a water supply work that is or was previously nominated by that floodplain harvesting (unregulated river) access licence.
Subclause (2) does not apply if all of the following apply—
(a) the applicant was determined to be eligible for a replacement floodplain harvesting access licence,
(b) the work is the subject of an application made prior to 30 June 2023 to grant a water supply work approval.
Subclauses (3) and (4) do not apply to a water management work if all of the following apply—
(a) the applicant was determined to be eligible for a replacement floodplain harvesting licence,
(b) the work was constructed on or before 12 February 2021, but was not the subject of a water supply work approval prior to that date,
(c) if the work is also a flood work, the work is subject to a flood work approval, and
(d) the work is the subject of an application for the grant or amendment of a water supply work approval which was made prior to 31 December 2023.
(Repealed)
Section 85 of the Act and the regulations provide for the keeping of water allocation accounts for access licences. The provisions in this Part restrict the water that may be taken under, or assigned from, an access licence over a specified period of time, and the unused water allocations in water allocation accounts that may be carried over from one water year to the next. These restrictions are in addition to any other limits on access licences for the taking or assignment of water. It is an offence under section 60C of the Act to take water under an access licence for which there is no or insufficient water allocation.
The provisions in this Part apply to the following—
(a) the Minister in managing water allocation accounts,
(b) the access licence holder, as required by mandatory conditions imposed on the access licence under Part 11.
The rules in this clause apply to the taking of water under an access licence with a share component that specifies the water source.
In any water year in which this Plan has effect, water taken under, and assigned under section 71T of the Act from, an access licence, excluding an unregulated river (A Class) access licence, unregulated river (B Class) access licence, unregulated river (C Class) access licences or floodplain harvesting (unregulated river) access licence, must not exceed a volume equal to—
(a) the sum of water allocations accrued to the water allocation account for the access licence from available water determinations in that water year, plus
(b) the net amount of any water allocations assigned to the water allocation account for the access licence under section 71T of the Act in that water year, plus
(c) any water allocations recredited to the water allocation account for the access licence in accordance with section 76 of the Act in that water year.
In any water year in which this Plan has effect, water taken under, and assigned under section 71T of the Act from, an unregulated river (A Class) access licence, unregulated river (B Class) access licence or unregulated river (C Class) access licence must not exceed a volume equal to—
(a) three times the share component of the access licence at the commencement of that water year multiplied by 1 ML/unit share, plus
(b) the net amount of any water allocations assigned to the water allocation account for the access licence under section 71T of the Act in that water year, plus
(c) any water allocations recredited to the water allocation account for the access licence in accordance with section 76 of the Act in that water year.
Subclause (3) does not apply to an access licence listed in Columns 1 and 2 of Table 1 in Schedule 1A until the earlier of the following occurs—
(a) the amount of water in the water allocation account for the access licence is equal to or less than 10 times the share component of the access licence as at the commencement of this subclause,
(b) five years from the commencement of this subclause.
It is intended that this subclause will continue in effect, up to a period of five years from the date it commenced.
Subject to subclause (6), the Minister may determine that the maximum volume of water that may be taken under, and assigned under section 71T of the Act from, an unregulated river (A Class) access licence, unregulated river (B Class) access licence or an unregulated river (C Class) access licence over a period of three consecutive water years must not exceed a volume equal to the sum of—
(a) the share component of the access licence at the commencement of the first of those three water years multiplied by 1 ML/unit share, plus
(b) the share component of the access licence at the commencement of the second of those three water years, multiplied by 1 ML/unit share, plus
(c) the share component of the access licence at the commencement of the third of those three water years, multiplied by 1 ML/unit share, plus
(d) the net amount of any water allocations assigned to the water allocation account for the access licence under section 71T of the Act in those water years, plus
(e) any water allocations recredited to the water allocation account for the access licence in accordance with section 76 of the Act in those water years.
The Minister must notify the access licence holder in writing of a determination made in accordance with subclause (4).
The Minister may only make a determination under subclause (4) if—
(a) the Murray-Darling Basin Ministerial Council considers that the Barwon-Darling sub-valley within the Barwon/Upper Darling and Lower Darling Designated River Valley is in breach of Schedule E of the Murray-Darling Basin Agreement in Schedule 1 of the Water Act 2007 of the Commonwealth, and
(b) the Minister has agreed to address this breach.
An unregulated river (A Class) access licence, an unregulated river (B Class) access licence or an unregulated river (C Class) access licence must not be used to take more water than permitted by rules specified in a written notice to the holder from the Minister under subclause (5).
Water allocations can be carried over in the water allocation account for an unregulated river (A Class) access licence, an unregulated river (B Class) access licence or an unregulated river (C Class) access licence from one water year to the next.
Water allocations remaining in the accounts of water licences under the Water Act 1912 will transition across to an unregulated river (A Class) access licence, an unregulated river (B Class) access licence or an unregulated river (C Class) access licence immediately prior to the commencement of this Plan.
Water allocations remaining in the water allocation account of an access licence, excluding unregulated river (A Class) access licences, unregulated river (B Class) access licences and unregulated river (C Class) access licences, cannot be carried over from one water year to the next.
For a floodplain harvesting (unregulated river) access licence—
(a) the volume of water extracted during a nominated floodplain harvesting measurement period by the water supply works nominated by the access licence must be debited from the water allocation account for that access licence,
(b) water allocations in the water allocation account must be carried over from one water year to the next,
(c) allocations in a water allocation account must not exceed 5 ML per unit share.
