Water Sharing Plan for the Dorrigo Plateau Surface Water Source and Dorrigo Basalt Groundwater Source 2003 (NSW)
This Plan is the Water Sharing Plan for the Dorrigo Plateau Surface Water Source and Dorrigo Basalt Groundwater Source 2003 (hereafter
This Plan is made under section 50 of the Water Management Act 2000 as amended (hereafter
This Plan covers the core provisions of section 20 of the Act for water sharing, and additional provisions of section 21 of the Act, and other relevant matters.
This Plan takes effect on 1 July 2004 and ceases 10 years after that date.
The area in respect of which this Plan is made is that area of land within the Upper North Coast Water Management Area and the Mid North Coast Water Management Area known as the Dorrigo Plateau Surface Water Source (hereafter
This surface water source and this groundwater source will hereafter be referred to collectively as
The Upper North Coast Water Management Area and the Mid North Coast Water Management Area are shown on a map in Appendix 1.
Maps referred to in this Plan may be inspected at offices of the Department of Land and Water Conservation listed in Appendix 2.
This surface water source is divided into the following management zones shown on the map in Schedule 2:
(a) Upper Nymboida River management zone (hereafter
Zone 1 ),(b) Bielsdown River management zone (hereafter
Zone 2 ),(c) Wild Cattle Creek management zone (hereafter
Zone 3 ), and(d) Blicks River management zone (hereafter
Zone 4 ).
Daily extraction limits are defined for each management zone.
Specific conditions apply to access licence dealings within these management zones.
The waters of this surface water source include all water occurring on the land surface shown on the map in Schedule 2 including:
(a) all rivers in this surface water source including, but not limited to, those nominated in Schedule 4, and
(b) all lakes and wetlands in this surface water source.
The waters of this surface water source exclude all water contained within aquifers underlying this surface water source.
The waters of this groundwater source, shown in Schedule 3, includes all water contained within the Dorrigo basalt aquifers.
Terms that are defined in the Act have the same meaning in this Plan and the effect of these terms may be explained in Notes.
Additional terms to those identified in subclause (1) are defined in Schedule 1.
Notes in the text of this Plan do not form part of this Plan.
Schedules to this Plan form part of this Plan.
Appendices to this Plan do not form part of this Plan.
This Plan applies from commencement to those matters that are administered under the Act at that time.
This Plan applies to other matters from the date the relevant provisions of the Act are commenced.
To the extent possible, the rules embodied in this Plan will apply to matters administered under the Water Act 1912 in the interim.
In accordance with section 16 (1) of the Act, this Plan is consistent with the State Water Management Outcomes Plan published in the NSW Government gazette on 20 December 2002 (hereafter
Schedule 5 identifies the SWMOP targets applicable to this Plan and how this Plan contributes to those targets.
This Part is made in accordance with section 35 (1) of the Act.
The vision for this Plan is to have informed, productive communities on the Dorrigo Plateau, living sustainably in a healthy environment by protecting:
(a) groundwater and surface water dependent ecosystems,
(b) the quality of water,
(c) natural and cultural values of National Parks and Reserves,
(d) security for domestic water supplies,
(e) access to flows for agricultural industries,
(f) Aboriginal cultural knowledge,
(g) low flows impacted by structures, and
(h) downstream flows and the health of the Clarence River,
through cooperatively managing water with greater equity and awareness.
The objectives of this Plan are to:
(a) protect ecosystems that depend on groundwater in this groundwater source by establishing an extraction limit, and limiting extraction from groundwater,
(b) protect and enhance water quality in line with the Healthy Rivers Commission’s recommendations for the Clarence Catchment through the management of surface flows and groundwater extractions on the Dorrigo Plateau,
Note— This objective refers to maintaining water quality. Although there are no specific strategies directly related to this objective in this Plan, the environmental water provisions in this Plan make a positive contribution to maintaining water quality.
