Water Sharing Plan for the Bega and Brogo Rivers Area Regulated, Unregulated and Alluvial Water Sources 2011 (NSW)
Part 13 allows for amendments to be made to Part 1.
This Plan is the Water Sharing Plan for the Bega and Brogo Rivers Area Regulated, Unregulated and Alluvial Water Sources 2011 (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 notes to this Plan.
This Plan commences on 1 April 2011.
1 In accordance with section 43 of the Act, this Plan will have effect for 10 years from 1 July 2011.
2 The Minister may extend this Plan for a further period of 10 years after the plan is due to expire, in accordance with section 43A of the Act.
This Plan applies to the following water sources (hereafter
(a) Bega and Brogo Regulated Rivers Water Source,
(b) Mid Bega River Tributaries Water Source,
(c) Mid Bega River Sands Water Source,
(d) Upper Bega/Bemboka Rivers Water Source,
Note— This water source includes the main stem of the Upper Bega and Bemboka Rivers, and adjacent alluvials, the Cochrane Dam water storage downstream to the junction of the Bega River with Wolumla Creek.
(e) Upper Bega/Bemboka Rivers Tributaries Water Source,
(f) Candelo Creek Water Source,
(g) Sandy Creek Water Source,
(h) Tantawangalo Creek Water Source,
(i) Lower Bega/Lower Brogo Rivers Tributaries Water Source,
(j) Upper Brogo River Water Source,
(k) Wolumla Creek Water Source, and
(l) Bega River Estuary and Tributaries Water Source.
The South East Water Management Area was 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.
These water sources are shown on the registered map called The Bega and Brogo Rivers Area Regulated, Unregulated and Alluvial Water Sources held by the NSW Office of Water, hereafter the
An overview of the Registered Map is shown in Appendix 1. Copies of the Registered Map may be inspected at the offices listed in Appendix 2.
Subject to subclause (5), the Bega and Brogo Regulated Rivers Water Source includes all water:
(a) occurring between the banks of the Brogo River, from Brogo Dam downstream to its junction with the Bega River; which has been declared by the Minister to be a regulated river,
(b) occurring between the banks of the Bega River from 500 metres upstream of its junction with the Brogo River, downstream to its junction with the Jellat Jellat Creek, which has been declared by the Minister to be a regulated river,
(c) occurring between the banks of Coopers Creek from its junction with the Brogo River to the lagoon section within portion 97, Parish of Bega, which has been declared by the Minister to be a regulated river, and
(d) contained in the unconsolidated alluvial sediments underlying and adjacent to the rivers referred to in paragraphs (a), (b) and (c) as shown on the Registered Map.
For the purposes of the Act, a regulated river means a river that is declared by the Minister to be a regulated river, by Order published in the New South Wales Government Gazette.
Subject to subclause (5), these water sources, excluding the Bega and Brogo Regulated Rivers Water Source, include all water:
(a) occurring naturally on the surface of the ground shown on the Registered Map,
(b) in rivers, lakes, estuaries and wetlands in these water sources, and
(c) contained within all alluvial sediments below the surface of the ground shown on the Registered Map (hereafter
these alluvial sediments ).
These water sources do not include water contained in:
(a) the coastal sands, and
(b) any fractured rocks or porous rocks.
For the purposes of this Plan, the following water sources are divided into the following management zones:
(a) Bega River Estuary and Tributaries Water Source:
(i) Upper Estuary Management Zone, and
(ii) Lower Estuary Management Zone, and
(b) Tantawangalo Creek Water Source:
(i) Upper Tantawangalo Creek Management Zone, and
(ii) Lower Tantawangalo Creek Management Zone.
The management zones in subclause (1) are shown on the Registered Map.
This Plan establishes the following extraction management units (hereafter
(a) Bega River Catchment Extraction Management Unit which applies to the water sources specified in item (a) of Column 2 of Table A, and
(b) Bega and Brogo Regulated Rivers Extraction Management Unit which applies to the water sources specified in item (b) of Column 2 of Table A.
The EMUs are shown on the Registered Map.
1 A long-term average annual extraction limit is established in Part 7 of this Plan for each extraction management unit. The long-term average annual extraction limit determines the maximum volume of water that may be extracted under access licences from all water sources within the extraction management unit on a long-term average annual basis.
2 The EMUs, and any water source to which the EMUs apply, may be amended as provided for in Part 13 of this Plan.
Table A—Extraction Management Units
Column 1—Extraction Management Unit | Column 2—Water Sources | |
(a) | Bega River Catchment Extraction Management Unit | Mid Bega River Tributaries Water Source Mid Bega River Sands Water Source Upper Bega/Bemboka Rivers Water Source Upper Bega/Bemboka Rivers Tributaries Water Source Candelo Creek Water Source Sandy Creek Water Source Tantawangalo Creek Water Source Lower Bega/Lower Brogo Rivers Tributaries Water Source Upper Brogo River Water Source Wolumla Creek Water Source Bega River Estuary and Tributaries Water Source |
(b) | Bega and Brogo Regulated Rivers Extraction Management Unit | Bega and Brogo Regulated Rivers Water Source |
This Plan contains various rules. Where appropriate, rules specified in this Plan are given effect by mandatory conditions for access licences and approvals contained in Part 12 of this Plan.
The rules in this Plan include environmental water rules, system operation rules, access licence dealing rules, rules for granting and managing access licences, rules for water supply work approvals, rules for the making of available water determinations, water allocation account rules and daily access rules.
Words and expressions that are defined in the Dictionary in Schedule 1 of this Plan have the meaning set out in that Schedule.
Unless otherwise defined in this Plan, words and expressions that are defined in the Act or in the Water Management (General) Regulation 2004 (hereafter
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.
Schedules to this Plan form part of this Plan.
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.
The vision for this Plan is that these water sources and the water dependent ecosystems will be protected and enhanced, whilst the social, cultural and economic future of the catchment community is recognised and fostered.
The objectives of this Plan for these water sources are to:
(a) manage the water sources of the Bega Valley that are covered by this Plan in a way that recognises the interaction between the regulated river and unregulated river water sources and their alluvial groundwater,
(b) protect, preserve, maintain and enhance the important river flow dependent and high priority groundwater dependent ecosystems of these water sources,
(c) protect, preserve, maintain and enhance the Aboriginal, cultural and heritage values of these water sources,
(d) protect basic landholder rights,
(e) manage these water sources to ensure equitable sharing between users,
(f) provide opportunities for market based trading of access licences and water allocations within sustainability and system constraints,
(g) provide water allocation account management rules which allow sufficient flexibility to encourage responsible use of available water,
(h) contribute to the maintenance of water quality,
(i) provide recognition of the connectivity between surface water and groundwater,
(j) adaptively manage these water sources,
(k) contribute to the maintenance of estuarine processes and habitats,
(l) maintain a contribution of flows from upstream water sources to downstream water sources, and
(m) contribute to the “environmental and other public benefit outcomes” identified under the “Water Access Entitlements and Planning Framework” in the Intergovernmental Agreement on a National Water Initiative (2004) (
NWI ).Note— Under the NWI, water that is provided by NSW “to meet agreed environmental and other public benefit outcomes as defined within relevant water plans is to:
(i) be given statutory recognition and have at least the same degree of security as water access entitlements for consumptive use and be fully accounted for,
(ii) be defined as the water management arrangements required to meet the outcomes sought, including water provided on a rules basis or held as a water access entitlement, and
(iii) if held as a water access entitlement, may be made available to be traded (where physically possible) on the temporary market, when not required to meet the environmental and other public benefit outcomes sought and provided such trading is not in conflict with these outcomes.”
In addition to subclause (1), the objectives of this Plan for the Bega and Brogo Regulated Rivers Water Source are to:
(a) protect the natural seasonal variation of low flows during dry periods,
(b) mitigate the impacts of instream structures,
(c) maintain a highly reliable supply of water to towns,
(d) provide clarity of rights for holders of regulated river (high security) access licences and regulated river (general security) access licences, and
(e) provide clarity of access to uncontrolled flows and for supplementary water access licences.
In addition to subclause (1), the objectives of this Plan for these water sources, excluding the Bega and Brogo Regulated Rivers Water Source, are to:
(a) preserve and maintain the natural functions of pools particularly during dry periods, which includes the natural rates of drying,
(b) preserve and maintain the functions of very low flows, and
(c) allow for water trading to help shift reliance on extraction from low flows towards greater reliance on extraction from high flows.
The strategies of this Plan are to:
(a) establish environmental water rules,
(b) identify water requirements for basic landholder rights,
(c) identify water requirements for access licences,
(d) establish rules for granting of access licences and approvals,
(e) establish rules that place limits on the availability of water for extraction,
(f) establish rules for making available water determinations,
(g) establish rules for the operation of water accounts,
(h) establish rules which specify the circumstances under which water may be extracted,
(i) establish access licence dealing rules,
(j) establish performance indicators,
(k) identify triggers for and limits to changes to the rules in this Plan,
(l) establish rules for the location of new bores to protect groundwater dependant ecosystems,
(m) provide for the issuing of subcategory “Aboriginal cultural” access licences and “Aboriginal community development” access licences,
(n) provide for the conversion of unregulated river access licences to unregulated (high flow) access licences to reduce pressure on low flows and improve river health,
(o) establish access licence dealing rules to provide flexibility for users without adversely impacting on water sources,
(p) protect water for critical human needs through the Cochrane Dam Drought Reserve,
(q) establish rules for the operations of Brogo Dam and the Bega and Brogo Regulated Rivers Water Source, and
(r) ensure that the impact of reduced water availability in the regulated river is shared between regulated river (high security) access licences and regulated river (general security) access licences.
These strategies provide a framework for the development of future water supplies recognising the requirements of the environment and other water users.
The following indicators are to be used to measure the success of the strategies to reach the objectives of the Plan:
(a) change in low flow regime,
(b) change in moderate to high flow regime,
(c) change in groundwater extraction relative to the long-term average annual extraction limit,
(d) change in local water utility access,
(e) change in, or maintenance of the ecological value and condition of these water sources and dependent ecosystems, including the Bega Estuary,
(f) the extent to which basic landholder rights requirements have been met,
(g) the extent to which local water utility requirements have been met,
(h) the extent to which native title rights requirements have been met,
(i) the change in economic benefits derived from water extraction and use,
(j) the extent of recognition of spiritual, social and customary values of water to Aboriginal people, and
(k) improvement of water quality to support environmental values of these water sources.