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).
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.
For the purpose of subclause (2), relevant access licence holders include the holder of an access licence to which an IDEC has been assigned under section 71QA of the Act from an access licence in another management zone.
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.
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.
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.
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.
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.
The licence holder must make, and the Minister must assess, a notification under subclause (1) in accordance with the Active Management Procedures Manual.
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.
Part 12 of this Plan allows for amendments to be made to this Division.
This Division 2 does not apply to floodplain harvesting (unregulated river) access licences.
This clause applies to the taking of water from the water source under supplementary water (Aboriginal environmental) access licences.
Water may only be taken under a supplementary water (Aboriginal environmental) access licence in accordance with relevant announcements made by the Minister.
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).
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).
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 (ML/day) | Flow reference point |
Mungindi to Boomi River Confluence Management Zone | 197 | Barwon River upstream of Presbury Weir gauge (416050) |
Boomi River Confluence to Upstream Mogil Mogil Weir Pool Management Zone | 273 | Barwon River at Mogil Mogil gauge (422004) |
Mogil Mogil Weir Pool Management Zone | 273 | Barwon River at Mogil Mogil gauge (422004) |
Downstream Mogil Mogil to Collarenebri Management Zone | 435 | Barwon River at Collarenebri Main Channel gauge (422003) |
Collarenebri to Upstream Walgett Weir Pool Management Zone | 440 | Barwon River at Tara gauge (422025) |
Walgett Weir Pool Management Zone | 761 | Barwon River at Dangar Bridge gauge (422001) |
Downstream Walgett to Boorooma Management Zone | 756 | Barwon River at Boorooma gauge (422026) |
Boorooma to Brewarrina Management Zone | 916 | Barwon River at Brewarrina gauge (422002) |
Brewarrina to Culgoa River Junction Management Zone | 958 | Barwon River at Beemery gauge (422028) |
Culgoa River Junction to Bourke Management Zone | 1,339 | Darling River at Bourke Town gauge (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 Wetherell Management Zone | 942 | Darling River at Wilcannia Main Channel gauge (425008) |
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
Water must not be taken under any IDEC assigned under section 71QA of the Act between access licences in different management zones unless access to flows under both access licences is permitted under subclauses (1) – (4).
(a) amend the existing flow classes, establish new or additional flow classes and flow reference points and access rules for the Boorooma to Brewarrina Management Zone in the water source following a study that shows to the satisfaction of the Minister that the current access rules are having an adverse impact on the Aboriginal cultural value of the fish traps at Brewarrina, provided that such amendments—
(i) do not apply to domestic and stock access licences and local water utility access licences,
(ii), (iii) (Repealed)
(iv) the Minister has consulted with Government agencies and stakeholders,
(b) amend the existing flow classes, establish new or additional flow classes and flow reference points and access rules after year five of this Plan for any management zone in the water source following a study that shows to the satisfaction of the Minister that the current access rules are having an adverse impact on an endangered aquatic ecological community in the water source, or an individual listed threatened fish species within that community, provided that such amendments—
(i) do not apply to domestic and stock access licences and local water utility access licences,
(ii), (iii) (Repealed)
(iv) the Minister has consulted with Government agencies and stakeholders,
Note— Amendments under paragraph (b) may be designed to protect refuge pools and connectivity between refuge pools, protect in-stream aquatic habitat values, maintain or improve water quality within pools and/or to allow longitudinal movement of native fish during key fish spawning and recruitment periods to support the recovery of an endangered aquatic ecological community in the water source, or an individual listed threatened fish species within that community.
(c) establish new or additional flow classes in any water source where management zones are added, or in any water source or management zone that is amended, during the term of this Plan as specified in clause 75,
(d)–(f) (Repealed)
(g) amend clause 44 to specify alternate rules to share water between holders of supplementary water (“Aboriginal environmental”) access licences,
(g1) amend rules for the establishment, amendment, assignment and removal of IDECs,
(h) amend clause 51 to establish TDELs,
(i) amend or remove TDELs if TDELs have been established under paragraph (h),
(j) include rules to facilitate active management to share flows, including requiring the taking of water to be carried out in accordance with Ministerial notices or announcements or to require licence holders to express interest in accessing their entitlement during an event,
(k) amend clause 50 to specify alternate or additional rules for the resumption of flows following a dry period.
(Repealed)
Part 10 may be amended to—
(a) include dealing rules to give effect to an interstate trading agreement for these water sources, or
(b) amend the dealing rules in relation to sections 71O, 71Q, 71QA, 71S and 71W of the Act.
Part 11 may be amended to in relation to metering and record keeping including in relation to requirements for Logbooks.
The Dictionary may be amended to add, modify or remove a definition.
Schedule 2 may be amended to do any of the following—
(a) remove an access licence or entitlement from Column 1 of Schedule 2 and to remove the corresponding access rule from Column 2 of Schedule 2,
(b) amend the access rule specified in Column 2 of Schedule 2, or
(c) add an access licence to Column 1 of Schedule 2 and to specify an access rule in Column 2 of Schedule 2.
Schedule 2A may be amended to do any of the following—
(a) remove an access licence or entitlement from Column 1 of Schedule 2A and remove the corresponding access rule from Column 2 of Schedule 2A,
(b) amend the access rule specified in Column 2 of Schedule 2A,
(c) add an access licence to Column 1 of Schedule 2A and specify an access rule in Column 2 of Schedule 2A.
