Water Sharing Plan for the Clarence River Unregulated and Alluvial Water Sources 2016 (NSW)
Part 12 allows for amendments to be made to this Part.
This Plan is the Water Sharing Plan for the Clarence River Unregulated and Alluvial Water Sources 2016 (
This Plan is made under section 50 of the Water Management Act 2000 (
This Plan is a plan for water sharing and generally deals with the matters set out in sections 20 and 21 of the Act, as well as other sections of the Act.
Where a provision of this Plan is made under another section of the Act, the section is referred to in the notes to this Plan.
This Plan commences on 1 July 2016.
1 In accordance with section 43 of the Act, this Plan will have effect for 10 years from 1 July 2016.
2 The Minister may extend this Plan for a further period of 10 years after it is due to expire, in accordance with section 43A of the Act.
This Plan applies to the following water sources known as the Clarence River Unregulated and Alluvial Water Sources (
(a) the Clarence River Unregulated and Upriver Alluvial Water Sources (
these connected water sources ) comprised of the following water sources:(i) Aberfoyle River Water Source,
(ii) Acacia Creek Water Source,
(iii) Alumy Creek Water Source,
(iv) Angourie-Redcliffe and Sandon Rivers Water Source,
(v) Bielsdown River Water Source,
(vi) Blicks River Water Source,
(vii) Bookookoorara Creek Water Source,
(viii) Boonoo Boonoo Creek Water Source,
(ix) Bottle Creek Water Source,
(x) Boyd River Water Source,
(xi) Bucca Bucca Creek Water Source,
(xii) Cataract River Water Source,
(xiii) Clarence Coastal Water Source,
(xiv) Clarence Tidal Pool Water Source,
(xv) Coldstream Creek Water Source,
(xvi) Coombadjha Creek Water Source,
(xvii) Copmanhurst-Lower Mid Clarence Water Source,
(xviii) Dandahra Creek Water Source,
(xix) Deep-Tunglebung Creek Water Source,
(xx) Demon Creek Water Source,
(xxi) Duck Creek Water Source,
(xxii) Esk River Water Source,
(xxiii) Guy Fawkes River Water Source,
(xxiv) Henry River Water Source,
(xxv) Koreelah Creek Water Source,
(xxvi) Little Nymboida River Water Source,
(xxvii) Lower Mann River Water Source,
(xxviii) Lower Nymboida River Water Source,
(xxix) Lower Orara River Water Source,
(xxx) Lower Timbarra River Water Source,
(xxxi) Maryland River Water Source,
(xxxii) Mid Mann River Water Source,
(xxxiii) Mid Nymboida River Water Source,
(xxxiv) Mid Orara River Water Source,
(xxxv) Paddys Flat-Upper Clarence Water Source,
(xxxvi) Peacock Creek Water Source,
(xxxvii) Plumbago Creek Water Source,
(xxxviii) Sara-Oban Rivers Water Source,
(xxxix) Sportsman Creek and Stockyard Creek Water Source,
(xl) Swan Creek Water Source,
(xli) The Gorges-Upper Mid Clarence Water Source,
(xlii) Tooloom Creek Water Source,
(xliii) Upper Mann River Water Source,
(xliv) Upper Nymboida River Water Source,
(xlv) Upper Orara River Water Source,
(xlvi) Upper Timbarra River Water Source,
(xlvii) Washpool Creek Water Source,
(xlviii) Wild Cattle Creek Water Source,
(xlix) Wooli River Water Source,
(l) Wooloweyah Lake Water Source,
(li) Yarrow River Water Source,
(b) the Clarence River Coastal Floodplain Alluvial Groundwater Source.
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.
These water sources are shown on the Plan Map called Plan Map (WSP039_Version 1) Water Sharing Plan for the Clarence River Unregulated and Alluvial Water Sources 2016 (
The Plan Map is part of this Plan. An overview of the Plan Map is shown in Appendix 1. Copies of the Plan Map may be inspected at the offices listed in Appendix 2 and are available on the NSW legislation website.
Subject to subclause (5), these connected water sources include all water:
(a) occurring naturally on the surface of the ground within the boundaries of these connected water sources shown on the Plan Map, and
(b) in rivers, lakes, estuaries and wetlands within the boundaries of these connected water sources shown on the Plan Map, and
(c) contained within all alluvial sediments below the surface of the ground within the boundaries of these connected water sources shown on the Plan Map (
these upriver alluvial sediments ).Note— Alluvial sediments is defined in the Dictionary.
Subject to subclause (5), the Clarence River Coastal Floodplain Alluvial Groundwater Source includes all water contained within all alluvial sediments below the surface of the ground within the boundary of the Clarence River Coastal Floodplain Alluvial Groundwater Source shown on the Plan Map.
These water sources do not include water:
(a) contained in any fractured rock or porous rock, or
(b) contained within sand formations below the surface of the ground, or
Note— Fractured rock ,porous rock andsand formations are defined in the Dictionary.(c) occurring in rivers, lakes, estuaries and wetlands downstream of the mangrove limit.
Note— Mangrove limit is defined in the Dictionary.
This Plan replaces the Water Sharing Plan for the Dorrigo Plateau Surface Water Source and Dorrigo Basalt Groundwater Source 2003.
The groundwater sources previously covered by the Water Sharing Plan for the Dorrigo Plateau Surface Water Source and Dorrigo Basalt Groundwater Source 2003 will be included in the water sharing plan that applies to the fractured and porous groundwater sources located in the area of the north coast of NSW.
This Plan establishes the following extraction management units (
(a) Clarence River Catchment Extraction Management Unit, which applies to the water sources specified in item (a), Column 2 of Table A,
(b) Angourie/Redcliffe Catchment Extraction Management Unit, which applies to the water sources specified in item (b), Column 2 of Table A,
(c) Wooli River Catchment Extraction Management Unit, which applies to the water sources specified in item (c), Column 2 of Table A.
The EMUs specified in subclause (1) are shown on the Plan Map.
A long-term average annual extraction limit is established in Part 6 of this Plan for each of the EMUs. The long-term average annual extraction limit determines the maximum volume of water that may be extracted under access licences and pursuant to domestic and stock rights and native title rights from all water sources within the EMUs on a long-term average annual basis.
Table A—Extraction management units
Column 1—Extraction Management Unit | Column 2—Water Sources | |
(a) | Clarence River Catchment Extraction Management Unit | Aberfoyle River Water Source Acacia Creek Water Source Alumy Creek Water Source Bielsdown River Water Source Blicks River Water Source Bookookoorara Creek Water Source Boonoo Boonoo Creek Water Source Bottle Creek Water Source Boyd River Water Source Bucca Bucca Creek Water Source Cataract River Water Source Clarence Coastal Water Source Clarence Tidal Pool Water Source Coldstream Creek Water Source Coombadjha Creek Water Source Copmanhurst-Lower Mid Clarence Water Source Dandahra Creek Water Source Deep-Tunglebung Creek Water Source Demon Creek Water Source Duck Creek Water Source Esk River Water Source Guy Fawkes River Water Source Henry River Water Source Koreelah Creek Water Source Little Nymboida River Water Source Lower Mann River Water Source Lower Nymboida River Water Source Lower Orara River Water Source Lower Timbarra River Water Source Maryland River Water Source Mid Mann River Water Source Mid Nymboida River Water Source Mid Orara River Water Source Paddys Flat-Upper Clarence Water Source Peacock Creek Water Source Plumbago Creek Water Source Sara-Oban Rivers Water Source Sportsman Creek and Stockyard Creek Water Source Swan Creek Water Source The Gorges-Upper Mid Clarence Water Source Tooloom Creek Water Source Upper Mann River Water Source Upper Nymboida River Water Source Upper Orara River Water Source Upper Timbarra River Water Source Washpool Creek Water Source Wild Cattle Creek Water Source Wooloweyah Lake Water Source Yarrow River Water Source |
(b) | Angourie/Redcliffe Catchment Extraction Management Unit | Angourie-Redcliffe and Sandon Rivers Water Source |
(c) | Wooli River Catchment Extraction Management Unit | Wooli River Water Source |
This Plan contains various rules. Where appropriate, the rules specified in this Plan are given effect by the mandatory conditions for access licences and water supply work approvals contained in Part 11 of this Plan.
Words and expressions that are defined in the Dictionary to this Plan have the meanings set out in the Dictionary.
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.
Unless otherwise specified in this Plan, a clause that applies to a category of access licence also applies to any subcategories of that category of access licence.
The Dictionary and Schedules to this Plan form part of this Plan.
Notes in the text of this Plan do not form part of this Plan.
Appendices to this Plan do not form part of this Plan.
This Part is made in accordance with section 35 (1) of the Act.
The vision for this Plan is to provide for healthy and enhanced water sources and water-dependent ecosystems and for equitable water sharing among users in these water sources.
Respect is paid to the traditional owners of this country, who are acknowledged as the first natural resource managers within these water sources.
The objectives of this Plan are to:
(a) protect, preserve, maintain or enhance the important river flow dependent and high priority groundwater-dependent ecosystems of these water sources, and
Note— Groundwater-dependent ecosystem is defined in the Dictionary.(b) protect, preserve, maintain or enhance the Aboriginal, cultural and heritage values of these water sources, and
(c) protect basic landholder rights, and
(d) manage these water sources to ensure equitable sharing between users, and
(e) provide opportunities for enhanced market based trading of access licences and water allocations within environmental and system constraints, and
(f) provide water allocation account management rules which allow sufficient flexibility in water use, and
(g) contribute to the maintenance of water quality, and
(h) provide recognition of the connectivity between surface water and groundwater, and
(i) adaptively manage these water sources, and
(j) assist the passage of Eastern Freshwater Cod in these water sources, and
(k) contribute to the “environmental and other public benefit outcomes” identified under the “Water Access Entitlements and Planning Framework” in the Intergovernmental Agreement on a National Water Initiative (2004) (
the NWI ).Note— Under the NWI, water that is provided by NSW to meet agreed environmental and other public benefit outcomes as defined in the relevant water plans is to:
(a) be given statutory recognition and have at least the same degree of security as water access entitlements for consumptive use and be fully accounted for, and
(b) be defined as the water management arrangements required to meet the outcome sought, including water provided on a rules basis or held as a water access entitlement, and
(c) if held as a water access entitlement, may be made available to be traded (where physically possible) on the temporary market when not required to meet the environmental and other public benefit outcomes sought and provided such trading is not in conflict with these outcomes.