(c) protect the natural and cultural values of the National Parks and Reserves, including the gazetted World Heritage areas, by managing flows,
(d) protect and enhance surface water dependent ecosystems by managing access to flows in this surface water source,
(e) enable a secure supply of water for the Dorrigo local water utility, domestic and stock users, including the North Dorrigo and Dundurrabin communities, and downstream users, whilst minimising the impact of extraction on low flows,
(f) allow irrigators access to available flows on the Dorrigo Plateau, particularly in the area of Bielsdown and Little Plains Rivers, whilst encouraging innovative and water-use efficient agriculture,
(g) enhance the overall health of the Clarence River and estuary by enabling flow contributions from the Dorrigo Plateau, and
(h) protect flows on the Dorrigo Plateau to prevent the misuse of cultural knowledge of the Gumbaingirr tribal areas.
Cultural knowledge includes spiritual, social, cultural and practical (for example recreational, food, medicinal and educational) values.
The strategies of this Plan are to:
(a) establish environmental water rules and manage access to groundwater consistent with those rules,
(b) establish rules for the protection of basic landholder rights,
(c) establish cease (and commence) to pump levels and flow classes,
(d) limit the amount of water that can be extracted on a daily basis from different flow classes,
(e) limit the long term average extraction of surface water,
(f) establish an extraction limit for this groundwater source, taking into account the requirements of the environment,
(g) establish rules for minimising the local impacts of groundwater extraction on the environment, and between users,
(h) establish rules for the granting of access licences,
(i) clearly define access rules and conditions for extracting water from these water sources,
(j) establish rules for determining the water available from time to time under access licences,
(k) establish conditions that will apply to all access licences and water supply work approvals,
(l) establish water allocation account management rules, and
(m) specify access licence dealing rules that maximise flexibility for water users without adversely impacting on these water sources.
The following indicators are to be used to determine the performance of this Plan against its objectives:
(a) change in groundwater extraction relative to the extraction limit,
(b) change in low flows at the end of this surface water source,
(c) change in moderate to high flows at end of this surface water source,
(d) change in local water utilities access,
(e) change in ecological condition of these water sources and their dependent ecosystems,
(f) extent to which basic landholder rights requirements have been met,
(g) change in economic benefits derived from water extraction and use,
(h) extent to which native title rights requirements have been met,
(i) extent of recognition of spiritual, social and customary values of water to Aboriginal people, and
(j) (Repealed)
Appendix 3 details the objectives to which these performance indicators relate and the methods for assessing these indicators.
This Part is made in order to give effect to section 5 (3) of the Act, and in accordance with sections 20 (2) (c) and 21 (e) of the Act.
This Plan recognises climatic variability and therefore:
(a) that river flow will vary in this surface water source, and
(b) that the level of natural recharge will vary in this groundwater source.
To give effect to subclause (1), this Plan has provisions that manage:
(a) the sharing of water in these water sources within the limits of water availability on a long-term average basis,
(b) the sharing of flows that occur in this surface water source on a daily basis, and
(c) water extractions to enable the protection of groundwater dependent ecosystems, aquifer integrity and water quality of this groundwater source.
The availability of water for extraction from this surface water source on a long-term average basis will be determined at the level of an extraction management unit.
The extraction management unit of which this surface water source is part is known as the Nymboida River Catchment Extraction Management Unit, and is shown on the map in Schedule 6.
This Plan establishes, the following flow classes as the basis for sharing of daily flows from this surface water source:
(a) For Zone 1:
(i) very low flow class at or less than 75 megalitres/day (hereafter
ML/day ),Note— The 75 ML/day corresponds to the estimated 95
th percentile of flows in November, the critical month, and is referred to as the cease to pump on a falling river and the commence to pump on a rising river.(ii) A class flows greater than 75 ML/day and at or less than 128 ML/day,
(iii) B class flows greater than 128 ML/day and at or less than 221 ML/day, and
(iv) C class flows greater than 221 ML/day.