This Plan establishes a bulk access regime for the extraction of water under access licences in these water sources, having regard to:
(a) the environmental water rules established in Division 1 of 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 11 of this Plan.
The bulk access regime established in this Plan for these water sources:
(a) recognises and is consistent with the limits to the availability of water set in relation to these water sources contained in Division 1 of Part 7 of this Plan,
(b) establishes rules according to which access licences are to be granted and managed contained in Parts 8 and 9 of this Plan, and available water determinations to be made contained in Division 2 of Part 7 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 reductions in the availability of water due to an increase in average annual extraction against the long-term average annual extraction limit, contained in Division 1 of Part 7 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 12 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 and groundwater levels in these water sources by having provisions that:
(a) manage the sharing of water in these water sources 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 reductions in the availability of water due to an increase in average annual extraction against the long-term average annual extraction limit, contained in Division 1 of Part 7 of this Plan,
(b) manage the sharing of water in specified water sources on a daily basis in these water sources, excluding the Bega and Brogo Regulated Rivers Water Source, contained in Division 3 of Part 9 of this Plan, and
(c) manage the allocation of water to access licence holders in the Bega and Brogo Regulated Rivers Water Source within the limits of water availability in any water year, according to the rules contained in Division 2 of Part 7.
Other statutory tools are available to manage climatic variability within a water source, for example, temporary water restrictions under section 324 of the Act.
This Part is made in accordance with sections 8, 8A, 8B, 8C, 8D, 8E and 20 of the Act.
This Division contains environmental water rules for the commitment, identification, establishment and maintenance of planned environmental water in these water sources.
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.
Planned environmental water is committed and identified in these water sources as set out in this clause.
Water is committed and identified as planned environmental water in these water sources in the following ways:
(a) by reference to the commitment of the physical presence of water in the water source, and
(b) 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.
Planned environmental water is established and maintained in these water sources as set out in this clause.
Planned environmental water in these water sources is established as follows:
(a) it is the physical presence of water:
(i) in the Bega and Brogo Regulated Rivers Water Source that results from the environmental release rules from Brogo Dam as specified in clause 33, the limitations on access to uncontrolled flows for regulated river (general security) access licences as specified in clause 61 and the limitations on access to supplementary flows for supplementary water access licences as specified in clause 62,
(ii) in these water sources, excluding the Bega and Brogo Regulated Rivers Water Source, that results from the environmental release rules from Cochrane Dam specified in clause 32 and the access rules specified in Division 3 of Part 9 of this Plan,
Notes— 1 The rules in clause 32 and clause 33 respectively, set water aside in Cochrane Dam and Brogo Dam, for the purpose of making releases later in the water year for environmental purposes. The rules in clauses 61 (4) and 62 (2) (g) respectively protect 50% of uncontrolled flow event volumes and supplementary flow event volumes for the environment.
2 The rules in Division 3 of Part 9 of this Plan set flow rates or flow levels below which the taking of water is not permitted. Some limited exemptions apply.
(b) it is the water remaining after water has been taken pursuant to basic landholder rights and access licences in accordance with the rules specified in Part 7 and Part 9 of this Plan.
The planned environmental water established under subclause (2) (a) is maintained in:
(a) the Bega and Brogo Regulated Rivers Water Source by the environmental release rules from Brogo Dam as specified in clause 33, the limitations on access to uncontrolled flows for regulated river (general security) access licences as specified in clause 61 and the limitations on access to supplementary flows for supplementary water access licences as specified in clause 62,
(b) these water sources, excluding the Bega and Brogo Regulated Water Source, by the environmental release rules from Cochrane Dam as specified in clause 32 and the rules specified in Division 3 of Part 9 of this Plan.
The planned environmental water established in subclause (2) (b) is maintained by the rules specified in Part 7 and Divisions 2 3 of Part 9 of this Plan.
Part 7 of this Plan ensures compliance with the long-term average annual extraction limit by providing for the reduction in available water determinations when the long-term average annual extraction limit has been exceeded in any water year.
A holder of an access licence in these water sources may request that the Minister impose an adaptive environmental water condition in respect of the whole or a part of the access licence, in accordance with section 8B of the Act.
An access licence may be granted in these water sources in accordance with section 8C of the Act.
An access licence surrendered by its holder may be kept by the Minister, or transferred, or changed to a different category or subcategory, in accordance with section 8D of the Act.
This Part identifies the requirements for water from these water sources 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 these water sources, and the total volumes or unit shares specified in the share components of all access licences in these water sources. The actual volumes of water available for extraction in these water sources 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 these water sources and the total share components of all access licences authorised to extract water from these water sources 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 Division 1 of Part 7 of this Plan.
The total share components of access licences in these water sources may change during the terms of this Plan as a result of:
(a) the granting, surrender or cancellation of access licences in these water sources,
(b) the variation of local water utility 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.
At the commencement of this Plan, the water requirements of persons entitled to domestic and stock rights in these water sources are estimated to total 1.3 megalitres per day (hereafter
(a) 0.1 ML/day in the Mid Bega River Tributaries Water Source,
(b) 0.2 ML/day in the Mid Bega River Sands Water Source,
(c) 0.2 ML/day in the Upper Bega/Bemboka Rivers Water Source,
(d) 0.1 ML/day in the Upper Bega/Bemboka Rivers Tributaries Water Source,
(e) 0.1 ML/day in the Candelo Creek Water Source,
(f) 0.1 ML/day in the Sandy Creek Water Source,
(g) 0.1 ML/day in the Tantawangalo Creek Water Source,
(h) 0.1 ML/day in the Lower Bega/Lower Brogo Rivers Tributaries Water Source,
(i) 0.1 ML/day in the Upper Brogo River Water Source,
(j) 0.1 ML/day in the Wolumla Creek Water Source, and
(k) 0.1 ML/day in the Bega River Estuary and Tributaries Water Source.
At the commencement of this Plan, the water requirements of persons entitled to domestic and stock rights in the Bega and Brogo Regulated Rivers Water Source are estimated to total 250 megalitres per year (hereafter
1 Domestic and stock rights are set out in Part 1 of Chapter 3 of the Act and must be exercised in accordance with any mandatory guidelines established under the Act with respect to the taking and use of water for domestic consumption or stock watering.
2 Inherent water quality and land use activities may make the water in some areas unsuitable for human consumption. Water from these water sources should not be consumed without first being tested and, if necessary, appropriately treated. Such testing and treatment is the responsibility of the water user.
At the commencement of this Plan, there are no native title rights in these water sources. Therefore the water requirements for native title rights total 0 ML/year.
A change in native title rights may occur pursuant to the provisions of the Native Title Act 1993 (Cth).
The requirement for water under harvestable rights in these water sources is the total amount of water that owners or occupiers of landholdings are entitled to capture and store in these water sources, pursuant to a harvestable rights order made under Part 1 of Chapter 3 of the Act.
At the commencement of this Plan, the water requirements of holders of harvestable rights within these water sources are estimated to total 9,100 ML/year.
It is estimated that at the time of commencement of this Plan, the share components of domestic and stock access licences authorised to take water from these water sources will total 342.1 ML/year, distributed as follows:
(a) 6 ML/year in the Mid Bega River Tributaries Water Source,
(b) 46 ML/year in the Mid Bega River Sands Water Source,
(c) 58.5 ML/year in the Upper Bega/Bemboka Rivers Water Source,
(d) 8.5 ML/year in the Upper Bega/Bemboka Rivers Tributaries Water Source,
(e) 49 ML/year in the Candelo Creek Water Source,
(f) 5.5 ML/year in the Sandy Creek Water Source,
(g) 25 ML/year in the Tantawangalo Creek Water Source,
(h) 51.1 ML/year in the Lower Bega/Lower Brogo Rivers Tributaries Water Source,
(i) 31.5 ML/year in the Wolumla Creek Water Source,
(j) 15 ML/year in the Bega River Estuary and Tributaries Water Source,
(k) 46 ML/year in the Bega and Brogo Regulated Rivers Water Source, and
(l) 0 ML/year in all other water sources.
It is estimated that at the time of commencement of this Plan, the share components of local water utility access licences authorised to take water from these water sources will total 4,906 ML/year, distributed as follows:
(a) 2,640 ML/year in the Mid Bega River Sands Water Source,
(b) 66 ML/year in the Upper Bega/Bemboka Rivers Water Source,
(c) 1,500 ML/year in the Tantawangalo Creek Water Source,
(d) 700 ML/year in the Bega and Brogo Regulated Rivers Water Source, and
(e) 0 ML/year in all other water sources.
It is estimated that at the time of commencement of this Plan, the share components of unregulated river access licences authorised to take water from these water sources will total 24,975 unit shares, distributed as follows:
(a) 52 unit shares in the Mid Bega River Tributaries Water Source,
(b) 3,279 unit shares in the Mid Bega River Sands Water Source,
(c) 9,370 unit shares in the Upper Bega/Bemboka Rivers Water Source,
(d) 2,352 unit shares in the Upper Bega/Bemboka Rivers Tributaries Water Source,
(e) 1,161 unit shares in the Candelo Creek Water Source,
(f) 1,347 unit shares in the Sandy Creek Water Source,
(g) 3,942 unit shares in the Tantawangalo Creek Water Source,
(h) 1,483 unit shares in the Lower Bega/Lower Brogo Rivers Tributaries Water Source,
(i) 1,781 unit shares in the Wolumla Creek Water Source,
(j) 208 unit shares in the Bega River Estuary and Tributaries Water Source, and
(k) 0 unit shares in all other water sources.
It is estimated that at the time of commencement of this Plan, the share components of aquifer access licences authorised to take water from these water sources will total 1,003 unit shares, distributed as follows:
(a) 774 unit shares in the Mid Bega River Sands Water Source,
(b) 229 unit shares in the Lower Bega/Lower Brogo Rivers Tributaries Water Source, and
(c) 0 unit shares in all other water sources.
It is estimated that at the time of commencement of this Plan, the share components of unregulated river (high flow) access licences authorised to take water from these water sources will total 0 unit shares, distributed as follows:
(a) 0 unit shares in the Mid Bega River Tributaries Water Source,
(b) 0 unit shares in the Mid Bega River Sands Water Source,
(c) 0 unit shares in the Upper Bega/Bemboka Rivers Water Source,
(d) 0 unit shares in the Upper Bega/Bemboka Rivers Tributaries Water Source,
(e) 0 unit shares in the Candelo Creek Water Source,
(f) 0 unit shares in the Sandy Creek Water Source,
(g) 0 unit shares in the Tantawangalo Creek Water Source,
(h) 0 unit shares in the Lower Bega/Lower Brogo Rivers Tributaries Water Source, and
(i) 0 unit shares in the Wolumla Creek Water Source.