The strategies of this Plan are to:
(a) establish performance indicators, and
(b) establish environmental water rules, and
(c) identify water requirements for basic landholder rights, and
(d) identify water requirements for access licences, and
(e) establish rules for the granting and amending of access licences and approvals, and
(f) establish rules that place limits on the availability of water for extraction, and
(g) establish rules for making available water determinations, and
(h) establish rules for the operation of water allocation accounts, and
(i) establish rules which specify the circumstances under which water may be taken, and
(j) establish access licence dealing rules, and
(k) identify triggers for and limits to changes to the rules in this Plan.
The following performance indicators are to be used to measure the success of the strategies of this Plan to reach the objectives of this Plan:
(a) the change in low flow regime,
(b) the change in moderate to high flow regime,
(c) the change in water quality in these water sources,
(d) the change in surface water and groundwater extraction relative to the long-term average annual extraction limits,
(e) the change in the ecological condition of these water sources and their dependent ecosystems,
(f) the change in the extent to which domestic and stock rights and native title rights requirements have been met,
(g) the change in economic benefits derived from water extraction and use,
(h) the change in the extent to which water has been made available in recognition of Aboriginal, cultural and heritage values in these water sources.
This Plan establishes a bulk access regime for the extraction of water under access licences in these water sources, having regard to:
(a) the environmental water rules established under Part 4 of this Plan, and
(b) the requirements for water for basic landholder rights identified in Division 2 of Part 5 of this Plan, and
(c) the requirements for water for extraction under access licences identified in Division 3 of Part 5 of this Plan, and
(d) the access licence dealing rules established under Part 10 of this Plan.
The bulk access regime for these water sources:
(a) recognises and is consistent with the limits to the availability of water set in relation to these water sources contained in Division 1 of Part 6 of this Plan, and
(b) establishes rules according to which access licences are to be granted and managed contained in Parts 7 and 8 of this Plan and available water determinations to be made contained in Division 2 of Part 6 of this Plan, and
(c) recognises the effect of climatic variability on the availability of water as described under clause 14, and
(d) establishes rules with respect to the priorities according to which water allocations are to be adjusted as a consequence of any reduction in the availability of water due to an increase in average annual extraction against the long-term average annual extraction limit contained in Division 1 of Part 6 of this Plan, and
(e) contains provisions with respect to the conditions that must be imposed as mandatory conditions on access licences contained in Division 2 of Part 11 of this Plan, and
(f) recognises and is consistent with the water management principles set out in section 5 of the Act.
This Plan recognises the effects of climatic variability on river flow and groundwater levels in these water sources by having provisions that:
(a) manage the sharing of water in these water sources within the limits of water availability on a long-term average annual basis and the priorities according to which water allocations are to be adjusted as a consequence of any reduction in the availability of water due to an increase in the average annual extraction against the long-term average annual extraction limit, contained in Division 1 of Part 6 of this Plan, and
(b) manage the sharing of water in specified water sources on a daily basis in these water sources, contained in Division 2 of Part 8 of this Plan.
Other statutory tools are available to manage for climate variability within a water source, for example, temporary water restrictions under section 324 of the Act.
1 This Part is made in accordance with sections 8, 8A and 20 of the Act.
2 Part 12 allows for amendments to be made to this Part.
This Part contains environmental water rules for the commitment, identification, establishment and maintenance of planned environmental water in these water sources.
In accordance with the Act,
Water is committed and identified as planned environmental water in these water sources in the following ways:
(a) by reference to the commitment of the physical presence of water in these water sources,
(b) by reference to the long-term average annual commitment of water as planned environmental water,
(c) by reference to the water that is not committed after commitments to basic landholder rights and for sharing and extraction under any other rights have been met.
Planned environmental water is established in these water sources as follows:
(a) it is the physical presence of water:
(i) in these connected water sources that results from the access rules specified in Division 2 of Part 8 of this Plan, and
Note— The rules in Division 2 of Part 8 of this Plan for these connected water sources set flow rates or flow levels below which the taking of water is not permitted. Some limited exemptions apply.
(ii) in the Clarence River Coastal Floodplain Alluvial Groundwater Source that is equal to 88% of the long-term average annual rainfall recharge in areas that are not high environmental value areas and 100% of the long-term average annual rainfall recharge in high environmental value areas, and
Notes— 1 At the commencement of this Plan the long-term average annual rainfall recharge for the Clarence River Coastal Floodplain Alluvial Groundwater Source is estimated to be 46,998 megalitres per year in those areas that are not high environmental value areas and 4,748 megalitres per year in high environmental value areas.
2 High environmental value areas andrecharge are defined in the Dictionary.
3 Part 12 allows for amendments to be made to increase the long-term average annual extraction limit for the Clarence River Coastal Floodplain Alluvial Groundwater Source during the term of this Plan. The maximum allowable increase in the long-term average annual extraction limit would result in a minimum of 75% of rainfall recharge being protected as planned environmental water over the long-term in areas that are not high environmental value areas and 100% of rainfall recharge being protected as planned environmental water over the long-term in high environmental value areas.
(iii) in the Clarence River Coastal Floodplain Alluvial Groundwater Source that is within the groundwater storage of the Clarence River Coastal Floodplain Alluvial Groundwater Source over the long term,
Note— Groundwater sources generally store large volumes of water, often accumulated over thousands or even tens of thousands of years. The amount of annual recharge is often very small compared to this stored volume. The average annual volume of water permitted to be extracted under the rules in this Plan is less than the average annual recharge of the Clarence River Coastal Floodplain Alluvial Groundwater Source over the long term, ensuring that water within the groundwater storage of the Clarence River Coastal Alluvial Groundwater Source is protected from extraction.
(b) it is the long-term average annual commitment of water as planned environmental water in:
(i) the Clarence River Unregulated and Upriver Alluvial Water Sources that results from the application of the long-term average annual extraction limit and compliance rules as specified in Division 1 of Part 6 of this Plan and the available water determination rules as specified in Division 2 of Part 6 of this Plan, and
(ii) the Clarence River Coastal Floodplain Alluvial Groundwater Source that is equal to 88% of the long-term average annual rainfall recharge in areas that are not high environmental value areas and 100% of the long-term average annual rainfall recharge in high environmental value areas, and
(iii) the Clarence River Coastal Floodplain Alluvial Groundwater Source that is within the groundwater storage of the Clarence River Coastal Floodplain Alluvial Groundwater Source over the long term,
(c) it is the water remaining in these water sources after water has been taken pursuant to basic landholder rights and access licences, in accordance with the rules specified in Parts 6 and 8 of this Plan.
Note— The water remaining in the Clarence River Coastal Floodplain Alluvial Groundwater Source over the long term after water has been taken pursuant to basic landholder rights and access licences is equal to the water within the groundwater storage plus all recharge in excess of the long-term average annual extraction limit for the Clarence River Coastal Floodplain Alluvial Groundwater Source.
The planned environmental water established under subclause (1) (a) is maintained in:
(a) the Clarence River Unregulated and Upriver Alluvial Water Sources by the rules specified in Division 2 of Part 8 of this Plan, and
(b) the Clarence River Coastal Floodplain Alluvial Groundwater Source by the rules specified in Parts 6 and 8 of this Plan.
The planned environmental water established under subclause (1) (b) is maintained in these water sources by the application of the long-term average annual extraction limit and compliance rules as specified in Division 1 of Part 6 of this Plan and the available water determinations as specified in Division 2 of Part 6 of this Plan.
The planned environmental water established under subclause (1) (c) is maintained in these water sources by the rules specified in Parts 6 and 8 of this Plan.
The rules in Part 6 of this Plan ensure that there will be water remaining in these water sources over the long term by maintaining compliance with the long-term average annual extraction limits. The rules in Part 6 of this Plan provide for a reduction in available water determinations when the long-term average annual extraction limits have been assessed to have been exceeded.
This Part identifies the requirements for water from these water sources for basic landholder rights (Division 2) and for extraction under access licences (Division 3).
The volumes of water specified in this Part represent the estimated water requirements of persons entitled to basic landholder rights in these water sources and the total volumes or unit shares specified in the share components of all access licences in these water sources. The actual volumes of water available for extraction in these water sources at any time will depend on factors such as climatic variability, access licence priority and the rules in this Plan.
This Plan recognises that basic landholder rights in these water sources and the total share components of all access licences authorised to extract water from these water sources may change during the term of this Plan. This Plan manages such changes by having provisions that manage the sharing of water within the limits of water availability, as provided for in Division 1 of Part 6 of this Plan.
The total share components of access licences in these water sources may change during the term of this Plan as a result of:
(a) the grant, surrender or cancellation of access licences in these water sources, or
(b) the variation of local water utility licences under section 66 of the Act, or
(c) changes due to the volumetric conversion of Water Act 1912 entitlements that are currently non-volumetric.
