Water Sharing Plan for the Clyde 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 Clyde 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 Clyde River Unregulated and Alluvial Water Sources (
(a) Berrara Creek Water Source,
(b) Bimberamala River Water Source,
(c) Boyne Creek Water Source,
(d) Buckenbowra River Water Source,
(e) Burrill Lake Water Source,
(f) Candlagan Creek Water Source,
(g) Clyde Estuary Tributaries Water Source,
(h) Cockwhy Creek Water Source,
(i) Conjola Creek Water Source,
(j) Conjola Lake Water Source,
(k) Currambene Creek Water Source,
(l) Currowan Creek Water Source,
(m) Cyne Mallowes Creek Water Source,
(n) Durras Lake Water Source,
(o) Holland Creek Water Source,
(p) Kioloa Water Source,
(q) Meroo Lake Water Source,
(r) Mid Clyde River Water Source,
(s) Moona Moona Creek Water Source,
(t) Narrawallee Inlet Water Source,
(u) Nelligen Creek Water Source,
(v) Nerrindillah Creek Water Source,
(w) North Jervis Bay Water Source,
(x) Pigeon House Creek Water Source,
(y) South Jervis Bay Water Source,
(z) St Georges Basin Water Source,
(aa) Swan Lake Water Source,
(ab) Tabourie Lake Water Source,
(ac) Termeil Lake Water Source,
(ad) Tomaga River Water Source,
(ae) Upper Clyde River Water Source,
(af) Wandandian Creek Water Source,
(ag) Willinga Lake Water Source,
(ah) Wollumboola Lake Water Source,
(ai) Yadboro River Water Source.
The South East 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 (WSP028_Version 1), Water Sharing Plan for the Clyde 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 (4), these water sources include all water:
(a) occurring naturally on the surface of the ground within the boundaries of these water sources shown on the Plan Map, and
(b) in rivers, lakes and wetlands within the boundaries of these 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 water sources (
these alluvial sediments ) shown on the Plan Map.
These water sources do not include water:
(a) contained in any fractured rock or porous rock, and
Note— Fractured rock andporous rock are defined in the Dictionary.(b) contained in all sand formations below the surface of the ground within the boundary of the South East Coastal Sands Groundwater Source shown on the Plan Map in the Water Sharing Plan for the South Coast Groundwater Sources 2016, as amended or replaced from time to time, or
(c) occurring in rivers, lakes estuaries and wetlands downstream of the mangrove limit.
Note— Mangrove limit is defined in the Dictionary.
This Plan establishes the following extraction management units (
(a) Buckenbowra River EMU, which applies to the water sources specified in item (a) of Column 2 of Table A,
(b) Clyde Coastal EMU, which applies to the water sources specified in item (b) of Column 2 of Table A,
(c) Clyde River EMU, which applies to the water sources specified in item (c) of 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 EMU on a long-term average annual basis.
Table A—Extraction management units
Column 1—Extraction management unit | Column 2—Water sources | |
(a) | Buckenbowra River Extraction Management Unit | Buckenbowra River Water Source |
(b) | Clyde Coastal Extraction Management Unit | Berrara Creek Water Source Burrill Lake Water Source Candlagan Creek Water Source Conjola Creek Water Source Conjola Lake Water Source Currambene Creek Water Source Durras Lake Water Source Kioloa Water Source Meroo Lake Water Source Moona Moona Creek Water Source Narrawallee Inlet Water Source Nerrindillah Creek Water Source North Jervis Bay Water Source South Jervis Bay Water Source St Georges Basin Water Source Swan Lake Water Source Tabourie Lake Water Source Termeil Lake Water Source Tomaga River Water Source Wandandian Creek Water Source Willinga Lake Water Source Wollumboola Lake Water Source |
(c) | Clyde River Extraction Management Unit | Bimberamala River Water Source Boyne Creek Water Source Clyde Estuary Tributaries Water Source Cockwhy Creek Water Source Currowan Creek Water Source Cyne Mallowes Creek Water Source Holland Creek Water Source Mid Clyde River Water Source Nelligen Creek Water Source Pigeon House Creek Water Source Upper Clyde River Water Source Yadboro 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 meaning 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 and enhance the important river flow dependent and high priority groundwater-dependent ecosystems of these water sources, and
Note— Groundwater-dependent ecosystems is defined in the Dictionary.(b) protect, preserve, maintain and 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) 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 within 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 outcomes 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 in reaching the objectives of this Plan:
(a) change in low flow regime,
(b) change in moderate to high flow regime,
(c) change in surface water and groundwater extraction relative to the long-term average annual extraction limits,
(d) change in water quality in these water sources,
(e) 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 the Aboriginal, cultural and heritage values of these water sources.
This Plan establishes a bulk access regime for the extraction of water under access licences in these water sources, having regard to:
(a) the environmental water rules established 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 on 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 in 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 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.
Note— Other statutory tools are available to manage for climatic variability within a water source, for example, temporary water restrictions under section 324 of the Act.
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 the 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 in these water sources that results from the access rules specified in Division 2 of Part 8 of this Plan,
Note— The rules in Division 2 of Part 8 of this Plan for these water sources set flow rates or flow levels below which the taking of water is not permitted. Some limited exemptions apply.
(b) it is the long-term average annual commitment of water as planned environmental water in these 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,
(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.
The planned environmental water established under subclause (1) (a) is maintained in these water sources by the rules specified in Division 2 of Part 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 237 megalitres per year (
(a) 0 ML/year in the Berrara Creek Water Source,
(b) 4 ML/year in the Bimberamala River Water Source,
(c) 9 ML/year in the Boyne Creek Water Source,
(d) 43 ML/year in the Buckenbowra River Water Source,
(e) 15 ML/year in the Burrill Lake Water Source,
(f) 0 ML/year in the Candlagan Creek Water Source,
(g) 0 ML/year in the Clyde Estuary Tributaries Water Source,
(h) 8 ML/year in the Cockwhy Creek Water Source,
(i) 9 ML/year in the Conjola Creek Water Source,
(j) 0 ML/year in the Conjola Lake Water Source,
(k) 21 ML/year in the Currambene Creek Water Source,
(l) 0 ML/year in the Currowan Creek Water Source,
(m) 0 ML/year in the Cyne Mallowes Creek Water Source,
(n) 1 ML/year in the Durras Lake Water Source,
(o) 1 ML/year in the Holland Creek Water Source,
(p) 0 ML/year in the Kioloa Water Source,
(q) 3 ML/year in the Meroo Lake Water Source,
(r) 14 ML/year in the Mid Clyde River Water Source,
(s) 1 ML/year in the Moona Moona Creek Water Source,
(t) 48 ML/year in the Narrawallee Inlet Water Source,
(u) 1 ML/year in the Nelligen Creek Water Source,
(v) 1 ML/year in the Nerrindillah Creek Water Source,
(w) 0 ML/year in the North Jervis Bay Water Source,
(x) 0 ML/year in the Pigeon House Creek Water Source,
(y) 0 ML/year in the South Jervis Bay Water Source,
(z) 7 ML/year in the St Georges Basin Water Source,
(aa) 0 ML/year in the Swan Lake Water Source,
(ab) 5 ML/year in the Tabourie Lake Water Source,
(ac) 4 ML/year in the Termeil Lake Water Source,
(ad) 6 ML/year in the Tomaga River Water Source,
(ae) 9 ML/year in the Upper Clyde River Water Source,
(af) 24 ML/year in the Wandandian Creek Water Source,
(ag) 0 ML/year in the Willinga Lake Water Source,
(ah) 0 ML/year in the Wollumboola Lake Water Source,
(ai) 3 ML/year in the Yadboro 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.
