Water Sharing Plan for the Bellinger River Area Unregulated and Alluvial Water Sources 2020 (NSW)

New South Wales

Water Sharing Plan for the Bellinger River Area

Unregulated and Alluvial Water Sources 2020

under the

Water Management Act 2000

I, Melinda Pavey, the Minister for Water, Property and Housing do, by this Order, in
pursuance of section 50 of the Water Management Act 2000, make the following

Minister’s plan, being the Water Sharing Plan for the Bellinger River Area Unregulated

and Alluvial Water Sources 2020.

Dated this 29th day of June 2020.

MELINDA PAVEY, MP

Minister for Water, Property and Housing

Explanatory note

This Plan replaces the Water Sharing Plan for the Bellinger River Area Unregulated and Alluvial

Water Sources 2008.

This Order is made under section 50 of the Water Management Act 2000. The concurrence of the

Minister for Energy and Environment was obtained prior to the making of this Plan.

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Contents

Part 1

Introduction ......................................................................................................... 4

Part 2

Vision, objectives, strategies and performance indicators .................................. 8

Part 3

Bulk access regime............................................................................................ 19

Part 4

Environmental water provisions ....................................................................... 21

Part 5

Requirements for water ..................................................................................... 23

Division 1	General .................................................................................... 23
Division 2	Requirements for water for basic landholder rights ........... 23
Division 3	Requirements for water under access licences .................... 25

Part 6

Limits to the availability of water ..................................................................... 27

Division 1	Long-term average annual extraction limits ........................ 27
Division 2	Available water determinations ............................................ 29

Part 7

Rules for granting access licences .................................................................... 31

Part 8

Operation of water allocation accounts and managing access licences ............ 33

Division 1	Accounting for water allocation accounts ............................ 33
Division 2	Flow classes ............................................................................. 34
Division 3	Access rules for taking of surface water ............................... 37
Division 4	Access rules for taking of groundwater ................................ 40

Part 9

Rules for water supply work approvals ............................................................. 44

Division 1	General .................................................................................... 44
Division 2	Rules for water supply works that take surface water ....... 45
Division 3	Rules for water supply works that take groundwater ........ 46

Part 10

Access licence dealing rules ............................................................................. 52

Part 11

Mandatory conditions ....................................................................................... 59

Division 1	General .................................................................................... 59
Division 2	Access licences ......................................................................... 59
Division 3	Water supply work approvals ............................................... 60
Division 4	Water supply work approvals for groundwater .................. 63

Part 12

Amendment of this Plan .................................................................................... 66

Dictionary	.................................................................................................. 69
Schedule 1	Access licences permitted to take from very low flows ....... 71
Schedule 2	Contamination sources (clause 55) ....................................... 72
Appendix 1	Overview of the Plan Map (clause 4) .................................... 73

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Appendix 2 Overview of the High Priority Groundwater-Dependent
Ecosystem Map (clauses 4 and 56) ........................................ 74

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Water Sharing Plan for the Bellinger River Area

Unregulated and Alluvial Water Sources 2020

Notes.

1 In accordance with section 48 of the Water Management Act 2000, the Minister must take all reasonable steps to give effect to the provisions of this Plan when exercising functions under the Act.

2 In accordance with section 49 of the Water Management Act 2000, public authorities must also have regard to the provisions of this Plan to the extent they apply to the public authority.

3 The Minister may amend this Plan at any time under section 45 of the Water Management Act 2000, including if satisfied it is in the public interest to do so, or in such circumstances, in relation to such matters and to such extent as Part 12 of this Plan provides.

Part 1 Introduction

1        Name of Plan

This Plan is the Water Sharing Plan for the Bellinger River Area Unregulated and

Alluvial Water Sources 2020 (this Plan).

2        Nature and status of Plan

(1)	This Plan is made under section 50 of the Water Management Act 2000 (the Act).
(2)	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.

Note. Where a provision of this Plan is made for the purposes of another section of the Act, the section is referred to in the notes to this Plan.

3        Commencement

This Plan commences on 1 July 2020.

Notes.

1          This Plan replaces the Water Sharing Plan for the Bellinger River Area Unregulated and

Alluvial Water Sources 2008.

2 In accordance with section 43 of the Act, this Plan will have effect for 10 years from 1 July 2020. In accordance with section 43A of the Act, the Minister may extend this Plan for a further period of 10 years after it is due to expire.

4        Application of Plan

(1) This Plan applies to the following water sources within the Upper North Coast Water

Management Area (the water sources):

(a)	Bellinger River Coastal Floodplain Alluvial Groundwater Water Source,
(b)	Bellinger River Water Source,
(c)	Boggy Creek Water Source,

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(d)	Coastal Bellinger Water Source,
(e)	Coastal Kalang Water Source,
(f)	Dalhousie Creek Water Source,
(g)	Hydes Creek Water Source,
(h)	Kalang River Water Source,

(i)       Never Never Creek Water Source,

(j)	Rosewood Creek Water Source,
(k)	Spicketts Creek Water Source,
(l)	Thora–North Arm Bellinger River Water Source.

Note. The Upper North Coast Water Management Area was constituted by Ministerial order
made under section 11 of the Act and published in the NSW Government Gazette No 180 on 23

November 2001 at page 9389.

(2)

The boundaries of the water sources are shown on the Plan Map (WSP002_Version 2)

Water Sharing Plan for the Bellinger River Area Unregulated and Alluvial Water

Sources 2020 (the Plan Map), held by the Department.

Notes.

1	The Plan Map shows the extent of the water sources, including the extent of the Bellinger River Coastal Floodplain Alluvial Groundwater Water Source below the surface of the ground. The Plan Map also shows the indicative extent of groundwater contained within the other water sources covered by this Plan.
2	The Plan Map is part of this Plan and is available on the NSW legislation website. An overview of the Plan Map is shown in Appendix 1.

(3)

The waters in the water sources comprise the following:

(a) all water occurring on the surface of the land, including but not limited to all rivers, lakes and wetlands, within the boundaries of the water sources shown on the Plan Map, other than the Bellinger River Coastal Floodplain Alluvial

Groundwater Water Source (surface water),

(b) all water contained within all unconsolidated alluvial sediments below the surface of the ground within the boundaries of the water sources shown on the

Plan Map (groundwater).

Notes.

1	Unconsolidated alluvial sediments is defined in the Dictionary.
2	At the commencement of this Plan, the known extent of the alluvial sediments is shown on the Plan Map. This Plan applies to all alluvial sediments within the boundaries of the water sources, which may include alluvial sediments not shown on the Plan Map.

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(4)

Where groundwater is contained within the boundaries of the Bellinger River Coastal
Floodplain Alluvial Groundwater Water Source as shown on the Plan Map, that

groundwater is excluded from any other water source to which this Plan applies.

Note. The groundwater in the Bellinger River Coastal Floodplain Alluvial Groundwater Water Source lies below the surface of parts of the Coastal Bellinger Water Source, Coastal Kalang Water Source, Kalang River Water Source and the Hydes Creek Water Source.

(5)

The high priority groundwater-dependent ecosystems for the purposes of this Plan are
shown on the High Priority Groundwater-Dependent Ecosystem Map

(GDE026_Version 1), Water Sharing Plan for the Bellinger River Area Unregulated

and Alluvial Water Sources 2020 (the High Priority Groundwater-Dependent

Ecosystem Map), held by the Department.

Notes.

1	Groundwater-dependent ecosystem is defined in the Dictionary.
2	The High Priority Groundwater-Dependent Ecosystem Map is part of this Plan and is available on the NSW legislation website. An overview of the High Priority Groundwater- Dependent Ecosystem Map is shown in Appendix 2.

5        Management zones

(1)  The Bellinger River Water Source is divided into the following management zones:

(a)	Tidal Pool Management Zone,
(b)	Upper Bellinger River Management Zone,
(c)	Lower Bellinger River Management Zone.

(2)

The Coastal Bellinger Water Source, the Coastal Kalang Water Source, the Hydes Creek Water Source and the Kalang River Water Source are each divided into the

following management zones:

(a)	Non Tidal Management Zone,
(b)	Tidal Pool Management Zone.

Note. Management zone is defined in the Dictionary.

(3)

The Thora–North Arm Bellinger River Water Source is divided into the following

management zones:

(a)	Upper Thora–North Arm Bellinger River Management Zone,
(b)	Lower Thora–North Arm Bellinger River Management Zone.

(4)

The management zones in subclauses (1), (2) and (3) are shown on the Plan Map.

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6        Extraction management units

(1)  This clause establishes the following extraction management units:

(a)	the Bellinger River Catchment Extraction Management Unit,
(b)	the Bellinger River Coastal Floodplain Alluvial Extraction Management Unit,
(c)	the Dalhousie Creek Catchment Extraction Management Unit.

(2)	The Bellinger River Catchment Extraction Management Unit consists of all of the water sources, other than the Bellinger River Coastal Floodplain Alluvial
Groundwater Water Source and the Dalhousie Creek Water Source.
(3)	The Bellinger River Coastal Floodplain Alluvial Extraction Management Unit consists
of the Bellinger River Coastal Floodplain Alluvial Groundwater Water Source.
(4)	The Dalhousie Creek Catchment Extraction Management Unit consists of the
Dalhousie Creek Water Source.

7        Interpretation

(1) Unless otherwise defined in this Plan, words and expressions that are defined in the

Act or in the regulations made under the Act have the same meaning in this Plan.

(2)	Words and expressions that are defined in the Dictionary have the meaning set out in
the Dictionary.
(3)	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.
(4)	The Dictionary and Schedules to this Plan form part of this Plan.
(5)	The Plan Map and the High Priority Groundwater-Dependent Ecosystem Map form
part of this Plan.
(6)	A number in brackets following the name of a gauge is the gauge number.
(7)	Notes in the text of this Plan do not form part of this Plan.
(8)	Appendices to this Plan do not form part of this Plan.

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Part 2	Vision, objectives, strategies and performance indicators
Notes.

1 This Part is made in accordance with section 35 (1) of the Act.

2          This Part describes broad objectives, which are the long-term outcomes sought by this Plan and are not directly measured but evaluated by considering the cumulative achievement of the associated targeted objectives. Targeted objectives described in this Part are specific outcomes that can be achieved by the strategies in this Plan and can be directly measured so that success or failure to achieve the objective can be quantified.

8        Acknowledgement

Respect is paid to the traditional owners of this country, who are acknowledged as the first natural resource managers within the Upper North Coast Water Management

Area.