(b) For Zone 2:
(i) very low flow class at or less than 23 ML/day,
Note— The 23 ML/day corresponds to the estimated 98
th percentile of flows in November, the critical month, and is referred to as the cease to pump on a falling river and the commence to pump on a rising river.(ii) A class flows greater than 23 ML/day and at or less than 60 ML/day,
(iii) B class flows greater than 60 ML/day and at or less than 128 ML/day, and
(iv) C class flows greater than 128 ML/day.
(c) For Zone 3:
(i) very low flow class at or less than 17 ML/day,
Note— The 17 ML/day corresponds to the estimated 90
th percentile of flows in November, the critical month, and is referred to as the cease to pump on a falling river and the commence to pump on a rising river.(ii) A class flows greater than 17 ML/day and at or less than 22 ML/day,
(iii) B class flows greater than 22 ML/day and at or less than 54 ML/day, and
(iv) C class flows greater than 54 ML/day.
(d) For Zone 4:
(i) very low flow class at or less than 13 ML/day,
Note— The 13 ML/day corresponds to the estimated 95
th percentile of flows in December, the critical month, and is referred to as the cease to pump on a falling river and the commence to pump on a rising river.(ii) A class flows greater than 13 ML/day and at or less than 40 ML/day,
(iii) B class flows greater than 40 ML/day and at or less than 119 ML/day, and
(iv) C class flows greater than 119 ML/day.
Very low flow access conditions are established under clause 73 for cleaning for dairy plants and clause 75 (a) for local water utilities.
The flow classes have been determined based on flow information that inherently includes seasonal effects as well as evaporation and seepage losses.
For the purpose of this Plan, all flows referred to relate to the estimated flows at the flow reference point at the downstream end of each zone, as shown on the map in Schedule 2.
Announcement of daily flow classes will be made from time to time by the Minister based on the flow at a flow gauging station, correlated to the flow reference point established in clause 18.
The overall basis for sharing groundwater in this Plan is the average annual recharge of 50,000 megalitres per year (hereafter
This Part is made in accordance with sections 5 (3) and 8 (1), 8 (2) and 20 (1) (a) of the Act.
Planned environmental water for this surface water source is identified and established as follows:
(a) In very low flows, the flow occurring in each Zone minus:
(i) 0.03 ML/day in Zone 1, and minus very low flow access provided for in clause 73,
(ii) 1.52 ML/day in Zone 2, and minus very low flow access provided for in clause 73,
(iii) 0.008 ML/day in Zone 3, and minus very low flow access provided for in clause 73, and
(iv) 0.02 ML/day in Zone 4, and minus very low flow access provided for in clause 73.
Note— 0.03 ML/day, 0.008 ML/day and 0.02 ML/day are the amounts of water estimated at the commencement of the Plan for basic landholder rights in Zones 1, 3, and 4 respectively. 1.52 ML/day is the amount of water estimated at the commencement of the Plan for basic landholder rights and local water utility very low flow access in Zone 2.
(b) In A class flows, the flow occurring in each Zone minus:
(i) 17.23 ML/day in Zone 1,
(ii) 36.02 ML/day in Zone 2,
(iii) 4.408 ML/day in Zone 3, and
(iv) 8.02 ML/day in Zone 4.
Note— 17.23 ML/day, 36.02 ML/day, 4.408 ML/day, and 8.02 ML/day are the amounts of water estimated at the commencement of the Plan for basic landholder rights in Zones 1, 2, 3, and 4 respectively, plus the total daily extraction limit for each Zone in A class flows.
(c) In B class flows, the flows occurring in each Zone minus:
(i) 26.53 ML/day in Zone 1,
(ii) 51.22 ML/day in Zone 2,
(iii) 10.808 ML/day in Zone 3, and
(iv) 23.82 ML/day in Zone 4.