At the commencement of this Plan, there are no native title rights in these water sources. Therefore the water requirements for native title rights are 0 ML/year.
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 38 ML/year, distributed as follows:
(a) 11 ML/year in the Burrill Lake Water Source,
(b) 1.5 ML/year in the Candlagan Creek Water Source,
(c) 5 ML/year in the Currambene Creek Water Source,
(d) 11 ML/year in the Narrawallee Inlet Water Source,
(e) 9.5 ML/year in the Tomaga River Water Source,
(f) 0 ML/year in all other water sources.
It is estimated that at the time of commencement of this Plan the share components of local water utility access licences authorised to take water from these water sources total 2,384 ML/year, distributed as follows:
(a) 1,384 ML/year in the Buckenbowra River Water Source,
(b) 1,000 ML/year in the Pigeon House Creek Water Source,
(c) 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 1,040.5 unit shares, distributed as follows:
(a) 179 unit shares in the Burrill Lake Water Source,
(b) 36 unit shares in the Clyde Estuary Tributaries Water Source,
(c) 10 unit shares in the Cockwhy Creek Water Source,
(d) 62 unit shares in the Conjola Creek Water Source,
(e) 7 unit shares in the Conjola Lake Water Source,
(f) 89 unit shares in the Currambene Creek Water Source,
(g) 4 unit shares in the Meroo Lake Water Source,
(h) 252 unit shares in the Mid Clyde River Water Source,
(i) 207 unit shares in the Narrawallee Inlet Water Source,
(j) 5 unit shares in the South Jervis Bay Water Source,
(k) 14.5 unit shares in the St Georges Basin Water Source,
(l) 7 unit shares in the Swan Lake Water Source,
(m) 36 unit shares in the Tomaga River Water Source,
(n) 4 unit shares in the Upper Clyde River Water Source,
(o) 128 unit shares in the Wandandian Creek Water Source,
(p) 0 unit shares in all other water sources.
It is estimated that at the time of commencement of this Plan the share components of aquifer access licences authorised to take water from these water sources total 31 unit shares, distributed as follows:
(a) 5 unit shares in the Candlagan Creek Water Source,
(b) 5 unit shares in the Cockwhy Creek Water Source,
(c) 6 unit shares in the Narrawallee Inlet Water Source,
(d) 5 unit shares in the Tomaga River Water Source,
(e) 10 unit shares in the Willinga Lake Water Source,
(f) 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 the long-term average annual extraction limits for the EMUs.
The long-term average annual extraction limit for each of the EMUs is the sum of:
(a) the share components of all access licences in the respective EMU, plus
(b) the annual water requirements pursuant to domestic and stock rights and native title rights in the respective EMU.
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 licences, and
(b) pursuant to domestic and stock rights and native title rights,
must be calculated for each of the EMUs.
An assessment of average annual extractions against the long-term average annual extraction limit is to be conducted for each of the EMUs 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 27 for each of the EMUs against the average of the annual extractions in the preceding three water years as calculated under clause 28 for the EMU.
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 29 demonstrates that the average of the annual extractions in any EMU over the preceding three water years has exceeded the long-term average annual extraction limit established under clause 27 for that EMU by 5% or more, then available water determinations for unregulated river access licences and aquifer access licences in the respective EMU 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 long-term average annual extractions in the respective EMU to the long-term average annual extraction limit for the EMUs 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 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 ML/year, or
(b) 1 megalitre (
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 water sources.
In making available water determinations for domestic and stock access licences, the Minister should consider the rules in this clause.
At the commencement of this Plan, an available water determination of 200% of the access licence share component should be made for domestic and stock access licences with a share component that specifies one of these water sources.
At the commencement of each water year after the first water year in which this Plan has effect, an available water determination of 100% of the access licence share component, should be made for domestic and stock access licences with a share component that specifies one of these water sources.
In making available water determinations for local water utility access licences, the Minister should consider the rules in this clause.
At the commencement of this Plan, an available water determination of 200% of the access licence share component should be made for local water utility access licences with a share component that specifies one of these water sources.
At the commencement of each water year after the first water year in which this Plan has effect, an available water determination of 100% of the access licence share component, should be made for local water utility access licences with a share component that specifies one of these water sources.
In making available water determinations for unregulated river access licences, the Minister should consider the rules in this clause.
At the commencement of this Plan, an available water determination of 2 ML per unit of share component should be made for unregulated river access licences with a share component that specifies one of these water sources.
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 unregulated river access licences with a share component that specifies one of these water sources.
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 EMUs has been assessed to have been exceeded, as per clauses 29 and 30.
In making available water determinations for aquifer access licences, the Minister should consider the rules in this clause.
At the commencement of this Plan, an available water determination of 2 ML per unit of share component should be made for aquifer access licences with a share component that specifies one of these water sources.
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 one of these water sources.
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 that EMU has been assessed to have been exceeded, as per clauses 29 and 30.
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 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.
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.
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 of this Plan 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 water sources.
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 the sum of:
(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 the access licence share component for access licences with share components expressed as a number of unit shares.
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 flow 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), a flow class applies in the respective water source on the day specified in Column 6 of Table B when the flow (ML/day) as measured at the flow reference point specified in Column 5 of Table B is equal to the flow specified in Column 4 of Table B.
If, in the Minister’s opinion, accurate flow data is not available on any 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 holder 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 (4), 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 Bega and Nowra offices at the addresses listed in Appendix 2 or check the Department’s website to find out what flow class applies on that day.
The flow classes commence in the year specified in Column 3 of Table B.
For the purposes of this Plan:
(a) Year 1 of this Plan means from 1 July 2016 to 30 June 2017,(b) Year 6 of this Plan means from 1 July 2021 to 30 June 2022.
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) | Flow reference point | Day on which flow class applies |
Mid Clyde River Water Source, Upper Clyde River Water Source, Cockwhy Creek Water Source |
Very Low Flow Class | Year 1 of this Plan | Less than or equal to 2 ML/day | Clyde River at Brooman gauge (216002) | Same day | |
A Class | More than 2 ML/day | ||||
Currambene Creek Water Source | Very Low Flow Class | Year 1 of the Plan | Less than or equal to 0.5 ML/day | Currambene Creek at Falls Creek gauge (216004) | Same day |
A Class | More than 0.5 ML/day |
The flow percentiles below refer to flows at the gauge and include all days of record.
1 For the Clyde River at Brooman gauge (216002), 2 ML/day corresponds to the estimated 98th percentile flow.
2 For Currambene Creek at the Falls Creek gauge (216004), 0.5 ML/day corresponds to the estimated 80th percentile flow.
This clause applies to the taking of water under an access licence from these water sources, excluding the taking of water under an access licence:
(a) used in association with an aquifer interference activity that is an approved EPA Act development when:
(i) in the Minister’s opinion, there are no reasonably practicable measures the access licence holder can take to comply with the access rules under this clause, and
(ii) the access licence holder has a water management plan for the aquifer interference activity that has been approved in accordance with the development consent for the activity under the Environmental Planning and Assessment Act 1979, and
(iii) the water management plan includes conditions that require the return of water to the water source to mitigate the taking of water during times when the access rules apply under this clause, or
(b) used in association with an aquifer interference activity when:
(i) in the Minister’s opinion, there are no reasonably practicable measures the access licence holder can take to comply with the access rules under this clause, and
(ii) the access licence holder has a water management plan for the aquifer interference activity that has been approved by the Minister, and
(iii) the water management plan includes conditions that require the return of water to the water source to mitigate the taking of water during times when the access rules apply under this clause,
(c) from these alluvial sediments.