At the commencement of this Plan the water requirements of persons entitled to domestic and stock rights in these water sources are estimated to total 5,633 megalitres per year (
(a) 167 ML/year in the Aberfoyle River Water Source,
(b) 33 ML/year in the Acacia Creek Water Source,
(c) 110 ML/year in the Alumy Creek Water Source,
(d) 0 ML/year in the Angourie-Redcliffe and Sandon Rivers Water Source,
(e) 7 ML/year in the Bielsdown River Water Source,
(f) 7 ML/year in the Blicks River Water Source,
(g) 25 ML/year in the Bookookoorara Creek Water Source,
(h) 65 ML/year in the Boonoo Boonoo Creek Water Source,
(i) 51 ML/year in the Bottle Creek Water Source,
(j) 42 ML/year in the Boyd River Water Source,
(k) 172 ML/year in the Bucca Bucca Creek Water Source,
(l) 105 ML/year in the Cataract River Water Source,
(m) 2 ML/year in the Clarence Coastal Water Source,
(n) 150 ML/year in the Clarence River Coastal Floodplain Alluvial Groundwater Source,
(o) 45 ML/year in the Clarence Tidal Pool Water Source,
(p) 93 ML/year in the Coldstream Creek Water Source,
(q) 146 ML/year in the Coombadjha Creek Water Source,
(r) 499 ML/year in the Copmanhurst-Lower Mid Clarence Water Source,
(s) 26 ML/year in the Dandahra Creek Water Source,
(t) 68 ML/year in the Deep-Tunglebung Creek Water Source,
(u) 35 ML/year in the Demon Creek Water Source,
(v) 248 ML/year in the Duck Creek Water Source,
(w) 2 ML/year in the Esk River Water Source,
(x) 32 ML/year in the Guy Fawkes River Water Source,
(y) 49 ML/year in the Henry River Water Source,
(z) 104 ML/year in the Koreelah Creek Water Source,
(aa) 115 ML/year in the Little Nymboida River Water Source,
(ab) 154 ML/year in the Lower Mann River Water Source,
(ac) 115 ML/year in the Lower Nymboida River Water Source,
(ad) 311 ML/year in the Lower Orara River Water Source,
(ae) 66 ML/year in the Lower Timbarra River Water Source,
(af) 94 ML/year in the Maryland River Water Source,
(ag) 89 ML/year in the Mid Mann River Water Source,
(ah) 66 ML/year in the Mid Nymboida River Water Source,
(ai) 596 ML/year in the Mid Orara River Water Source,
(aj) 103 ML/year in the Paddys Flat-Upper Clarence Water Source,
(ak) 59 ML/year in the Peacock Creek Water Source,
(al) 24 ML/day in the Plumbago Creek Water Source,
(am) 121 ML/year in the Sara-Oban Rivers Water Source,
(an) 217 ML/year in the Sportsman Creek and Stockyard Creek Water Source,
(ao) 146 ML/year in the Swan Creek Water Source,
(ap) 478 ML/year in the The Gorges-Upper Mid Clarence Water Source,
(aq) 224 ML/year in the Tooloom Creek Water Source,
(ar) 79 ML/year in the Upper Mann River Water Source,
(as) 11 ML/year in the Upper Nymboida River Water Source,
(at) 70 ML/year in the Upper Orara River Water Source,
(au) 91 ML/year in the Upper Timbarra River Water Source,
(av) 40 ML/year in the Washpool Creek Water Source,
(aw) 3 ML/year in the Wild Cattle Creek Water Source,
(ax) 2 ML/year in the Wooli River Water Source,
(ay) 37 ML/year in the Wooloweyah Lake Water Source,
(az) 39 ML/year in the Yarrow River Water Source.
1 Domestic and stock rights are set out in Division 1 of Part 1 of Chapter 3 of the Act and must be exercised in accordance with any mandatory guidelines established under the Act with respect to the taking and use of water for domestic consumption or stock watering. The volumes set out in this clause are separate from any volumes of water licensed for domestic and stock purposes in these water sources.
2 Inherent water quality and land use activities may make the water in some areas unsuitable for human consumption. Water from these water sources should not be consumed without first being tested and, if necessary, appropriately treated. Such testing and treatment is the responsibility of the water user.
The requirement for water for native title rights is the water native title holders are entitled to take pursuant to their native title rights under section 55 of the Act.
1 The NSD6052/1998 Native Title Determination provides that the Yaegl People have the right to take and use water for personal, domestic and communal purposes, including cultural purposes, in the following water sources:
a Clarence Coastal Water Source,
b Wooloweyah Lake Water Source.
2 The NSD168/2011 Native Title Determination provides that the Yaegl People have the right to take and use water for personal, domestic and communal purposes, including cultural purposes, in the following water sources:
a Clarence Coastal Water Source,
b Wooloweyah Lake Water Source,
c Angourie-Redcliffe and Sandon Rivers Water Source,
d Coldstream Creek Water Source,
e Wooli River Water Source.
3 The NSD6034/1998 Native Title Determination provides that the Bandjalang People have the right to take and use water for personal, domestic and non-commercial communal purposes, including cultural purposes, in the Esk River Water Source.
4 The NSD6107/1998 Native Title Determination provides that the Bandjalang People have the right to take and use water for personal, domestic and non-commercial communal purposes in the following water sources:
a Esk River Water Source,
b Clarence Coastal Water Source,
c Sportsman Creek and Stockyard Creek Water Source,
d Alumy Creek Water Source.
5 The NSD6019/1998 Native Title Determination provides that the Githabul People have the right to take and use water for personal, domestic and non-commercial communal purposes in the following water sources:
a Koreelah Creek Water Source,
b Tooloom Creek Water Source,
c Duck Creek Water Source,
d Paddys Flat-Upper Clarence Water Source,
e Peacock Creek Water Source.
6 A change in native title rights may occur pursuant to the provisions of the Native Title Act 1993 of the Commonwealth.
The requirement for water under harvestable rights in these water sources is equal to the total amount of water that owners or occupiers of landholdings are entitled to capture and store pursuant to a harvestable rights order made under Division 2 of Part 1 of Chapter 3 of the Act.
It is estimated that at the time of commencement of this Plan the share components of domestic and stock access licences authorised to take water from these water sources total 541 ML/year, distributed as follows:
(a) 0 ML/year in the Aberfoyle River Water Source,
(b) 23 ML/year in the Acacia Creek Water Source,
(c) 12 ML/year in the Alumy Creek Water Source,
(d) 0 ML/year in the Angourie-Redcliffe and Sandon Rivers Water Source,
(e) 76 ML/year in the Bielsdown River Water Source,
(f) 4 ML/year in the Blicks River Water Source,
(g) 0 ML/year in the Bookookoorara Creek Water Source,
(h) 0 ML/year in the Boonoo Boonoo Creek Water Source,
(i) 0 ML/year in the Bottle Creek Water Source,
(j) 17 ML/year in the Boyd River Water Source,
(k) 18 ML/year in the Bucca Bucca Creek Water Source,
(l) 0 ML/year in the Cataract River Water Source,
(m) 7 ML/year in the Clarence Coastal Water Source,
(n) 0 ML/year in the Clarence River Coastal Floodplain Alluvial Groundwater Source,
(o) 70 ML/year in the Clarence Tidal Pool Water Source,
(p) 0 ML/year in the Coldstream Creek Water Source,
(q) 0 ML/year in the Coombadjha Creek Water Source,
(r) 0 ML/year in the Copmanhurst-Lower Mid Clarence Water Source,
(s) 0 ML/year in the Dandahra Creek Water Source,
(t) 5 ML/year in the Deep-Tunglebung Creek Water Source,
(u) 0 ML/year in the Demon Creek Water Source,
(v) 5 ML/year in the Duck Creek Water Source,
(w) 0 ML/year in the Esk River Water Source,
(x) 1 ML/year in the Guy Fawkes River Water Source,
(y) 6 ML/year in the Henry River Water Source,
(z) 8 ML/year in the Koreelah Creek Water Source,
(aa) 4 ML/year in the Little Nymboida River Water Source,
(ab) 0 ML/year in the Lower Mann River Water Source,
(ac) 4 ML/year in the Lower Nymboida River Water Source,
(ad) 2 ML/year in the Lower Orara River Water Source,
(ae) 0 ML/year in the Lower Timbarra River Water Source,
(af) 5 ML/year in the Maryland River Water Source,
(ag) 6 ML/year in the Mid Mann River Water Source,
(ah) 18 ML/year in the Mid Nymboida River Water Source,
(ai) 108 ML/year in the Mid Orara River Water Source,
(aj) 23 ML/year in the Paddys Flat-Upper Clarence Water Source,
(ak) 5 ML/year in the Peacock Creek Water Source,
(al) 1 ML/year in the Plumbago Creek Water Source,
(am) 0 ML/year in the Sara-Oban Rivers Water Source,
(an) 9 ML/year in the Sportsman Creek and Stockyard Creek Water Source,
(ao) 22 ML/year in the Swan Creek Water Source,
(ap) 24 ML/year in the The Gorges-Upper Mid Clarence Water Source,
(aq) 16 ML/year in the Tooloom Creek Water Source,
(ar) 14 ML/year in the Upper Mann River Water Source,
(as) 2 ML/year in the Upper Nymboida River Water Source,
(at) 20 ML/year in the Upper Orara River Water Source,
(au) 3 ML/year in the Upper Timbarra River Water Source,
(av) 0 ML/year in the Washpool Creek Water Source,
(aw) 3 ML/year in the Wild Cattle Creek Water Source,
(ax) 0 ML/year in the Wooli River Water Source,
(ay) 0 ML/year in the Wooloweyah Lake Water Source,
(az) 0 ML/year in the Yarrow River Water Source.
It is estimated that at the time of commencement of this Plan the share components of local water utility access licences authorised to take water from these water sources total 41,213 ML/year, distributed as follows:
(a) 3,000 ML/year in the Bielsdown River Water Source,
(b) 141 ML/year in the Mid Mann River Water Source,
(c) 29,600 ML/year in the Mid Nymboida River Water Source,
(d) 200 ML/year in the Mid Orara River Water Source,
(e) 85 ML/year in the Peacock Creek Water Source,
(f) 175 ML/year in the Tooloom Creek Water Source,
(g) 7,769 ML/year in the Upper Orara River Water Source,
(h) 243 ML/year in the Wooli River Water Source,
(i) 0 ML/year in all other water sources.