9        Vision statement

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

(a) the health and enhancement of the water sources and their dependent

ecosystems,

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

communities,

(d) the social and cultural benefits to urban and rural communities that result from

water.

10      Environmental objectives

(1) The broad environmental objective of this Plan is to protect, and where possible
enhance and restore, the condition of the water sources and their water-dependent

ecosystems.

Note. The water-dependent ecosystems of the water sources include instream, riparian and floodplain ecosystems, and groundwater-dependent ecosystems.

(2)	The targeted environmental objectives of this Plan are:
(a) to protect, and where possible, enhance and restore, the following over the term

of this Plan:

(i)       the recorded distribution or extent of target ecological populations

including native fish and native vegetation,

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(ii)      the population structure of target ecological populations including native fish, native vegetation, low flow macroinvertebrate communities and

high priority groundwater-dependent ecosystems,

(iii)     the connectivity between and within water sources, including to support surface and groundwater exchange and downstream processes including

priority fish passages,

(iv)     connectivity between tidal pools, connected estuaries and connected

upstream water sources,

(v)       water quality within target ranges to support water-dependent ecosystems

and ecosystem functions,

(vi)     flows that support ecosystem values and processes within connected

estuaries, and

(b) to contribute to the prevention of structural damage to aquifers of the water

sources resulting from groundwater extraction.

Note. Structural damage to an aquifer is defined in the Dictionary.

Notes.
1	Target ecological populations is defined in the Dictionary and may include populations of native fish, native vegetation and low flow macroinvertebrate communities.
2	Target native fish and native vegetation populations are to be set out in the MER plan.
3	Measures of population structure may include the abundance or spatial extent of a species, different age classes or life stages within a species population, or measures that describe the health and condition of species or populations.
4	Priority fish passages in the water sources are to be set out in the MER plan. Downstream processes in these water sources may include maintaining connectivity with downstream water sources.

(3)	The strategies for reaching the targeted environmental objectives of this Plan are as
follows:
(a) reserve all water volume in excess of each long-term average annual extraction

limit for the environment,

Note. Part 4 reserves all water remaining above the long-term average annual extraction limit in each extraction management unit for the environment. This contributes to the protection of target ecological populations.

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

regimes in the water sources,

Notes.

1 Flow regimes is defined in the Dictionary.

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2          The provisions in Division 2 of Part 8 establish flow classes that manage the take of water.

(c) restrict the take of water from an in-river pool or off-river pool when the volume of water in the pool is less than the volume of water that can be held by

the pool when at full capacity,

Notes.

1	Full capacity, in-river pool and off-river pool are defined in the Dictionary.
2	The provisions in clause 42 restrict the take of water from in-river pools and off- river pools when the volume is less than full capacity.

(d)

restrict or prevent water supply work approvals on third order or higher streams

within specified water sources,

Notes.

1	The provisions in Part 9 prevent the granting or amending of a water supply work approval for an in-river dam on a third order or higher stream in the water sources listed in clause 46.
2	Third order or higher stream is defined in the Dictionary.

(e)

reserve a portion of natural flows to maintain hydrological connectivity between the water sources and other connected water sources, including

connectivity between tidal pools and estuaries,

Note. The provisions in clause 42 ensure that very low flows are protected from extraction.

(f) manage the construction and use of water supply works to minimise impacts on instream ecosystems, high priority groundwater-dependent ecosystems and

groundwater quality.

Note. Part 9 establishes provisions that manage the location, construction and use of water supply works.

(4)	The performance indicator used to measure the success of the strategies for reaching the broad environmental objective in subclause (1) is an evaluation of the extent to which the combined outcomes of the targeted objectives in subclause (2) have
contributed to achieving the broad objective.
(5)	The performance indicators used to measure the success of the strategies for reaching the targeted environmental objectives in subclause (2) are the changes or trends in the ecological condition of the water sources during the term of this Plan as assessed
using one or more of the following:
(a) the recorded range or extent of target populations including native fish, native turtles, native vegetation communities and high priority groundwater-dependent

ecosystems,

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(b) the recorded condition of target populations of native fish, native vegetation, low flow macroinvertebrate communities and high priority groundwater-

dependent ecosystems,

(c)	measurements of fish movements through priority fish passage areas,
(d)	measurements of flows through tidal pools and into connected estuaries,
(e)	the recorded values of water quality measurements including salinity, turbidity,

total nitrogen, total phosphorous, pH, water temperature and dissolved oxygen,

(f)	the recorded values of groundwater levels,
(g)	the extent to which the strategies have provided flow conditions of sufficient magnitude, frequency, duration, timing and water quality to achieve the

targeted environmental objectives,

(h) the extent to which the strategies have provided flow conditions of sufficient magnitude, frequency and timing to tidal pool management zones with

designated estuary flow requirements.

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

have been implemented and complied with,

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

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

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

environmental objectives,

(d) the extent to which external influences on the water sources and their dependent ecosystems during the term of this Plan have affected progress toward

achieving the environmental objectives.

Note. External influences may include long- and short-term climate trends, land use patterns and other factors.

11      Economic objectives

(1) The broad economic objective of this Plan is to maintain, and where possible improve,
access to water to optimise economic benefits for agriculture, water-dependent

industries and local economies.

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(2)	The targeted economic objectives of this Plan are as follows:
(a) to maintain, and where possible improve, water trading opportunities for water-

dependent businesses,

Note. Trading is a generic term referring to dealings under Division 4 of Part 2 of

Chapter 3 of the Act.

(b) to maintain, and where possible improve, access to water up to the long-term average annual extraction limits for agriculture, water-dependent businesses

and landholders,

(c) to protect, and where possible, improve connectivity to provide flows that

support economic activities in connected estuaries,

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

water-dependent businesses and landholders.

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

environmental constraints and local impacts,

Note. The provisions in Part 10 of this Plan permit a variety of dealings within environmental constraints, including assignment of rights under access licences, assignment of water allocations between access licences, and the ability to move the share component of an access licence from one water source to another.

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

users,

Note. The compliance with extraction limit provisions in Division 1 of Part 6 and the flow class and access provisions in Division 2 of Part 8 provide certainty in how water access will be shared between different categories of access licences.

(c) provide for flexibility of access to water,

Note. The water allocation account management rules in Division 1 of Part 8 provide flexibility of access by allowing carryover of water allocations from one water year to the next.

(d) manage extractions to the long-term average annual extraction limits,

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

(e) reserve a portion of natural flows to maintain connectivity between tidal pools

and connected estuaries.

Note. The provisions in clause 42 ensure that very low flows are protected from extraction.

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(4)

The performance indicator used to measure the success of the strategies for reaching the broad economic objective in subclause (1) is an evaluation of the extent to which the combined outcomes of the targeted economic objectives in subclause (2) have

contributed to achieving the broad objective.

(5)

The performance indicators used to measure the success of the strategies for reaching
the targeted economic objectives in subclause (2) are the changes or trends in
economic benefits during the term of this Plan, as assessed using one or more of the

following:

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

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

transferred or assigned, and

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

transferred or assigned, and

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

(iii)     the annual volume of water allocations assigned, and

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

(c) the recorded values of water quality measurements including salinity, sodium adsorption ratio, harmful algal blooms, total nitrogen, total phosphorus, pH and

dissolved oxygen,

(d) the recorded values of groundwater levels.

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

have been implemented and complied with,

(b) the extent to which the changes in the economic benefits of water extraction and use can be attributed to the strategies in subclause (3) and provisions in this

Plan,

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

economic objectives,

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

affected progress towards achieving the economic objectives.

Note. External influences may include trends in urban, agricultural and industrial development, energy costs, commodity prices, interest rates, technology advances, climate and changes in industry policy or regulation.

12      Aboriginal cultural objectives

(1) The broad Aboriginal cultural objective of this Plan is to maintain, and where possible
improve, the spiritual, social, customary and economic values and uses of water by

Aboriginal people.

(2)

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

(a)	to provide access to water in the exercise of native title rights,
(b)	to provide access to water for Aboriginal cultural use and community

development, including fishing,

(c) to protect, and where possible improve, identified water-dependent culturally

significant areas, including important riparian vegetation communities,

(d) to protect, and where possible improve, connectivity to provide flows that

support Aboriginal cultural activities within connected estuaries,

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

suitability of water for Aboriginal cultural use and community development.

(3)

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

as follows:

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

community development,

Note. The provisions in Part 7 provide opportunities for Aboriginal people to access

water by allowing for the granting of an access licence of the subcategory ’Aboriginal

cultural’ or ‘Aboriginal community development’.

(c) manage extractions under access licences and basic landholder rights within the

long-term average annual extraction limits,

(d) reserve a portion of natural flows to mitigate alterations to natural flow regimes

in the water sources,

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(e) restrict the take of water from an in-river pool or off-river pool when the volume of water in the pool is less than the volume of water that can be held by

the pool when at full capacity,

Note. The provisions in clause 42 restrict the take of water from in-river pools and off- river pools when the volume is less than full capacity, thereby contributing to the protection of native fish populations, swimming and recreational areas and riparian vegetation.

(f) reserve a portion of natural flows to maintain hydrological connectivity between the water sources and other connected water sources, including

between tidal pools and estuaries,

Note. The provisions in clause 42 ensure that a portion of natural flows are protected from extraction.

(g) manage the construction and use of water supply works to minimise impacts on

groundwater quality and groundwater-dependent culturally significant areas.

Note. Groundwater-dependent culturally significant area is defined in the Dictionary.

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

(i)       the extent to which native title rights can be exercised, consistently with

any determination of native title or indigenous land use agreement,

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

Aboriginal cultural and community development outcomes,

(b) the recorded range or extent of target ecological populations including native fish, native vegetation communities and high priority groundwater-dependent

ecosystems,

(c) the recorded condition of target ecological populations of native fish, native vegetation, low flow macroinvertebrate communities and high priority

groundwater-dependent ecosystems,

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

algal blooms, total nitrogen, total phosphorus, pH, and dissolved oxygen,

(e) the extent to which the strategies have provided flow conditions of sufficient magnitude, frequency and timing to tidal pool management zones with

designated estuary flow requirements,

(f) the recorded values of groundwater levels.

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

have been implemented and complied with,

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

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

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

Aboriginal cultural objectives,

(d) the water made available for Aboriginal cultural values and uses during the term of this Plan through available water determinations and the granting of

new access licences,

(e) the extent to which external influences on the water-dependent Aboriginal cultural activities have affected progress toward achieving the Aboriginal

cultural objectives.