Subject to subclause (15), water must not be taken under an access licence with a share component that specifies a water source with a Very Low Flow Class that has commenced, when flows in that water source are in the Very Low Flow Class. This subclause does not apply to the taking of water:
(a) from an off-river pool, or
(b) under an unregulated river access licence to which Column 1 of Schedule 1 applies.
Water must not be taken under an access licence specified in Column 1 of the table in Schedule 1, with a share component that specifies the water source in Column 2 of the table in Schedule 1, in contradiction of the access rules specified in Column 3 of the table in Schedule 1.
The cease to take condition that arises from subclause (3) only applies to water supply works that were nominated by the access licence at the commencement of this Plan.
The cease to take condition that arises from subclause (3) will apply to a water supply work nominated by an access licence that is granted as a result of a subdivision of the original access licence under section 71P (1) (a) of the Act, if that water supply work was nominated by the original access licence at the commencement of this Plan. For the purposes of this subclause, the original access licence will include the replacement access licence arising from the Water Act 1912 entitlement together with any subsequent access licences that may arise from future subdivisions of those licences.
Subject to subclause (15), water must not be taken under an access licence when there is no visible flow at the location at which water is proposed to be taken. This subclause does not apply to the taking of water:
(a) from an in-river pool, or
(b) from an off-river pool, or
(c) under an access licence listed in Column 1 of Schedule 1.
Water must not be taken under a local water utility access licence with a share component that specifies the Buckenbowra River Water Source when flows are less than or equal to 3 ML/day at the Buckenbowra River at Buckenbowra No 3 gauge (216009).
Water must not be taken under an access licence specified in Column 1 of the table in Schedule 2, with a share component that specifies the water source in Column 2 of Schedule 2, in contradiction of the access rule specified in Column 3 of the table in Schedule 2.
Those former Water Act 1912 entitlements and the cease to take conditions that have been identified as being higher than the upper limit of the relevant Very Low Flow Class or the access rules specified in subclauses (2), (6), (11) and (12) are listed in Schedule 2.
The cease to take condition that arises from subclause (8) only applies to water supply works that were nominated by the access licence at the commencement of this Plan.
The cease to take condition that arises from subclause (8) will apply to a water supply work nominated by an access licence that is granted as a result of a subdivision of the original access licence under section 71P (1) (a) of the Act, if that water supply work was nominated by the original access licence at the commencement of this Plan. For the purposes of this subclause, the original access licence will include the replacement access licence arising from the Water Act 1912 entitlement together with any subsequent access licences that may arise from future subdivisions of those licences.
Subject to subclause (15), water must not be taken under an access licence from an off-river pool when the volume of water in that pool is less than the full capacity of the pool.
Subject to subclause (15), in water sources where flow classes have not commenced, water must not be taken under an access licence from an in-river pool when the volume of water in that pool is less than the full capacity of the pool.
Water must not be taken under an access licence from:
(a) an in-river dam pool, or
(b) a runoff harvesting dam pool
created by a structure authorised by a water supply work approval, when flows or storage levels in that pool are at or less than a cease to take condition that was specified on the Water Act 1912 entitlement that the access licence replaces.
Water must not be taken from an in-river dam pool unless the in-river dam is:
(a) constructed, operated and maintained in accordance with any conditions specified on the water supply work approval for the in-river dam, and
(b) passing such flows in such circumstances as are specified on the water supply work approval for the in-river dam.
Subclauses (2), (6), (11) and (12) do not apply to the following:
(a) the taking of water under an access licence or an access licence which replaces a Water Act 1912 entitlement to which clause 1 of Schedule 3 applies, for any of the purposes listed below, provided that the volume of water taken does not exceed 20 kilolitres per day per access licence or such lower amount specified in accordance with subclause (16):
(i) fruit washing,
(ii) cleaning of dairy plant and equipment for the purpose of hygiene,
(iii) poultry watering and misting,
(iv) cleaning of enclosures used for intensive animal production for hygiene purposes,
(b) the taking of water for domestic consumption only under a domestic and stock access licence or a domestic and stock (subcategory “domestic”) access licence that existed at the commencement of this Plan, provided that the volume of water taken does not exceed 1 kilolitre per house supplied by the access licence per day,
(c) the taking of water for stock watering only under a domestic and stock access licence or a domestic and stock (subcategory “stock”) access licence that existed at the commencement of this Plan, for the first three years of this Plan, provided that the volume of water taken does not exceed 14 litres per hectare of grazeable area per day,
Note— Grazeable area is defined in the Dictionary.(d) the taking of water using a runoff harvesting dam or from an in-river dam pool,
(e) the taking of water under a local water utility access licence or an access licence of the subcategory “Town water supply” to which clause 2 of Schedule 3 applies,
(f) the taking of water under an access licence to which Schedule 2 applies.
The Minister may reduce the maximum daily volume limit imposed by the rule under subclause (15) (a) if the Minister is satisfied that the reduced volume is satisfactory to meet the relevant purpose referred to in that subclause.
The method by which the Minister can reduce the maximum daily volume limit is by amending the mandatory conditions of the relevant water supply work approval. Under section 102 (3) of the Act, the mandatory conditions of an approval may be imposed, amended, revoked or suspended by the Minister whenever it is necessary to do so in order to enable compliance with or to give effect to a relevant management plan.
The rules in this clause apply to the taking of water under an access licence from these alluvial sediments. This clause does not apply to the taking of water:
(a) using a water supply work that is located more than 40 metres from the top of the high bank of a river, or
(b) under an access licence used only to account for the taking of water in association with an aquifer interference activity for an approved EP& Act development when:
(i) in the Minister’s opinion, there are no reasonably practicable measures the access licence holder can take to comply with the access rules under this clause, and
(ii) the access licence holder has a water management plan for the aquifer interference activity that has been approved in accordance with the development consent for the activity under the Environmental Planning and Assessment Act 1979, and
(iii) the water management plan includes conditions that require the return of water to the water source to mitigate the taking of water during times when the access rules apply under this clause, or
(c) under an access licence used only to account for the taking of water in association with an aquifer interference activity when:
(i) in the Minister’s opinion, there are no reasonably practicable measures the access licence holder can take to comply with the access rules under this clause, and
(ii) the access licence holder has a water management plan for the aquifer interference activity that has been approved by the Minister, and
(iii) the water management plan includes conditions that require the return of water to the water source to mitigate the taking of water during times when the access rules apply under this clause.
Subject to subclause (6), water must not be taken under the following access licences with a share component that specifies a water source with a Very Low Flow Class that has commenced, when flows in that water source are in the Very Low Flow Class:
(a) an aquifer access licence that has arisen from a conversion from an unregulated river access licence,
(b) an access licence, other than an aquifer access licence, that nominates a water supply work that is capable of being used to take water from these alluvial sediments.
Subject to subclause (6), water must not be taken under the following access licences when there is no visible flow in the river immediately adjacent to the water supply work from which the water is proposed to be taken:
(a) an aquifer access licence that has arisen from a conversion from an unregulated river access licence,
(b) an access licence, other than an aquifer access licence, that nominates a water supply work that is capable of being used to take water from these alluvial sediments.