Schedule 3 may be amended to do any of the following—
(a) add a new access licence to Table C of Schedule 3, provided that a written request has been made to the Minister and the Minister is satisfied that extraction under the access licence is for a purpose listed in clause 49(1)(a) and that purpose was specified on, or referred to in the conditions of, the Water Act 1912 entitlement that was replaced by the access licence,
(b) add a local water utility access licence or an access licence of the subcategory “Town water supply” to Table D of Schedule 3, provided the Minister is satisfied that the water supply system used to take, store and deliver water has not undergone major augmentation since the commencement of this Plan,
(c) remove an access licence from Table C of Schedule 3 if—
(i) an access licence dealing results in water being taken under the licence from a different location,
(ii) an alternative water supply is obtained, or
(iii) the access licence is surrendered or cancelled,
(d) remove a local water utility access licence or an access licence of the subcategory “Town water supply” from Table D of Schedule 3 if—
(i) the Minister is satisfied that the water supply system used to take, store and deliver water has undergone major augmentation since the commencement of this Plan, or
(ii) the access licence is surrendered or cancelled.
Schedule 3 or part thereof may be deleted if the Minister is satisfied that it is no longer required.
(Repealed)
This Plan may be amended to include rules for the following—
(a) to add, modify or remove provisions relating to floodplain harvesting (unregulated river) access licences in response to any of the following—
(i) the need to protect overbank flow for environmental purposes,
(ii) monitoring, evaluation and reporting outcomes,
(iii) an improved understanding of the influence of floodplain harvesting on downstream flows,
(iv) a review that assesses the potential benefits and impacts of new access provisions for floodplain harvesting (unregulated river) access licences, to improve water access for critical environmental and human needs in the water source,
(v) a review of the access licence dealing rules in Part 10 of this Plan,
(vi) other circumstances as determined by the Minister,
(a1) to provide available water determinations for floodplain harvesting (unregulated river) access licences that are—
(i) less than 1 ML per unit share, if the Minister is satisfied they are appropriate because the determination of the amount under clause 33 is less than the determination of the amount under clause 33 when floodplain harvesting (unregulated river) access licences were first issued in the water source, and the Minister is of the opinion that the difference is attributable to floodplain harvesting,
(ii) greater than 1 ML per unit share, if the Minister is satisfied they may be made without total extractions exceeding the long-term average annual extraction limit, because the determination of the amount under clause 33 is greater than the determination of the amount under clause 33 when floodplain harvesting (unregulated river) access licences were first issued in the water source, and the Minister is of the opinion that the difference is attributable to floodplain harvesting,
(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), (iii) (Repealed)
(iv) the Minister has consulted with Government agencies and stakeholders.
(f)–(h) (Repealed)
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.
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.
Action under subclause (1) (a) or subclause (1E) must not substantially alter the long-term average annual total amount of water able to be extracted under floodplain harvesting (unregulated river) access licences in the water source.
Before making an amendment in accordance with subclause (1) (a1) the Minister may consult with water user representatives, the NSW Environmental Water Manager and the operator regarding the following—
(a) the data used for the calculations under clause 33,
(b) the proposed amendment under subclause (1) (a1).
This Plan may be amended to add, remove or modify rules in clause 52B.
Before making any amendment under subclause (1E) and before 1 July 2025, the Minister will—
(a) seek, consider and publish independent expert advice on the adequacy of the rules in clause 52B including—
(i) the needs of the environment, basic landholder rights, domestic and stock access licence holders and local water utility access licence holders,
(ii) the adequacy of the existing flow targets and volumes to meet those needs,
(iii) any changes to the flow targets and volumes that would be required to meet those needs, and
(iv) the impact of those changes to flow targets and volumes on the long-term average annual total amount of water able to be extracted under floodplain harvesting (unregulated river) access licences in the water source,
(b) consider the views of stakeholders and other community members on the independent expert advice.
This Plan may be amended to add, remove or modify rules in clauses 42A and 52A to protect Active Environmental Water from floodplain harvesting.
Consequential amendments may be made to this Plan as a result of an amendment to the Act or regulations.
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.
This Plan may be amended to enable a water resource plan to be accredited under the Water Act 2007 of the Commonwealth.
This Plan may be amended after year five to provide rules for the protection of water dependent Aboriginal cultural assets to do any of the following—
(a) identify water dependent Aboriginal cultural assets,
(b) amend the access rules to protect water dependent Aboriginal cultural assets,
(c) restrict the granting and amending of water supply work approvals to protect water dependent Aboriginal cultural assets, or
(d) amend dealing rules to protect water dependent Aboriginal cultural assets.
(Repealed)
Before making an amendment pursuant to subclause (5) the Minister should consult with Government agencies and stakeholders.
Unless otherwise defined in this Plan, words and expressions that are defined in the Act or in the regulations have the same meaning in this Plan.
(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.
(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.
(a) a single parcel of land, or
(b) two or more adjoining parcels of land owned or worked together by a landholder.