Note. External influences may include trends in Aboriginal cultural activity, urban, agricultural and industrial development, changes in climate, policy or regulation.

13      Social and cultural objectives

(1) The broad social and cultural objective of this Plan is to provide access to water to

support water-dependent social and cultural values.

(2)	The targeted social and cultural objectives of this Plan are to maintain, and where
possible, improve the following:
(a) access to water for basic landholder rights, town water supply and licensed

domestic and stock purposes,

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

including recreational fishing,

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(c) flows that support cultural, heritage and recreational activities within connected

estuaries,

(d) water quality within target ranges for basic landholder rights, town water supply, domestic and stock purposes and surface water-dependent cultural,

heritage and recreational uses, including recreational fishing.

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

licensed domestic and stock purposes,

(b) reserve all water in excess of each long-term average annual extraction limit for

the environment,

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

regimes in the water sources,

(d) restrict the take of water from an in-river pool or off-river pool when the volume of water in the pool is less than the volume of water that can be held by

the pool when at full capacity,

(e) reserve a portion of natural flows to maintain hydrological connectivity between the water sources and other connected water sources, including

between tidal pool management zones and connected estuaries,

(f) manage the construction and use of water supply works to minimise impacts on

groundwater quality, basic landholder rights, and town water supply.

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

factors including:

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

stock requirements have been met, and

(ii)      the extent to which local water utility access licence requirements have

been met,

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

important for recreational fishing,

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

within legal age and size classes,

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

algal blooms, total nitrogen, total phosphorus, pH, and dissolved oxygen,

(e) the extent to which the strategies have provided flow conditions of sufficient magnitude, frequency and timing to tidal pool management zones with

designated estuary flow requirements,

(f) the recorded values of groundwater levels.

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

have been implemented and complied with,

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

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

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

social and cultural objectives,

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

progress toward achieving the social and cultural objectives.

Note. External influences may include trends in urban, agricultural and industrial development, social or cultural behaviour, climate and changes in policy or regulation.

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Part 3 Bulk access regime

14      Bulk access regime

(1) This Plan establishes a bulk access regime for the extraction of water under access

licences, having regard to the following:

(a)	the planned environmental water established under Part 4,
(b)	the requirements for water to satisfy basic landholder rights identified under

Part 5,

(c) the requirements for water for extraction under access licences identified under

Part 5,

(d) the access licence dealing rules established under Part 10.

(2)	The bulk access regime:
(a) establishes rules, according to which:

(i)       available water determinations are to be made as provided for in Part 6,

and

(ii)      access licences are to be granted as provided for in Part 7, and

(iii)     access licences are to be managed as provided for in Part 8, and

(b) establishes rules according to which water allocations are to be prioritised and adjusted as a consequence of any reduction in the availability of water due to an increase in extraction above the long-term average annual extraction limits in

Part 6, and

(c)

recognises and is consistent with the following:

(i)	the limits to the availability of water as provided for in Part 6,
(ii)	the water management principles under section 5 of the Act,
(iii)	the effect of climatic variability on the availability of water as described

in clause 15, and

(d) contains provisions with respect to the mandatory conditions to be imposed on

access licences in Part 11.

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15      Climatic variability

This Plan recognises the effects of climatic variability on river flow and groundwater

levels in the water sources through provisions contained in:

(a) Part 6 that manage the sharing of water within the limits of water availability on

a long-term basis, and

(b) Part 6 that establish priorities according to which water allocations are to be adjusted as a consequence of any reduction in the availability of water due to an increase in extraction against the long-term average annual extraction limits,

and

(c) Part 8 that manage the sharing of water access on a daily basis.

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

Page 20

Part 4 Environmental water provisions

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

16      General

This Part contains environmental water provisions that commit, identify, establish and

maintain planned environmental water.

Note. 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.

17      Commitment and identification of planned environmental water

Water is committed and identified as planned environmental water by reference to the

following:

(a)	the physical presence of water in the water sources,
(b)	the long-term average annual commitment of water as planned environmental

water,

(c) 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.

18      Establishment and maintenance of planned environmental water

(1) Planned environmental water is established in each of the water sources, other than
the Bellinger River Coastal Floodplain Alluvial Groundwater Water Source, as

follows:

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

Division 2 of Part 8,

(b) the long-term average annual commitment of water as planned environmental water, resulting from compliance with the limits to the availability of water in

accordance with the provisions specified in Part 6,

(c) the water remaining after water has been taken under basic landholder rights, access licences and any other rights under the Act, and the water that cannot be carried over from one water year to the next in accordance with the provisions

specified in Part 6 and Part 8.

(2)	Planned environmental water is established in the Bellinger River Coastal Floodplain
Alluvial Groundwater Water Source as follows:

Page 21

(a) the long-term average annual commitment of water as planned environmental water, resulting from compliance with the limits to the availability of water in

accordance with the provisions specified in Part 6,

(b) the water remaining after water has been taken under basic landholder rights, access licences and any other rights under the Act, and the water that cannot be carried over from one water year to the next in accordance with the provisions

specified in Part 6 and Part 8.

(3)	The planned environmental water established under subclause (1) (a) is maintained by
the access rules specified in Division 2 of Part 8.
(4)	The planned environmental water established under subclause (1) (b), (1) (c), (2) (a)
and 2 (b) is maintained by the provisions in Part 6 and Part 8.

Page 22

Part 5	Requirements for water
Division 1	General

19      Application

(1) This Part identifies the requirements for water for basic landholder rights and for

extraction under access licences.

(2)	The volumes of water specified in this Part represent the estimated requirements for water to satisfy basic landholder rights and the total volumes or unit shares specified
in the share components of all access licences on commencement of this Plan.
(3)	This Plan recognises that the requirements for water for basic landholder rights and
the total share components of access licences may change during the term of this Plan.
Notes.
1 The total share components of access licences in the water sources may change during the term of this Plan as a result of:

(a)	the grant, surrender or cancellation of access licences in the water sources, or
(b)	the variation of local water utility licences under section 66 of the Act.

2 The requirements for basic landholder rights may increase as provided for under the Act. This Plan manages changes in the requirements for basic landholder rights and total share components of all access licences through provisions in Part 6 that manage the sharing of water within the limits of water availability.

3          Inherent water quality and land use activities may make the water in some areas unsuitable for some purposes or uses. Water should not be consumed, or otherwise used, without first being tested and, if necessary, appropriately treated to ensure it is fit for purpose. Testing and treatment is the responsibility of the water user.

Division 2 Requirements for water for basic landholder rights

Note. Under the Act, basic landholder rights are defined as domestic and stock rights, native title rights and harvestable rights. Under the Act, basic landholder rights authorise the take of water without the need for an access licence or water use approval, although a water supply work approval is still required to construct a

water bore.

20      Domestic and stock rights

On the commencement of this Plan, the water requirements of persons entitled to domestic and stock rights are estimated to total 292 megalitres per year (ML/year) and

are distributed as follows:

(a) 13 ML/year in the Bellinger River Coastal Floodplain Alluvial Groundwater

Water Source,

(b) 60 ML/year in the Bellinger River Water Source,

Page 23

(c)	3 ML/year in the Boggy Creek Water Source,
(d)	9 ML/year in the Coastal Bellinger Water Source,
(e)	3 ML/year in the Coastal Kalang Water Source,
(f)	0 ML/year in the Dalhousie Creek Water Source,
(g)	22 ML/year in the Hydes Creek Water Source,
(h)	60 ML/year in the Kalang River Water Source,

(i)       36 ML/year in the Never Never Creek Water Source,

(j)	8 ML/year in the Rosewood Creek Water Source,
(k)	19 ML/year in the Spicketts Creek Water Source,
(l)	59 ML/year in the Thora–North Arm Bellinger River Water Source.
Notes.

1 Domestic and stock rights are set out in section 52 of the Act and must be exercised in accordance with any mandatory guidelines established under the Act for the taking and use of water for domestic consumption or stock watering.

2 Under section 331 of the Act, the Minister may direct the holder of a domestic and stock right to take specified measures to protect the environment, to preserve basic landholder rights or to overcome a threat to public health.

3          The volumes set out in this clause are separate from any volumes of water that may be taken under an access licence for domestic and stock purposes.

21      Native title rights

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

Commonwealth, including:

(a)	any determination of native title, and
(b)	any indigenous land use agreement.
Notes.

1          No determinations of native title in relation to the water sources have been made in accordance with the Native Title Act 1993 of the Commonwealth to date.

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

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

Page 24

22      Harvestable rights

The requirements for water under harvestable rights is the amount of water that owners or occupiers of landholdings are entitled to capture and store pursuant to a

harvestable rights order made under Part 1 of Chapter 3 of the Act.

Division 3 Requirements for water under access licences

Note. This Division sets out the total volumes or unit shares in the share components of access licences in the water sources at the commencement of this Plan. The actual volume of water available from year to year will depend on climate, access licence priority and the provisions in this Plan.

23      Share components of domestic and stock access licences

On the commencement of this Plan, it is estimated that the share components of

domestic and stock access licences total 104 ML/year, distributed as follows:

(a)	18 ML/year in the Bellinger River Water Source,
(b)	4 ML/year in the Boggy Creek Water Source,
(c)	26 ML/year in the Dalhousie Creek Water Source,
(d)	1 ML/year in the Hydes Creek Water Source,
(e)	12 ML/year in the Never Never Creek Water Source,
(f)	43 ML/year in the Thora–North Arm Bellinger River Water Source,
(g)	0 ML/year in all other water sources.

24      Share components of local water utility access licences

On the commencement of this Plan, it is estimated that the share components of local

water utility access licences total 1,300 ML/year, distributed as follows:

(a)	1,300 ML/year in the Bellinger River Water Source,
(b)	0 ML/year in all other water sources.

25      Share components of unregulated river access licences

On the commencement of this Plan, it is estimated that the share components of

unregulated river access licences total 2,205 unit shares, distributed as follows:

(a) 0 unit shares in the Bellinger River Coastal Floodplain Alluvial Groundwater

Water Source,

(b) 883 unit shares in the Bellinger River Water Source,

Page 25

(c)	16 unit shares in the Boggy Creek Water Source,
(d)	122 unit shares in the Coastal Bellinger Water Source,
(e)	77 unit shares in the Coastal Kalang Water Source,
(f)	165 unit shares in the Dalhousie Creek Water Source,
(g)	338 unit shares in the Hydes Creek Water Source,
(h)	18 unit shares in the Kalang River Water Source,

(i)       409 unit shares in the Never Never Creek Water Source,

(j)	11 unit shares in the Rosewood Creek Water Source,
(k)	7 unit shares in the Spicketts Creek Water Source,
(l)	159 unit shares in the Thora–North Arm Bellinger River Water Source.