Subject to subclause (6), from Year 6 of this Plan water must not be taken under an access licence with a share component that specifies a water source with a Very Low Flow Class that has commenced, when flows in that water source are in the Very Low Flow Class. This subclause does not apply to:
(a) an aquifer access licence that has arisen from a conversion from an unregulated access licence,
(b) an access licence, other than an aquifer access licence, that nominates a water supply work that is capable of being used to take water from these alluvial sediments.
Subject to subclause (6), from Year 6 of this Plan water must not be taken under an access licence when there is no visible flow in the river immediately adjacent to the water supply work from which the water is proposed to be taken. This subclause does not apply to:
(a) an aquifer access licence that has arisen from a conversion from an unregulated access licence,
(b) an access licence, other than an aquifer access licence, that nominates a water supply work that is capable of being used to take water from these alluvial sediments.
Subclauses (2)–(5) do not apply to the following:
(a) the taking of water under an access licence to which clause 1 of Schedule 4 applies, for any of the purposes listed below, provided that the volume of water taken does not exceed 20 kilolitres per day per access licence, or such lower amount specified on the access licence in accordance with subclause (7):
(i) fruit washing,
(ii) cleaning of dairy plant and equipment for the purpose of hygiene,
(iii) poultry watering and misting,
(iv) cleaning of enclosures used for intensive animal production for the purposes of hygiene,
(b) the taking of water for domestic consumption only under a domestic and stock access licence or a domestic and stock (subcategory “domestic”) access licence that existed at the commencement of this Plan, provided that the volume of water taken does not exceed 1 kilolitre per house supplied by the access licence per day,
(c) the taking of water for stock watering only under a domestic and stock access licence or a domestic and stock (subcategory “stock”) access licence that existed at the commencement of this Plan, for the first three years of this Plan, provided that the volume of water taken does not exceed 14 litres per hectare of grazeable area per day,
(d) the taking of water under a local water utility access licence or an access licence of the subcategory “Town water supply” to which clause 2 of Schedule 4 applies.
The Minister may amend a water supply work approval to reduce the maximum daily volume limit imposed by the rule under subclause (6) (a) if the Minister is satisfied that the reduced volume is satisfactory to meet the relevant purpose referred to in that subclause.
For the purposes of subclause (2),
This Plan establishes total daily extraction limits (
1 For example, when the daily stream flow at the Buckenbowra River at Buckenbowra No 3 gauge (216009) is 11 ML/day, a local water utility would have a TDEL equal to 4 ML/day.
2 TDELs are an assessment tool only and will be used by the Department to determine which access licences (if any) may require individual daily extraction limits. Where TDELs have been established, continued exceedance of a TDEL may result in the imposition of individual daily extraction limits under clause 44.
3 Total daily extraction limit is defined in the Dictionary.
At the commencement of this Plan, there are no individual daily extraction limits (
If the Minister is satisfied that an assessment of daily extraction under access licences for which a TDEL is established under clause 43 indicates that extraction under the access licences exceeds the TDEL, the Minister may amend the extraction component of an access licence under section 68A of the Act to impose an IDEL on any one or more of those access licences.
1 This Part is made in accordance with sections 5, 21 and 95 of the Act.
2 Part 12 allows for amendments to be made to this Part.
The rules in this Division apply to water supply work approvals for water supply works authorised to take water:
(a) occurring naturally on the surface of the ground within the boundaries of these water sources shown on the Plan Map, and
(b) in rivers, lakes, estuaries and wetlands within the boundaries of these water sources shown on the Plan Map.
A water supply work must not be granted or amended to authorise an in-river dam on a third order or higher stream within the following water sources:
(a) Berrara Creek Water Source,
(b) Bimberamala River Water Source,
(c) Boyne Creek Water Source,
(d) Clyde Estuary Tributaries Water Source,
(e) Cockwhy Creek Water Source,
(f) Conjola Lake Water Source,
(g) Currowan Creek Water Source,
(h) Cyne Mallowes Creek Water Source,
(i) Durras Lake Water Source,
(j) Holland Creek Water Source,
(k) Mid Clyde River Water Source,
(l) Moona Moona Creek Water Source,
(m) Nelligen Creek Water Source,
(n) North Jervis Bay Water Source,
(o) South Jervis Bay Water Source,
(p) Swan Lake Water Source,
(q) Upper Clyde River Water Source,
(r) Wandandian Creek Water Source,
(s) Wollumboola Lake Water Source,
(t) Yadboro River Water Source.
Water supply work approvals may be granted or amended for in-river dams on third order or higher streams within all water sources to which this Plan applies, other than those specified in subclause (1), consistent with the NSW Weirs Policy, the principles of the Act, the Fisheries Management Act 1994 and any other relevant legislation.
If the sum of the share components of access licences nominating a water supply work that is a runoff harvesting dam or an in-river dam is reduced via:
(a) a dealing, or
(b) the surrender under section 77 of the Act of an access licence and then the subsequent cancellation of that access licence under section 77A (6) of the Act, or
(c) the amendment of the share component of the access licence by the Minister under section 68A of the Act, or
(d) the cancellation of an access licence under section 78 of the Act or via the compulsory acquisition of an access licence under section 79 of the Act,
the Minister may require the modification of the dam to ensure that the capability of the dam to capture water is reduced to reflect that reduction in share component.
The Minister can require the modification of the dam by amending the mandatory conditions of the relevant water supply work approval. Under section 102 (3) of the Act, the mandatory conditions of an approval may be imposed, amended, revoked or suspended by the Minister whenever it is necessary to do so in order to enable compliance with or to give effect to a relevant management plan.
The rules in this Division apply to water supply approvals for water supply works that are authorised to take water from these alluvial sediments.
In this Division, a reference to a water supply work is limited to a water supply work that is authorised to take water from these alluvial sediments.
A water supply work approval must not be granted or amended to authorise the construction of a water supply work which, in the Minister’s opinion, is or is proposed to be located within:
(a) 100 metres of a water supply work located on another landholding that is authorised to take water from these water sources and is nominated by another access licence, or
(b) 100 metres of a water supply work located on another landholding that is authorised to take water from these water sources pursuant to basic landholder rights only, or
(c) 50 metres from the boundary of the landholding on which the water supply work is located, unless the owner of the landholding adjoining the boundary has provided consent in writing, or
(d) 500 metres of a water supply work that is authorised to take water from these water sources and is nominated by a local water utility access licence or a major utility access licence, unless the licence holder has provided consent in writing, or
(e) 100 metres of a Department observation or monitoring bore, unless the Minister has provided consent in writing.
The distance restrictions specified in subclause (1) do not apply to the grant or amendment of a water supply work approval if the Minister is satisfied that:
(a) the water supply work is solely for basic landholder rights, or
(b) the water supply work is a replacement groundwater work, or
(c) the water supply work is for the purpose of monitoring, environmental management or remedial works, or
(d) the location of the water supply work at a lesser distance would result in no more than minimal impact on existing extractions within these water sources.
For the purpose of subclause (2) (d), the Minister may require the applicant to submit a hydrogeological study to demonstrate to the Minister’s satisfaction that the location of the water supply work at a lesser distance will result in no more than minimal impact on existing extractions within these water sources.
The Minister may require the modification of a water supply work authorised under subclause (2) (d) to minimise the impact of the water supply work on existing water levels or extraction if the Minister is satisfied at a later time that the location of the water supply work is causing more than minimal impact on existing water levels or extraction.
A water supply work approval must not be granted or amended to authorise the construction of a water supply work which, in the Minister’s opinion, is or is proposed to be located:
(a) within 250 metres of the plume associated with a contamination source listed in Schedule 5, or
(b) between 250 metres and 500 metres from the plume associated with a contamination source listed in Schedule 5, unless the Minister is satisfied that no drawdown of water will occur within 250 metres of that plume.