Column 1 | Column 2 |
Water course | Section |
Barwon River | The section from the Mungindi Weir (end of Border Rivers Regulated River water source) to the junction with Culgoa River (formation of Darling, NW corner of Lot 4084, DP 766589) |
Darling River | The section from the junction of Culgoa and Barwon Rivers (NW corner of Lot 4084 DP 766589) to Lake Wetherell (start of Darling Regulated River) |
Briery Anabranch | The section from the junction with Barwon River (NW corner of Lot 8, DP 751619) to the junction with the unregulated Macquarie River (NE corner of Lot 19, DP 42179) |
Collymongle Lagoon | The section from the junction with Gnungarah Creek (SE corner of Lot 32, DP 750445) to the junction with the unregulated Gwydir River (NW corner of Lot 17, DP 750445) |
Dead Horse Creek | The section from the junction with Darling River to the border of Lot 6659, DP820415 and Lot 6657, DP 820416 |
Gnungarah Creek | The section from the junction with Barwon River (northern most point of Lot 61, DP 727897) to the junction with Collymongle Lagoon (SE corner of Lot 32, DP 750445) |
Gwydir River | The section from the junction with Collymongle Lagoon (NW corner of Lot 17, DP 750445) to the junction with Balonne River. |
Kiar Lagoon | The section from the upstream junction with Barwon River (within Lot 18, DP 752725) to the downstream junction with Barwon River (within Lot 18, DP 752725) |
Little Weir River | The section from the junction with Barwon River to the Queensland Border |
Orange Tree Lagoon | The section from the upstream junction with Darling River (within Lot 6683, DP 820484) to the downstream junction with Darling River (within Lot 6683, DP 820484) |
Ross Billabong | The section from the junction with Darling River (within Lot 5185, DP 720967) to Pebbles Dam diversion bank |
Talyawalka Creek | The section from the downstream junction with Darling River (near western corner of Lot 4, DP 1092567) to the crossing with Paka Tank Tilpa Rd (SE boundary of Lot 5758, DP 768658) |
Pagan Creek | The section from the junction with Barwon River (most Northern point of Lot 7004, DP 1058926) to the junction with Thalaba Creek |
Thalaba Creek | The section from the junction with Pagan Creek to the junction with the second crossing with a public road within Lot 2, DP 752231, between Ivanhoe crossing Rd and Mercadool Rd |
The Big Billabong | The section from the upstream junction with the Darling River (near Barwon St) to the downstream junction with Darling River (within Lot 20, DP 753574) |
Unnamed water courses | The section within Lot 6232, DP 769084, Parish of Werribilla, County of Finch |
Unnamed water courses | The section within Lot 65, DP 827166 and Lot 20, DP 750445, Parish of Collymongle, County of Benarba |
Unnamed water courses | The section within Lot 35, DP 752697, Parish of Gingie, County of Finch |
Unnamed water courses | The section within Lot 6218, DP 769070, Parish of Townday, County of Finch |
Unnamed water courses | The section within Lot 3990, DP 766463, Parish of Mohenia, County of Narran |
Unnamed water courses | The section within Lot 25, DP 752745, Parish of Scott, County of Finch |
Unnamed water courses | The section within Lot 1, DP 751597, Parish of Stonehenge, County of Clyde |
Unnamed water courses | The section within Lot 6360, DP 769254, Parish of Euminbah, County of Finch |
Unnamed water courses | The section within Lot 6709, DP 822028, Parish of Pera, County of Gunderbooka |
Unnamed water courses | The section within Lot 2789, DP 764923, Parish of Milrea, County of Finch |
Unnamed water courses | The section within Lots 2 and 31, DP 752725, Parish of Milrea, County of Finch |
Unnamed water courses | The section within crown land adjacent to Lot 2, DP 752725 and Lot 2789, DP 764923, Parish of Milrea, County of Finch |
Unnamed water courses | The section within Lots 20, 53, 54 and 60, DP 752263, Parish of Pokataroo, County of Denham |