The water sources listed above are the only water sources within the Plan area which have been identified as suitable for unregulated river (high flow) access licences. This Plan allows for a specified amount of unregulated river access licences to be converted to the unregulated river (high flow) access licences. However, at the commencement of this Plan, there are no existing access licences of this category, hence the 0 unit shares indicated.
It is estimated that at the time of commencement of this Plan, the share components of regulated river (high security) access licences authorised to take water from the Bega and Brogo Regulated Rivers Water Source will total 473 unit shares.
It is estimated that at the time of commencement of this Plan, the share components of regulated river (general security) access licences authorised to take water from the Bega and Brogo Regulated Rivers Water Source will total 13,954 unit shares.
It is estimated that at the time of commencement of this Plan, the share components of supplementary water access licences authorised to take water from the Bega and Brogo Regulated Rivers Water Source will total 1,305 unit shares.
The rules in this Part apply to the Bega and Brogo Regulated Rivers Water Source and the Upper Bega/Bemboka Rivers Water Source.
Part 13 allows for amendments to be made to Part 6.
Cochrane Dam water storage must be operated in accordance with the following rules:
(a) subject to paragraph (b), between 1 October and 31 March in any water year, the lesser of 3.5 ML/day or daily inflows to Cochrane Dam water storage, as measured at the Cochrane Dam storage gauge (219033), must be released on a daily basis, and
(b) releases under paragraph (a) are not required to be made if water is being released from the Cochrane Dam Drought Reserve in accordance with subclause (2).
An amount of water to be called the Cochrane Dam Drought Reserve is to be set aside in Cochrane Dam water storage and is to be managed in accordance with the following rules:
(a) an account of the water credited to and debited from the Cochrane Dam Drought Reserve is to be kept,
(b) subject to paragraph (j), when the South East region (within the meaning of the Local Land Services Act 2013) is drought declared and inflows to the Cochrane Dam for the 3 months prior to 31 March are less than the 1 in 20 year minimum inflow sequence, then on 30 June of that year, a volume of water must be set aside in Cochrane Dam water storage and credited to the Cochrane Dam Drought Reserve account so that there is a volume of water equivalent to 500 ML in the account,
Note— The 1 in 20 year minimum flow sequence for the 3 month period (January to March) is an average daily flow of 7 ML/day (639 ML for the 3 months).
(c) subject to paragraph (l), when the South East Livestock Health and Pest Authority district is drought declared and inflows to the Cochrane Dam water storage for the 3 months prior to 30 June are less than the 1 in 20 year minimum inflow sequence, then the Minister may require by notice in writing that on 1 October of that year, a volume of water must be set aside in Cochrane Dam water storage and credited to the Cochrane Dam Drought Reserve so that there is a volume of water equivalent to 800 ML in the account,
Note— The 1 in 20 year minimum flow sequence for the 3 month period (April to June) is an average daily flow of 9 ML/day (829 ML for the 3 months).
(d) on 1 October in any water year, except where a volume of water has been credited to the Cochrane Dam Drought Reserve account under paragraph (c), a volume of water must be set aside in Cochrane Dam water storage and credited to the Cochrane Dam Drought Reserve account so that there is a volume of water equivalent to 500 ML in the account,
(e) releases of water from the Cochrane Dam Drought Reserve may only be made for the following purposes:
(i) to meet the requirements of those access licences specified in clause 65 (16) from Cochrane dam to Kanoona gauge (219032),
(ii) maintenance of river connectivity from Cochrane dam to Kanoona gauge (219032),
(iii) to meet basic landholder rights requirements from Cochrane dam to Kanoona gauge (219032),
(iv) town water supplies from Cochrane dam to Kanoona gauge (219032), and
(v) other matters the Minister considers essential,
(f) the release of water from the Cochrane Dam Drought Reserve held in Cochrane Dam for the purposes described in paragraph (e) shall be determined by the Minister,
(g) the Cochrane Dam Drought Reserve account must be debited with a volume equal to the amount of water released from Cochrane Dam water storage under paragraph (e),
(h) the volume of water held in the Cochrane Dam Drought Reserve account may be carried over from one water year to the next,
(i) where paragraph (c) does not apply and a volume of water has been credited to the Cochrane Dam Drought Reserve account in accordance with paragraph (b), then releases from Cochrane Dam water storage other than releases for the purposes identified in paragraph (e), may not be made unless there is sufficient water within Cochrane Dam water storage to ensure that paragraph (d) can be satisfied,
(j) where paragraph (c) does not apply and paragraph (b) applies but the volume of water in Cochrane Dam is insufficient to meet the requirements of paragraph (b), then:
(i) the next 500 ML of inflows to Cochrane Dam water storage, minus the volume of water already in Cochrane Dam water storage, must be set aside in Cochrane Dam water storage and credited to the Cochrane Dam Drought Reserve account, and
(ii) releases from Cochrane Dam water storage other than releases for the purposes identified in paragraph (e), may not be made until such time as the Cochrane Dam Drought Reserve account has been credited in accordance with paragraph (j) (i),
(k) where paragraph (c) applies, then releases from Cochrane Dam water storage, other than releases for the purposes identified in paragraph (e), may not be made from 1 July to 30 September unless there is sufficient water within Cochrane Dam water storage to ensure that paragraph (c) can be satisfied,
The rules specified in paragraphs (a)–(k) reflect current management practices.
(l) where paragraph (c) applies but the volume of water in Cochrane Dam water storage is insufficient to meet the requirements of paragraph (c), then:
(i) the next 800 ML of inflows to Cochrane Dam water storage, minus the volume of water already in the Cochrane Dam Drought Reserve account, must be set aside in Cochrane Dam water storage and credited to the Cochrane Dam Drought Reserve account, and
(ii) releases from Cochrane Dam water storage other than releases for the purposes identified in paragraph (e), may not be made until such time as the Cochrane Dam Drought Reserve account has been credited under paragraph (l) (i),
(m) if the Cochrane Dam Drought Reserve account has been credited in accordance with paragraph (c) or (l) and the drought declaration is removed during the period 1 October to 31 March, then the volume of water in the Cochrane Dam Drought Reserve account must be reduced to equal 500 ML minus a volume of water equivalent to any water already released from the Cochrane Dam Drought Reserve account since 1 October in that water year under paragraph (e).
Brogo Dam must be operated in accordance with this clause.
When the volume of water in Brogo Dam water storage is greater than or equal to 50% of full capacity, all inflows to Brogo up to 15 ML/day must be released from Brogo Dam.
Releases made under subclause (2) cannot be used to meet water orders or basic landholder rights requirements in river reach 1A as defined in Schedule 8 of this Plan.
Where necessary for determining numerical extraction components, managing water releases or providing water under access licences, the maximum water delivery or operating channel capacity in the Bega and Brogo Regulated Rivers Water Source, or in any section of the Bega and Brogo Regulated Rivers Water Source, must be determined and specified in accordance with procedures established by the Minister, taking into account:
(a) the inundation of private land or interference with access,
(b) the effects of inundation on the floodplain and associated wetlands,
(c) the transmission losses expected to occur, and
(d) capacities of water management structures controlled by the Minister.
Operation of the system at the commencement of this Plan has the following constraints on maximum flows: Brogo Dam—720 ML/day at full supply level.
Rules regarding rates of change to releases from Brogo Dam should be specified in accordance with any procedures established by the Minister and should take into account:
(a) relevant environmental considerations,
(b) damage to river banks, and
(c) public safety.
In the Bega and Brogo Regulated Rivers Water Source, if in the opinion of the Minister, the volume of water stored in Brogo Dam has reduced to a level where the continuous delivery of water orders would involve unacceptably high delivery losses, then water orders may be grouped and released periodically.
The Minister should consult with irrigation industry representatives regarding the circumstances under which action under subclause (1) should be taken and the manner of management.
During the course of an extended drought, the implementation of the above provisions may result in short term ordering delays.
The operation of Brogo Dam during times of flood and spilling of water is to be undertaken in a manner that maintains the safety of dam infrastructure.
Providing it is consistent with subclause (1), operation of Brogo Dam during times of flood and spilling of water:
(a) should leave the storage at full supply level at the completion of the flood or spilling of water, and
(b) should aim to lessen the downstream flood damage where possible.
The water supply system in the Bega and Brogo Regulated Rivers Water Source is to be managed so that:
(a) it would be capable of maintaining supply to those persons exercising native title rights in the water source through a repeat of the worst period of low inflows to the Bega and Brogo Regulated Rivers Water Source, as represented by flow information held by the NSW Office of Water,
(a1) it would be capable of maintaining supply to those persons exercising domestic and stock rights in the water source through a repeat of the worst period of low inflows into the Bega and Brogo Regulated Rivers Water Source (based on historical flow information held by the Department when this Plan commenced),
(b) available water determinations of 100% of access licence share component for domestic and stock access licences in the water source can be maintained through a repeat of the worst period of low inflows into this water source (based on historical flow information held by the Department when this Plan commenced),
(c) available water determinations of 100% of access licence share component for local water utility access licences in the water source can be maintained through a repeat of the worst period of low inflows into this water source (based on historical flow information held by the Department when this Plan commenced), and
(d) available water determinations of 0.8 ML per unit of share component for regulated river (high security) access licences in the water source can be maintained through a repeat of the worst period of low inflows into this water source (based on historical flow information held by the Department when this Plan commenced).
To achieve subclause (1), sufficient volumes of water must be set aside from assured inflows into the Bega and Brogo Regulated Rivers Water Source and in reserves held in Brogo Dam.
The availability of water for extraction in these water sources on a long-term basis is to be managed in accordance with this Part.
This clause establishes long-term average annual extraction limits by reference to the EMUs specified in clause 6 of this Plan.
The long-term average annual extraction limit for each extraction management unit is the sum of:
(a) the share components of all access licences in the respective extraction management unit at the commencement of this Plan subject to any variation under subclauses (3) or (4), plus
(b) the estimated annual water requirements pursuant to basic landholder rights in the respective extraction management unit at the commencement of this Plan, plus
(c) the share components of access licences granted in the respective extraction management unit under the Regulation and clause 54 of this Plan.