Note— Drawdown is defined in the Dictionary.
In addition to subclause (1), a water supply work approval must not be granted or amended to authorise the construction of a water supply work which, in the Minister’s opinion, is or is proposed to be located at a distance from a plume associated with a contamination source listed in Schedule 5 that is likely to be insufficient to protect the water source or public health and safety.
The distance restrictions specified in subclause (1) do not apply to the grant or amendment of a water supply work approval if the Minister is satisfied that:
(a) the proposed distance is adequate to protect the water source, the environment and public health and safety, or
(b) the water supply work is for the purpose of monitoring, environmental management or remedial works.
For the purpose of subclause (3) (a), the Minister may require the applicant to submit a hydrogeological study to demonstrate to the Minister’s satisfaction that the location of the water supply work at a lesser distance would result in no greater impact on the water source, the environment and public health and safety.
A water supply work approval must not be granted or amended to authorise the construction of a water supply work which, in the Minister’s opinion, is or is proposed to be located within:
(a) in the case of a water supply work that will be authorised to take water pursuant to basic landholder rights only—100 metres of a high priority groundwater-dependent ecosystem listed in Schedule 6, or
(b) in the case of a water supply work that will be nominated by an access licence—200 metres of a high priority groundwater-dependent ecosystem listed in Schedule 6, or
(c) 40 metres of the top of the high bank of a river.
In addition to subclause (1), a water supply work approval must not be granted or amended to authorise the construction of a water supply work which, in the Minister’s opinion, is or is proposed to be located at a distance from a high priority groundwater-dependent ecosystem listed in Schedule 6 if the construction and use of the water supply work at that distance is likely to cause more than minimal drawdown of that high priority groundwater-dependent ecosystem. This subclause does not apply to water supply works that will be authorised to take water pursuant to basic landholder rights only.
The distance restrictions specified in subclauses (1) (a) and (b) do not apply to the grant or amendment of a water supply work approval if the Minister is satisfied that no more than minimal drawdown of water will occur at the perimeter of any high priority groundwater-dependent ecosystem listed in Schedule 6.
The distance restrictions specified in subclause (1) do not apply to the grant or amendment of a water supply work approval if the Minister is satisfied that:
(a) the water supply work is for the purpose of monitoring, environmental management or remedial works, or
(b) the water supply work replaces an existing authorised water supply work that is part of a bore network for a major utility or a local water utility for the purpose of town water supply, or
(c) the water supply work is a replacement groundwater work, or
(d) the location of the water supply work at a lesser distance would result in no greater impact on these water sources and their groundwater-dependent ecosystems.
The Minister may require the applicant to submit a hydrogeological study to demonstrate to the Minister’s satisfaction that:
(a) for the purpose of subclause (3), no more than minimal drawdown of water will occur at the perimeter of any high priority groundwater-dependent ecosystem listed in Schedule 6, or
(b) for the purpose of subclause (4) (d), the location of the water supply work at a lesser distance will result in no greater impact on these water sources and their groundwater-dependent ecosystems.
A water supply work approval must not be granted or amended to authorise the construction of a water supply work which, in the Minister’s opinion, is or is proposed to be located within:
(a) 100 metres of a groundwater-dependent culturally significant site, in the case of a water supply work that will be authorised to take water pursuant to basic landholder rights only, or
(b) 200 metres of a groundwater-dependent culturally significant site, in the case of a water supply work that will be nominated by an access licence.
Groundwater-dependent culturally significant sites are currently under investigation and may be identified during the term of this Plan. The full list of potential groundwater-dependent culturally significant sites will be identified on the Department-held register and, as a precautionary approach, will be considered by staff in the assessment of any application for a water supply work approval within the area of this Plan.
The distance restrictions specified in subclause (1) do not apply to the grant or amendment of a water supply work approval if the Minister is satisfied that:
(a) the water supply work is for the purpose of monitoring, environmental management or remedial works, or
(b) the water supply work replaces an existing authorised water supply work that is part of a bore network for a major utility or a local water utility for the purpose of town water supply, or
(c) the water supply work is a replacement groundwater work, or
(d) the location of the water supply work at a lesser distance will result in no more than minimal impact on these water sources and their groundwater-dependent culturally significant sites.
For the purpose of subclause (2) (d), the Minister may require the applicant to submit a hydrogeological study to demonstrate to the Minister’s satisfaction that the location of the water supply work at a lesser distance will result in no greater impact on these water sources and their groundwater-dependent culturally significant sites.
For the purposes of this Plan,
(a) the existing water supply work is authorised by a water supply work approval under the Act,
(b) the replacement groundwater work is to be constructed to extract water from the same water source as the existing water supply work,
(c) the replacement groundwater work is to be constructed to extract water from:
(i) the same depth as the existing water supply work, or
(ii) a different depth if the Minister is satisfied that doing so will result in no greater impact on a water source or its dependent ecosystems, and
(d) the replacement groundwater work is to be located:
(i) within 20 metres of the existing water supply work, or
(ii) more than 20 metres from the existing water supply work if the Minister is satisfied that doing so will result in no greater impact on a water source or its dependent ecosystems, and
(e) if the existing water supply work is located within 40 metres of the high bank of a river, the replacement groundwater work is to be located:
(i) within 20 metres of the existing water supply work but no closer to the high bank of the river, or
(ii) more than 20 metres from the existing water supply work but no closer to the high bank of the river if the Minister is satisfied that doing so will result in no greater impact on a water source or its dependent ecosystems, and
(f) the replacement groundwater work must not have a greater internal diameter or excavation footprint than the existing water supply work, except where the internal diameter of the casing of the existing water supply work is no longer manufactured, in which case the internal diameter of the replacement groundwater work is to be no greater than 110% of the internal diameter of the existing water supply work it replaces. For the purposes of this paragraph,
internal diameter means the diameter of the inside of the casing of the water supply work which is a water bore andexcavation footprint means the authorised dimensions of a water supply work which is an unlined excavation constructed for the purposes of water supply only.
For the purpose of subclause (1) (c) (ii), the Minister may require the applicant to submit a hydrogeological study to demonstrate to the Minister’s satisfaction that the construction of the water supply work at a different depth to the existing water supply work will result in no greater impact on a water source or its dependent ecosystems.
For the purpose of subclause (1) (d) (ii) or (e) (ii), the Minister may require the applicant to submit a hydrogeological study to demonstrate to the Minister’s satisfaction that the location of the water supply work at a distance greater than 20 metres from the existing water supply work will result in no greater impact on a water source or its dependent ecosystems.
The Minister may amend an approval on the application of the holder of the approval, under section 107 of the Act. The operation of section 107 (3) of the Act may further restrict the replacement of an existing water supply work.
The rules in this clause apply to water supply work approvals for water supply works that are authorised to take water from these alluvial sediments.
Subject to subclauses (3) and (4), a water supply work that is located within a restricted distance specified in clauses 48–51 must not, in any water year, be used to take more water than the volume of water that is equal to:
(a) the sum of the share components of the access licences nominating that water supply work at the commencement of this Plan, plus
(b) the maximum water allocation that can be carried over by access licences nominating that water supply work at the commencement of this Plan in accordance with clause 38 (4) of this Plan.