Unnamed water courses | The section within Lot 50, DP 1112131, Lot 13,5 DP 751848 and Lot 6568, DP 768113, Parish of Bourke, County of Cowper |
Unnamed water courses | The section within Lot 6927, DP 1032628, Parish of Banga, County of Cowper |
Unnamed water courses | The section within Lot 9, DP 753545, Parish of Boyong, County of Gunderbooka |
Unnamed water courses | The section within Lot 6, DP 753545 and Lot 8, DP 815343, Parish of Boyong, County of Gunderbooka |
Unnamed water courses | The section within Lot 5159, DP 720987, Parish of Nil, County of Gunderbooka |
Unnamed water courses | The section within Lots 33 and 32, DP 750435, Parish of Bucknel, County of Benarba |
Unnamed water courses | The section within Lots 20, 53, 54, 60, DP 752263, Parish of Pokataroo, County of Denham |
(clause 42(3A))
Table 1
Column 1 | Column 2 | Column 3 | Column 4 |
WAL Number | Licence | Water Management Zone | Licence Category |
33608 | 85AL753002 | TILPA TO WILCANNIA MANAGEMENT ZONE | UNREGULATED RIVER (A CLASS) |
33620 | 85AL753334 | COLLARENEBRI TO UPSTREAM WALGETT WEIR POOL MANAGEMENT ZONE | UNREGULATED RIVER (B CLASS) |
33624 | 85AL752942 | CULGOA RIVER JUNCTION TO BOURKE MANAGEMENT ZONE | UNREGULATED RIVER (A CLASS) |
33625 | 85AL752956 | CULGOA RIVER JUNCTION TO BOURKE MANAGEMENT ZONE | UNREGULATED RIVER (A CLASS) |
33633 | 85AL753057 | CULGOA RIVER JUNCTION TO BOURKE MANAGEMENT ZONE | UNREGULATED RIVER (A CLASS) |
33647 | 85AL752980 | DOWNSTREAM MOGIL MOGIL TO COLLARENEBRI MANAGEMENT ZONE | UNREGULATED RIVER (A CLASS) |
33666 | 85AL753370 | DOWNSTREAM MOGIL MOGIL TO COLLARENEBRI MANAGEMENT ZONE | UNREGULATED RIVER (B CLASS) |
33667 | 85AL753372 | BOURKE TO LOUTH MANAGEMENT ZONE | UNREGULATED RIVER (C CLASS) |
33669 | 85AL753320 | CULGOA RIVER JUNCTION TO BOURKE MANAGEMENT ZONE | UNREGULATED RIVER (B CLASS) |
33670 | 85AL753323 | BOURKE TO LOUTH MANAGEMENT ZONE | UNREGULATED RIVER (C CLASS) |
33672 | 85AL752974 | BOOROOMA TO BREWARRINA MANAGEMENT ZONE | UNREGULATED RIVER (A CLASS) |
33673 | 85AL753342 | DOWNSTREAM MOGIL MOGIL TO COLLARENEBRI MANAGEMENT ZONE | UNREGULATED RIVER (B CLASS) |
33675 | 85AL753006 | DOWNSTREAM WALGETT TO BOOROOMA MANAGEMENT ZONE | UNREGULATED RIVER (B CLASS) |
33676 | 85AL753053 | CULGOA RIVER JUNCTION TO BOURKE MANAGEMENT ZONE | UNREGULATED RIVER (A CLASS) |
33677 | 85AL753059 | BOURKE TO LOUTH MANAGEMENT ZONE | UNREGULATED RIVER (A CLASS) |
33689 | 85AL753188 | CULGOA RIVER JUNCTION TO BOURKE MANAGEMENT ZONE | UNREGULATED RIVER (A CLASS) |
33702 | 85AL752964 | DOWNSTREAM MOGIL MOGIL TO COLLARENEBRI MANAGEMENT ZONE | UNREGULATED RIVER (A CLASS) |
33705 | 85AL752976 | TILPA TO WILCANNIA MANAGEMENT ZONE | UNREGULATED RIVER (B CLASS) |
33713 | 85AL753200 | BOOROOMA TO BREWARRINA MANAGEMENT ZONE | UNREGULATED RIVER (A CLASS) |
33723 | 85AL752928 | CULGOA RIVER JUNCTION TO BOURKE MANAGEMENT ZONE | UNREGULATED RIVER (A CLASS) |
33724 | 85AL752938 | BOOROOMA TO BREWARRINA MANAGEMENT ZONE | UNREGULATED RIVER (A CLASS) |
33732 | 85AL753098 | CULGOA RIVER JUNCTION TO BOURKE MANAGEMENT ZONE | UNREGULATED RIVER (A CLASS) |
33740 | 85AL753184 | WALGETT WEIR POOL MANAGEMENT ZONE | UNREGULATED RIVER (B CLASS) |
33748 | 85AL753390 | DOWNSTREAM MOGIL MOGIL TO COLLARENEBRI MANAGEMENT ZONE | UNREGULATED RIVER (B CLASS) |
33753 | 85AL752984 | DOWNSTREAM MOGIL MOGIL TO COLLARENEBRI MANAGEMENT ZONE | UNREGULATED RIVER (A CLASS) |
33759 | 85AL753052 | CULGOA RIVER JUNCTION TO BOURKE MANAGEMENT ZONE | UNREGULATED RIVER (A CLASS) |
33767 | 85AL753178 | LOUTH TO TILPA MANAGEMENT ZONE | UNREGULATED RIVER (B CLASS) |
33770 | 85AL753216 | CULGOA RIVER JUNCTION TO BOURKE MANAGEMENT ZONE | UNREGULATED RIVER (B CLASS) |
33773 | 85AL753321 | CULGOA RIVER JUNCTION TO BOURKE MANAGEMENT ZONE | UNREGULATED RIVER (C CLASS) |
33779 | 85AL752996 | WALGETT WEIR POOL MANAGEMENT ZONE | UNREGULATED RIVER (B CLASS) |
33781 | 85AL753020 | BOOROOMA TO BREWARRINA MANAGEMENT ZONE | UNREGULATED RIVER (A CLASS) |