Note. Part 7 provides for the granting of unregulated river (Aboriginal cultural) access licences and unregulated river (Aboriginal community development) access licences. These licences are subcategories of unregulated river access licences. At the commencement of this plan no licences of either subcategory have been issued in the water sources.

26      Share components of unregulated river (high flow) access licences

On the commencement of this Plan, it is estimated that the share components of

unregulated river (high flow) access licences total 0 unit shares.

27      Share components of aquifer access licences

On the commencement of this Plan, it is estimated that the share components of

aquifer access licences total 339 unit shares, distributed as follows:

(a) 131 unit shares in the Bellinger River Coastal Floodplain Alluvial Groundwater

Water Source,

(b)	70 unit shares in the Bellinger River Water Source,
(c)	5 unit shares in the Coastal Bellinger Water Source,
(d)	120 unit shares in the Hydes Creek Water Source,
(e)	3 unit shares in the Kalang River Water Source,
(f)	10 unit shares in the Thora–North Arm Bellinger River Water Source.

Note. Part 7 provides for the granting of aquifer (Aboriginal cultural) access licences and
aquifer (Aboriginal community development) access licences. These licences are subcategories
of aquifer access licences. At the commencement of this plan, no licences of either subcategory

have been issued in the water sources.

Page 26

Part 6	Limits to the availability of water
Division 1	Long-term average annual extraction limits

28      Calculation of the long-term average annual extraction limits

(1) The long-term average annual extraction limits for the Bellinger River Catchment
Extraction Management Unit and the Dalhousie Creek Catchment Extraction
Management Unit are the sum of the following within each extraction management

unit:

(a)	all access licence share components,
(b)	an estimate of the annual extraction under basic landholder rights.

(2)	The long-term average annual extraction limit for the Bellinger River Coastal
Floodplain Alluvial Extraction Management Unit is 350 ML/year.
Note. Part 12 allows the long-term average annual extraction limit for the Bellinger River Coastal Floodplain Alluvial Extraction Management Unit to be increased up to 1,050 ML/year.
(3)	The long-term average annual extraction limits referred to in this clause are to be
adjusted by the following:
(a) any change to the amount of water committed as licensed environmental water

under section 8F of the Act,

(b) any change to the total number of share components in the extraction

management unit as a result of a dealing in accordance with Part 10.

29      Calculation of annual extraction

(1) Following the end of each water year, the Minister is to determine the volume of
water taken from each extraction management unit during the previous water year

under the following entitlements (the annual extraction):

(a)	all categories of access licences,
(b)	basic landholder rights.

Note. The volume of water taken in any water year under basic landholder rights is assumed to be the volumes specified in Part 5.

(2)	The determination of the volume of water taken from each extraction management unit is to exclude water committed as licensed environmental water under section 8F
of the Act.

Page 27

30      Assessment of compliance with long-term average annual extraction limits

(1) Following the calculation under clause 29, the Minister is to compare the average of
annual extraction for the preceding three water years for each extraction management

unit against the respective long-term average annual extraction limit.

(2)	There is non-compliance with a long-term average annual extraction limit if the average of annual extraction for an extraction management unit for the preceding three water years exceeds the long-term average annual extraction limit for that
extraction management unit by 5% or more.

31      Compliance with limits

(1) If an assessment for an extraction management unit under clause 30 demonstrates
non-compliance with the long-term average annual extraction limit, the Minister is to
take, in relation to the water sources of that extraction management unit, any one or

more of the following actions:

(a) make available water determinations for unregulated river access licences in accordance with clause 35 that are less than 1 megalitre (ML) per unit share and

less than 100% of the access licence share component,

(b) make an available water determination for unregulated river (high flow) access

licences in accordance with clause 36 that is less than 1 ML per unit share,

(c) make an available water determination for aquifer access licences in accordance

with clause 37 that is less than 1 ML per unit share.

Note. Non-compliance with a long-term average extraction limit that is equal to the sum of access licence share components and water extractions under basic landholder rights can only occur if access licence holders are failing to comply with their access licence conditions. In these circumstances, generally the appropriate management response is to undertake compliance action against those licence holders under the offence provisions of the Act rather than to make reduced available water determinations.

(2)	Any action in accordance with subclause (1) is to be taken to the extent, and for as long as, the Minister considers necessary to return average annual extractions in the
relevant extraction management unit to the long-term average annual extraction limit.
(3)	If the Minister makes a reduced available water determination pursuant to subclause (1), the Minister may make further available water determinations in the water year
subject to clause 32 (2).

Page 28

Division 2 Available water determinations

32      General

(1)  Available water determinations are to be expressed as one of the following:

(a) for an access licence specifying the share component in ML/year— a

percentage of the share component,

(b) for an access licence specifying the share component as a number of unit

shares— ML per unit share.

(2)	The sum of available water determinations made for any access licence must not
exceed the following in any water year:
(a) for an access licence specifying the share component in ML/year— 100% of the

access licence share component,

(b) for an access licence specifying the share component as a number of unit

shares— 1 ML per unit share of the access licence share component.

Note. If the Minister makes an available water determination of less than 1 ML per unit share of the access licence share component, the Minister may make further available water determinations during a water year, subject to subclause (2).

33      Available water determinations for domestic and stock access licences

Unless the Minister otherwise determines, at the commencement of each water year an available water determination of 100% of the access licence share component is to be

made for domestic and stock access licences.

34      Available water determinations for local water utility access licences

Unless the Minister otherwise determines, at the commencement of each water year an available water determination of 100% of the access licence share component is to be

made for local water utility access licences.

35      Available water determinations for unregulated river access licences

Unless the Minister otherwise determines, at the commencement of each water year an

available water determination is to be made of:

(a)	1 ML per unit share is to be made for unregulated river access licences, and
(b)	100% of the access licence share component for subcategories of unregulated

river access licences.

Page 29

36      Available water determinations for unregulated river (high flow) access licences

Unless the Minister otherwise determines, at the commencement of each water year an available water determination of 1 ML per unit share is to be made for unregulated

river (high flow) access licences.

37      Available water determinations for aquifer access licences

Unless the Minister otherwise determines, at the commencement of each water year an available water determination of 1 ML per unit share is to be made for aquifer access

licences.

Page 30

Part 7	Rules for granting access licences
Notes.

1 This Part is made in accordance with sections 61 and 63 of the Act. Section 61 of the Act provides for applications for specific purpose access licences in accordance with the regulations and the relevant water sharing plan.

2 Access licences in the water sources are granted subject to mandatory conditions required to be imposed by this Plan, the regulations and the Act, and may also be subject to discretionary conditions.

38      Specific purpose access licences

(1) The Minister must not grant a specific purpose access licence unless satisfied that the share and extraction components of the access licence are the minimum required for

the proposed use.

(2)	A person may make an application for the following access licences:
(a) an unregulated river (Aboriginal cultural) access licence or an aquifer (Aboriginal cultural) access licence, if the share component of the proposed

access licence is no greater than 10 ML/year,

(b) an unregulated river (tidal pool) access licence or domestic and stock access licence in the Tidal Pool Management Zone of the following water sources, if the person can demonstrate that they have a history of extraction in that management zone prior to 30 June 2006 and the extraction was exempt from

requiring a Water Act 1912 entitlement:

(i)	Bellinger River Water Source,
(ii)	Hydes Creek Water Source,
(iii)	Kalang River Water Source,
(iv)	Coastal Bellinger Water Source,
(v)	Coastal Kalang Water Source,

(c)

an unregulated river (Aboriginal community development) access licence or an aquifer (Aboriginal community development) access licence in the following water sources or management zones, if the granting will not cause more than the following total share components of unregulated river (Aboriginal community development) access licences and aquifer (Aboriginal community development) access licences to be issued in the respective water source or

management zone:

Page 31

(i)       the Bellinger River Coastal Floodplain Groundwater Water Source– 100

ML/year.

(ii)      the Bellinger River Water Source– 500 ML/year,

(iii)     the Boggy Creek Water Source– 91.5 ML/year,

(iv)     the Hydes Creek Water Source– 183 ML/year,

(v)       the Tidal Pool Management Zone of the Coastal Bellinger Water Source–

500 ML/year,

(vi)     the Tidal Pool Management Zone of the Coastal Kalang Water Source–

500 ML/year,

(3)	The Minister may only grant an unregulated river (Aboriginal cultural) access licence or an aquifer (Aboriginal cultural) access licence for the taking of water by an Aboriginal person or Aboriginal community for any personal, domestic or communal purpose, including drinking, food preparation, washing, manufacturing traditional artefacts, watering domestic gardens, cultural teaching, hunting, fishing, gathering and
for recreational, cultural and ceremonial purposes.
Notes.
1	Aboriginal person and Water Act 1912 entitlement are defined in the Dictionary.
2	An unregulated river (Aboriginal community development) access licence will only be able to extract surface water from C Class flows, which are flows greater than the 50th percentile flow. Applications for these licences will be assessed on the level of impact on those flows as well as any potential impact on the water source as a whole.
3	An unregulated river (Aboriginal community development) access licence or aquifer (Aboriginal community development) access licence is a specific purpose access licence and as such can only be subject to limited access licence dealings under Division 4 of Part 2 of Chapter 3 of the Act. Any such dealings would need to be consistent with the purpose for which the licence was granted. Aboriginal communities, enterprises and individuals must purchase other categories of access licences if they require fully tradeable rights.

Page 32

Part 8	Operation of water allocation accounts and managing access licences
Notes.

1 Section 85 of the Act provides for the keeping of water allocation accounts for access licences. The provisions in this Part restrict the water that may be taken under, or assigned from, an access licence over a specified period of time, and the unused water allocations in water allocation accounts that may be carried over from one water year to the next. These restrictions are in addition to any other limits on access licences for the taking or assignment of water. It is an offence under section 60C of the Act to take water under an access licence for which there is no or insufficient water allocation.

2          The provisions in this Part apply to the following persons:

(a)	the Minister in managing water allocation accounts,
(b)	the access licence holder, as required by mandatory conditions imposed on the access licence under Part 11.