Subject to subclause (4), a water supply work that becomes located within a restricted distance specified in clauses 48–51 as a result of an amendment to this Plan must not, in any water year, be used to take more water than the volume of water that is equal to:
(a) the sum of the share components of the access licences nominating that water supply work at the date of the amendment, plus
(b) the maximum water allocation that can be carried over by access licences nominating that water supply work at the date of the amendment in accordance with clause 38 (4) of this Plan.
Subclauses (2) and (3) do not apply:
(a) where a restricted distance does not apply in accordance with clauses 48 (2) (a), (c) and (d), 49 (3), 50 (3) and (4) (a), (b) and (d) and 51 (2) (a), (b) and (d), or
(b) to the taking of water pursuant to basic landholder rights.
The Minister may specify a daily rate or an annual volumetric limit for water taken by a water supply work that is located within a restricted distance specified in clauses 48–51 pursuant to clauses 48 (2) (d), 49 (3) (a), 50 (3) or (4) (d) or 51 (2) (d).
The daily rate or annual volumetric limit specified under subclause (5) will be as determined by the Minister to meet the relevant criteria specified in clauses 48 (2) (d), 49 (3) (a), 50 (3) or (4) (d) or 51 (2) (d).
The access licence dealing rules established in this Part apply to all access licence dealings in these water sources.
1 Access licence dealings in these water sources are subject to the provisions of the Act, the regulations, the access licence dealing principles and the access licence dealing rules established under this Part.
2 The access licence dealing principles prevail over the access licence dealing rules in this Plan to the extent of any inconsistency, as provided under section 71Z (3) of the Act.
Dealings under section 71O of the Act are prohibited unless the conversion is from an unregulated river access licence to an aquifer access licence.
A dealing under subclause (1) is subject to the share component of the aquifer access licence being equal to the share component of the unregulated river access licence.
Dealings under section 71Q of the Act within the same water source are prohibited in these water sources if the dealing involves an assignment of rights from:
(a) an access licence that nominates a water supply work located more than 40 metres from the top of a high bank of a river to an access licence that nominates a water supply work being used to take water from these alluvial sediments located less than or equal to 40 metres from the top of a high bank of a river,
(b) an assignment of rights from a local water utility access licence in the Pigeon House Creek Water Source.
Subclause (1) (a) does not apply to a water supply work being used to take water from these alluvial sediments that is part of a bore network for a local water utility or town water supply scheme.
Dealings under section 71Q of the Act between water sources within the same water management area are prohibited in these water sources if the dealing involves an assignment of rights:
(a) to an access licence with a share component that specifies one of the following water sources:
(i) Berrara Creek Water Source,
(ii) Bimberamala River Water Source,
(iii) Boyne Creek Water Source,
(iv) Buckenbowra River Water Source,
(v) Cockwhy Creek Water Source,
(vi) Conjola Lake Water Source,
(vii) Currowan Creek Water Source,
(viii) Cyne Mallowes Creek Water Source,
(ix) Durras Lake Water Source,
(x) Holland Creek Water Source,
(xi) Moona Moona Creek Water Source,
(xii) Nelligen Creek Water Source,
(xiii) North Jervis Bay Water Source,
(xiv) Pigeon House Creek Water Source,
(xv) South Jervis Bay Water Source,
(xvi) Swan Lake Water Source,
(xvii) Upper Clyde River Water Source,
(xviii) Wandandian Creek Water Source,
(xix) Wollumboola Lake Water Source,
(xx) Yadboro River Water Source,
(b) to an access licence with a share component that specifies the Burrill Lake Water Source, if it would cause the sum of the share components of all access licences in the Burrill Lake Water Source to exceed 137,
(c) to an access licence with a share component that specifies the Candlagan Creek Water Source, if it would cause the sum of the share components of all access licences in the Candlagan Creek Water Source to exceed 51,
(d) to an access licence with a share component that specifies the Conjola Creek Water Source, if it would cause the sum of the share components of all access licences in the Conjola Creek Water Source to exceed 157,
(e) to an access licence with a share component that specifies the Currambene Creek Water Source, if it would cause the sum of the share components of all access licences in the Currambene Creek Water Source to exceed 199,
(f) to an access licence with a share component that specifies the Kioloa Water Source, if it would cause the sum of the share components of all access licences in the Kioloa Water Source to exceed 44,
(g) to an access licence with a share component that specifies the Meroo Lake Water Source, if it would cause the sum of the share components of all access licences in the Meroo Lake Water Source to exceed 35,
(h) to an access licence with a share component that specifies the Narrawallee Inlet Water Source, if it would cause the sum of the share components of all access licences in the Narrawallee Inlet Water Source to exceed 90,
(i) to an access licence with a share component that specifies the Nerrindillah Creek Water Source, if it would cause the sum of the share components of all access licences in the Nerrindillah Creek Water Source to exceed 28,
(j) to an access licence with a share component that specifies the St Georges Basin Water Source, if it would cause the sum of the share components of all access licences in the St Georges Basin Water Source to exceed 194,
(k) to an access licence with a share component that specifies the Tabourie Lake Water Source, if it would cause the sum of the share components of all access licences in the Tabourie Lake Water Source to exceed 87,
(l) to an access licence with a share component that specifies the Termeil Lake Water Source, if it would cause the sum of the share components of all access licences in the Termeil Lake Water Source to exceed 24,
(m) to an access licence with a share component that specifies the Tomaga River Water Source, if it would cause the sum of the share components of all access licences in the Tomaga River Water Source to exceed 105,
(n) to an access licence with a share component that specifies the Mid Clyde River Water Source, from an access licence with a share component that specified a water source, other than the Upper Clyde River Water Source,
(o) to an access licence with a share component that specifies the Willinga Lake Water Source, if it would cause the sum of the share components of all access licences in the Willinga Lake Water Source to exceed 27,
(p) to an access licence with a share component that specifies the Clyde Estuary Tributaries Water Source,:
(i) if it would cause the sum of the share components of all access licences in the Clyde Estuary Tributaries Water Source to exceed 100, and
Note— If a notice in writing is required from the Minister regarding the decommissioning of a water supply work, this notice will be sent to the approval holder within 60 days of the notice under paragraph (b) being sent.
(d) if the approval holder receives a notice from the Minister under paragraph (c), the approval holder must proceed in accordance with any requirements in that notice,
(e) if the approval holder does not receive a notice from the Minister under paragraph (c) within 60 days of providing notice of the intent to decommission under paragraph (b), the approval holder must decommission the water supply work,
(f) within 60 days of the water supply work being decommissioned under paragraphs (d) or (e), the approval holder must notify the Minister in writing that the water supply work has been decommissioned,
(g) the holder of the water supply work approval upon becoming aware of a breach of any condition of the approval must:
(i) notify the Minister as soon as practicable, and
(ii) if the notification under subparagraph (i) was not in writing, confirm this notification in writing within seven days of becoming aware of the breach,
(h) any other conditions required to implement the provisions of this Plan.
Water supply work approvals for water supply works in these water sources, excluding a water supply work that is a metered water supply work with a data logger, must have mandatory conditions where required to give effect to the following:
(a) the holder of a water supply work approval must keep a Logbook,
(b) the holder of a water supply work approval must record the following in the Logbook:
(i) each date and start and end time during which water was taken using the water supply work,
(ii) the volume of water taken on that date,
(iii) the number of the access licence under which water was taken on that date, or, if water was taken under some other authority (such as basic landholder rights), the authority under which water was taken,
(iv) the purpose or purposes for which the water was taken on that date,
(v) details of any cropping carried out using the water taken through the water supply work including the type of crop, area cropped and dates of planting and harvesting,
(vi) where metering equipment has been installed for use in connection with the water supply work, the meter reading before water is taken,
(vii) where metering equipment has not been installed for use in connection with the water supply work, details of all pumping activities for the water supply work including pump running hours, pump power usage or pump fuel usage, pump start and stop times and pump capacity per unit of time,
(viii) any other information required to be recorded in the Logbook under the rules of this Plan,
(c) the holder of the water supply work approval must produce the Logbook to the Minister for inspection when requested,
(d) the holder of a water supply work approval must retain the information required to be recorded in the Logbook for five years from the date to which that information relates.