It is estimated that at the time of commencement of this Plan the share components of unregulated river access licences authorised to take water from these water sources total 36,734 unit shares, distributed as follows:
(a) 119 unit shares in the Aberfoyle River Water Source,
(b) 574 unit shares in the Acacia Creek Water Source,
(c) 1,231 unit shares in the Alumy Creek Water Source,
(d) 0 unit shares in the Angourie-Redcliffe and Sandon Water Source,
(e) 7,177 unit shares in the Bielsdown River Water Source,
(f) 435 unit shares in the Blicks River Water Source,
(g) 597 unit shares in the Bookookoorara Creek Water Source,
(h) 142 unit shares in the Boonoo Boonoo Creek Water Source,
(i) 0 unit shares in the Bottle Creek Water Source,
(j) 0 unit shares in the Boyd River Water Source,
(k) 407 unit shares in the Bucca Bucca Creek Water Source,
(l) 8 unit shares in the Cataract River Water Source,
(m) 330 unit shares in the Clarence Coastal Water Source,
(n) 2,120 unit shares in the Clarence Tidal Pool Water Source,
(o) 330 unit shares in the Coldstream Creek Water Source,
(p) 0 unit shares in the Coombadjha Creek Water Source,
(q) 731 unit shares in the Copmanhurst-Lower Mid Clarence Water Source,
(r) 0 unit shares in the Dandahra Creek Water Source,
(s) 201 unit shares in the Deep-Tunglebung Creek Water Source,
(t) 0 unit shares in the Demon Creek Water Source,
(u) 686 unit shares in the Duck Creek Water Source,
(v) 0 unit shares in the Esk River Water Source,
(w) 14 unit shares in the Guy Fawkes River Water Source,
(x) 68 unit shares in the Henry River Water Source,
(y) 546 unit shares in the Koreelah Creek Water Source,
(z) 330 unit shares in the Little Nymboida River Water Source,
(aa) 512 unit shares in the Lower Mann River Water Source,
(ab) 49 unit shares in the Lower Nymboida River Water Source,
(ac) 672 unit shares in the Lower Orara River Water Source,
(ad) 8 unit shares in the Lower Timbarra River Water Source,
(ae) 990 unit shares in the Maryland River Water Source,
(af) 598 unit shares in the Mid Mann River Water Source,
(ag) 292 unit shares in the Mid Nymboida River Water Source,
(ah) 8,340 unit shares in the Mid Orara River Water Source,
(ai) 920 unit shares in the Paddys Flat-Upper Clarence Water Source,
(aj) 153 unit shares in the Peacock Creek Water Source,
(ak) 0 unit shares in the Plumbago Creek Water Source,
(al) 258 unit shares in the Sara-Oban Rivers Water Source,
(am) 101 unit shares in the Sportsman Creek and Stockyard Creek Water Source,
(an) 892 unit shares in the Swan Creek Water Source,
(ao) 3,257 unit shares in the The Gorges-Upper Mid Clarence Water Source,
(ap) 679 unit shares in the Tooloom Creek Water Source,
(aq) 22 unit shares in the Upper Mann River Water Source,
(ar) 1,543 unit shares in the Upper Nymboida River Water Source,
(as) 909 unit shares in the Upper Orara River Water Source,
(at) 3 unit shares in the Upper Timbarra River Water Source,
(au) 108 unit shares in the Washpool Creek Water Source,
(av) 333 unit shares in the Wild Cattle Creek Water Source,
(aw) 0 unit shares in the Wooli River Water Source,
(ax) 9 unit shares in the Wooloweyah Lake Water Source,
(ay) 40 unit shares in the Yarrow River Water Source.
It is estimated that at the time of commencement of this Plan, the share components of unregulated river (high flow) access licences authorised to take water from these water sources will total 0 unit shares, distributed as follows:
(a) 0 unit shares in the Copmanhurst-Lower Mid Clarence Water Source,
(b) 0 unit shares in the Lower Mann River Water Source,
(c) 0 unit shares in the Lower Orara River Water Source,
(d) 0 unit shares in the Mid Orara River Water Source,
(e) 0 unit shares in the Paddys Flat-Upper Clarence Water Source,
(f) 0 unit shares in the Peacock Creek Water Source,
(g) 0 unit shares in Tooloom Creek Water Source.
The water sources listed above are the only water sources within the Plan area which have been identified as suitable for unregulated river (high flow) access licences. Part 10 of this Plan allows for a specified amount of share components to be traded into these water sources as unregulated river (high flow) access licences. However, at the commencement of this Plan, there are no existing access licences of this category, hence the 0 unit shares indicated.
It is estimated that at the time of commencement of this Plan the share components of aquifer access licences authorised to take water from these water sources total 2,019 unit shares, distributed as follows:
(a) 31 unit shares in the Alumy Creek Water Source,
(b) 229 unit shares in the Bucca Bucca Creek Water Source,
(c) 135 unit shares in the Clarence Coastal Water Source,
(d) 901 unit shares in the Clarence River Coastal Floodplain Alluvial Groundwater Source,
(e) 30 unit shares in the Clarence Tidal Pool Water Source,
(f) 30 unit shares in the Lower Orara River Water Source,
(g) 449 unit shares in Mid Orara River Water Source,
(h) 5 unit shares in Swan Creek Water Source,
(i) 209 unit shares in the Upper Orara Water Source,
(j) 0 unit shares in all other water sources.
Part 12 allows for amendments to be made to this Part.
The availability of water for extraction in these water sources on a long-term basis is to be managed in accordance with this Part.
This clause establishes long-term average annual extraction limits for each of the EMUs and the Clarence River Coastal Floodplain Alluvial Groundwater Source.
The long-term average annual extraction limit for the Clarence River Catchment Extraction Management Unit is the sum of:
(a) the share components of all access licences in the Clarence River Catchment Extraction Management Unit, plus
(b) the annual water requirements pursuant to domestic and stock rights and native title rights in the Clarence River Catchment Extraction Management Unit.
The long-term average annual extraction limit for the Angourie/Redcliffe Catchment Extraction Management Unit is the sum of:
(a) the share components of all access licences in the Angourie/Redcliffe Catchment Extraction Management Unit, plus
(b) the annual water requirements pursuant to domestic and stock rights and native title rights in the Angourie/Redcliffe Catchment Extraction Management Unit.
The long-term average annual extraction limit for the Wooli River Catchment Extraction Management Unit is the sum of:
(a) the share components of all access licences in the Wooli River Catchment Extraction Management Unit, plus
(b) the annual water requirements pursuant to domestic and stock rights and native title rights in the Wooli River Catchment Extraction Management Unit.
The long-term average annual extraction limit for the Clarence River Coastal Floodplain Alluvial Groundwater Source is 5,457 ML/year.
1 The long-term average annual extraction limit for the Clarence River Coastal Floodplain Alluvial Groundwater Source is equal to current entitlements plus estimated future water requirements for the term of this plan.
2 Part 12 allows for the long-term average annual extraction limit for the Clarence River Coastal Floodplain Alluvial Groundwater Source to be increased up to 11,750 ML/year.
Under section 8F of the Act the long-term average annual extraction limit is taken to be varied by the amount of any change to the amount of water committed as licensed environmental water, excluding water committed under section 8C of the Act. Water committed as licensed environmental water is not to be accounted for as extraction. The variation in the long-term average annual extraction limit is to be determined in accordance with a methodology approved by the Minister and published in the Gazette.
After each water year, the total volume of water taken during that water year:
(a) under all categories of access licence, and
(b) pursuant to domestic and stock rights and native title rights,
must be calculated for each of the EMUs and the Clarence River Coastal Floodplain Alluvial Groundwater Source.
An assessment of average annual extractions against the long-term average annual extraction limit is to be conducted for each of the EMUs and the Clarence River Coastal Floodplain Alluvial Groundwater Source as set out in this clause.
Commencing in the fourth water year in which this Plan has effect, the assessment referred to in subclause (1) must compare the long-term average annual extraction limit established under clause 28 for each of the EMUs and the Clarence River Coastal Floodplain Alluvial Groundwater Source against the average annual extractions in the preceding three water years as calculated under clause 29 for each of the EMUs and the Clarence River Coastal Floodplain Alluvial Groundwater Source.
Compliance with the long-term average annual extraction limit established for each of the EMUs is to be managed in accordance with this clause.
Commencing in the fourth water year in which this Plan has effect, if, in the Minister’s opinion, the assessment under clause 30 demonstrates that the average of the annual extractions in any of the EMUs in the preceding three water years has exceeded the long-term average annual extraction limit established under clause 28 for each of the EMUs by 5% or more, then available water determinations for unregulated river access licences, unregulated river (high flow) access licences and aquifer access licences in that EMU are to be reduced for the following water year in accordance with subclause (3).
The reduction under subclause (2) is to be of an amount that is, in the Minister’s opinion, necessary to return the long-term average annual extractions in the respective EMUs to the long-term average annual extraction limit for that EMU established under this Part.
Compliance with the long-term average annual extraction limit established for the Clarence River Coastal Floodplain Alluvial Groundwater Source is to be managed in accordance with this clause.
Commencing in the fourth water year in which this Plan has effect, if, in the Minister’s opinion, the assessment under clause 30 demonstrates that the average of the annual extractions in the Clarence River Coastal Floodplain Alluvial Groundwater Source in the preceding three water years has exceeded the long-term average annual extraction limit established under clause 28 for the Clarence River Coastal Floodplain Alluvial Groundwater Source by 5% or more, then the available water determination for aquifer access licences in the Clarence River Coastal Floodplain Alluvial Groundwater Source is to be reduced for the following water year in accordance with subclause (3).
The reduction under subclause (2) is to be of an amount that is, in the Minister’s opinion, necessary to return the average annual extractions in the Clarence River Coastal Floodplain Alluvial Groundwater Source to the long-term average annual extraction limit for that water source established under this Part.
Available water determinations for access licences with share components that specify any one of these water sources are to be expressed as either:
(a) a percentage of the share component for access licences where share components are specified as ML/year, or
(b) megalitres (
ML ) per unit share for access licences where share components are specified as a number of unit shares.
Subject to subclause (3), the sum of available water determinations made for any access licence with a share component that specifies one of these water sources must not, in any water year, exceed:
(a) 100% of the access licence share component, or such lower amount that is determined under Division 1 of this Part, for all access licences where share components are specified as ML/year, or
(b) 1 ML per unit share of the access licence share component, or such lower amount that is determined under Division 1 of this Part, for all access licences where share components are specified as a number of unit shares.