Following the purchase and/or cancellation of an access licence in these water sources, the Minister may vary the respective long-term average annual extraction limit.
The long-term average annual extraction limit for the Bega River Catchment Extraction Management Unit may be varied upon the conversion of an access licence in that Unit from an unregulated river access licence to an unregulated river (high flow) access licence.
Any variation made under subclause (4) will result in the long-term average annual extraction limit being reduced by the amount of the share component of the cancelled unregulated river access licence and increased by the amount of the share component of the new unregulated river (high flow) access licence.
After each water year, the total volume of water extracted during that water year under access licences and pursuant to basic landholder rights must be calculated for each extraction management unit specified in clause 6.
For the purposes of calculating the total volume of water extracted during a water year, the following must be taken into account:
(a) all water taken by holders of all categories of access licences in the water source, except for those access licences to which section 8C of the Act relates, and
(b) all water taken pursuant to basic landholder rights.
An assessment of average annual extractions against the long-term average annual extraction limit is to be conducted for each extraction management unit as set out in this clause.
For the Bega River Catchment Extraction Management Unit, commencing in the fourth water year in which this Plan has effect, the assessments referred to in subclause (1) must compare the long-term average annual extraction limit established in clause 40 against the annual extraction averaged over the preceding three water years.
For the Bega and Brogo Regulated Rivers Extraction Management Unit, commencing in the second water year in which this Plan has effect, the assessment referred to in subclause (1) must compare the long-term average annual extraction limit established in clause 40 against the annual extraction in the preceding water year.
Compliance with the long-term average annual extraction limit established for the Bega River Catchment Extraction Management Unit is to be managed in accordance with this clause.
Commencing in the fourth water year in which this Plan has effect, if in the Minister’s opinion the assessment under clause 42 demonstrates that annual extractions in the Bega River Catchment Extraction Management Unit averaged over the preceding three water years, has exceeded the long term average annual extraction limit for that extraction management unit by 5% or more, then the available water determinations for unregulated river access licences, unregulated river (high flow) access licences and aquifer access licences in that extraction management unit are to be reduced in the following water year in accordance with subclause (3).
The reduction under subclause (2) is to be of an amount that is, in the Minister’s opinion, necessary to return average annual extractions in the Bega River Catchment Extraction Management Unit to the long term average annual extraction limit established in this Part.
Compliance with the long-term average annual extraction limit established for the Bega and Brogo Regulated Rivers Extraction Management Unit is to be managed in accordance with this clause.
Commencing in the second water year in which this Plan has effect, if in the Minister’s opinion the assessment under clause 42 demonstrates that annual extractions in the Bega and Brogo Regulated Rivers Extraction Management Unit has exceeded the long term average annual extraction limit for that extraction management unit by 5% or more, then the available water determination for supplementary water access licences and the maximum available water determinations that can be made for regulated river (general security) access licences in that extraction management unit are to be reduced in the following water year in accordance with subclause (3).
The reduction under subclause (2) is to:
(a) be of an amount that is, in the Minister’s opinion, necessary to return extraction in the Bega and Brogo Regulated Rivers Extraction Management Unit to the long-term annual extraction limit established in this Part, and
(b) be applied:
(i) firstly, to supplementary water access licences, and
(ii) secondly, to regulated river (general security) access licences.
Available water determinations made for access licences with a share component that specifies one of these water sources are to be expressed as either:
(a) a percentage of share component, for access licences which have share components specified as megalitres per year, or
(b) megalitres per unit share, for access licences which have share components specified as a number of unit shares.
Subject to subclause (3), the sum of available water determinations made for any access licence with a share component that specifies one of these water sources must not, in any water year, exceed:
(a) 100% of the access licence share component or such lower amount that results from Division 1 of this Part, for all access licences where share components are specified as megalitres per year, or
(b) 1 megalitre per unit share of the access licence share component or such lower amount that results from Division 1 of this Part, for all access licences, where share components are specified as a number of unit shares.
For the first water year in which this Plan has effect only, subclause (2) does not apply to access licences with a share component that specifies one of these water sources, excluding the Bega and Brogo Regulated Rivers Water Source.
In making available water determinations under section 59 of the Act for domestic and stock access licences, the Minister should consider the rules in this clause.
At the commencement of this Plan, an available water determination of 200% of access licence share component should be made for domestic and stock access licences with a share component that specifies one of these water sources, excluding the Bega and Brogo Regulated Rivers Water Source.
At the commencement of each water year after the first water year in which this Plan has effect, an available water determination of 100% of access licence share component should be made for domestic and stock access licences with a share component that specifies one of these water sources, excluding the Bega and Brogo Regulated Rivers Water Source.
At the commencement of this Plan and at the commencement of each water year after the first water year in which this Plan has effect, an available water determination of 100% of access licence share component should be made, wherever possible, for domestic and stock access licences with a share component that specifies the Bega and Brogo Regulated Rivers Water Source.
In making available water determinations under section 59 of the Act for local water utility access licences, the Minister should consider the rules in this clause.
At the commencement of this Plan, an available water determination of 200% of access licence share component should be made for local water utility access licences with a share component that specifies one of these water sources, excluding the Bega and Brogo Regulated Rivers Water Source.
At the commencement of each water year after the first water year in which this Plan has effect, an available water determination of 100% of access licence share component should be made for local water utility access licences with a share component that specifies one of these water sources, excluding the Bega and Brogo Regulated Rivers Water Source.
At the commencement of this Plan and at the commencement of each water year after the first water year in which this Plan has effect, an available water determination of 100% of access licence share component should be made, wherever possible, for local water utility access licences with a share component that specifies the Bega and Brogo Regulated Rivers Water Source.
In making available water determinations under section 59 of the Act for regulated river (high security) access licences, the Minister should consider the rules in this clause.
At the commencement of this Plan and at the commencement of each water year after the first water year in which this Plan has effect, an available water determination of 0.8 ML per unit share should be made, wherever possible, for regulated river (high security) access licences with a share component that specifies the Bega and Brogo Regulated Rivers Water Source.
Subject to the limits in clause 45 (2), additional available water determinations for regulated river (high security) access licences in the Bega and Brogo Regulated Rivers Water Source may be made after the sum of available water determinations for domestic and stock access licences and local water utility access licences in the water source in that water year equals 100% of share components and there is sufficient water available after making provision for:
(a) the operational rules established in clause 33,
(b) requirements for domestic and stock rights,
(c) requirements for native title rights,
(d) requirements for domestic and stock access licences,
(e) requirements for local water utility access licences,
(f) allocations remaining in access licence water allocation accounts from previous available water determinations,
(g) water losses associated with the holding and delivery of water to meet the requirements specified in paragraphs (a)–(f),
(h) an appropriate volume to meet water losses associated with the holding and delivery of water resulting from available water determinations, and
(i) any other relevant matters.
The effect of this clause is that an available water determination for regulated river (high security) access licences should not be made until the available water determinations for local water utility access licences and domestic and stock access licences reach 100% of share components.
In making available water determinations under section 59 of the Act for regulated river (general security) access licences, the Minister should consider the rules in this clause.
Subject to subclause (4), whenever the sum of available water determinations in a water year for regulated river (high security) access licences is 0.8 ML or more but less than 1 ML per unit share, then for each 0.01 ML per unit share of additional available water determination made for regulated river (high security) access licences, an available water determination of 0.02 ML per unit share should be made for regulated river (general security) access licences.
Subject to subclause (4), whenever the sum of available water determinations in a water year for regulated river (high security) access licences is equal to 1 ML per unit share, then additional available water determinations may be made for regulated river (general security) access licences subject to the limits in clause 45 (2).
Available water determinations for regulated river (general security) access licences may be made where there is sufficient water available after taking into account:
(a) the operational rules established in clause 33,
(b) requirements for domestic and stock rights,
(c) requirements for native title rights,
(d) requirements for domestic and stock access licences,
(e) requirements for local water utility access licences,
(f) requirements for regulated river (high security) access licences,
(g) allocations remaining in access licence water allocation accounts from previous available water determinations,
(h) water losses associated with the holding and delivery of water to meet the requirements specified in paragraphs (a)–(g),
(i) an appropriate volume to meet water losses associated with the holding and delivery of water resulting from available water determinations, and
(j) any other relevant matters.
1 Where the long-term average annual extraction limit has been exceeded, then the available water determination for regulated river (general security) access licences may be reduced in accordance with Division 1 of this Part.
2 The effect of this clause is that an available water determination for regulated river (general security) access licences should not be made until the available water determinations for regulated river (high security) access licences reach 0.8 ML per unit of share component.
In making available water determinations under section 59 of the Act for unregulated river access licences, the Minister should consider the rules in this clause.
At the commencement of this Plan, an available water determination of 2 ML per unit of share component should be made for unregulated river access licences with a share component that specifies one of these water sources, excluding the Bega and Brogo Regulated Rivers Water Source.
At the commencement of each water year after the first water year in which this Plan has effect, an available water determination of 1 ML per unit of share component, or such lower amount that results from Division 1 of this Part, should be made for unregulated river access licences with a share component that specifies one of these water sources, excluding the Bega and Brogo Regulated Rivers Water Source.
Where the long-term average annual extraction limit has been exceeded, then the available water determination for unregulated river access licences will be reduced in accordance with Division 1 of this Part.
In making available water determinations under section 59 of the Act for unregulated river (high flow) access licences, the Minister should consider the rules in this clause.
At the commencement of this Plan, an available water determination of 2 ML per unit of share component should be made for unregulated river (high flow) access licences with a share component that specifies one of these water sources, excluding the Bega and Brogo Regulated Rivers Water Source.
At the commencement of each water year after the first water year of this Plan in which this Plan has effect, an available water determination of 1 ML per unit of share component, or such lower amount that results from Division 1 of this Part, should be made for unregulated river (high flow) access licences with a share component that specifies one of these water sources, excluding the Bega and Brogo Regulated Rivers Water Source.
Where the long-term average annual extraction limit has been exceeded, then the available water determination for unregulated river (high flow) access licences will be reduced in accordance with Division 1 of this Part.
In making available water determinations under section 59 of the Act for aquifer access licences, the Minister should consider the rules in this clause.
At the commencement of this Plan, an available water determination of 2 ML per unit of share component should be made for aquifer access licences with a share component that specifies one of these water sources, excluding the Bega and Brogo Regulated Rivers Water Source.