33799 | 85AL752930 | CULGOA RIVER JUNCTION TO BOURKE MANAGEMENT ZONE | UNREGULATED RIVER (A CLASS) |
35386 | 85AL753462 | DOWNSTREAM MOGIL MOGIL TO COLLARENEBRI MANAGEMENT ZONE | UNREGULATED RIVER (C CLASS) |
35393 | 85AL753408 | BREWARRINA TO CULGOA RIVER JUNCTION MANAGEMENT ZONE | UNREGULATED RIVER (C CLASS) |
35402 | 85AL753405 | MUNGINDI TO BOOMI RIVER CONFLUENCE MANAGEMENT ZONE | UNREGULATED RIVER (C CLASS) |
35411 | 85AL753406 | BREWARRINA TO CULGOA RIVER JUNCTION MANAGEMENT ZONE | UNREGULATED RIVER (C CLASS) |
35417 | 85AL753409 | BREWARRINA TO CULGOA RIVER JUNCTION MANAGEMENT ZONE | UNREGULATED RIVER (C CLASS) |
36559 | 85AL753544 | DOWNSTREAM WALGETT TO BOOROOMA MANAGEMENT ZONE | UNREGULATED RIVER (B CLASS) |
37047 | 85AL753615 | CULGOA RIVER JUNCTION TO BOURKE MANAGEMENT ZONE | UNREGULATED RIVER (A CLASS) |
37353 | 85AL753652 | BOOMI RIVER CONFLUENCE TO UPSTREAM OF MOGIL MOGIL WEIR POOL MANAGEMENT ZONE | UNREGULATED RIVER (B CLASS) |
37432 | 85AL753658 | LOUTH TO TILPA MANAGEMENT ZONE | UNREGULATED RIVER (A CLASS) |
37517 | 85AL753679 | DOWNSTREAM MOGIL MOGIL TO COLLARENEBRI MANAGEMENT ZONE | UNREGULATED RIVER (A CLASS) |
41463 | 85AL753769 | MUNGINDI TO BOOMI RIVER CONFLUENCE MANAGEMENT ZONE | UNREGULATED RIVER (B CLASS) |
(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 Management Act 2000 water access licence | Access rule | Management zone |
35396 36273 36274 | Water must not be taken when the flow in the Barwon River at the Brewarrina gauge (422002) is equal to or less than 750 ML/day. | Boorooma to Brewarrina Management Zone |
33670 33671 | Water must not be taken when the flow in the Darling River at the Louth gauge (425004) is equal to or less than 1,339 ML/day. | Bourke to Louth Management Zone |
33722 33622 | Water must not be taken when water is flowing from Thalaba Creek into the Pagan Creek offtake adjacent to TSR 3677, Parish of Pagan, County of Denham. | Collarenebri to Upstream Walgett Weir Pool Management Zone |
35432 | Water must not be taken when the flow in the Darling River at the Bourke gauge (425003) is equal to or less than 11,000 ML/day. | Downstream Walgett to Boorooma Management Zone |
35402 | Water must not be taken when the flow in the Barwon River at the Presbury Weir gauge (416050) is equal to or less than 1,500 ML/day. | Mungindi to Boomi River Confluence Management Zone |
33667 |
| Bourke to Louth Management Zone |
33784 | Water must not be taken by the water supply work located on the Darling River unless the water supply work on Ross Billabong is operating and the storage in Ross Billabong is not increasing. | Bourke to Louth Management Zone |
35411 | Water must not be taken when the flow in the Darling River at the Bourke gauge (425003) is equal to or less than 11,000 ML/day. | Brewarrina to Culgoa River Junction Management Zone |
33688 | Water must not be taken when the flow in the Barwon River at the Brewarrina gauge (422002) is equal to or less than 2,500 ML/day. | Boorooma to Brewarrina Management Zone |
33768 | Water must not be taken when the flow in the Barwon River at the Brewarrina gauge (422002) is equal to or less than 2,500 ML/day. | Boorooma to Brewarrina Management Zone |
35393 | Water must not be taken when the flow in the Darling River at the Bourke gauge (425003) is equal to or less than 11,000 ML/day. | Brewarrina to Culgoa River Junction Management Zone |
35417 | Water must not be taken when the flow in the Darling River at the Bourke gauge (425003) is equal to or less than 11,000 ML/day. | Brewarrina to Culgoa River Junction Management Zone |
33692 | Water must not be taken when the flow in the Darling River at the Bourke gauge (425003) is equal to or less than 4,894 ML/day. | Brewarrina to Culgoa River Junction Management Zone |
(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 Management Act 2000 water access licence | Access rule | Management zone |