Division 1 Accounting for water allocation accounts

39      Water allocation account debiting

(1) A water account debit means any water allocation that is taken, assigned under
section 71T of the Act, or otherwise debited or withdrawn from a water allocation

account.

(2)	For any access licence, the water allocation taken under the access licence is the
volume of water extracted by water supply works nominated by the access licence.
(3)	For any access licence, the maximum water account debit in any three consecutive
water years must not exceed the sum of the following:
(a) the water allocations credited to the water allocation account of the access

licence from available water determinations in those years,

(b) the water allocations assigned to the water allocation account of the access

licence under section 71T of the Act in those years,

(c) the water allocations re-credited to the water allocation account of the access

licence in accordance with section 76 of the Act in those years.

40      Limits on carryover

(1) For any access licence, water allocations remaining in the water allocation account are
to be carried over from one water year to the next water year up to an amount that is

equal to the following:

Page 33

(a) for access licences with share components expressed as ML/year– 100% of the

share component,

(b) for access licences with share components expressed as a number of unit

shares– 1 ML per share.

Division 2 Flow classes

41      Flow classes for specified water sources and management zones

(1) This Plan establishes the flow classes specified in Column 3 of Table A for the
corresponding management zone or management zones specified in Column 2 of
Table A for the corresponding water source specified in Column 1 of Table A, or
where a management zone is not specified, for the corresponding water source

specified in Column 1 of Table A.

(2)	The flow class specified in Column 3 of Table A applies whenever the flow as measured in megalitres per day (ML/day) at the corresponding flow reference point specified in Column 5 of Table A meets the corresponding criteria specified in
Column 4 of Table A.
(3)	If, in the Minister’s opinion, accurate flow data is not available from a flow measuring
gauge used to determine when a flow class applies, the Minister may determine the flow class and the period for which the flow class applies by notice on the
Department’s website.
Notes.
1	For the purpose of determining the flow class that applies under subclause (3), the Minister may take into consideration evidence of past and current flows and readings at other functioning
upstream and downstream gauges.
2	On days on which accurate flow data is not available, holders of access licences may check the
Department’s website to find out what flow class applies on that day.
3	Only those water sources and management zones for which flow classes have been established are shown in Table A.

Table A Flow class thresholds

Column 1	Column 2	Column 3	Column 4	Column 5
Water Source	Management	Flow class	Flow class threshold	Flow
Zone	reference point
Bellinger River	Upper	Very Low Flow	Less than or equal to 20 ML/day	Bellinger River
Water Source	Bellinger River	Class	at Thora

Page 34

Management gauge

A Class More than 20 ML/day and less than or

Zone (205002)

equal to 44 ML/day

B Class	More than 44 ML/day and less than or equal to 134 ML/day
C Class	More than 134 ML/day

Lower	Very Low Flow	Less than or equal to 56 ML/day	Bellinger River
Bellinger River	Class	at Fosters
Management	gauge
Zone,	(205016)
A Class	More than 56 ML/day and less than or
Tidal Pool	equal to 124 ML/day
Management
B Class	More than 124 ML/day and less than or
Zone
equal to 335 ML/day
C Class	More than 335 ML/day

Boggy Creek	Very Low Flow	Less than or equal to 56 ML/day	Bellinger River
Water Source	Class	at Fosters gauge (205016)
A Class	More than 56 ML/day and less than or equal to 124 ML/day
B Class	More than 124 ML/day and less than or equal to 335 ML/day
C Class	More than 335 ML/day

Coastal	Tidal Pool	Very Low Flow	Less than or equal to 56 ML/day	Bellinger River
Bellinger	Management	Class	at Fosters
Water Source	Zone	gauge (205016)
A Class	More than 56 ML/day and less than or equal to 124 ML/day
B Class	More than 124 ML/day and less than or equal to 335 ML/day
C Class	More than 335 ML/day
Coastal	Tidal Pool	Very Low Flow	Less than or equal to 43 ML/day	Bellinger River
Kalang Water	Management	Class	at Fosters
Source	Zone	gauge (205016)
A Class	More than 43 ML/day and less than or equal to 124 ML/day
B Class	More than 124 ML/day and less than or equal to 335 ML/day
C Class	More than 335 ML/day
Hydes Creek	Very Low Flow	Less than or equal to 56 ML/day	Bellinger River
Water Source	Class	at Fosters gauge (205016)
A Class	More than 56 ML/day and less than or equal to 124 ML/day

Page 35

B Class	More than 124 and less than or equal to 335 ML/day
C Class	More than 335 ML/day

Kalang River	Very Low Flow	Less than or equal to 43 ML/day	Bellinger River
Water Source	Class	at Fosters gauge (205016)
A Class	More than 43 ML/day and less than or equal to 124 ML/day
B Class	More than 124 ML/day and less than or equal to 335 ML/day
C Class	More than 335 ML/day
Never Never	Very Low Flow	Less than or equal to 4 ML/day	Never Never
Creek Water	Class	Creek at Old
Source	Crossing gauge
A Class	More than 4 ML/day and less than or
equal to 8 ML/day	(205019)
B Class	More than 8 ML/day and less than or equal to 26 ML/day
C Class	More than 26 ML/day
Rosewood	Very Low Flow	Less than or equal to 4 ML/day	Never Never
Creek Water	Class	Creek at Old
Source	Crossing gauge
A Class	More than 4 ML/day
(205019)
Thora–North	Very Low Flow	Less than or equal to 20 ML/day	Bellinger River
Arm Bellinger	Class	at Thora
River Water	gauge
Source	(205002)
A Class	More than 20 ML/day
Notes.

1        20 ML/day in the Bellinger River at Thora gauge corresponds to the 95th percentile flow. That

is, 95% of the time the flow at Thora gauge is greater than 20ML.

2        44 ML/day in the Bellinger River at Thora gauge corresponds to the 80th percentile flow. That

is, 80% of the time the flow at Thora gauge is greater than 44 ML.

3        134 ML/day in the Bellinger River at Thora gauge corresponds to the 50th percentile flow. That

is, 50% of the time the flow at Thora gauge is greater than 134 ML.

4        43 ML/day in the Bellinger River at Fosters gauge corresponds to the 98th percentile flow. That

is, 98% of the time the flow at Fosters gauge is greater than 43 ML.

5        56 ML/day in the Bellinger River at Fosters gauge corresponds to the 95th percentile flow. That

is, 95% of the time the flow at Fosters gauge is greater than 56 ML.

6        124 ML/day in the Bellinger River at Fosters gauge corresponds to the 80th percentile flow.

That is, 80% of the time the flow at Fosters gauge is greater than 124 ML.

7        335 ML/day in the Bellinger River at Fosters gauge corresponds to the 50th percentile flow.

That is, 50% of the time the flow at Fosters gauge is greater than 335 ML.

Page 36

8        4 ML/day in Never Never Creek at Old Crossing gauge corresponds to the 90th percentile flow.

That is, 90% of the time the flow at Old Crossing gauge is greater than 4 ML/day.

9        8 ML/day in Never Never Creek at Old Crossing gauge corresponds to the 80th percentile flow.

That is, 80% of the time the flow at Old Crossing gauge is greater than 8 ML/day.

10       26 ML/day in Never Never Creek at Old Crossing gauge corresponds to the 50th percentile flow. That is, 50% of the time the flow at Old Crossing gauge is greater than 26 ML/day.

Division 3 Access rules for taking of surface water

42      General

(1) Subject to subclause (2), this Division applies to access licences that take surface

water.

(2)	Clauses 43 and 44 set out the access rules for when surface water must not be taken
unless the exceptions under clause 45 apply.

43      General access rules for the take of surface water

(1) Surface water must not be taken if there is no visible flow at the location from which water is proposed to be taken, unless the take is from an in-river pool or an off-river

pool.

(2)

Surface water must not be taken from an in-river pool that is in a water source or
management zone for which flow classes are not specified in Table A in clause 41,
when the volume of water in that pool is less than the volume of water that can be

held by the pool when at full capacity.

(3)

Surface water must not be taken from an off-river pool when the volume of water in
that pool is less than the volume of water that can be held by the pool when at full

capacity.

(4)

Surface water must not be taken when flows are at or less than the cease to take
condition that was specified on the replaced Water Act 1912 entitlement if, in the

Ministers opinion, that cease to take condition is more onerous than:

(a)	the upper limit of the relevant Very Low Flow Class, or
(b)	the access rules specified in clause 44.

44      Specific access rules for the take of surface water

(1) Surface water must not be taken from the following water sources or management

zones in the circumstances specified in subclause (2):

(a) the Bellinger River Water Source,

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(b)	the Boggy Creek Water Source,
(c)	the Hydes Creek Water Source,
(d)	the Kalang River Water Source,
(e)	the Never Never Creek Water Source,
(f)	the Rosewood Creek Water Source,
(g)	the Thora–North Arm Bellinger River Water Source,
(h)	the Tidal Pool Management Zone of the Coastal Bellinger Water Source,

(i)       the Tidal Pool Management Zone of the Coastal Kalang Water Source.

(2)	Surface water must not be taken from the water sources and management zones specified in subclause (1), in any of the following circumstances, unless the take is
from an off-river pool:
(a) under any access licence during any period of time when flows in the relevant

water source or management zone are in the Very Low Flow Class,

(b) under any access licence for 24 hours after flows in the relevant water source or

management zone have risen above the Very Low Flow Class,

(c) under an unregulated river (high flow) access licence or unregulated river (Aboriginal community development) access licence when flows in the relevant

water source or management zone are in A Class or B Class.

(3)

Surface water must not be taken for more than 8 hours per day from the following

water sources when flows are in A Class, unless the take is from an off-river pool:

(a)	the Bellinger River Water Source,
(b)	the Hydes Creek Water Source,
(c)	the Never Never Creek Water Source.

45      Exceptions to the access rules for the take of surface water

(1) The access rules under clause 43 and 44 do not apply if surface water is taken in

accordance with this clause.

(2)	The taking of surface water is permitted in the following circumstances:
(a) under an access licence specified in Table A of Schedule 1, for the following purposes only, provided the surface water taken does not exceed 20 kilolitres

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per day per access licence or such lower amount as determined by the Minister

and specified on the access licence:

(i)       fruit washing,

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

(iii)     poultry watering and misting,

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

purposes of hygiene,

(b) the taking of water for domestic consumption under a domestic and stock access licence or domestic and stock (domestic) access licence, that existed at the commencement of the Water Sharing Plan for the Bellinger River Area Unregulated and Alluvial Water Sources 2008, provided that the volume does

not exceed 1 kilolitre per house supplied by the access licence per day,

(c)	from a runoff harvesting dam,
(d)	from an in-river dam pool if the in-river dam is passing flows in the

circumstances specified on the water supply work approval for the in-river dam,

Note. In-river dam pool is defined in the Dictionary.