At the commencement of each water year after the first water year of this Plan in which this Plan has effect, an available water determination of 1 ML per unit of share component, or such lower amount that results from Division 1 of this Part, should be made for aquifer access licences with a share component that specifies one of these water sources, excluding the Bega and Brogo Regulated Rivers Water Source.
Where the long-term average annual extraction limit has been exceeded, then the available water determination for aquifer access licences will be reduced in accordance with Division 1 of this Part.
In making available water determinations under section 59 of the Act for supplementary water access licences, the Minister should consider the rules in this clause.
At the commencement of this Plan and at the commencement of each water year after the first water year in which this Plan has effect, an available water determination of 1 ML per unit of share component, or such lower amount that results from Division 1 of this Part, should be made for supplementary water access licences with a share component that specifies the Bega and Brogo Regulated Rivers Water Source.
Where the long-term average annual extraction limit has been exceeded, then the available water determination for supplementary water access licences will be reduced in accordance with Division 1 of this Part.
This Part is made in accordance with sections 20, 61 and 63 of the Act. Access licences granted in these water sources will be subject to mandatory conditions and discretionary conditions.
Applications for specific purpose access licences, other than those permitted under the Regulation, may not be made in these water sources, except for:
(a) a local water utility access licence in the Mid Bega River Sands Water Source to be held by the Bega Valley Shire Council, subject to there being a reduction equivalent to the share component of the new licence to the share components of local water utility access licences held by the Bega Valley Shire Council in the Upper Tantawangalo Creek Management Zone of the Tantawangalo Creek Water Source,
(b) an unregulated river (subcategory “Aboriginal community development”) access licence for the taking of water from B Class flows only in any of the following water sources and management zones:
(i) Upper Bega/Bemboka Rivers Water Source,
(ii) Lower Tantawangalo Creek Management Zone of the Tantawangalo Creek Water Source, and
(iii) Lower Bega/Lower Brogo Rivers Tributaries Water Source, and
(c) an unregulated river (subcategory “Aboriginal community development”) access licence for the taking of water from C Class flows only in the Mid Bega River Sands Water Source.
A specific purpose access licence must not be granted in these water sources unless the Minister is satisfied that the share and extraction component of the access licence is the minimum required to meet the circumstances in which the access licence is proposed to be used.
A local water utility access licence must not be granted in the Mid Bega River Sands Water Source if the granting of the access licence would cause the sum of the share components of all local water utility access licences in that water source to exceed an amount that is equal to the sum of the share components of all local water utility access licences in the water source at the commencement of this Plan plus 500 ML.
An unregulated river (subcategory “Aboriginal community development”) access licence must not be granted in the following water sources if the granting of the access licence would cause the sum of the share components of all unregulated river (subcategory “Aboriginal community development”) access licences across all of the following water sources and management zone, to exceed 500 ML/year:
(a) Mid Bega River Sands Water Source,
(b) Upper Bega/Bemboka Rivers Water Source,
(c) Lower Tantawangalo Creek Management Zone of the Tantawangalo Creek Water Source, and
(d) Lower Bega/Lower Brogo Rivers Tributaries Water Source.
An unregulated river (subcategory “Aboriginal community development”) access licence will not be fully transferable. Allocations under these licences will be able to be traded to non-Aboriginal people, however, the license itself can only be traded amongst Aboriginal people, and as such will remain in the Aboriginal community for the life of the licence. These licences will not be able to be converted to any other category of licence. Aboriginal communities, enterprises and individuals are encouraged to seek financial assistance from funding bodies to purchase other categories of access licences if they require fully transferable licences.
An access licence of the subcategory “Aboriginal cultural” must not be granted in these water sources unless the share component of the proposed access licence is less than or equal to 10 ML/year.
A specific purpose access licence must not be granted in the Upper Tantawangalo Creek Management Zone of the Tantawangalo Creek Water Source.
The Regulation will provide for the creation of new access licences that authorise the taking of water between the defined tidal limit and the mangrove limit in the Bega River Estuary and Tributaries Water Source (for which no entitlement has previously been required under the Water Act 1912).
The rules in this Division apply to the taking of water under an access licence with a share component that specifies one of these water sources.
1 The Act provides for the keeping of water allocation accounts.
2 Part 13 allows for amendments to be made to Division 1.
The rules in this clause impose a restriction on the volume of water that may be taken under an access licence over a specified period of time. This restriction is in addition to any other limits on access licences for the taking of water contained in this Plan. For further clarification, these rules do not authorise the taking of more water than is credited to the respective water allocation account for the access licence at the time water is taken. It is an offence under the Act to take more water than is credited to the water allocation account for an access licence.
This clause applies to all access licences with share components which specify one of these water sources, excluding the Bega and Brogo Regulated Rivers Water Source.
For the period of the first three water years in which this Plan has effect, the maximum volume of water that may be taken under a domestic and stock access licence, a local water utility access licence, an unregulated river access licence, an unregulated river (high flow) access licence or an aquifer access licence, must not exceed a volume equal to:
(a) 50% of the water allocations accrued to the water allocation account for the access licence from available water determinations in the first water year, plus
(b) the sum of water allocations accrued to the water allocation account for the access licence from available water determinations in the second and third water years, plus
(c) the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act, in those water years, plus
(d) any water allocations re-credited to the water allocation account for the access licence in accordance with section 76 of the Act, in those water years.
For the period of any three consecutive water years after the first water year in which this Plan has effect, the maximum volume of water that may be taken under a domestic and stock access licence, a local water utility access licence, an unregulated river access licence, an unregulated river (high flow) access licence or an aquifer access licence, must not exceed a volume equal to the lesser of:
(a) the sum of:
(i) water allocations accrued to the water allocation account for the access licence from available water determinations in those water years,
(ii) the water allocations carried over from the water year prior to those three water years under subclause (4),
(iii) the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act, in those water years, and
(iv) any water allocations re-credited to the water allocation account for the access licence in accordance with section 76 of the Act, in those water years, or
(b) the sum of:
(i) the share component of the access licence at the beginning of the first of those three water years,
(ii) the share component of the access licence at the beginning of the second of those three water years,
(iii) the share component of the access licence at the beginning of the third of those three water years,
(iv) the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act, in those water years, and
(v) any water allocations re-credited to the water allocation account for the access licence in accordance with section 76 of the Act, in those water years.
The maximum water allocation that can be carried over in the water allocation account for a domestic and stock access licence, a local water utility access licence, an unregulated river access licence, an unregulated river (high flow) access licence or an aquifer access licence, from one water year to the next is equal to:
(a) 100% of the access licence share component, for access licences with share components expressed as ML/year, or
(b) 1 ML per unit share of access licence share component, for access licences with share components expressed as a number of unit shares.
This clause applies to all access licences with share components which specify the Bega and Brogo Regulated Rivers Water Source.
In any water year, the maximum volume of water that may be taken under an access licence must not exceed a volume equal to:
(a) the sum of water allocations accrued under the access licence from available water determinations in that water year, plus
(b) the water allocations carried over from the water year prior to that water year under subclause (4), plus
(c) the amount of water that may be taken under clause 61, plus
(d) any water allocations assigned from another access licence under section 71T of the Act, in that water year, plus
(e) any water allocations re-credited in accordance with section 76 of the Act, in that water year, minus
(f) any water allocations assigned to another access licence under section 71T of the Act, in that water year.
Except as provided for under subclause (4), water allocations remaining in water allocation account of an access licence cannot be carried over from one water year to the next.
Water allocations remaining in the water allocation accounts of regulated river (high security) access licences in the Bega and Brogo Regulated Rivers Water Source may be carried over from one water year to the next, provided that:
(a) the available water determination to be made at the commencement of the following water year for regulated river (high security) access licences will be less than 0.8 ML per unit share, and
(b) the volume carried over does not exceed an amount equivalent to 0.1 ML per unit share of access licence share component.
The rules in this Division apply to the taking of water under an access licence with a share component that specifies the Bega and Brogo Regulated Rivers Water Source.
Where the extraction component of an access licence in the Bega and Brogo Regulated Rivers Water Source does not specify a rate of extraction as a share of supply capability or a volume per unit of time, the following priority of extraction applies whenever supply capability is insufficient to satisfy orders for water in any section of these water sources:
(a) water is to be supplied to domestic and stock access licences, local water utility access licences and regulated river (high security) access licences that have placed orders for water, in that order, and
(b) then any remaining supply capability is to be shared between regulated river (general security) access licences that have placed an order for water, in proportion to the share components specified on the access licences.
During periods of channel capacity constraint, the implementation of the above provisions may result in short term ordering delays.
The extraction components of access licences in the Bega and Brogo Regulated Rivers Water Source may be amended under section 68A of the Act to specify a volume per unit of time or share of supply capability in order to share the impacts of any future physical supply constraint amongst access licences.
The rate or unit shares specified in the amended extraction components of domestic and stock access licences, local water utility access licences and regulated river (high security) access licences under subclause (1) should, where possible, be the amount which in the opinion of the Minister is sufficient to satisfy the maximum daily water requirements of those access licences.
The rate or unit shares specified in the amended extraction components of regulated river (general security) access licences under subclause (1) should be in proportion to the share component of each access licence.
This clause provides for the taking of water from uncontrolled flows in accordance with an order made under section 85A of the Act.
An order under section 85A of the Act may authorise the taking of water from uncontrolled flows that arise from unregulated inflows to the Bega and Brogo Regulated Rivers Water Source that have not been credited to the water allocation account for a regulated river (general security) access licence:
(a) with a share component that specifies the Bega and Brogo Regulated Rivers Water Source, and
(b) which nominates a metered work.
The following rules apply to the taking of uncontrolled flows that arise from unregulated inflows to the water source specified in subclause (2):
(a) water may only be taken from uncontrolled flows in accordance with announcements made by the Minister. Announcements may be made by the Minister for the taking of water from uncontrolled flows in the following sections of the water source only as defined in Schedule 8:
(i) river reach 1A,
(ii) river reach 1B,
(iii) river reach 1C, and
(iv) river reach 2,
(b) water may only be taken from uncontrolled flows using a metered work,
(c) the taking of water from uncontrolled flows in river reach 1A is only permitted to commence when:
(i) the discharge over the Brogo Dam spillway in the immediately preceding 24 hour period has been in excess of 50 ML/day on a rising river and 20 ML/day on a falling river, or
(ii) a discharge through the control valves of the Brogo Dam in the immediate preceding period has prevented a spillage over the spillway,
(d) the taking of water from uncontrolled flows in river reach 1B is only permitted to commence when the conditions specified in paragraph (c) have been satisfied and the flows at the North Brogo gauge (219013) have exceeded 50 ML/day for at least 24 hours on a rising river and 20 ML/day on a falling river,
(e) the taking of water from uncontrolled flows in river reach 1C is only permitted to commence when the flow is sufficient to ensure that the flows at the Angledale gauge (219025) exceed 50 ML/day for at least 24 hours on a rising river and 20 ML/day on a falling river,
(f) the taking of water from uncontrolled flows in river reach 2 is only permitted to commence when:
(i) the river flows at the Angledale gauge (219025) have exceeded 50 ML/day for at least 24 hours on a rising river and 20 ML/day on a falling river, or
(ii) the flows at the Kanoona gauge (219032) have exceeded 65 ML/day for at least 24 hours.