For the first water year in which this Plan has effect, subclause (2) does not apply to access licences with a share component that specifies one of these connected water sources, excluding:
(a) domestic and stock access licences, local water utility access licences, unregulated river access licences and unregulated river (high flow) access licences with a share component that specifies the Bielsdown River Water Source, the Blicks River Water Source, the Upper Nymboida River Water Source or the Wild Cattle Creek Water Source, and
(b) access licences with a share component that specifies the Clarence River Coastal Floodplain Alluvial Groundwater Source.
In making available water determinations for these connected water sources at the commencement of this Plan, the Minister should consider the rules in this clause.
At the commencement of this Plan, the following available water determinations should be made for access licences with a share component that specifies one of these connected water sources, excluding the Bielsdown River Water Source, the Blicks River Water Source, the Upper Nymboida River Water Source and the Wild Cattle Creek Water Source:
(a) 200% of the access licence share component for domestic and stock access licences,
(b) 200% of the access licence share component for local water utility access licences,
(c) 2 ML per unit of share component for unregulated river access licences,
(d) 2 ML per unit of share component for unregulated river (high flow) access licences,
(e) 2 ML per unit of share component for aquifer access licences.
In making available water determinations for these connected water sources after the first water year in which this Plan has effect, the Minister should consider the rules in this clause.
At the commencement of each water year after the first water year in which this Plan has effect, the following available water determinations should be made for access licences with a share component that specifies one of these connected water sources, excluding the Bielsdown River Water Source, the Blicks River Water Source, the Upper Nymboida River Water Source and the Wild Cattle Creek Water Source:
(a) 100% of the access licence share component for domestic and stock access licences,
(b) 100% of the access licence share component for local water utility access licences,
(c) 1 ML per unit of share component for unregulated river access licences,
(d) 1 ML per unit of share component for unregulated river (high flow) access licences,
(e) 1 ML per unit of share component for aquifer access licences,
or such lower amount that is determined under Division 1 of this Part.
Division 1 of this Part provides for available water determinations for unregulated river access licences, unregulated river (high flow) access licences and aquifer access licences to be reduced where the long-term average annual extraction limit for the respective EMU has been assessed to have been exceeded, as per clauses 30 and 31.
In making available water determinations for the Bielsdown River Water Source, the Blicks River Water Source, the Upper Nymboida River Water Source and the Wild Cattle Creek Water Source, the Minister should consider the rules in this clause.
At the commencement of this Plan and at the commencement of each water year after the first water year in which this Plan has effect, the following available water determinations should be made for access licences with a share component that specifies the Bielsdown River Water Source, the Blicks River Water Source, the Upper Nymboida River Water Source or the Wild Cattle Creek Water Source:
(a) 100% of the access licence share component for domestic and stock access licences,
(b) 100% of the access licence share component for local water utility access licences,
(c) 1 ML per unit of share component for unregulated river access licences,
or such lower amount that is determined under Division 1 of this Part.
Division 1 of this Part provides for available water determinations for unregulated river access licences to be reduced where the long-term average annual extraction limit for the Clarence River Catchment Extraction Management Unit has been assessed to have been exceeded, as per clauses 30 and 31.
At the commencement of this Plan, an available water determination of 2 ML per unit of share component should be made for aquifer access licences with a share component that specifies the Bielsdown River Water Source, the Blicks River Water Source, the Upper Nymboida River Water Source or the Wild Cattle Creek Water Source.
At the commencement of each water year after the first water year in which this Plan has effect, an available water determination of 1 ML per unit of share component, or such lower amount that is determined under Division 1 of this Part, should be made for aquifer access licences with a share component that specifies the Bielsdown River Water Source, the Blicks River Water Source, the Upper Nymboida River Water Source or the Wild Cattle Creek Water Source.
Division 1 of this Part provides for available water determinations for aquifer access licences to be reduced where the long-term average annual extraction limit for the Clarence River Catchment Extraction Management Unit has been assessed to have been exceeded, as per clauses 30 and 31.
In making available water determinations for the Clarence River Coastal Floodplain Alluvial Groundwater Source, the Minister should consider the rules in this clause.
At the commencement of this Plan and at the commencement of each water year after the first water year in which this Plan has effect, the following available water determinations should be made for access licences with a share component that specifies the Clarence River Coastal Floodplain Alluvial Groundwater Source:
(a) 100% of the access licence share component for domestic and stock access licences,
(b) 100% of the access licence share component for local water utility access licences,
(c) 1 ML per unit of share component for aquifer access licences,
or such lower amount that is determined under Division 1 of this Part.
Division 1 of this Part provides for available water determinations for aquifer access licences to be reduced where the long-term average annual extraction limit for the Clarence River Coastal Floodplain Alluvial Groundwater Source has been assessed to have been exceeded, as per clauses 30 and 32.
1 This Part is made in accordance with sections 20, 61 and 63 of the Act.
2 Access licences granted in these water sources will be subject to mandatory conditions and may be subject to discretionary conditions.
Section 61 of the Act allows for the granting of specific purpose access licences under the regulations and the relevant water sharing plan. Only those specific purpose access licences listed in clause 10 of the Water Management (General) Regulation 2011 can be granted under the regulations. The licences that may be applied for under subclauses (2) and (5) are in addition to applications for the categories and subcategories of specific purpose access licences that may be made in accordance with clause 10 of the Water Management (General) Regulation 2011.
A specific purpose access licence must not be granted in these water sources unless the Minister is satisfied that the share and extraction component of the access licence is the minimum required to meet the circumstances in which the access licence is proposed to be used.
Subject to subclauses (3) and (4), applications may be made for an unregulated river (subcategory “Aboriginal community development”) access licence in the following water sources:
(a) Blicks River Water Source,
(b) Maryland River Water Source,
(c) Upper Orara River Water Source.
An unregulated river (subcategory “Aboriginal community development”) access licence must not be granted in the Maryland River Water Source, if it would cause the sum of the share components of unregulated river (subcategory “Aboriginal community development”) access licences to exceed 34 ML/year in the Maryland River Water Source.
An unregulated river (subcategory “Aboriginal community development”) access licence must not be granted in the Upper Orara River Water Source, if it would cause the sum of the share components of unregulated river (subcategory “Aboriginal community development”) access licences to exceed 417 ML/year in the Upper Orara River Water Source.
Applications may be made for an aquifer (subcategory “Aboriginal community development”) access licence for the taking of water from the Clarence River Coastal Floodplain Alluvial Groundwater Source.
1 An access licence of the subcategory “Aboriginal community development” is a specific purpose access licence and as such can only be the subject of limited trade that is consistent with the purpose for which the licence was granted. Aboriginal communities, enterprises and individuals are encouraged to seek financial assistance from funding bodies to purchase other categories of access licence if they require fully tradeable licences.
2 Holders of unregulated river (“Aboriginal community development”) access licences in the above surface waters may only take water when flows in those water sources are in the B Class or C Class.
3 The Regulation will provide for the creation of new access licences that authorise the taking of water between the defined tidal limit and the mangrove limit in the Clarence Tidal Pool Water Source and the Clarence Coastal Water Source (for which no entitlement has previously been required under the Water Act 1912).
Applications may not be made for an access licence of the subcategory “Aboriginal cultural” if the share component of the proposed access licence is more than 10 ML/year.
An access licence of the subcategory “Aboriginal cultural” may only be granted for the taking of water by an Aboriginal person or Aboriginal community for any personal, domestic or communal purpose, including drinking, food preparation, washing, manufacturing traditional artefacts, watering domestic gardens, cultural teaching, hunting, fishing, gathering and for recreational, cultural and ceremonial purposes.
The Minister may grant an access licence where the right to apply for the licence has been acquired in a manner prescribed by an order made under section 65 of the Act.
1 Part 12 allows for amendments to be made to this Part.
2 The Act provides for the keeping of water allocation accounts for access licences. The rules in this Part impose further restrictions on the volume of water that may be taken under an access licence over a specified period of time. These restrictions are in addition to any other limits on access licences for the taking of water. It is an offence under the Act to take water under an access licence for which there is no or insufficient water allocation.
The rules in this clause apply to the taking of water under an access licence with a share component that specifies one of these connected water sources, excluding the following water sources:
(a) Bielsdown River Water Source,
(b) Blicks River Water Source,
(c) Upper Nymboida River Water Source,
(d) Wild Cattle Creek Water Source,
(e) Clarence River Coastal Floodplain Alluvial Groundwater Source.
For the period of the first three water years in which this Plan has effect, water taken under an access licence, must not exceed a volume equal to:
(a) 50% of the water allocations accrued to the water allocation account for the access licence from available water determinations in the first water year, plus
(b) the sum of water allocations accrued to the water allocation account for the access licence from available water determinations in the second and third water years, plus
(c) the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act in those three water years, plus
(d) any water allocations recredited to the water allocation account for the access licence in accordance with section 76 of the Act in those three water years.
For the period of any three consecutive water years after the first water year in which this Plan has effect, water taken under an access licence must not exceed a volume equal to the lesser of:
(a) the sum of:
(i) water allocations accrued to the water allocation account for the access licence from available water determinations in those three water years, and
(ii) the water allocations carried over in the water allocation account for the access licence from the water year prior to those three water years under subclause (4), and
(iii) the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act in those three water years, and
(iv) any water allocations recredited to the water allocation account for the access licence in accordance with section 76 of the Act in those three water years, or
(b) the sum of:
(i) the share component of the access licence at the beginning of the first of those three water years, and
(ii) the share component of the access licence at the beginning of the second of those three water years, and
(iii) the share component of the access licence at the beginning of the third of those three water years, and
(iv) the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act in those three water years, and
(v) any water allocations recredited to the water allocation account for the access licence in accordance with section 76 of the Act in those three water years.
The maximum water allocation that can be carried over from one water year to the next in the water allocation account for an access licence is equal to:
(a) 100% of the access licence share component for access licences with share components expressed as ML/year, or
(b) 1 ML per unit share of access licence share component for access licences with share components expressed as a number of unit shares.
The rules in this clause apply to the taking of water under an access licence with a share component that specifies one of the following water sources:
(a) Bielsdown River Water Source,
(b) Blicks River Water Source,
(c) Upper Nymboida River Water Source,
(d) Wild Cattle Creek Water Source.