(e) under a local water utility access licence or an access licence of the subcategory

“Town water supply” specified in Table B of Schedule 1, until such time as, in

the Minister’s opinion, major augmentation of the access licence holder’s water

supply system has occurred.

(3)	The Minister may reduce the maximum daily volume limit imposed under subclause (2) (a) if satisfied that the reduced volume is sufficient to meet the relevant purpose
referred to in that subclause.
(4)	Surface water is permitted to be taken in the following circumstances:
(a) in association with an aquifer interference activity that is an approved EP&A

Act development when:

(i)       in the Minister’s opinion, there are no reasonably practicable measures

the access licence holder can take to comply with the access rules under

this clause, and

(ii)      the access licence holder has a water management plan for the aquifer interference activity, that has been approved in accordance with the

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development consent for the activity under the Environmental Planning

and Assessment Act 1979, and

(iii)     the water management plan includes conditions that require the return of water to the water source to mitigate the taking of water during times

when the access rules apply under this clause, or

(b)	in association with an aquifer interference activity when:
(i) in the Minister’s opinion, there are no reasonably practicable measures

the access licence holder can take to comply with the access rules under

this clause, and

(ii)      the access licence holder has a water management plan for the aquifer

interference activity that has been approved by the Minister, and

(iii)     the water management plan includes conditions that require the return of water to the water source to mitigate the taking of water during times

when the access rules apply under this clause.

Note. Approved EP&A Act development is defined in the Dictionary.

Division 4 Access rules for taking of groundwater

46      General

(1) Subject to subclause (2), this Division applies to access licences that take

groundwater.

(2)	Clauses 47 and 48 set out the access rules for when groundwater must not be taken
unless the exceptions under clause 49 apply.

47      General access rules for the take of groundwater

Groundwater must not be taken, other than from the Bellinger River Coastal

Floodplain Alluvial Groundwater Water Source, if there is no visible flow in the river

at the location closest to the water supply work being used to take groundwater.

48      Specific access rules for the take of groundwater

(1) Groundwater must not be taken from the following water sources or management

zones in the circumstances specified in subclause (2):

(a)	the Bellinger River Water Source,
(b)	the Boggy Creek Water Source,

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(c)	the Hydes Creek Water Source,
(d)	the Kalang River Water Source,
(e)	the Never Never Creek Water Source,
(f)	the Rosewood Creek Water Source,
(g)	the Thora–North Arm Bellinger River Water Source,
(h)	the Tidal Pool Management Zone of the Coastal Bellinger Water Source,

(i)       the Tidal Pool Management Zone of the Coastal Kalang Water Source.

(2)	Groundwater must not be taken in any of the following circumstances:
(a) when flows in the relevant water source or management zone are in the Very

Low Flow Class,

(b) for 24 hours after flows in the relevant water source have risen from the Very

Low Flow Class to A Class.

49      Exceptions to the access rules for the take of groundwater

(1) The access rules under clauses 47 and 48 do not apply if groundwater is taken in

accordance with this clause.

(2)	The taking of groundwater is permitted from a water supply work located more than
40 metres from the top of the high bank of a river.
Note. Top of the high bank of a river is defined in the Dictionary.
(3)	The taking of groundwater is permitted in the following circumstances:
(a) under an access licence specified in Table A of Schedule 1, for the following purposes only, provided the groundwater taken does not exceed 20 kilolitres per day per access licence or such lower amount as determined by the Minister and

61      Conversion of access licence to new category dealings

(1)  A dealing under section 71O of the Act is prohibited unless the conversion is from:

(a) an unregulated river access licence to an aquifer access licence in the same

water source, subject to subclause (2), or

(b) an unregulated river access licence in the Bellinger River Water Source to an unregulated river (high flow) access licence in the Bellinger River Water

Source, subject to the limits in subclause (3) (a),

(c) an unregulated river access licence in the Hydes Creek Water Source to an unregulated river (high flow) access licence in the Hydes Creek Water Source,

subject to the limits in subclause (3) (b), or

(d) an unregulated river access licence in the Never Never Creek Water Source to an unregulated river (high flow) access licence in the Never Never Creek Water

Source, subject to the limits in subclause (3) (c).

(2)

The share component of an aquifer access licence granted under subclause (1) (a) is to

be equal to the share component of the cancelled unregulated river access licence.

(3)

The total unit shares of unregulated river access licence share component that can be

converted under subclauses (1) (b), (1) (c) and 1 (d) are as follows:

(a)	568 unit shares in the Bellinger River Water Source,
(b)	250.8 unit shares in the Hydes Creek Water Source,
(c)	723.2 unit shares in the Never Never Creek Water Source.

(4)

The share component of an unregulated river (high flow) access licence granted under
subclause (1) (b), (1) (c) or (1) (d) is to be 2.5 times the cancelled unregulated river

access licence share component.

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Note. Approval for conversion of an unregulated river access licence to an unregulated river
(high flow) access licence will be subject to an assessment of potential impact on high flows (for
example, flows greater than the 50th percentile flow), as well as on the water source as a whole.

62      Assignment of rights dealings

(1) A dealing under section 71Q of the Act within the same water source is prohibited in

any of the following circumstances:

(a) from an aquifer access licence that nominates a water supply work located further than 40 metres from the top of the high bank of a river to an access licence that nominates a water supply work located within 40 metres from the

top of the high bank of a river,

(b) from an access licence in the Lower Thora–North Arm Bellinger River Management Zone to an access licence in the Upper Thora–North Arm

Bellinger River Management Zone.

(2)	A dealing under section 71Q of the Act between water sources within the same water
management area is prohibited in any of the following circumstances:

(a)	the dealing is to an access licence in a different extraction management unit,
(b)	the dealing is from an access licence in any water source other than one of the

water sources,

(c)	the dealing is to an access licence in any of the following water sources:
(i) the Bellinger River Coastal Floodplain Alluvial Groundwater Water

Source,

(ii)	the Dalhousie Creek Water Source,
(iii)	the Never Never Creek Water Source,
(iv)	the Rosewood Creek Water Source,
(v)	the Spicketts Creek Water Source,
(vi)	the Thora–North Arm Bellinger River Water Source,

(d)

the dealing is to an access licence in the Non Tidal Management Zone of the Kalang River Water Source from an access licence in any other water source,

other than the Spicketts Creek Water Source,

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(e) the dealing is to an access licence in one of the following water sources if it would cause the sum of the share components of all access licences in the

respective water source to exceed the specified amount:

(i) Bellinger River Water Source– 2,325,

Note. 2,325 represents the sum of share components in the water source at the commencement of this Plan plus 54.

(ii)      Boggy Creek Water Source– 70,

Note. 70 represents the sum of share components in the water source at the commencement of this Plan plus 50.

(iii)     Coastal Bellinger Water Source– 141,

Note. 141 represents the sum of share components in the water source at the commencement of this Plan plus 14.

(iv)     Coastal Kalang Water Source– 165,

Note. 165 represents the sum of share components in the water source at the commencement of this Plan plus 88.

(v)       Hydes Creek Water Source– 459,

Note. 459 represents the sum of share components in the water source at the commencement of this Plan.

(f)

the dealing involves any of the following:

(i)	an unregulated river (high flow) access licence,
(ii)	an unregulated river (Aboriginal community development) access

licence.

63      Amendment of share component dealings (change of water source)

(1)  A dealing under section 71R of the Act is prohibited in the following circumstances:

(a) the dealing involves the cancellation of an access licence in a water source that is in one extraction management unit in order to grant an access licence in a

water source that is in another extraction management unit,

(b) the dealing involves the cancellation of an access licence in any water source other than one of the water sources in order to grant an access licence in any of

the water sources,

(c) the dealing involves the granting of a new access licence in any of the following

water sources:

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(i)       the Bellinger River Coastal Floodplain Alluvial Groundwater Water

Source,

(ii)      the Dalhousie Creek Water Source,

(iii)     the Never Never Creek Water Source,

(iv)     the Rosewood Creek Water Source,

(iv)      the Spicketts Creek Water Source,

(vi)     the Thora–North Arm Bellinger River Water Source,

(d) the dealing involves the granting of a new access licence in any of the following water sources, if it would cause the sum of the share components in the

respective water source to exceed the specified amount:

(i)	Bellinger River Water Source– 2,325,
(ii)	Boggy Creek Water Source– 70,
(iii)	Coastal Bellinger Water Source– 141,
(iv)	Coastal Kalang Water Source– 165,
(v)	Hydes Creek Water Source– 459,

(e)

the dealing involves the granting of a new access licence in the Non Tidal Management Zone of the Kalang River Water Source and the cancellation of an access licence in another water source, other than Spicketts Creek Water

Source,

(f)

the dealing involves any of the following:

(i)	an unregulated river (high flow) access licence,
(ii)	an unregulated river (Aboriginal community development) access

licence.

(2)	Dealings under section 71R of the Act are subject to the share component of the new
access licence being equal to the share component of the cancelled access licence.
(3)	The extraction component of a new access licence granted in accordance with section 71R of the Act will not carry over the extraction component from the cancelled access
licence.

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64      Amendment of extraction component dealings

A dealing under section 71S of the Act is prohibited if it involves an access licence

with an extraction component that specifies the Lower Thora–North Arm Bellinger

River Management Zone being varied to specify the Upper Thora–North Arm

Bellinger River Management Zone.

65      Assignment of water allocations dealings

(1) A dealing under section 71T of the Act within the same water source is prohibited in

in any of the following circumstances:

(a) from an aquifer access licence that nominates a water supply work located further than 40 metres from the top of the high bank of a river to an access licence that nominates a water supply work located within 40 metres from the

top of the high bank of a river,

(b) from an access licence in the Lower Thora–North Arm Bellinger River Management Zone to an access licence in the Upper Thora–North Arm

Bellinger River Management Zone.