In any uncontrolled flow event, total extraction of uncontrolled flow under subclause (2) in each section of the water source specified in subclause (3) (a) under regulated river (general security) access licences must not exceed an amount that is equal to 50% of the uncontrolled flow event volume.
Announcements providing access to uncontrolled flows in the Bega and Brogo Regulated Rivers Water Source, may only occur when flows are in excess of those necessary to satisfy the system operation rules specified in clause 33 and the volume required to supply water for basic landholder rights and higher priority access licences in the Bega and Brogo Regulated Rivers Water Source.
Access to uncontrolled flows must be shared in proportion to the share component of each regulated river (general security) access licence.
In any water year, the total amount of uncontrolled flow that may be taken under each regulated river (general security) access licence is limited to an amount that is equal to the difference between:
(a) the sum of available water determinations for that water year for regulated river (general security) access licences, and
(b) the maximum sum of available water determinations that can be made for regulated river (general security) access licences under Division 2 of Part 7 of this Plan.
Within 7 days of ceasing to take water from uncontrolled flows, regulated river (general security) access licence holders must supply State Water with meter readings taken immediately prior to and after the taking of uncontrolled flow.
If the total amount of uncontrolled flow taken under an access licence exceeds the limit specified in subclause (7), then a volume equivalent to the exceedence must be debited from the water allocation account for the access licence in that water year.
It is possible for the limits specified in subclause (7) to be exceeded if available water determinations increase after uncontrolled flows have been taken.
In this clause
Part 13 of this Plan allows for clause 61 to be amended.
Water may only be taken under a supplementary water access licence in the Bega and Brogo Regulated Rivers Water Source in accordance with announcements made by the Minister in relation to a supplementary flow event.
The following rules apply to announcements to authorise the taking of water under a supplementary water access licence during a supplementary flow event as referred to in subclause (1):
(a) subject to paragraph (b), announcements should be made for the following sections of the water source as defined in Schedule 8:
(i) river reach 1A,
(ii) river reach 1B,
(iii) river reach 1C, and
(iv) river reach 2,
(b) announcements should only be made when flows are in excess of those necessary to satisfy the system operation rules specified in clause 33 and the volume required to supply water for basic landholder rights and higher priority access licences in this water source,
(c) the taking of water under a supplementary water access licence nominating water supply works in river reach 1A should only be permitted to commence when the discharge over the Brogo Dam spillway in the immediately preceding 24 hour period has been in excess of 100 ML/day, or a discharge through the control valves in the immediate preceding 24 hour period has prevented a spillage over the spillway,
(d) the taking of water under a supplementary water access licence nominating water supply works in river reach 1B should only be permitted to commence when conditions as specified in paragraph (b) have been satisfied, and the flows at the North Brogo gauge (219013) exceed 100 ML/day for at least 24 hours,
(e) the taking of water under a supplementary water access licence nominating water supply works in river reach 1C should only be permitted to commence when the flow is sufficient to ensure that the flows at the Angledale gauge (219025) exceed 100 ML/day for at least 24 hours,
(f) the taking of water under a supplementary water access licence nominating water supply works in river reach 2 should only be permitted to commence when:
(i) the river flows at the Angledale gauge (219025) exceed 100 ML/day for at least 24 hours, or
(ii) the flows at the Kanoona gauge (219032) exceed 160 ML/day for at least 24 hours,
(g) during any period of access, total extractions under supplementary water access licences in each section of the water source specified in paragraph (a) must not exceed an amount that is equal to 50% of the supplementary flow event volume, and
(h) access to water is to be shared in proportion to the share component of each supplementary water access licence.
Part 13 of this Plan allows for clause 62 to be amended.
The rules in this Division apply to the taking of water under an access licence with a share component that specifies one of these water sources, excluding the Bega and Brogo Regulated Rivers Water Source.
Part 13 allows for amendments to be made to Division 3.
This Plan establishes the flow classes specified in Column 3 of Table B as the basis for the sharing of flows on a daily basis in the water sources to which this Division applies.
An access licence for a project under Part 3A, or State significant infrastructure approved under Part 5.1, of the Environmental Planning and Assessment Act 1979 must have mandatory conditions where required to give effect to the relevant access rules for the taking of water specified in clause 80 and Division 3 of Part 9 of this Plan.
This Division is made in accordance with sections 17 (c) and 100 of the Act.
Water supply work approvals for water supply works in these water sources must have mandatory conditions where required to give effect to the following:
(a) the water supply work must not be used to take water under an access licence unless in compliance with the relevant access rules for the taking of surface water or the taking of water from these alluvial sediments as specified in Division 3 of Part 9 of this Plan,
(b) when directed by the Minister by notice in writing, the approval holder must have metering equipment installed that meets the following requirements:
(i) the metering equipment must accurately measure and record the flow of all water taken through the water supply work,
(ii) the metering equipment must comply with the ATS 4747Australian Technical Specification suite: Meters for non-urban water supply as may be amended or superseded from time to time,
(iii) the metering equipment must be operated and maintained in a proper and efficient manner at all times,
(iv) the metering equipment must be sited and installed at a place in the pipe, channel or conduit between the water source and the first discharge outlet. There must be no flow of water into or out of the pipe, channel or conduit between the water source and the metering equipment, and
(v) any other requirements as to type, standard or other criteria for the metering equipment as specified in the notice,
Note— The Minister may direct a landholder or person to install, replace or to properly maintain metering equipment under section 326 of the Act.
(c) any other conditions required to implement the provisions of this Plan.
Water supply work approvals for water supply works in these water sources, excluding water supply work approvals for metered water supply works with a data logger, must have mandatory conditions where required to give effect to the following:
(a) the holder of the water supply work approval must keep a Logbook,
(b) the holder of the water supply work approval must record the following in the Logbook:
(i) each date and period of time during which water was taken using the water supply work,
(ii) the volume of water taken on that date,
(iii) the access licence number of the access licence under which water was taken on that date or if water was taken under some other authority (such as a basic landholder rights), the authority under which water was taken,
(iv) the purpose or purposes for which the water was taken on that date,
(v) details of any cropping carried out using the water taken through the water supply work, including the type of crop, area cropped and dates of planting and harvesting,
(vi) where metering equipment has been installed for use in connection with the water supply work, the meter reading before water is taken,
(vii) where metering equipment has not been installed for use in connection with the water supply work, details of all pumping activities for the water supply work including pump running hours, pump power usage or pump fuel usage, pump start and stop times and pump capacity per unit of time, and
(viii) any other information required to be recorded in the Logbook under the rules of this Plan,
(c) the holder of the water supply work approval must produce the Logbook to the Minister for inspection, when requested, and
(d) the holder of the water supply work approval must retain the information required to be recorded in the Logbook for five years from the date to which that information relates.
All water supply work approvals, except those authorising water supply works taking water from these alluvial sediments and any alluvial sediments within the Bega and Brogo Regulated Rivers Water Source, must contain mandatory conditions to require that the water supply work must not be used to take water unless, before water is taken, the holder of the water supply work approval confirms that cease to take conditions do not apply. Where the holder is required to keep a Logbook, the holder must record that confirmation and the means of confirmation (such as visual inspection or internet search), in the Logbook. In this paragraph
The water supply work approval for Cochrane Dam and Brogo Dam must have mandatory conditions where required to give effect to the relevant system operation rules in Part 6 of this Plan.
Water supply work approvals for runoff harvesting dams and in-river dams must have a mandatory condition where required to give effect to clause 72 (2).
A water supply work approval for a replacement groundwater work must have mandatory conditions to give effect to the requirements for a replacement groundwater work specified in, or specified by the Minister in accordance with, clause 75.
This clause applies to all water supply work approvals for water supply works that may be used to take water contained within these alluvial sediments including any alluvial sediments in the Bega and Brogo Regulated Rivers Water Source. This clause does not apply to water supply work approvals for excavations up to 3 metres in depth in the Mid Bega River Sands Water Source.
Water supply work approvals to which this clause applies must have mandatory conditions where required to give effect to the following:
(a) the rules for limiting the taking of water within the distance restrictions as specified in clause 80,
(b) the approval holder must ensure the water supply work is constructed so as to be:
(i) screened in the groundwater source nominated by the access licence, and
(ii) sealed off from all other water sources,
(c) the construction of a new water supply work must:
(i) comply with the distance restrictions specified in or specified by the Minister in accordance with clauses 76–79,
Note— If the water supply work has been exempted by the Minister from one or more distance restrictions specified in Division 2 of Part 10 of this Plan, then the approval holder must be able to demonstrate the basis for that exemption, for example if the exemption refers to a hydrogeological study which demonstrates that the location of the water supply work will have no more than minimal impact to the satisfaction of the Minister, then evidence must be able to be provided to that effect.