33773 | Water must not be taken under an unregulated river (C Class) access licence when the flow in the Darling River at the Bourke gauge (425003) is equal to or less than 11,000 ML/day. | Culgoa River Junction to Bourke Management Zone |
33798 | Water must not be taken under an unregulated river (C Class) access licence when the flow in the Barwon River at the Collarenebri gauge (422003) is equal to or less than 1,100 ML/day. | Downstream Mogil Mogil to Collarenebri Management Zone |
(Clause 49)
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 |
NSW Department of Planning and Environment—Water
209 Cobra St
DUBBO NSW 2830
(Repealed)
Water Sharing Plan for the Barwon-Darling Unregulated River Water Source 2012 (488) (formerly Water Sharing Plan for the Barwon-Darling Unregulated and Alluvial Water Sources 2012). LW 4.10.2012. Date of commencement, 4.10.2012, cl 3. This Plan has been amended as follows—
No 92 | Water Management Act 2000. Assented to 8.12.2000. Date of commencement of Parts 4 and 6 of Sch 12, 27.6.2018, sec 2 (2) of the Water Management Amendment Act 2018. Amended by Water Management Amendment Act 2018 No 31. Assented to 27.6.2018. Date of commencement of Sch 1 [89], assent, sec 2 (2). | |
No 47 | Statute Law (Miscellaneous Provisions) Act 2013. Assented to 25.6.2013. Date of commencement of Sch 2.35, 5.7.2013, sec 2 (1). | |
(609) | Water Sharing Plan for the Barwon-Darling Unregulated and Alluvial Water Sources Amendment Order 2013. LW 25.10.2013. Date of commencement, on publication on LW, cl 2. | |
No 74 | Water NSW Act 2014. Assented to 11.11.2014. Date of commencement, 1.1.2015, sec 2 and 2014 (839) LW 19.12.2014. | |
(355) | Water Sharing Plan for the Barwon-Darling Unregulated and Alluvial Water Sources Amendment Order 2020. LW 1.7.2020. Date of commencement, 1.7.2020, cl 2. | |
(54) | Water Sharing Plan for the Barwon-Darling Unregulated River Water Source Amendment Order 2023. LW 17.2.2023. Date of commencement, on publication on LW, cl 2. |
Part 1, note | Subst 2020 (355), Sch 1[1]. |
Cl 1 | Am 2020 (355), Sch 1[2]. |
Cl 3 | Subst 2020 (355), Sch 1[3]. Am 2023 (54), Sch 1[1]. |
Cl 4 | Am 2013 (609), Sch 1 [1]. Subst 2020 (355), Sch 1[4]. Am 2023 (54), Sch 1[2] [3]. |
Cl 5 | Am 2020 (355), Sch 1[5]. |
Cl 6 | Am 2020 (355), Sch 1[6] [7]. |
Cl 8 | Am 2020 (355), Sch 1[8]. |
Part 2 | Subst 2020 (355), Sch 1[9]. |
Part 2, note | Subst 2020 (355), Sch 1[9]. |
Cl 8A | Ins 2020 (355), Sch 1[9]. |
Cll 9–12 | Subst 2020 (355), Sch 1[9]. |
Cl 12A | Ins 2020 (355), Sch 1[9]. |
Cl 13 | Am 2020 (355), Sch 1[10]–[14]. |
Cl 14 | Subst 2020 (355), Sch 1[15]. |
Part 4, note | Subst 2020 (355), Sch 1[16]. |
Cl 15 | Am 2020 (355), Sch 1[17]. |
Cl 16 | Am 2020 (355), Sch 1[18]. |
Cl 17 | Subst 2020 (355), Sch 1[19]. |
Cl 18 | Am 2020 (355), Sch 1[20]–[22]. |
Cl 19 | Subst 2020 (355), Sch 1[23]. |
Cl 20 | Subst 2020 (355), Sch 1[24]. Am 2023 (54), Sch 1[4]. |
Cl 21 | Am 2020 (355), Sch 1[25]. |
Part 5, Div 3 | Subst 2020 (355), Sch 1[26]. |
Cll 22–28 | Subst 2020 (355), Sch 1[26]. |
Cl 28A | Ins 2023 (54), Sch 1[5]. |
Cll 29, 30 | Rep 2020 (355), Sch 1[26]. |
Cl 31 | Subst 2020 (355), Sch 1[26]. Am 2023 (54), Sch 1[6]. |
Part 6 | Subst 2020 (355), Sch 1[27]. |
Part 6, note | Ins 2020 (355), Sch 1[27]. |
Part 6, Div 1 | Subst 2020 (355), Sch 1[27]. |
Cl 32 | Subst 2020 (355), Sch 1[27]. Am 2023 (54), Sch 1[7]. |
Part 6, Div 1A | Ins 2020 (355), Sch 1[27]. |
Cl 33 | Subst 2020 (355), Sch 1[27]. Am 2023 (54), Sch 1[8]–[10]. |
Cl 34 | Subst 2020 (355), Sch 1[27]; 2023 (54), Sch 1[11]. |
Cl 35 | Subst 2020 (355), Sch 1[27]. Am 2023 (54), Sch 1[12]. |
Part 6, Div 1B | Ins 2020 (355), Sch 1[27]. |
Cl 35A | Ins 2020 (355), Sch 1[27]. Subst 2023 (54), Sch 1[13]. |
Cl 35B | Ins 2020 (355), Sch 1[27]. |
Cl 35C | Ins 2020 (355), Sch 1[27]. Am 2023 (54), Sch 1[14]. |
Part 6, Div 1C | Ins 2020 (355), Sch 1[27]. |
Cl 36 | Subst 2020 (355), Sch 1[27]. Am 2023 (54), Sch 1[15]. |