(2)	A dealing under section 71T of the Act between water sources within the same water
management area is prohibited in any of the following circumstances:
(a) the dealing is from an access licence in one extraction management unit to an

access licence in another extraction management unit,

(b) the dealing is from an access licence in any water source other than one of the

water sources,

(c)

the dealing is to an access licence in any of the following water sources:

(i)	Bellinger River Coastal Floodplain Alluvial Groundwater Water Source,
(ii)	Dalhousie Creek Water Source,
(iii)	Never Never Creek Water Source,
(iv)	Rosewood Creek Water Source,
(v)	Spicketts Creek Water Source,
(vi)	Thora–North Arm Bellinger River Water Source,

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(d) the dealing is to an access licence with an extraction component specifying the Non Tidal Management Zone of the Kalang River Water Source from an access

licence in another water source, other than Spicketts Creek Water Source,

(e) the dealing is to an access licence in one of the following water sources, if it would cause the sum of water allocations credited to the water allocation accounts of all access licences in the respective water source from available water determinations or dealings under section 71T of the Act in that year to

exceed the specified amount:

(i)	Bellinger River Water Source– 2,325 ML,
(ii)	Boggy Creek Water Source– 70 ML,
(iii)	Coastal Bellinger Water Source– 141 ML,
(iv)	Coastal Kalang Water Source– 165 ML,
(v)	Hydes Creek Water Source– 459 ML,

(f)

the dealing involves any of the following:

(i)	an unregulated river (high flow) access licence,
(ii)	an unregulated river (Aboriginal community development) access

licence.

66      Interstate access licence transfer and assignment of water allocations dealings

Dealings under sections 71U and 71V of the Act are prohibited.

67      Nomination of water supply works dealings

A dealing under section 71W of the Act is prohibited in the water sources in any of

the following circumstances:

(a) an access licence under which groundwater may be taken being amended to nominate a water supply work which is authorised by its water supply work

approval to take surface water,

(b) an access licence under which surface water may be taken being amended to nominate a water supply work which is authorised by its water supply work

approval to take groundwater,

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(c) an aquifer access licence that nominates a water supply work located further than 40 metres from the top of the high bank of a river being amended to nominate a water supply work located within 40 metres from the top of the high

bank of a river,

(d) an access licence being amended to nominate a water supply work located in a different management zone than that specified in the extraction component of

the licence,

(e) an access licence being amended to nominate a water supply work located in a different water source to that specified in the share component of the access

licence,

(f) an access licence being amended to nominate a water supply work outside of

NSW.

Note. Paragraphs (b) and (c) do not necessarily prevent an access licence from being used in a different management zone or water source. For this to occur, the access licence would firstly need to be subject to a section 71R (change of water source) or section 71S (amendment of extraction component) dealing. A dealing under section 71W to nominate works in the new water source/management zone could then occur.

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Part 11 Mandatory conditions

Note. Mandatory conditions relating to metering equipment and recording of information are imposed by the Water Management (General) Regulation 2018. Clauses in this Plan that provide for mandatory conditions to be imposed in relation to metering and logbooks apply only until the roll out of the metering and reporting

mandatory conditions that are prescribed in Part 10 and Part 11 of the Water Management (General)

Regulation 2018.

Division 1 General

68      General

(1) For the purposes of this Part, a requirement to notify the Minister in writing will only

be satisfied by writing to the email address for enquiries on the Department’s website.

(2)	In this Part, an operational meter means an operational meter that complies with Australian Standard AS 4747, Meters for non-urban water supply, as updated or
replaced from time to time.

Division 2 Access licences

Note. This Division is made in accordance with sections 17 (c) and 66 of the Act.

69      General conditions

Each access licence must have mandatory conditions to give effect to the following:

(a) the water taken under an access licence must not exceed the maximum water

account debit permitted under Division 1 of Part 8,

(b) the relevant access rules for the taking of water specified in Division 3 and

Division 4 of Part 8,

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

licence holder must:

(i)	notify the Minister as soon as practicable, and
(ii)	if the notification under subparagraph (i) is not in writing, confirm this notification in writing within seven days of becoming aware of the

breach,

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

70      Record keeping conditions

(1) Each access licence must have mandatory conditions to give effect to the following:

Page 59

(a) the licence holder must record the following information in a Logbook each time that water is taken using a water supply work that does not have both an

operational meter and an operational data logger:

(i) the date and the start and end time during which water was taken under

the licence,

(ii)      the volume of water taken on that date,

(iii)     the water supply work approval number of the water supply work used to

take the water on that date,

(iv)      the purposes for which the water was taken on that date,

(v)       the volume of water taken in a water year compared with the water

account debit permitted under clause 39 for the licence,

(b) the licence holder must retain the information required to be recorded in the

Logbook for five years from the date to which that information relates.

Note. Logbook is defined in the Dictionary.

(2)

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

condition applies to the licence.

(3)

This clause is taken to be repealed on the day on which the temporary exemption from
the mandatory metering equipment condition ceases to apply to the water sources in

accordance with clause 230 (1) of the Water Management (General) Regulation 2018.

Notes.

1	Mandatory metering equipment condition is defined in clause 228 of the Water Management (General) Regulation 2018.
2	The Water Management (General) Regulation 2018 will impose a mandatory condition requiring record keeping on access licences and approvals by 1 December 2023.

Division 3 Water supply work approvals

Note. This Division is made in accordance with sections 17 (c) and 100 of the Act.

71      General conditions

(1)  Water supply work approvals must have mandatory conditions to give effect to:

(a) the clauses set out in this Division, and

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

(2)

A water supply work approved for the purpose of monitoring, an environmental

remediation activity or emergency services must be used only for that purpose.

(3)

If the holder of a water supply work approval is the same person as the holder of the
access licence under which water is proposed to be taken, it is not necessary to
maintain two separate logbooks, and all of the required information can be kept in the

one logbook.

(4)

Upon becoming aware of a breach of any condition of the approval, the approval

holder must:

(a)	notify the Minister as soon as practicable, and
(b)	if the notification under paragraph (a) was not in writing, confirm this

notification in writing within seven days of becoming aware of the breach.

72      Metering conditions

(1)	This clause applies to water supply works used to take water under an access licence.
(2)	The approval holder must install metering equipment, when directed by the Minister, that complies with Australian Standard AS 4747, Meters for non-urban water supply,

as updated or replaced from time to time.

(3)	If directed to install metering equipment under subclause (2), the approval holder must
ensure each of the following:
(a) the metering equipment accurately measures and records the flow of all water

taken through each water supply work,

(b) the metering equipment is operated and maintained in a proper and efficient

manner at all times,

(c) compliance with any other requirements as to the type, standard or other criteria

for metering equipment as directed by the Minister.

Note. The Minister may also direct a landholder or person to install, replace or properly maintain metering equipment under section 326 of the Act.

(4)	If an approval for a water supply work is subject to a mandatory metering equipment condition in relation to the work, this clause ceases to have effect in relation to the
work on the day on which the condition applies to the approval.

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(5)	This clause is taken to be repealed on the day on which the temporary exemption from the mandatory metering equipment condition ceases to apply to the water sources in
accordance with clause 230 (1) of the Water Management (General) Regulation 2018.
Note. Clause 230 of the Water Management (General) Regulation 2018 provides that the mandatory metering equipment condition applies to new works required to have a meter from 1 April 2019, and to other access licences and approvals in the water sources from 1 December 2023.

73      Record keeping conditions

(1) This clause does not apply to a water supply work approval if the work is used for the

sole purpose of taking water under basic landholder rights.

(2)	The approval holder must:
(a) record the following information in a Logbook whenever the water supply work

does not have both an operational meter and an operational data logger:

(i)       the date and the start and end time during which water was taken using

the water supply work,

(ii)      the volume of water taken on that date,

(iii)     the access licence under which water was taken on that date or, if water was taken under some other authority, the authority under which water

was taken,

(iv)      the 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)     if metering equipment has been installed for use in connection with the water supply work and is operational, the meter reading before each time

water is taken,

(vii)    if metering equipment has not been installed for use in connection with the water supply work, or has been installed but is not operational, 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

(b) retain the information recorded in the Logbook for five years from the date to

which that information relates.

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(3)	If an approval for a water supply work is subject to a mandatory condition imposed by Part 10 or Part 11 of the Water Management (General) Regulation 2018 relating to the recording or reporting of water that is taken by the work, this clause ceases to have
effect in relation to the work on the day on which the condition applies to the
approval.
(4)	This clause is taken to be repealed on the day on which the temporary exemption from the mandatory metering equipment condition ceases to apply to the water sources in
accordance with clause 230 (1) of the Water Management (General) Regulation 2018.
Note. The Water Management (General) Regulation 2018 will impose a mandatory condition requiring record keeping on access licences and approvals by 1 December 2023.

Division 4 Water supply work approvals for groundwater

74      General conditions

(1) This Division applies to water supply work approvals for works that take

groundwater.

(2)	Water supply work approvals must have mandatory conditions to give effect to the
clauses set out in this Division.

75      Water supply work decommissioning condition

(1) A water supply work that is no longer intended to be used must be decommissioned in

accordance with this clause.

(2)

The approval holder must notify the Minister in writing of any intention to decommission the water supply work at least 60 days before commencing decommissioning. The notice must include a work plan for decommissioning of the

water supply work.

(3)

The work plan for decommissioning a water supply work must be in accordance with

the Minimum Construction Requirements for Water Bores in Australia.

Note. Minimum Construction Requirements for Water Bores in Australia is defined in the
Dictionary.

(4)

The approval holder must comply with any notice from the Minister received within

60 days of the notice referred to in subclause (2) stating that the water supply work:

(a)	must not be decommissioned, or
(b)	must be decommissioned in accordance with the requirements specified in the

notice.

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(5)	In decommissioning the water supply work, the approval holder must comply with the
work plan referred to in subclause (2) or requirements referred to in subclause (4) (b).
(6)	Within 60 days of the water supply work being decommissioned, the approval holder must notify the Minister in writing that the water supply work has been
decommissioned and provide the name of the driller who decommissioned the work.

76      Water supply work construction conditions

(1) The approval holder must ensure that the water supply work is constructed in such a

way that ensures the following:

(a) the water supply work is situated in the location specified in the application for

the water supply work,

(b) water is able to be taken through the water supply work only from the water source specified in the share component of the access licence that nominates the

water supply work,

(c)	the water supply work is sealed off from all other water sources,
(d)	construction of the water supply work complies with the construction standards for that type of bore prescribed in the Minimum Construction Requirements for

Water Bores in Australia,

(e) construction and use of the water supply work prevents contamination of the

aquifer and between aquifers,

(f) construction and use of the water supply work prevents the flow of saline water

between aquifers.