The Minister may require the holder of a water supply work approval for a metered water supply work with a data logger to keep a Logbook in accordance with any requirements of subclause (2).
All water supply work approvals must contain mandatory conditions to require that the water supply work must not be used to take water unless, before water is taken, the holder of the water supply work approval confirms that the relevant cease to take conditions do not apply. Where the holder is required to keep a Logbook, the holder must record that confirmation and the means of confirmation (such as visual inspection or internet search), in the Logbook.
Water supply work approvals for runoff harvesting dams and in-river dams must have a mandatory condition where required to give effect to clause 46 (2).
This clause applies to all water supply work approvals for water supply works that are authorised to take water from these alluvial sediments.
Water supply work approvals to which this clause applies must have mandatory conditions where required to give effect to the following:
(a) the rules for limiting the taking of water within the restricted distances specified in clause 53,
(b) the approval holder must ensure the water supply work is constructed so as to be:
(i) screened in the groundwater source specified in the share component of the access licence that nominates the work, and
(ii) sealed off from all other water sources,
(c) the construction of a new water supply work must:
(i) comply with the restricted distances specified in or specified by the Minister in accordance with clauses 48–51, and
(ii) comply with the construction standards for that type of bore prescribed in the Minimum Construction Requirements for Water Bores in Australia, 2012, and
Note— Minimum Construction Requirements for Water Bores in Australia is defined in the Dictionary.(iii) be constructed appropriately so as to prevent contamination between aquifers, and
(iv) be constructed to prevent the flow of saline water between aquifers as directed by the Minister in writing,
(d) if a water supply work is to no longer be used permanently, then the approval holder of that work must provide the Minister with notice in writing that the approval holder intends to decommission the water supply work, at least 90 days prior to the date of commencement of decommissioning and include a work plan for decommissioning in accordance with the Minimum Construction Requirements for Water Bores in Australia,
(e) upon receiving notice of the intention to decommission from the approval holder under paragraph (d), the Minister may by notice in writing, require that the water supply work not be decommissioned, or that the water supply work be decommissioned in accordance with other requirements,
Note— If a notice in writing is required from the Minister regarding the decommissioning of a water supply work, this notice will be sent to the approval holder within 60 days of the notice under paragraph (d) being sent.
(f) if the approval holder receives a notice from the Minister under paragraph (e), the approval holder must proceed in accordance with any requirements in that notice,
(g) if the approval holder does not receive a notice from the Minister under paragraph (e) within 60 days of providing notice of the intent to decommission under paragraph (d), the approval holder must decommission the water supply work in accordance with the work plan,
(h) within 60 days of the water supply work being decommissioned under paragraphs (f) or (g), the approval holder must notify the Minister in writing that the water supply work has been decommissioned and provide the name of the driller who decommissioned the work,
(i) if, during the construction of the water supply work, contaminated water is encountered above the production aquifer, the approval holder must:
(i) notify the Minister within 48 hours of becoming aware of the contaminated water, and
(ii) take all reasonable steps to minimise contamination and environmental harm, and
(iii) ensure that such water is sealed off by inserting casing to a depth sufficient to exclude the contaminated water from the water supply work and, if specified by the Minister, place an impermeable seal between the casing and the walls of the water supply work from the bottom of the casing to ground level as specified by the Minister, and
(iv) if the Minister has specified any other requirements, comply with any requirements specified by the Minister in writing,
(j) when directed by the Minister by notice in writing, the approval holder must provide a report in the form specified in the notice detailing the quality of any water obtained using the water supply work,
(k) the water supply work approval will lapse if the construction of the water supply work is not completed within three years of the issue of the water supply work approval,
(l) any other conditions required to implement the provisions of this Plan.
A water supply work approval granted in circumstances where clause 48 (2) (d) applies must have a mandatory condition where required to give effect to clause 48 (4).
A water supply work approval for a water supply work must have mandatory conditions where required to give effect to the requirements for a replacement groundwater work specified in or specified by the Minister in accordance with clause 52.
Amendments specified throughout this Plan and in this Part are amendments authorised by this Plan.
An amendment authorised by this Plan is taken to include any consequential amendments required to be made to this Plan to give effect to that particular amendment.
For example, if Part 1 is amended to add a new management zone, this may require amendments to other parts of this Plan to include rules for that management zone.
An amendment authorised by this Plan which results in a variation of the bulk access regime is an amendment authorised by this Plan for the purposes of sections 87 (2) (c) and 87AA of the Act.
Part 1 may be amended to do any of the following:
(a) apply this Plan to new or additional water sources or water management areas (including part thereof) or modify (including to amend the boundaries) or remove an existing water source or water management area (including part thereof) from this Plan,
(b) add, remove or modify a management zone, including the water sources to which a management zone applies and the boundaries of such a zone,
Note— Management zone is defined in the Dictionary.(c) add, remove or modify an EMU, including the water sources to which an EMU applies,
(d) amend the Plan Map.
Following the surrender under section 77 of the Act of an access licence and then the cancellation under section 77A (6) of the Act of an access licence in one of these water sources, the Minister may amend clause 27 to vary the long-term average annual extraction limit that applies to the EMU.
Part 7 may be amended to establish or revise a limit for the granting of an access licence of the subcategory “Aboriginal community development” in these water sources.
Division 2 of Part 8 of this Plan may be amended to do any of the following:
(a) amend A Class for the Mid Clyde River Water Source, Upper Clyde River Water Source and Cockwhy Creek Water Source after Year 5 of this Plan if the sum of the share components of all access licences in those water sources is greater than or equal to 133, provided that the amended flow class is not less than 2 ML/day or more than 10 ML/day at the Clyde River at Brooman gauge (216002),
Note— 10 ML/day corresponds to the estimated 94th percentile flow.
(b) establish new or additional flow classes in these water sources, taking into account:
(i) any new information, assessed as adequate by the Minister, about the level of hydrological stress in these water sources, and
(ii) the socio-economic impacts of the proposed change, and
(iii) the environmental water requirements of these water sources,
provided that the Minister consult with relevant Government agencies and stakeholders before making an amendment pursuant to this paragraph,
(c) amend clause 41 to extend the exemption to the cease to take conditions for stock watering purposes specified in clause 41 (15) (c) beyond year 3 of this Plan and/or modify the volume of water permitted to be taken for stock watering purposes after year three of this Plan,
(d) amend clause 42 to require access licences that nominate a water supply work located more than 40 metres from the top of the high bank of a river and that may be used to take water from these alluvial sediments, to be subject to the same access rules as unregulated river access licences for the corresponding water source specified in clause 41 of this Plan, but with a delay,
(e) establish or assign new TDELs in these water sources or management zones following the imposition of an adaptive environmental water condition on an access licence that requires the water to be left in the water source or management zone for environmental purposes,
(f) establish or assign new TDELs in these water sources or management zones to protect a proportion of flow within each flow class for the environment,
(g) amend or remove TDELs if TDELs have been established or assigned,
(h) include rules for the establishment, assignment and removal of IDELs,
(i) remove the existing access rules where TDELs and/or IDELs have been established under paragraphs (f) or (h) to protect a proportion of flow within each flow class for the environment,
(j) reinstate access rules that applied at the commencement of this Plan, where TDELs and IDELs have been removed under paragraphs (g) and (h).