For the period of any three consecutive water years in which this Plan has effect, water taken under a domestic and stock access licence, local water utility access licence or an unregulated river access licence must not exceed a volume equal to the lesser of:
(a) the sum of:
(i) water allocations accrued to the water allocation account for the access licence from available water determinations in those three water years, and
(ii) the water allocations carried over in the water allocation account for the access licence from the water year prior to those three water years under subclause (5), and
(iii) the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act in those three water years, and
(iv) any water allocations recredited to the water allocation account for the access licence in accordance with section 76 of the Act in those three water years, or
(b) the sum of:
(i) the share component of the access licence at the beginning of the first of those three water years, and
(ii) the share component of the access licence at the beginning of the second of those three water years, and
(iii) the share component of the access licence at the beginning of the third of those three water years, and
(iv) the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act in those three water years, and
(v) any water allocations recredited to the water allocation account for the access licence in accordance with section 76 of the Act in those three water years.
For the period of the first three water years in which this Plan has effect, water taken under an aquifer access licence must not exceed a volume equal to:
(a) 50% of the water allocations accrued to the water allocation account for the access licence from available water determinations in the first water year, plus
(b) the sum of water allocations accrued to the water allocation account for the access licence from available water determinations in the second and third water years, plus
(c) the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act in those three water years, plus
(d) any water allocations recredited to the water allocation account for the access licence in accordance with section 76 of the Act in those three water years.
For the period of any three consecutive water years after the first water year in which this Plan has effect, water taken under an aquifer access licence must not exceed a volume equal to the lesser of:
(a) the sum of:
(i) water allocations accrued to the water allocation account for the access licence from available water determinations in those three water years, and
(ii) the water allocations carried over in the water allocation account for the access licence from the water year prior to those three water years under subclause (5), and
(iii) the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act in those three water years, and
(iv) any water allocations recredited to the water allocation account for the access licence in accordance with section 76 of the Act in those three water years, or
(b) the sum of:
(i) the share component of the access licence at the beginning of the first of those three water years, and
(ii) the share component of the access licence at the beginning of the second of those three water years, and
(iii) the share component of the access licence at the beginning of the third of those three water years, and
(iv) the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act in those three water years, and
(v) any water allocations recredited to the water allocation account for the access licence in accordance with section 76 of the Act in those three water years.
The maximum water allocation that can be carried over from one water year to the next in the water allocation account for a domestic and stock access licence, a local water utility access licence, an unregulated river access licence or an aquifer access licence is equal to:
(a) 100% of the access licence share component for access licences with share components expressed as ML/year, or
(b) 1 ML per unit share of the access licence share component for access licences with share components expressed as a number of unit shares.
The rules in this clause apply to the taking of water under an access licence with a share component that specifies the Clarence River Coastal Floodplain Alluvial Groundwater Source.
In any water year in which this Plan has effect, water taken under an access licence must not exceed a volume equal to:
(a) the sum of water allocations accrued to the water allocation account for the access licence from available water determinations in that water year, plus
(b) the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act in that water year, plus
(c) any water allocations recredited to the water allocation account for the access licence in accordance with section 76 of the Act in that water year.
Water allocations remaining in the water allocation account for an access licence cannot be carried over from one water year to the next.
The rules in this Division apply to the taking of water under an access licence with a share component that specifies one of these water sources.
This Plan establishes the flow classes specified in Column 2 of Table B to this clause for the sharing of flows on a daily basis in these water sources.
The flow classes in Column 2 of Table B and the reference points specified in Column 5 of Table B are established for each water source specified in Column 1 of Table B.
Subject to subclause (4) and (5), a flow class applies in the respective water source on the day specified in Column 6 of Table B when the flow (ML/day) or water level in metres Australian Height Datum, (
For flow classes that are determined based on flows at more than one flow measuring gauge, on any day that it is not possible to determine the flow at a flow reference point specified in Column 5 of Table B due to flow data not being available from a flow measuring gauge, then the flow class applies for the relevant water source when flows as measured at the remaining functioning gauge specified in Column 5 of Table B are equal to the flows specified in Column 4 of Table B for that gauge.
Subject to subclause (4), if, in the Minister’s opinion, accurate flow data is not available on any particular day from a flow measuring gauge used to determine a flow class, the Minister may determine the flow class that applies for that day and notify the licence holders in writing of the flow class that applies for that day. For the purpose of this subclause, notification includes publishing a notice on the Department’s website.
For the purpose of determining the flow class that applies on a particular day under subclause (5), the Minister may take into consideration evidence of past and current flows and readings at other functioning upstream and downstream gauges.
On days that accurate flow data is not available, holders of access licences may contact the Department’s office at the addresses listed in Appendix 4 or check the Department’s website to find out what flow class applies on that day.
The flow classes commence in the Year of this Plan specified in Column 3 of Table B.
Only those water sources for which flow classes have been established at the commencement of this Plan are shown in Table B.
Table B—Flow Classes
Column 1 | Column 2 | Column 3 | Column 4 | Column 5 | Column 6 |
Water source | Flow class | Commencement | Flow (ML/ day) or water level (m AHD) | Reference point | Day on which flow class applies |
Aberfoyle River Water Source | Very Low Flow Class | Year 1 of this Plan | No visible flow | Aberfoyle River at Aberfoyle gauge (204030) | Same day |
A Class | Visible flow | ||||
Acacia Creek Water Source | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 1 ML/day | Upper Acacia Creek at the staff gauge at Killarney Road | Same day |
A Class | More than 1 ML/day | ||||
Alumy Creek Water Source | Very Low Flow Class | Year 1 of this Plan | 0.1 m AHD or less | Staff gauge at Experimental Farms Lane | Same day |
A Class | More than 0.1 m AHD | ||||
Bielsdown River Water Source | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 23 ML/day | Bielsdown River at Charlestead gauge (204071) | Same day |
A Class | More than 23 ML/day | ||||
Blicks River Water Source | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 32 ML/day | Bielsdown River at Charlestead gauge (204071) | Same day |
A Class | More than 32 ML/day and less than or equal to 179 ML/day | ||||
B Class | More than 179 ML/day | ||||
Bookookoorara Creek Water Source | Very Low Flow Class | Year 1 of this Plan | 0.281 m AHD or less | Staff gauge at Wallaroo Ridge Road | Same day |
A Class | More than 0.281 m AHD | ||||
Boyd River Water Source | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 5 ML/day | Boyd River at Broadmeadows gauge (204015) | Same day |
A Class | More than 5 ML/day | ||||
Very Low Flow Class | Year 6 of this Plan | Less than or equal to 16 ML/day | |||
A Class | More than 16 ML/day | ||||
Cataract River Water Source | Very Low Flow Class | Year 1 of this Plan | Less than or equal 1 ML/day | Cataract Creek at Sandy Hill (below Snake Creek) gauge (204036) | Same day |
A Class | More than 1ML/day | ||||
Clarence Tidal Pool Water Source | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 86 ML/day | Clarence River at Lilydale (Newbold crossing) gauge (204007) | Same day |
A Class | More than 86 ML/day | ||||
Copmanhurst-Lower Mid Clarence Water Source | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 86 ML/day | Clarence River at Lilydale (Newbold crossing) gauge (204007) | Same day |
A Class | More than 86 ML/day and Less than or equal to 2,891 ML/day | ||||
C Class | More than 2,891 ML/day | ||||
Very Low Flow Class | Year 6 of this Plan | Less than or equal to 125 ML/day | |||
A Class | More than 125 ML/day and Less than or equal to 2,891 ML/day | ||||
C Class | More than 2,891ML/day | ||||
Guy Fawkes River Water Source | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 7 ML/day | Guy Fawkes River at Ebor gauge (204008) | Same day |
A Class | More than 7 ML/day | ||||
Henry River Water Source | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 1 ML/day | Henry River at Newton Boyd gauge (204034) | Same day |
A Class | More than 1 ML/day | ||||
Lower Mann River Water Source | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 44 ML/day | Mann River at Jackadgery gauge (204004) | Same day |
A Class | More than 44 and less than or equal to 1,461 ML/day | ||||
C Class | More than 1,461 ML/day | ||||
Very Low Flow Class | Year 6 of this Plan | Less than or equal to 64 ML/day | |||
A Class | More than 64 and less than or equal to 1,461ML/day | ||||
C Class | More than 1,461 ML/day | ||||
Lower Nymboida River Water Source | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 44 ML/day | Mann River at Jackadgery gauge (204004) | Same day |
A Class | More than 44 ML/day | ||||
Very Low Flow Class | Year 6 of this Plan | Less than or equal to 64 ML/day | |||
A Class | More than 64 ML/day | ||||
Lower Orara River Water Source | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 10 ML/day | Orara River at Glenreagh gauge (204906) | Same day |
A Class | More than 10 ML/day and less than or equal to 189 ML/day | ||||
C Class | More than 189 ML/day | ||||
Lower Timbarra River Water Source | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 31 ML/day | Timbarra River at Drake gauge (204046) | Same day |
A Class | More than 31 ML/day | ||||
Maryland River Water Source | Very Low Flow Class | Year 1 of this Plan | Visible flow | Maryland River downstream of Wylie crossing gauge (204039) | Same day |
A Class | More than visible flow and less than 6 ML/day | ||||
B Class | More than 6 ML/day | ||||