(ii) comply with the construction standards prescribed for the relevant type of bore in the Minimum Construction Requirements for Water Bores in Australia, 2003, ISBN 1 9209 2009 9, as may be amended from time to time or any standards which supersede those standards, and
(iii) be constructed appropriately so as to prevent contamination between aquifers,
(d) the approval holder must ensure that if the water supply work is abandoned or replaced it is decommissioned in compliance with the “minimum requirements for decommissioning bores” prescribed in the Minimum Construction Requirements for Water Bores in Australia, 2003, ISBN 1 9209 2009 9, as amended or replaced from time to time, unless otherwise directed by the Minister in writing,
(e) within two months of the decommissioning of the water supply work, the approval holder must notify the Minister in writing that the water supply work has been decommissioned,
(f) the approval holder must, within two months of completion of the construction of the water supply work or within two months after the issue of the water supply work approval if the water supply work is existing, submit to the NSW Office of Water the approved form completed with all relevant details, including:
(i) the name and licence number of the driller who constructed the water supply work,
(ii) the details of geology and construction as required by the approved form,
(iii) details of the location of the water supply work on a copy of the lot and deposited plan of the land, its geographical reference accurate to ± 5 metres and the respective distance(s) of the work from the property boundaries, and
(iv) if the Minister has requested any water analysis and/or pumping tests to be carried out, details of the water analysis and/or pumping tests required by the Minister,
(g) if, during the construction of the water supply work, saline or contaminated water is encountered above the production aquifer, the approval holder must:
(i) notify the Minister within 48 hours of becoming aware of the contaminated water,
(ii) take all reasonable steps to minimise contamination and environmental harm,
(iii) ensure that such water is sealed off by inserting casing to a depth sufficient to exclude the saline or contaminated water from the water supply work and if specified by the Minister, place an impermeable seal between the casing(s) and the walls of the water supply work from the bottom of the casing to ground level as specified by the Minister, and
(iv) if the Minister has specified any other requirements, comply with any requirements specified by the Minister in writing,
(h) when directed by the Minister by notice in writing, the approval holder must provide a report in the form specified in the notice detailing the quality of any water obtained using the water supply work,
(i) the water supply work approval lapses if the construction of the water supply work is not completed within three years of the issue of the water supply work approval, and
(j) any other conditions required to implement the provisions of this Plan.
A water supply work approval granted under clause 76 (2) (e), must have a mandatory condition to give effect to clause 76 (3).
Part 13 of this Plan allows for amendments to be made to clause 91.
Amendments specified throughout this Plan, and in this Part, are amendments authorised by this Plan.
An amendment authorised by this Plan which results in a variation of the bulk access regime, is an amendment authorised by this Plan for the purposes of sections 87 (2) (c) and 87AA of the Act.
Part 1 may be amended to do any of the following:
(a) apply this Plan to new or additional water sources or water management areas (including part thereof), or to modify (including to amend the boundaries thereof included in this Plan) or remove an existing water source or water management area (including part thereof),
(b) add, remove or modify a management zone, including the water sources to which a management zone applies and the boundaries of such a zone,
(c) add, remove or modify an extraction management unit, including the water sources to which an extraction management unit applies, and
(d) amend the Registered Map.
After year 9 of this Plan, Part 6 may be amended to establish an environmental contingency allowance (hereafter
(a) to assist in the management of critical environmental events, such as algal blooms and chemical spills, and
(b) to maintain aquatic ecosystem health.
Division 1 of Part 9 may be amended to do any of the following:
(a) amend clause 57 to permit water allocations remaining in water allocation accounts of regulated river (general security) access licences to be carried over from one water year to the next once the total volume of water extracted by regulated river (general security) access licences in a single water year exceeds an amount equivalent to 0.75 ML per unit share of their access licence share component,
(b) an amendment made under paragraph (a) is limited such that the maximum amount of water allocation that may be carried over from one water year to the next does not exceed 0.1 ML per unit share of access licence share component, and
(c) following an amendment under paragraph (a), amend clause 57 to establish rules for the debiting of water allocation accounts of regulated river (general security) access licences when water is spilled from Brogo Dam.
Clauses 61 (4) and 62 (2) (g) may be amended to allow the 50% of the uncontrolled flow event to be protected to be calculated on a daily basis or to be calculated as a forecast event volume over certain thresholds.
Division 3 of Part 9 of this Plan may be amended to do any of the following:
(a) amend the top of the Very Low Flow Class and the bottom of A Class for the following water sources, following field verification to ensure that the top of the Very Low Flow Class and the bottom of A Class correlate to a visible flow at the end of the system:
(i) Candelo Creek Water Source,
(ii) Sandy Creek Water Source,
(iii) Lower Tantawangalo Creek Management Zone of the Tantawangalo Creek Water Source, and
(iv) Wolumla Creek Water Source,
(b) amend the top of the Very Low Flow Class and the bottom of A Class for the following water sources, following field verification to ensure that the top of the Very Low Flow Class and the bottom of A Class correlate to a visible flow at the end of Double Creek:
(i) Mid Bega River Tributaries Water Source,
(ii) Upper Bega/Bemboka Rivers Tributaries Water Source, and
(iii) Lower Bega/Lower Brogo Rivers Tributaries Water Source,
(c) any amendment made under paragraphs (a) and (b) should result in the top of the Very Low Flow Class and bottom of A Class being within the following range for the:
(i) Candelo Creek Water Source: between 1.5 and 4.5 ML/day at the Yurammie gauge (219034) on Candelo Creek,
(ii) Sandy Creek Water Source: between 1.5 and 4.5 ML/day at the Yurammie gauge (219034) on Candelo Creek,
(iii) Lower Tantawangalo Creek Management Zone of the Tantawangalo Creek Water Source: between 1 and 7 ML/day at the Candelo dam site gauge (219022) on Tantawangalo Creek,
(iv) Wolumla Creek Water Source: between 1.5 and 4.5 ML/day at the Yurammie gauge (219034) on Candelo Creek,
(v) Mid Bega River Tributaries Water Source: between 1 and 3 ML/day at the Double Creek gauge (219017) in the Lower Bega/Lower Brogo Rivers Tributaries Water Source,
(vi) Upper Bega/Bemboka Rivers Tributaries Water Source: between 1 and 3 ML/day at the Double Creek gauge (219017) in the Lower Bega/Lower Brogo Rivers Tributaries Water Source, and
(vii) Lower Bega/Lower Brogo Rivers Tributaries Water Source: between 1 and 3 ML/day at the Double Creek gauge (219017),
(d) amend the top of the Very Low Flow Class and the bottom of the Low Flow Class for the Upper Bega/Bemboka Rivers Water Source to specify a flow of up to 5 ML/day at the flow reference point if local water utility requirements cannot be met because of changes in the frequency of inflows to the Mid Bega River Sands Water Source,
(e) amend the flow classes in Table B in clause 64 to merge the Low Flow Class with A Class if all access licences in the water source have been accredited under clause 65 (5),
(f) establish a new or additional flow class or 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 93,
(g) add, remove or modify the reference point for these water sources or management zones,
(h) add, remove or modify the description of flows at the reference point for these water sources or management zones as a result of an amendment under paragraph (g),
(i) add, remove or modify the commencement date for a flow class,
(j) add. remove or modify the water sources or management zones to which these flow classes apply,
(k) amend clause 65 to:
(i) specify alternate access rules for lagoons, lakes, in-river pools and other lentic water features, and/or
(ii) specify new access rules following an amendment under paragraph (e),
(l) amend clause 66 to specify equivalent flows at a flow reference point at the Tantawangalo weir,
(m) amend clause 67 to require access licences, excluding access licences specified in clause 67 (6), (7), (8) and (10), that nominate a water supply work that may be used to take water from particular areas in these alluvial sediments located more than 40 metres from the top of the high bank of a river, to be subject to the same access rules as unregulated river access licences for the corresponding water source or management zone specified in clause 65 of this Plan but with a delay as to when water may be taken,
(n) amend clause 67 to require access licences, excluding access licences specified in clause 67 (6), (7), (8) and (10), that nominate a water supply work that may be used to take water from areas in these alluvial sediments and that are located within 40 metres or less from the top of the high bank of a river to be subject to access rules that refer to a visible flow in the water source at the location at which water is proposed to be taken. For the purposes of this amendment, a visible flow at the pump site is taken to mean a visible flow in the river immediately adjacent to the water supply work being used to take water from the alluvial sediments,
(o) establish or assign new TDELs in these water sources or management zones following the imposition of an adaptive environmental water condition on an access licence that requires the water to be left in the water source or management zone for environmental purposes,
(p) establish or assign new TDELs in these water sources or management zones to protect a proportion of flow within each flow class for the environment,
(q) amend or remove TDELs if TDELs have been established or assigned under paragraphs (o) and/or (p),
(r) from year 6 of this Plan, establish or assign new TDELs, amend or remove TDELs, establish, assign and later remove IDELs where licences have been accredited under clause 65 (5),
(s) establish or assign new TDELs, amend or remove TDELs, establish, assign and later remove IDELs following an amendment under paragraph (e),
(t) include rules for the establishment, assignment and removal of IDELs if IDELs are to be imposed on licences under clause 70 (5),
(u) amend clause 65 to remove the existing access rules where TDELs and/or IDELs have been established under paragraphs (p) and/or (t) to protect a proportion of flow within each flow class for the environment,
(v) amend clause 65 to reinstate access rules that applied at the commencement of this Plan, where TDELs and IDELs have been removed under paragraphs (s) and/or (t),
(w) amend clauses 65 and 67 to modify the volume of water permitted to be taken for stock watering purposes, and/or
(x) amend clause 70 to establish rules which will allow for:
(i) IDELs to be expressed as a share of the daily flow, and
(ii) daily flows to be shared in proportion to those shares established under paragraph (h).
Part 10 may be amended to do any of the following:
(a) amend clause 72 (1) to specify additional water sources or management zones or amend the water sources or management zones where water supply work approvals must not be granted and amended to authorise an in-river dam on third order or higher streams,
(b) amend the definition of a replacement groundwater work in clause 75,
(c) add, remove or modify a restricted distance specified in:
(i) clause 76 after year 5 of this Plan, or
(ii) clause 78 based on the outcomes of further studies of groundwater ecosystem dependency that have been assessed as adequate by the Minister, and
(d) amend clause 80 to impose further restrictions on the rate and timing of extraction of water from the respective water source to mitigate impacts.
Part 11 may be amended to do any of the following:
(a) amend the rules in relation to record- keeping, including amendments in relation to the requirements for Logbooks, or
(b) amend clause 91 to specify different standards for decommissioning water supply works or different construction requirements for water supply works.
Schedule 1 may be amended to add, modify and/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, remove the corresponding water source from Column 2 of Schedule 2 and to remove the corresponding access rule from Column 3 of Schedule 2,
(b) amend an access rule specified in Column 3, or
(c) add an access licence to Column 1 of Schedule 2, specify a water source in Column 2 of Schedule 2 and to specify an access rule in Column 3 of Schedule 2.