Cl 37 | Rep 2020 (355), Sch 1[27]. |
Part 6, Div 2 | Subst 2020 (355), Sch 1[27]. |
Cl 38 | Subst 2020 (355), Sch 1[27]. Am 2023 (54), Sch 1[16]. |
Cl 39 | Subst 2020 (355), Sch 1[27]. Am 2023 (54), Sch 1[17]. |
Part 6, note | Subst 2023 (54), Sch 1[18]. |
Part 7, heading | Am 2023 (54), Sch 1[19]. |
Part 7, notes | Subst 2020 (355), Sch 1[28]; 2023 (54), Sch 1[20]. |
Cl 40 | Am 2020 (355), Sch 1[29]–[34]. Subst 2023 (54), Sch 1[21]. |
Cl 40A | Ins 2023 (54), Sch 1[22]. |
Cl 41 | Rep 2020 (355), Sch 1[35]. |
Part 8, notes | Ins 2023 (54), Sch 1[23]. |
Part 8, Div 1, note | Subst 2020 (355), Sch 1[36]. Rep 2023 (54), Sch 1[24]. |
Cl 42 | Am 2000 No 92, Sch 12, Part 4 (ins 2018 No 31, Sch 1 [89]); 2020 (355), Sch 1[37]–[41]; 2023 (54), Sch 1[25]–[28]. |
Cl 42A | Ins 2020 (355), Sch 1[42]. Am 2023 (54), Sch 1[29] [30]. |
Cl 43 | Subst 2020 (355), Sch 1[43]. Am 2023 (54), Sch 1[31]. |
Part 8, Div 2 | Subst 2020 (355), Sch 1[44]. |
Part 8, Div 2, note | Subst 2020 (355), Sch 1[44]. |
Cl 43A | Ins 2023 (54), Sch 1[32]. |
Cll 44, 45 | Subst 2020 (355), Sch 1[44]. |
Cl 46 | Am 2013 (609), Sch 1 [2]–[4]. Subst 2020 (355), Sch 1[44]. Am 2023 (54), Sch 1[33] [34]. |
Cl 47 | Subst 2020 (355), Sch 1[44]. Am 2023 (54), Sch 1[35] [36]. |
Cl 48 | Subst 2020 (355), Sch 1[44]. |
Cl 49 | Subst 2020 (355), Sch 1[44]. |
Cl 49A | Ins 2020 (355), Sch 1[44]. Am 2023 (54), Sch 1[37] [38]. |
Cl 50 | Subst 2020 (355), Sch 1[44]. Am 2023 (54), Sch 1[39] [40]. |
Cl 51 | Am 2000 No 92, Sch 12, Part 4 (ins 2018 No 31, Sch 1 [89]). Subst 2020 (355), Sch 1[44]. |
Cl 52 | Am 2014 No 74, Sch 3.46. Subst 2000 No 92, Sch 12, Part 4 (ins 2018 No 31, Sch 1 [89]); 2020 (355), Sch 1[44]. |
Cl 52A | Ins 2020 (355), Sch 1[44]. Am 2023 (54), Sch 1[41]. |
Part 8, Div 3 | Ins 2023 (54), Sch 1[42]. |
Cl 52B | Ins 2023 (54), Sch 1[42]. |
Part 9 (cll 53–61) | Rep 2020 (355), Sch 1[45]. |
Cl 62 | Am 2000 No 92, Sch 12, Part 4 (ins 2018 No 31, Sch 1 [89]); 2020 (355), Sch 1[46]. |
Cl 63 | Subst 2020 (355), Sch 1[47]. |
Cl 64 | Am 2020 (355), Sch 1[48]–[51]; 2023 (54), Sch 1[43]. |
Cl 64A | Ins 2020 (355), Sch 1[52]. Subst 2023 (54), Sch 1[44]. |
Cl 65 | Am 2020 (355), Sch 1[53]. |
Cl 66 | Subst 2020 (355), Sch 1[54]. |
Cl 67 | Subst 2020 (355), Sch 1[55]. Am 2023 (54), Sch 1[45] [46]. |
Cl 68 | Am 2020 (355), Sch 1[56]. |
Cl 69 | Am 2020 (355), Sch 1[57] [58]; 2023 (54), Sch 1[47]. |
Cl 70 | Am 2020 (355), Sch 1[59]–[62]; 2023 (54), Sch 1[48]. |
Cl 71 | Am 2020 (355), Sch 1[63]–[72]; 2023 (54), Sch 1[49]. |
Cl 72 | Am 2020 (355), Sch 1[73]–[84]; 2023 (54), Sch 1[50]–[52]. |
Cl 73 | Am 2013 No 47, Sch 2.35. Rep 2020 (355), Sch 1[85]. |
Cl 74 | Am 2020 (355), Sch 1[86]. |
Cl 75 | Am 2020 (355), Sch 1[87]–[89]. |
Cl 76 | Rep 2020 (355), Sch 1[90]. |
Cl 77 | Subst 2020 (355), Sch 1[91]. |
Cl 78 | Am 2000 No 92, Sch 12, Parts 4 and 6 (ins 2018 No 31, Sch 1 [89]); 2020 (355), Sch 1[92]–[102]. |
Cl 79 | Rep 2020 (355), Sch 1[103]. |
Cl 80 | Am 2000 No 92, Sch 12, Part 4 (ins 2018 No 31, Sch 1 [89]); 2020 (355), Sch 1[104]. |
Cl 81 | Subst 2020 (355), Sch 1[105]. |
Cl 83 | Am 2013 (609), Sch 1 [5]; 2020 (355), Sch 1[106]–[111]. |
Cl 84 | Am 2020 (355), Sch 1[112]–[118]; 2023 (54), Sch 1[53] [54]. |
Dictionary | Am 2020 (355), Sch 1[119]–[121]; 2023 (54), Sch 1[55] [56]. |
Sch 1 | Am 2020 (355), Sch 1[122]. |
Sch 1A | Ins 2023 (54), Sch 1[57]. |
Sch 2 | Am 2013 (609), Sch 1 [6]. Subst 2020 (355), Sch 1[123]. Am 2023 (54), Sch 1[58]. |
Sch 2A | Ins 2013 (609), Sch 1 [7]. Subst 2020 (355), Sch 1[124]. |
Sch 3 | Subst 2020 (355), Sch 1[125]. |
Sch 4 | Subst 2020 (355), Sch 1[126]. Am 2023 (54), Sch 1[59]. |
Sch 5 | Rep 2020 (355), Sch 1[127]. |
Sch 6 | Rep 2020 (355), Sch 1[128]. |
Sch 7 | Rep 2020 (355), Sch 1[129]. |
Appendix 1 | Subst 2020 (355), Sch 1[130]. |
Appendix 2 | Rep 2020 (355), Sch 1[131]. Ins 2023 (54), Sch 1[60]. |
Appendix 3 | Rep 2020 (355), Sch 1[132]. Ins 2023 (54), Sch 1[60]. |
Appendix 4 | Ins 2023 (54), Sch 1[60]. |
0
0
0