Mid Mann River Water Source | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 5 ML/day | Mann River at Mitchell gauge (204014) | Same day |
A Class | More than 5 ML/day | ||||
Very Low Flow Class | Year 7 of this Plan | Less than or equal to 11 ML/day | |||
A Class | More than 11 ML/day | ||||
Mid Nymboida River Water Source | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 142 ML/day | Nymboida River at Nymboida gauge (204001) | Same day |
A Class | More than 142 ML/day | ||||
Very Low Flow Class | Year 6 of this Plan | Less than or equal to 185 ML/day | |||
A Class | More than 185 ML/day | ||||
Mid Orara River Water Source | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 10 ML/day | Orara River at Glenreagh gauge (204906) | Same day |
A Class | More than 10 and less than or equal to 189 ML/day | ||||
C Class | More than 189 ML/day | ||||
Paddys Flat-Upper Clarence Water Source | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 1 ML/day | Clarence River at Tabulam gauge (204002) | Same day |
A Class | More than 1 ML/day and less than or equal to 527 ML/day | ||||
C Class | More than 527 ML/day | ||||
Very Low Flow Class | Year 6 of this Plan | Less than or equal to 4 ML/day | |||
A Class | More than 4 and less than or equal to 527 ML/day | ||||
C Class | More than 527 ML/day | ||||
Peacock Creek Water Source | Very Low Flow Class | Year 1 of this Plan | No visible flow | Peacock Creek at Bonalbo gauge (204043) | Same day |
A Class | More than visible flow and less than or equal to 4.28 ML/day | ||||
C Class | More than 4.28 ML/day | ||||
Swan Creek Water Source | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 0.0 metres | The Avenue staff gauge | Same day |
A Class | More than 0.0 metres | ||||
The Gorges-Upper Mid Clarence Water Source | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 41 ML/day | Clarence River at Baryulgil gauge (204900) | Same day |
A Class | More than 41 ML/day | ||||
Very Low Flow Class | Year 8 of this Plan | Less than or equal to 83 ML/day | |||
A Class | More than 83 ML/day | ||||
Tooloom Creek Water Source | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 1 ML/day | Clarence River at Tabulam gauge (204002) | Same day |
A Class | More than 1 ML/day and less than or equal to 527 ML/day | ||||
C Class | More than 527 ML/day | ||||
Very Low Flow Class | Year 6 of this Plan | Less than or equal to 17.8 ML/day | Same day | ||
A Class | More than 17.8 ML/day and less than or equal to 527 ML/day | ||||
C Class | More than 527 ML/day | ||||
Upper Mann River Water Source | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 3 ML/day | Mann River at Shannon Vale gauge (204031) | Same day |
A Class | More than 3 ML/day | ||||
Upper Nymboida River Water Source | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 32 ML/day | Bielsdown River at Charlstead gauge (204071) | Same day |
A Class | More than 32 ML/day | ||||
Upper Orara River Water Source | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 8 ML/day | Orara River at Orange Grove gauge (204068) | Same day |
A Class | More than 8 ML/day and less than or equal to 77 ML/day | ||||
B Class | More than 77 ML/day | ||||
Upper Timbarra River Water Source | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 13 ML/day | Timbarra River at Billyrimba gauge (204033) | Same day |
A Class | More than 13 ML/day | ||||
Washpool Creek Water Source | Very Low Flow Class | Year 1 of this Plan | No visible flow | Lionsville Road crossing | Same day |
A Class | Visible flow | ||||
Very Low Flow Class | Year 6 of this Plan | Less than or equal to 4 ML/day | |||
A Class | More than 4 ML/day | ||||
Wild Cattle Creek Water Source | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 45 ML/day | Bielsdown River at Charlstead gauge (204071) | Same day |
A Class | More than 45 ML/day |
1 The flow percentiles below refer to critical month flows (November) at the gauge and include all days of record:
a For the Clarence River at Lilydale (Newbold crossing) gauge (204007):
• 86 ML/day corresponds to the estimated 97th percentile flow, and
• 125 ML/day corresponds to the estimated 95th percentile flow, and
• 2,891 ML/day corresponds to the estimated 30th percentile flow,
b For the Mann River at Jackadgery (204004) gauge:
• 44 ML/day corresponds to the 98th percentile flow, and
• 64 ML/day corresponds to the 95th percentile flow, and
• 1,461 ML/day corresponds to the 30th percentile flow,
c For the Orara River at Glenreagh gauge (204906):
• 10 ML/day corresponds to the 93rd percentile flow, and
• 189 ML/day corresponds to the 30th percentile flow,
d For the Orara River at Orange Grove gauge (204068):
• 8 ML/day corresponds to the estimated 95th percentile flow, and
• 77 ML/day corresponds to the estimated 50th percentile flow.
2 The flow percentiles below refer to critical month flows (December) at the gauge and include all days of record.
a For the Clarence River at Tabulam gauge (204002):
• 1 ML/day corresponds to the estimated 95th percentile flow, and
• 527 ML/day corresponds to the estimated 30th percentile flow,
b For the Bielsdown River at Charlstead gauge (204071):
• 32 ML/day corresponds to the estimated 98th percentile flow, and
• 45 ML/day corresponds to the estimated 95th percentile flow, and
• 179 ML/day corresponds to the estimated 50th percentile flow,
c For the Boyd River at Broadmeadows gauge (204015):
• 5 ML/day corresponds to the estimated 98th percentile flow, and
• 16 ML/day corresponds to the estimated 95th percentile flow,
d For the Cataract Creek at Sandy Hill gauge (204036); 1 ML/day corresponds to the estimated 95th percentile flow,
e For the Guy Fawkes River at Ebor gauge (204008); 7 ML/day corresponds to the estimated 95th percentile flow,
f For the Henry River at Newton Boyd gauge (204034); 1 ML/day corresponds to the estimated 95th percentile flow,
g For the Timbarra River at Drake gauge (204046), 31 ML/day corresponds to the estimated 95th percentile flow,
h For the Maryland River downstream of Wylie Crossing gauge (204039), 6 ML/day corresponds to the estimated 50th percentile flow,
i For the Peacock Creek at Bonalbo gauge (204043), 4.28 ML/day corresponds to the estimated 30th percentile flow,
j For the Mann River at Mitchell gauge (204014):
• 5 ML/day corresponds to the estimated 98th percentile flow, and
• 11 ML/day corresponds to the estimated 90th percentile flow,
k For the Nymboida River at Nymboida gauge (204001):
• 142 ML/day corresponds to the estimated 98th percentile flow, and
• 185 ML/day corresponds to the estimated 95th percentile flow,
l For the Clarence River at Baryulgil gauge (204900):
• 41 ML/day corresponds to the estimated 97th percentile flow, and
• 83 ML/day corresponds to the estimated 95th percentile flow,
m For the Mann River at Shannon Vale gauge (204031); 3 ML/day corresponds to the estimated 95th percentile flow,
n For the Timbarra River at Billyrimba gauge (204033) 13 ML/day corresponds to the estimated 95th percentile flow.
(g) establish or assign TDELs in these water sources or management zones following the imposition of an adaptive environmental water condition on an access licence that requires the water to be left in the water source or management zone for environmental purposes,
(h) establish or assign TDELs in these water sources or management zones to protect a proportion of flow within each flow class for the environment,
(i) amend or remove TDELs if TDELs have been established or assigned,
(j) include rules for the establishment, assignment and removal of IDELs,
(k) remove the existing access rules where TDELs and/or IDELs have been established under paragraphs (h) or (j) to protect a proportion of flow within each flow class for the environment,
(l) reinstate access rules that applied at the commencement of this Plan, where TDELs and IDELs have been removed under paragraphs (i) and (j),
(m) amend existing flow classes, establish new or additional flow classes or amend the flow reference point in order to establish TDELs and IDELs.
Part 9 may be amended to do any of the following:
(a) amend clause 49 to specify water sources where water supply work approvals must not be granted or amended to authorise in-river dams on third or higher order streams,
(b) add, remove or modify a restricted distance specified in:
(i) clause 51 after Year 5 of this Plan, or
(ii) clause 53 based on the outcomes of further studies of groundwater-dependent ecosystems that are to the Minister’s satisfaction,
(c) amend the definition of a replacement groundwater work in clause 56,
(d) amend clause 57 to impose further restrictions on the rate and timing of extraction of water to mitigate impacts,
(e) amend the GDE map.
Part 11 may be amended to do any of the following:
(a) amend the rules in relation to record keeping including in relation to requirements for Logbooks,
(b) amend clause 67 or 68 to specify different standards or requirements for decommissioning water supply works or construction requirements for water supply works.
The Dictionary may be amended to add, modify or remove a definition.
Schedule 1 may be amended to do any of the following:
(a) remove an access licence or Water Act 1912 entitlement specified in Column 1 and the corresponding water source and access rule in Column 2 and Column 3 of the Schedule,
(b) add a new access licence to Column 1 and specify an water source and access rule in Column 2 and Column 3 of the Schedule, if, in the Minister’s opinion:
(i) the cease to take conditions that were specified on the Water Act 1912 entitlement were higher than the access rules specified in clause 45, and
(ii) the access rule to be specified in Column 3 for that access licence is no more restrictive than the cease to take conditions that were specified on the Water Act 1912 entitlement.
Schedule 2 may be amended to do any of the following:
(a) add a new access licence to clause 1 of Schedule 2, provided that a written request has been made to the Minister and the Minister is satisfied that extraction under the access licence is for a purpose listed in clause 45 (25) (a) and that the purpose was specified on, or referred to in the conditions of, the Water Act 1912 entitlement that was replaced by the access licence,
(b) add a local water utility access licence or an access licence of the subcategory “Town water supply” to clause 2 of Schedule 2, provided the Minister is satisfied that the water supply system used to take, store and deliver water has not undergone major augmentation since the commencement of this Plan,
(c) remove an access licence or Water Act 1912 entitlement from clause 1 of Schedule 2 if:
(i) an access licence dealing results in water being taken under the licence from a different location, or
(ii) an alternative water supply is obtained, or
(iii) the access licence is surrendered or cancelled,
(d) remove a local water utility access licence, an access licence of the subcategory “Town water supply” or a Water Act 1912 entitlement from clause 2 of Schedule 2 if:
(i) the Minister is satisfied that the water supply system used to take, store and deliver water has undergone major augmentation since the commencement of this Plan, or
(ii) the access licence is surrendered or cancelled or the purpose ceases to exist.
Schedule 1 or part thereof may be deleted if the Minister is satisfied that it is no longer required.
Schedule 2 or part thereof may be deleted if the Minister is satisfied that it is no longer required.
Schedule 3 may be amended to add or remove a contamination source.
This Plan may be amended to include rules for the following:
(a) 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 underground aquifers under controlled conditions. This water can then be extracted at a later time.