Schedule 3 may be amended to do any of the following:
(a) add a new access licence to clause 1 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 covered in clause 65 (16) (a) and that purpose was specified on the former Water Act 1912 entitlement that was replaced by the access licence or referred to in its conditions,
(b) add a local water utility access licence or an unregulated river (subcategory “town water supply”) access licence to clause 2 of Schedule 3, provided the Minister is satisfied that the water supply system used to extract, store and deliver water has not undergone major augmentation since the commencement of this Plan,
(c) remove a local water utility access licence or an unregulated river (subcategory “town water supply”) access licence or entitlement from Schedule 3 if:
(i) an access licence dealing results in the water being extracted under the licence being taken from a different location,
(ii) an alternative water supply is obtained, or
(iii) the licence is surrendered or cancelled or its purpose ceases to exist,
(d) remove a local water utility access licence or entitlement from clause 2 of Schedule 3 if the Minister is satisfied that the water supply system used to extract, store and deliver water has undergone major augmentation since the commencement of this Plan,
(e) add a new access licence to clause 3 of Schedule 3, provided that the Minister is satisfied that the access licence is for the purpose of power generation and that purpose was specified on, or referred to in the conditions of, the former Water Act 1912 entitlement that the access licence replaced on commencement of this Plan, and/or
(f) remove an access licence from clause 3 of Schedule 3.
Schedule 3 may be deleted if the Minister is satisfied that it is no longer required.
Schedule 5 may be amended to:
(a) add a new access licence to clause 1 of Schedule 5, 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 67 (8) and that purpose was specified on, or referred to in the conditions, of the former Water Act 1912 entitlement that was replaced by the access licence,
(b) add a local water utility access licence or an aquifer (subcategory “town water supply”) access licence to clause 2 of Schedule 5, provided the Minister is satisfied that the water supply system used to extract, store and deliver water has not undergone major augmentation since the commencement of this Plan,
(c) remove a local water utility access licence or an aquifer (subcategory “town water supply”) access licence or entitlement from clause 2 of Schedule 5 if the Minister is satisfied that the water supply system used to extract, store and deliver water has undergone major augmentation since the commencement of this Plan, or
(d) remove an access licence or entitlement from Schedule 5 if:
(i) an access licence dealing results in the water being extracted under the licence being taken from a different location,
(ii) an alternative water supply is obtained, or
(iii) the licence is surrendered or cancelled or its purpose ceases to exist.
Schedule 5 may be deleted if the Minister is satisfied that it is no longer required.
Schedule 6 may be amended to add or remove a contamination source.
Schedule 7 may be amended to:
(a) add or remove a sensitive environmental area, or
(b) add a new high priority groundwater dependent ecosystem after year 5 of this Plan, or to remove a high priority groundwater dependent ecosystem.
Schedule 8 may be amended to:
(a) add or remove a river reach, or
(b) amend the definition of a river reach.
This Plan may be amended to provide for the management of floodplain harvesting within these water sources.
This Plan may be amended to provide for the shepherding of water.
This Plan may be amended to include rules for any new category of access licence established for the purpose of stormwater harvesting, provided that the amendments do not affect the long-term average annual extraction limit specified in this Plan.
This Plan may be amended to provide for the interception of runoff from land before it reaches a stream by plantations or other means.
This Plan may be amended to allow for the granting of aquifer interference approvals and the management of aquifer interference activities.
Consequential amendments may be made to this Plan as a result of an amendment to the Act or regulations.
The Strahler stream ordering method is as described in the Order made under section 5 of the Water Act 1912 published in the NSW Government Gazette No 37 on 24 March 2006 page 1500, or as may be amended or updated from time to time by further Order.
This Schedule applies to each access licence which replaces a Water Act 1912 entitlement listed in Column 1 below.
Column 1 | Column 2 | Column 3 |
Water Act 1912 entitlements from which access licences will be derived on commencement of this Plan | Water Source | Access rules |
10SL055265 | Lower Bega/Lower Brogo Rivers Tributaries | Water must not be taken for the purposes of dam filling when the flow in the Double Creek at the Double Creek near Brogo gauge (219017) is 10 ML/day or less. |
10SL056563 | Tantawangalo Creek Water Source | Water must not be taken for the purposes of dam filling when the flow in the Tantawangalo Creek at the Candelo Dam Site gauge (219002) is 85 ML/day or less. |
10SL50272 | Tantawangalo Creek Water Source | Water must not be taken for the purposes of dam filling when the flow in the Tantawangalo Creek at the Candelo Dam Site gauge (219002) is 25 ML/day or less. |
10SL51426 | Tantawangalo Creek Water Source | Water must not be taken for the purposes of dam filling when the flow in the Tantawangalo Creek at the Candelo Dam Site gauge (219002) is 25 ML/day or less. |
10SL52181 | Tantawangalo Creek Water Source | Water must not be taken for the purposes of dam filling when the flow in the Tantawangalo Creek at the Candelo Dam Site gauge (219002) is 25 ML/day or less. |
10SL055316 | Tantawangalo Creek Water Source | Water must not be taken for the purposes of dam filling when the flow in the Tantawangalo Creek at the Candelo Dam Site gauge (219002) is 25 ML/day or less. |
10SL033852 | Upper Bega/Bemboka River Tributaries Water Source | Water must not be taken for the purposes of dam filling when the flow in the Bega River at the Kanoona gauge (219032) is 65 ML/day or less. |
10SL051883 | Upper Bega/Bemboka River Tributaries Water Source | Water must not be taken for the purposes of dam filling when the flow in the Bega River at the Kanoona gauge (219032) is 65 ML/day or less. |
10SL056155 | Wolumla Creek Water Source | Water must not be taken for the purposes of dam filling when the flow in the Tantawangalo Creek at the Candelo Dam Site gauge (219002) is 100 ML/day or less. |
10SL056615 | Wolumla Creek Water Source | Water must not be taken for the purposes of dam filling when the flow in the Bega River at the Kanoona gauge (219032) is 5 ML/day or less. |
This clause applies to each access licence which replaces a Water Act 1912 entitlement listed in the table below.
Water Act 1912 entitlements that will be replaced by access licences on commencement of this Plan |
10SL023744 |
10SL028713 |
10SL033499 |
10SL034803 |
10SL036861 |
10SL038347 |
10SL038357 |
10SL038908 |
10SL040285 |
10SL041035 |
10SL043914 |
10SL044170 |
10SL044297 |
10SL046418 |
10SL046771 |
10SL047138 |
10SL047197 |
10SL050651 |
10SL051352 |
10SL051421 |
10SL055125 |
10SL055230 |
10SL055251 |
10SL055265 |
10SL055471 |
10SL055735 |
10SL055759 |
10SL055783 |
10SL055788 |
10SL055880 |
10SL056155 |
10SL056508 |
10SL056571 |
10SL056786 |
This clause applies to each access licence which replaces a Water Act 1912 entitlement listed in the table below.
Water Act 1912 entitlements that will be replaced by local water utility access licences or unregulated river (subcategory “town water supply”) access licences on commencement of this Plan |
10SL014767 |
10SL024007 |
This clause applies to each access licence which replaces a Water Act 1912 entitlement listed in the table below.
Water Act 1912 entitlements that will be replaced by unregulated river access licences on commencement of this Plan |
10SL008283 |
10SL014029 |
This Schedule applies to each access licence which replaces a Water Act 1912 entitlement listed in the table below.
Water Act 1912 entitlements that will be replaced by access licences on commencement of this Plan |
10SL055045 |
10SL052117 |
10SL055682 |
10SL055026 |
10SL055795 |
10SL056785 |
10SL051883 |
This clause applies to each access licence which replaces a Water Act 1912 entitlement listed in the table below.
Water Act 1912 entitlements that will be replaced by access licences on commencement of this Plan |
10BL023392 |
10BL162601 |
10BL028458 |
10BL106170 |
10BL152381 |
10BL164389 |
10BL136417 |
10BL023974 |
10BL024407 |
10BL116725 |
10BL134503 |
10BL601995 |
10BL157859 |
10BL159437 |
10BL163579 |
10BL013265 |
10BL020208 |
10BL155419 |
10BL161424 |
This clause applies to an access licence which replaces a Water Act 1912 entitlement listed in the table below.
Water Act 1912 entitlements that will be replaced by local water utility access licences or aquifer (subcategory “town water supply”) access licences on commencement of this Plan |
10BL110482 |
10BL110483 |
10BL110484 |
10BL110485 |
10BL110486 |
Contamination sources in these water sources are the following:
(a) on site sewage disposal systems or septic tanks,
(b) any sites which have been declared to be significantly contaminated land under the Contaminated Land Management Act 1997,
(c) any sites with a historical use that is listed in Table 1 of Managing Land Contamination. Planning Guidelines SEPP 55 – Remediation of Land, and
(d) any sites listed in an agency database relating to contamination sources.
At the commencement of this Plan, no high priority groundwater dependent ecosystems have been identified in this Schedule.
High priority groundwater dependent ecosystems (
River reaches in the Bega and Brogo Rivers Regulated Water Source for the purposes on management of extractions during uncontrolled flow events are:
River reach | River reach definition |
1A | Brogo River from the upper reaches of Brogo Dam to the North Brogo gauge (219025). |
1B | Brogo River from the North Brogo gauge to the Angledale gauge (219025). |
1C | Brogo River from the Angledale gauge to the Bega River junction. |
2 | Bega River from the Brogo River junction to the end of the regulated river. |
Copies of the Registered Map may be inspected at the following offices:
• NSW Office of Water
Department of Environment, Climate Change and Water
10 Valentine Ave
PARRAMATTA NSW 2150
• NSW Office of Water
Department of Environment, Climate Change and Water
Level 3, 84 Crown St
WOLLONGONG NSW 2520
• NSW Office of Water
Department of Environment, Climate Change and Water
Suite 2 Bega Centre
106 Auckland St
BEGA NSW 2550
It is expected that those access licences which replace a Water Act 1912 entitlement listed in Column 1 of the table below, which have a share component that specifies the water source listed in Column 2 of the table below, will have the access rule specified in Column 3 imposed as a mandatory condition to give effect to clause 65 (4) of this Plan.
Column 1 | Column 2 | Column 3 |
Water Act 1912 entitlements that will be replaced by access licences on commencement of this Plan | Water Source | Access rules |
10SL055731 | Mid Bega River Tributaries | Water must not be taken when the flow in Bega River at the Kanoona gauge (219032) is less than 45 ML/day. |
10SL056464 | Wolumla Creek Water Source | Water must not be taken when the flow in Candelo Creek at Greenmount Road (Yurammie no. 4) gauge (219034) is less than 14 ML/day. |
0
0
0