Note— 26.53 ML/day, 51.22 ML/day, 10.808 ML/day, and 23.82 ML/day are the amounts of water estimated at the commencement of the Plan for basic landholder rights in Zones 1, 2, 3, and 4 respectively, plus the total daily extraction limit for each Zone in B class flows.
(d) In C class flows, the flow occurring in each Zone minus:
(i) 43.53 ML/day in Zone 1,
(ii) 69.02 ML/day in Zone 2,
(iii) 21.208 ML/day in Zone 3, and
(iv) 48.62 ML/day in Zone 4.
Note— 43.53 ML/day, 69.02 ML/day, 21.208 ML/day, and 48.62 ML/day are the amounts of water estimated at the commencement of the Plan for basic landholder rights in Zones 1, 2, 3, and 4 respectively, plus the total daily extraction limit for each Zone in C class flows.
Planned environmental water for this surface water source is maintained in very low flows as follows:
(a) the holders of access licences are not permitted any access in any Zone, unless provided for in clause 73 or clause 75, and
(b) persons exercising domestic and stock and native title rights may take a combined total of up to:
(i) 0.03 ML/day in Zone 1,
(ii) 0.02 ML/day in Zone 2,
(iii) 0.008 ML/day in Zone 3, and
(iv) 0.02 ML/day in Zone 4.
Note— The Minister may issue an order under section 328 of the Act to restrict the exercise of domestic and stock rights from this surface water source to protect the environment, for reasons of public health, or to preserve basic landholder rights.
Planned environmental water for this surface water source is maintained in each of A class, B class and C class flows as follows:
(a) the holders of access licences have restricted access to water as specified in clause 47,
(b) persons exercising domestic and stock and native title rights may take water, and
(c) if the water taken under domestic and stock and native title rights is assessed to be exceeding the following amounts in these flow classes, then the access to water for access licences will be reduced in accordance with clause 52 to maintain the environmental water in these flow classes:
(i) 0.03 ML/day in Zone 1,
(ii) 0.02 ML/day in Zone 2,
(iii) 0.008 ML/day in Zone 3, and
(iv) 0.02 ML/day in Zone 4.
In all flow classes, limits are imposed on the availability of water in accordance with clauses 37 and 39, that protect a proportion of natural river flows for fundamental ecological needs from increases in long-term water extraction.
These rules protect the water for the environment by limiting both the water extracted over the long term, and the rate of extraction of water in different flow ranges, thereby achieving the objectives of this Plan.
Planned environmental water for this groundwater source is identified and established as follows:
(a) the long-term average storage component of this groundwater source minus the basic landholder rights extraction is reserved for the environment, and
(b) 90% of the average annual recharge is reserved for the environment.
Pursuant to section 45 (1) (b) of the Act, the Minister may vary the proportion of recharge reserved as the planned environmental water in subclause (5) (b) when the total share components in this groundwater source reach 10% of the recharge established in clause 20, based on an assessment by the Minister of the impact of allowing greater levels of groundwater extraction.
The extent of impact on this change is limited by the provisions in clause 38.
The assessment at subclause (6) should consider groundwater dependent ecosystems associated with this groundwater source, the linkages between groundwater and surface water, Aboriginal values, the potential economic benefit from additional water use and alternative sources of additional water, including Part 11 of this Plan.
The Minister should consult with the Minister for the Environment before varying planned environmental water in accordance with subclause (6).
This Plan recognises that the planned environmental water provisions provide non-extractive benefits, including traditional Aboriginal cultural benefits, and a contribution to improved water quality.
Notwithstanding all other rights and conditions, extraction of water from a river by an approved water supply work is permitted only if there is visible flow in the river in the vicinity of the work.
At the commencement of this Plan, there is no water committed for specified environmental purposes in accordance with section 8 (1) (b) of the Act.
At any time an access licence holder may, by a process determined by the Minister, commit all or part of their licence as adaptive environmental water.