(2)	If contaminated water is encountered during the construction of the water supply
work, the approval holder must do the following:
(a) notify the Minister within 48 hours of becoming aware of the contaminated

water,

(b)	take all reasonable steps to minimise contamination and environmental harm,
(c)	ensure that the contaminated water is sealed off by inserting casing to a depth

sufficient to exclude the contaminated water from the water supply work,

(d) place an impermeable seal in the borehole annulus when and as directed by the

Minister,

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(e) comply with any other written requirements specified by the Minister, which may include a requirement to provide a report in a specified form detailing the

quality of any water obtained using the water supply work.

(3)	Subclause (2) does not apply to a water supply work constructed for the purpose of
monitoring or remediating contaminated water.
(4)	The approval holder must, within 60 days of completion of the construction of the water supply work or, if the approval is for the amendment of an existing water supply work, within 60 days after the issue of the amended water supply work approval, submit the details of the water supply work to the Minister in a form approved by the
Minister.
(5)	The approval holder must ensure:
(a) the construction of the water supply work is completed within three years of the

approval being granted, and

(b) the water supply work is not used unless construction is completed within three

years of the approval being granted.

(6)	Each water supply work approval for a replacement groundwater work must impose conditions that give effect to clauses 60 (1) (b) - (d), including any modifications
made under clause 60 (2).

77      Water quality condition

If 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, within the timeframe (if any) specified in the written

notice.

Notes.

1          An approval holder is responsible for monitoring water quality from the water supply work to ensure it is suitable for its intended purpose for the duration of the approval.

2          Inherent water quality and land use activities may make the water in some areas unsuitable for use. Water from the water source should not be used without first being tested and, if necessary, appropriately treated to ensure it is fit for purpose. Such testing and treatment is the responsibility of the water user.

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Part 12	Amendment of this Plan
Notes.

1          This Part sets out amendments authorised by this Plan.

2 For the purposes of sections 87 and 87AA of the Act, the initial period for:

(a)	the water sources, excluding the Bellinger River Coastal Floodplain Alluvial Groundwater Water Source, expired on 1 July 2020, and
(b)	the Bellinger River Coastal Floodplain Alluvial Groundwater Water Source will expire at the end of the term of this Plan.

78      General

For the purposes of section 45 (1) (b) of the Act, this Part provides for when this Plan

may be amended and any such amendments are taken to be authorised by this Plan.

79      Amendments

(1)  This Plan 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 modify (including to amend the boundaries) or remove an existing water source or water management area (including part

thereof) from this Plan,

(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)	amend the Plan Map,
(d)	amend the High Priority Groundwater-Dependent Ecosystem Map,
(e)	increase the long-term average annual extraction limit for the Bellinger River

Coastal Floodplain Alluvial Extraction Management Unit up to 1,050 ML/year,

(f)	amend the flow reference points in Division 2 of Part 8,
(g)	amend the flow classes or establish new or additional flow classes in Division 2

of Part 8, including but not limited to the following:

(i) new flow classes in non tidal management zones and tidal pool management zones that address any designated estuary flow requirements developed following a review of salinity monitoring, and ecological and hydrological studies of ecological needs in the tidal pool

management zones of this Plan,

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(ii)      new flow classes in the Upper Bellinger River Management Zone and

Thora–North Arm Bellinger River Water Source that are based on the

outcomes of a review of the 95th percentile flow in the Bellinger River at

Thora gauge (205002),

Note. The review referred to in the clause above is to be undertaken within the first 5 years of this Plan.

(h)	include provisions for the following:
(i) the management of waters in the coastal sands that are within and outside

the area of this Plan,

(ii)      urban stormwater harvesting,

(iii)     managed aquifer recharge,

Note. Managed aquifer recharge schemes involve taking water such as recycled water or urban stormwater, treating it and then storing it in aquifers under controlled conditions. This water can then be extracted at a later time.

(iv)     the interception of water before it reaches a stream or aquifer by

plantations or other means,

(v)       the management of aquifer interference activities, including the granting

of aquifer interference approvals,

(vi)     water return flows, as referred to in Division 5 of Part 2 of Chapter 3 of

the Act,

(vii)    the protection of groundwater-dependent culturally significant areas,

(i)       to protect water-dependent Aboriginal cultural assets, including but not limited

to:

(a)	identify water-dependent Aboriginal cultural assets,
(b)	establish new flow classes or access rules in Division 2 of Part 8,
(c)	restrict the granting and amending of water supply work approvals,
(d)	establish new access licence dealing rules,

(j)

to give effect to, or in connection with, a determination of native title under the

Native Title Act 1993 of the Commonwealth,

(k)	amend the Dictionary to add, modify or remove a definition,
(l)	amend Schedule 1 to add or remove a contamination source.

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(2)	An amendment authorised by this Plan is taken to include any consequential amendments required to be made to this Plan to give effect to that particular
amendment.
Note. For example, if Part 1 is amended to add a new management zone, this may require amendments to other parts of this Plan to include provisions for that management zone.
(3)	Consequential amendments may be made to this Plan as a result of an amendment to
the Act or regulations.

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Dictionary

Note. Unless otherwise defined in this Plan, words and expressions that are defined in the Act or in the regulations have the same meaning in this Plan.

Aboriginal person has the same meaning as it has in the Aboriginal Land Rights Act 1983. acid sulfate soils means naturally occurring sediments and soils containing iron sulphides (principally pyrite) or their precursors or oxidation products, whose exposure to oxygen

leads to the generation of sulphuric acid (for example by drainage or excavation).

approved EP&A Act development means:

(a)	a project approved under Part 3A of the Environmental Planning and Assessment Act 1979 (whether before or after its repeal), or
(b)	State significant development authorised by a development consent under Part 4 of that Act, or
(c)	State significant infrastructure approved under Part 5 of that Act.

borehole annulus means the space between the bore casing and the wall of the borehole.
Coastal Management SEPP means State Environmental Planning Policy (Coastal
Management) 2018 made under the Environmental Planning and Assessment Act 1979.
excavation footprint means the authorised dimensions of an unlined excavation constructed
for the purposes of water supply only.
extraction management unit means an extraction management unit established under clause
6.
flow regimes means, collectively, the magnitude, duration, frequency and patterns of flow

that characterise a river or water source.

full capacity means the volume of water that is impounded in the pool, lagoon or lake when
the pool, lagoon or lake is at the level when a visible flow out of that pool, lagoon or lake

would cease.

Government monitoring or observation bore means a bore owned or operated by or on
behalf of the Minister, the Ministerial Corporation, the Department or WaterNSW and used
for observation or monitoring purposes.
groundwater-dependent culturally significant area means an area determined by the
Minister to be a groundwater-dependent culturally significant area.
groundwater-dependent ecosystem is an ecosystem that has its species composition and
natural ecological processes wholly or partially determined by groundwater.

internal diameter means the diameter of the inside of the casing of a water bore.

in-river dam pool means the area of water immediately upstream of an in-river dam where

the river has pooled as a result of an in-river dam.

in-river pool means a natural pool, lagoon or lake that is within a river or stream (regardless

of stream size) and excludes:

(a)	a pool that is on a flood-runner or floodplain, or
(b)	a pool that is on an effluent that only begins to flow during high flows.

Note. In the Dictionary to the Act, a lake is defined to include:

(a)	a wetland, a lagoon, a saltmarsh and any collection of still water, whether perennial or intermittent and whether natural or artificial, and
(b)	any water declared by the regulations to be a lake, whether or not it also forms part of a river or estuary, but does not include any water declared by the regulations not to be a lake.

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Logbook, in relation to an access licence or water supply work approval, means a record in

the manner and form approved by the Minister that is notified on the Department’s website.

management zone is an area within a water source in which provisions particular to that area
will apply, for example, restrictions on dealings.
Minimum Construction Requirements for Water Bores in Australia means the document
of that name published from time to time by the National Uniform Drillers Licensing
Committee.
off-river pool means a natural pool, lagoon or lake that is not within a river or stream

(regardless of stream size) and is located:

(a)	on a flood-runner or floodplain, or
(b)	on an effluent that only commences to flow during high flows.

replacement groundwater work has the meaning given by clause 54.
structural damage to an aquifer includes any permanent compaction of sediments within an
aquifer, resulting from depressurisation or dewatering.
third order or higher stream means a third order or higher stream determined by the Straher
method of determining the stream order of a watercourse, as set out in Schedule 2 to the
Water Management (General) Regulation 2018.
top of the high bank of a river means, in relation to the location of a water supply work, the
top of the highest bank on the side of the river where the work is located, unless otherwise
determined by the Minister.
unconsolidated alluvial sediments are sediments that are not bound or hardened by mineral
cement, pressure, or thermal alteration of the grains and include gravel, sand, silt and clay.
water account debit has the meaning given by clause 39.
Water Act 1912 entitlement has the same meaning as an entitlement has in clause 2 of
Schedule 10 to the Act.
weighted average unit price means the total price of all units sold divided by the number of

units sold.

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Schedule 1 Access licences permitted to take from very low flows

(clauses 45 and 49)

Table A – Access licences other than town water supply

Column 1	Column 2	Column 3
Water Source	Management Zone	Water Access Licence number
Bellinger River Water Source	Lower Bellinger River	15751
Management Zone
15890
15895
Kalang River Water Source	16340
Hydes Creek Water Source	Non Tidal Management Zone	15758
15828
15649

Table B – Local water utility access licences or an access licence of the subcategory

“Town water supply”

Column 1	Column 2	Column 3
Water Source	Management Zone	Water Access Licence number
Bellinger River Water Source	Lower Bellinger River	36673
Management Zone

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Schedule 2 Contamination sources (clause 55)

A contamination source in the water sources is any of the following:

(a) any site that has been declared to be significantly contaminated land under the

Contaminated Land Management Act 1997,

(b) any site that has been notified to the Environment Protection Authority under

section 60 of the Contaminated Land Management Act 1997,

(c) any site that is or has been the subject of an activity listed in Table 1 of the contaminated land planning guidelines published under the Environmental

Planning and Assessment Act 1979 from time to time.

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Appendix 1 Overview of the Plan Map (clause 4)

Overview of the Plan Map (WSP002_Version 2) Water Sharing Plan for the Bellinger River

Area Unregulated and Alluvial Water Sources 2020

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Appendix 2	Overview of the High Priority Groundwater-Dependent
Ecosystem Map (clauses 4 and 56)

Overview of the High Priority Groundwater-Dependent Ecosystem Map

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