Part 9 may be amended to do any of the following:
(a) amend clause 46 to add or remove water sources or management zones 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 48 after year 5 of this Plan, or
(ii) clause 50 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 52,
(d) amend clause 53 to impose further restrictions on the rate and timing of extraction of water to mitigate impacts.
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 63 or 64 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 entitlement from Column 1 of Schedule 2, remove the corresponding water source from Column 2 of Schedule 2 and remove the corresponding access rule from Column 3 of Schedule 2,
(b) amend the access rule specified in Column 3 of Schedule 2, or
(c) add an access licence to Column 1 of Schedule 2, specify a water source in Column 2 of Schedule 2 and to specify an access rule in Column 3 of Schedule 2.
Schedule 1 may be deleted if the Minister is satisfied that it is no longer required.
Schedule 2 may be amended to:
(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 a 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 41, 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 3 may be amended to do any of the following:
(a) add a new access licence to clause 1 of Schedule 3, provided that a written request has been made to the Minister and the Minister is satisfied that extraction under the access licence is for a purpose listed in clause 41 (15) (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 3, provided the Minister is satisfied that the water supply system used to take, store and deliver water has not undergone major augmentation since the commencement of this Plan,
(c) remove an access licence or a Water Act 1912 entitlement from clause 1 of Schedule 3 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 3 if:
(i) the Minister is satisfied that the water supply system used to take, store and deliver water has undergone major augmentation since the commencement of this Plan, or
(ii) the access licence is surrendered or cancelled or the purpose ceases to exist.
Schedule 3 or part thereof may be deleted if the Minister is satisfied that it is no longer required.
Schedule 4 may be amended to do any of the following:
(a) add a new access licence to clause 1 of Schedule 4, provided that a written request has been made to the Minister and that the Minister is satisfied that extraction under the access licences is for a purpose listed in clause 42 (6) (a) and that purpose was specified on, or referred to in the conditions of the Water Act 1912 entitlement that was replaced by the access licence,
(b) add a local water utility access licence or an access licence of the subcategory “Town water supply” to clause 2 of Schedule 4, provided the Minister is satisfied that the water supply system used to extract, store and deliver water has not undergone major augmentation since the commencement of this Plan,
(c) remove an access licence or Water Act 1912 entitlement from clause 1 of Schedule 4 if:
(i) an access licence dealing results in the water being taken under the licence from a different location, or
(ii) an alternative water supply is obtained, or
(iii) the licence is surrendered or cancelled,
(d) remove a local water utility access licence or an access licence of the subcategory “Town water supply” or a Water Act 1912 entitlement from clause 2 of Schedule 4 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 4 may be deleted if the Minister is satisfied that it is no longer required.
Schedule 5 may be amended to add or remove a contamination source.
Schedule 6 may be amended to add or remove:
(a) a high priority groundwater-dependent ecosystem, or
(b) a high priority karst environment groundwater-dependent ecosystem.
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 after year five 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,
(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 (4) 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 (4), the Minister should consult with relevant Government agencies and stakeholders.
Unless otherwise defined in this Plan, words and expressions that are defined in the Act or in the regulations have the same meaning in this Plan.
(a) 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.
(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.
This Schedule applies to each access licence which replaces a Water Act 1912 entitlement listed in Column 1.
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 rule |
10SL044684 | Mid Clyde River Water Source | Water must not be taken under an access licence from an in-river pool when the volume of water in that pool is less than the full capacity of the pool. |
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 specified in Column 3 imposed as mandatory conditions to give effect to clause 41 (8).
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 rule |
10SL018295 | Narrawallee Inlet Water Source | Water must not be taken when there is no visible flow in Croobyar Creek over the crest of the Department’s weir, located downstream of the pump site, on Lot 4 DP243499, Parish of Ulladulla and Lot 3 DP243499, Parish of Conjola, County of St Vincent. |
10SL034930 | Narrawallee Inlet Water Source | Water must not be taken when there is no visible flow in Yackungarrah Creek at the Road Bridge on the Princes Highway at the eastern boundary of Lot 30 DP792994, Parish of Conjola, County of St Vincent. |
10SL039412 | Narrawallee Inlet Water Source | Water must not be taken when there is no visible flow in Croobyar Creek over the crest of the Department’s weir, located downstream of the pump site and within Lots 3, 4 and Lot 5 DP243450, Parish of Conjola, County of St Vincent. |
10SL055588 | Mid Clyde River Water Source | Water must not be taken when the flow at the Clyde River at Brooman Gauge (216002) is less than or equal to 29.0 ML/day. |
10SL056496 | Mid Clyde River Water Source | Water must not be taken when the flow at the Clyde River at Brooman Gauge (216002) is less than or equal to 12.0 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 |
10SL020459 |
10SL040941 |
10SL031082 |
10SL015969 |
10SL056219 |
10SL027254 |
10SL021134 |
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 |
10SL043458 |
10SL025959 |
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 |
10BL144878 |
10BL602753 |
10BL158530 |
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 |
At the commencement of this Plan there are no access licences listed in clause 2 of this Schedule. Clause 73 (6) allows for this Plan to be amended to add access licences to this Schedule subject to the requirements in that clause.
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,
(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.
High priority groundwater-dependent ecosystems in these alluvial sediments are as specified in Table C.
Table C—High priority groundwater-dependent ecosystems
Column 1 | Column 2 | Column 3 | Column 4 | Column 5 | Column 6 |
High priority groundwater system | Type | Easting | Northing | Zone | Water Source |
Cradle Swamp | Wetland | 254500 | 6096100 | 56 | Pigeon House Creek Water Source |
Wollumboola Lake | Lake | 296800 | 6131200 | 56 | Wollumboola Lake Water Source |
Coonemia Creek | Wetland | 294300 | 6128600 | 56 | Wollumboola Lake Water Source |
1 High priority groundwater-dependent ecosystems (
GDEs ) are currently under investigation and some may be identified during the term of this Plan. The full list of potential GDEs will be identified on the Departmental GDE Register and as a precautionary approach, will be considered by staff in the assessment of any application for a water supply work approval within the area of this Plan. If it becomes verified as a high priority GDE, this Schedule will be amended to include the GDE.
2 The approximate location of GDEs listed in Column 1 of Table C is provided as Easting and Northing coordinates in Columns 3 and 4 of Table C.
3 The approximate location of high priority GDEs listed in Column 1 of Table C are shown on the map in Appendix 4.
Copies of the Plan Map may be inspected at the following offices:
• DPI Water
NSW Department of Primary Industries
10 Valentine Ave
PARRAMATTA NSW 2150
• DPI Water,
NSW Department of Primary Industries
Level 0, 84 Crown St
WOLLONGONG NSW 2500
• DPI Water,
NSW Department of Primary Industries
Sapphire Marketplace, 106 Auckland St
BEGA NSW 2550
• DPI Water,
NSW Department of Primary Industries
5 O’Keefe Ave
NOWRA NSW 2541
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,
NSW Department of Primary Industries
PO Box 48
BEGA NSW 2550
• DPI Water,
NSW Department of Primary Industries PO Box 309
NOWRA NSW 2541
The map in this appendix shows the approximate location of the high priority GDEs specified in Column 1 of Table C in Schedule 6.
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