(b) the management of floodplain harvesting within these water sources,
(c) the shepherding of water,
Note— Shepherding is defined in the Dictionary.(d) any new category of access licence established for the purpose of urban stormwater harvesting,
(e) the interception of water before it reaches a stream or aquifer by plantations or other means,
(f) the management of salt interception schemes,
(g) the management of aquifer interference activities, including the granting of aquifer interference approvals.
Consequential amendments may be made to this Plan as a result of an amendment to the Act or regulations.
This Plan may be amended following the granting of a native title claim pursuant to the provisions of the Native Title Act 1993 of the Commonwealth to give effect to an entitlement granted under that claim.
This Plan may be amended to enable this Plan, or any part of this Plan, to be accredited as part or all of a water resource plan under the Water Act 2007 of the Commonwealth.
This Plan may be amended after Year 5 of this Plan to provide rules for the protection of water-dependent Aboriginal cultural assets to do any of the following:
(a) identify water-dependent Aboriginal cultural assets,
(b) amend the access rules to protect water-dependent Aboriginal cultural assets, excluding the Bielsdown River Water Source, the Blicks River Water Source, the Upper Nymboida River Water Source, and the Wild Cattle Creek Water Source,
(c) restrict the granting and amending of water supply work approvals to protect water-dependent Aboriginal cultural assets,
(d) amend the dealing rules to protect water-dependent Aboriginal cultural assets.
Any amendment under subclause (5) will take into account the socio-economic impacts of the proposed change and the environmental water requirements of the water source.
Before making an amendment pursuant to subclause (5) the Minister should consult with relevant Government agencies and stakeholders.
This Plan may be amended to incorporate any water source and any associated rules into this Plan.
Unless otherwise defined in this Plan, words and expressions that are defined in the Act or in the regulations have the same meaning in this Plan.
(a) 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 5.1 of that Act.
Natural drawdown may occur due to seasonal climatic changes. Groundwater pumping may also result in seasonal and long-term drawdown.
(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.
In the Dictionary to the Act, a
(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.
(a) not within a river or stream (regardless of stream size), or
(b) located on a flood-runner or floodplain, or
(c) located on an effluent that only commences to flow during high flows.
The access licences which replace Water Act 1912 entitlements listed in Column 1 of the table below and which have share components that specify the water sources listed in Column 2 of the table below, will have the access rule condition specified in Column 3 imposed as mandatory conditions on all water supply work approvals nominated by those access licences to give effect to clause 45 (4).
Column 1 | Column 2 | Column 3 |
Water Act 1912 entitlements that will be replaced by access licences on commencement of this Plan | Water Source | Access rules |
30SL034341 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL042012 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL042152 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL044835 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL044978 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL045015 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL045379 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL046025 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL046347 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL046513 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL048067 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL048077 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL048085 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL048094 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL048414 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL048464 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL048479 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL048498 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL048906 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL050209 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL050763 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL050773 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL051359 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL051398 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL051507 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL052209 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL065031 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL065036 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL065395 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL065707 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL065725 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL065835 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL065889 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL065909 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL065924 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL066135 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL066919 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL066992 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL066993 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL066997 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL067015 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL067021 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL067022 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL067023 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL067025 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL067076 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL067142 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL067239 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL067250 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL067263 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL067078 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL067047 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 45 ML/day. |
30SL066131 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 62 ML/day. |
30SA001491 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 65 ML/day. |
30SL066182 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 66.8 ML/day. |
30SL049948 | Mid Orara River | Water must not be taken when there is no visible flow in Coldwater Creek over the gravel bed approximately 10 m downstream of the Orara Way road bridge located at the north east boundary of Portion 73 Parish of Gagawa, County Fitzroy. |
30SL051964 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 12 ML/day. |
30SL066243 | Mid Orara River | Water must not be taken when the level of the water stored by the unnamed lagoon is less than or equal to 0.75 m below the benchmark established adjacent to the pump site, for which the particulars are retained at the DPI Water Grafton office. |
30SL031621 | Mid Mann River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 25 ML/day. |
30SL037216 | Swan Creek | Water must not be taken when the height of the water from Glenugie Creek flowing over the crest of weir, approximately 201 m downstream of the confluence Bom Bom Creek, is less than or equal to 50 mm. |
30SL044555 | Swan Creek | Water must not be taken from the waterhole fronting C &W R 29196 Parish of Lanitza County of Clarence, when the water level in the Clarence River is less than or equal to 3.91 m below the level of the bench mark established on a nail on a stump on the left bank of the Glenugie Creek within C &W R 29196 Parish of Lanitza, County of Clarence, the particulars of which are retained at the DPI Water Grafton office. |
30SL039904 | Upper Orara River | Water must not be taken when the flow in Orara River at Karangi gauge (204025) is less than or equal to 5 ML/day. |
30SL045830 | Copmanhurst-Lower Mid Clarence | Water must not be taken when the flow of water passing through the “V” notch weir, the particulars of which are retained at the DPI Water Grafton office, is less than or equal to 10 litres per second. |
30SL049576 | Tooloom Creek | Water must not be taken when there is no visible flow passing through the drop inlet spillway of the Tooloom Creek falls causeway. |
30SL049653 | Tooloom Creek | Water must not be taken when there is no visible flow passing through the drop inlet spillway of the Tooloom Creek falls causeway. |
30SL051013 | Bucca Bucca Creek | Water must not be taken when the flow in the Bucca Bucca Creek is less than or equal to 11 L/second over the “V” notch located downstream of the pump site. |
30SL065674 | Bucca Bucca Creek | Water must not be taken when the flow in the Bucca Bucca Creek is less than or equal to 22 L/second over the “V” notch weir located at Lot 107 DP 1013583 and Lot 151 DP 752834. |
30SL051024 | Deep-Tunglebung Creek | Water must not be taken when there is no visible flow in Tunglebung Creek at Sandilands Bonalbo Road cross adjacent to Portion 203 and TS &CR 53933. |
30SL051135 | Duck Creek | Water must not be taken when there is no visible flow in Bean Creek dip within TS &CR 67330 Parish of Capeen, County of Buller. |
30SL051907 | Bookookoorara Creek | Water must not be taken when the height of the water in the Bookookoorara Creek is less than or equal to 38 mm over the rock bar located approximately 30 m downstream of the road bridge at the north eastern corner of Portion 85, Parish of Bookookoorara, County of Buller, the particulars of which are kept in the DPI Water Grafton office. |
30SL065185 | Koreelah Creek | Water must not be taken when the height of the water in the Koreelah Creek passing through the culvert pipe, which is located near the left bank at the southern boundary of Portion 63, Parish of Acacia, County of Buller, is less than or equal to 25 mm. |
30SL065490 | Koreelah Creek | Water must not be taken when the height of the water of Koreelah Creek passing through the culvert pipe located near the left bank at the western boundary of Portion 19, Parish of Beauty, County of Buller. is less than or equal to 50 mm. |
30SL065312 | Coldstream Creek | Water must not be taken when the salinity level of the water in Chaffin Creek is equal to or greater than 1,500 ppm. |
30SL065789 | Cataract River | Water must not be taken when the height of the water in Boorook Creek passing through the culvert pipes at the road bridge located within portion 234 Parish of Boorook, County Buller, is less than or equal 25 mm. |
30SL065690 | Maryland River | Water must not be taken when the height of the water in Maryland River passing through the culvert pipes over the Rivertree Road near the southern boundary of portion 33, Parish of Reid, County of Buller, is less than or equal to 50 mm. |
30SL066580 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 12 ML/day. |
30SL066670 | Mid Orara River | Water must not be taken when the flow in the Orara River at Glenreagh gauge (204906) is less than or equal to 20 ML/day. |
30SL066723 | Swan Creek | Water must not be taken when the water level is less than or equal to 1.70 m below the bench mark at the top of the culvert pipe through the road crossing, the particulars of which are kept in the DPI Water Grafton office. |
30SL067232 | Paddys Flat Upper Clarence | Water must not be taken when the flow in Clarence River at the Tabulam gauge (204002) is less than or equal to 10 ML/day. |
30SL067242 | Paddys Flat Upper Clarence | Water must not be taken when the flow in Clarence River at the Tabulam gauge (204002) is less than or equal to 10 ML/day. |
This clause applies to each access licence which replaces a Water Act 1912 entitlement listed in the table below.
Water Act 1912 entitlements that will be replaced by access licences on commencement of this Plan |
30AW000043 |
30SL052239 |
30SL066729 |
30SL066675 |
30SL036224 |
30SL022940 |
30SL066213 |
30SL066205 |
30SA002074 |
30SL066456 |
30SL066415 |
30SL065783 |
30SL065413 |
30SL066292 |
30SL066723 |
30SL021107 |
30SL052205 |
30SL039851 |
30SL066307 |
30SL066513 |
30SL043653 |
30SL066204 |
30SL066289 |
This clause applies to each access licence which replaces a Water Act 1912 entitlement listed in the table below.
Water Act 1912 entitlements that will be replaced by local water utility access licences or access licences of the subcategory “Town water supply” on commencement of this Plan |
30SL23858 |
30SL051964 |
30SL045601 |
30SL029902 |
30SL037348 |
30SL046645 |
30SL031571 |
30SL066010 |
30SL028758 |
30SL026599 |
30SL066070 |
30SL034526 |
30SL039904 |
30SL051671 |
30SL047059 |
Contamination sources in these water sources comprise the following:
(a) on-site sewage disposal systems or septic tanks,
(b) any sites which have been declared to be significantly contaminated land under the Contaminated Land Management Act 1997, and
(c) any sites that are or have 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.
Copies of the Plan Map may be inspected at the following offices:
• DPI Water
10 Valentine Ave
PARRAMATTA NSW 2150
• DPI Water
49 Victoria St
GRAFTON NSW 2460
• DPI Water
24 Gordon St
COFFS HARBOUR NSW 2450
Any notifications that may be required to be made to the Minister, as specified in this Plan can be made to the following offices:
• DPI Water
49 Victoria St
GRAFTON NSW 2460
• DPI Water
24 Gordon St
COFFS HARBOUR NSW 2450
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