The Minister may grant an access licence in a water source to which this Plan applies if the licence is subject to an adaptive environmental water condition and arises through water savings in the system made in that water source as referred to in section 8C (1) of the Act.
The Minister may change the category or subcategory of an access licence in a water source to which this Plan applies if the licence is subject to an adaptive environmental water condition that arises through water savings as referred to in section 8D of the Act.
At the commencement of this Plan there are no access licences committed to an environmental purpose in accordance with section 8 (1) (c) of the Act.
This Part is made in accordance with sections 5 (3) and 20 (1) (b) of the Act.
The Minister may issue an Order under section 328 of the Act to restrict the exercise of basic landholder rights from these water sources to protect the environment, for reasons of public health, or to preserve existing basic landholder rights. The order may stipulate restrictions on domestic use, and that stock watering be carried out from off-river water storages, where such facilities exist.
At the commencement of this Plan the water requirements of holders of domestic and stock rights are estimated to be a total of:
(a) 0.078 ML/day within this surface water source, comprising:
(i) 0.03 ML/day in Zone 1,
(ii) 0.02 ML/day in Zone 2,
(iii) 0.008 ML/day in Zone 3, and
(iv) 0.02 ML/day in Zone 4
(b) 111.2 ML/yr within this groundwater source.
This Plan recognises that the exercise of domestic and stock rights may increase during the term of this Plan.
Increase in use of domestic and stock rights may occur as a result of an increase in the number of landholdings fronting rivers and lakes in this surface water source or an increase in the number of landholdings overlying this groundwater source, and/or as a result of the increase in the exercise of basic landholder rights by existing landholders.
It is not recommended that the water from this groundwater source be consumed without prior treatment. Land use activities may have polluted the groundwater in some areas.
At the commencement of this Plan there are no holders of native title rights in these water sources and therefore the water requirements for native title rights are a total of 0 ML/yr.
This Plan recognises that the exercise of native title rights may increase during the term of this Plan.
An increase in native title rights may occur as a result of the granting of native title rights under the Commonwealth’s Native Title Act 1993.
The requirement for water under harvestable rights is the amount of surface water owners of land are entitled to capture pursuant to the harvestable rights Order published in the NSW Gazette on 23 March 2001 under section 54 of the Act.
This Part is made in accordance with section 20 (1) (e) of the Act.
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 provisions established under Part 4 of this Plan,
(b) the requirements for basic landholder rights identified under Part 5 of this Plan, and
(c) the requirements for water for extraction under access licences identified under Part 7 of this Plan.
The bulk access regime established in subclause (2):
(a) recognises the effect of climatic variability on the availability of water as provided for under Part 3 of this Plan,
(b) establishes rules according to which access licences are granted as provided for in Part 8 of this Plan,
(c) recognises and is consistent with limits to the availability of water as provided for in Part 9, Division 1 of this Plan,
(d) establishes rules according to which available water determinations are to be made as provided for in Part 9 Division 2 of this Plan,
(e) establishes rules according to which access licences are managed as provided for in Parts 9 and 10 of this Plan, and
(f) establishes rules with respect to the priorities according to which access licences are to be adjusted as a consequence of any reduction in the availability of water as provided for in Part 9 of this Plan.
This Part is made in accordance with section 20 (1) (c) of the Act.
The amount of water specified in this Part represents the total volumes specified on access licences in these water sources. It is not a commitment to supply that water.
It is estimated that at the time of commencement of Part 2 of Chapter 3 of the Act in the area in respect of which this Plan is made, the requirements identified for water for extraction under access licences:
(a) within this surface water source will total approximately 9,902 ML/yr, and
(b) within this groundwater source will total approximately 254 ML/yr.
It is estimated that at the time of commencement of Part 2 of Chapter 3 of the Act in this area in respect of which this Plan is made, there will be several runoff harvesting access licences in this surface water source, that will have their access licence share component expressed as the water that can be extracted from time to time from the approved water supply works.
This Plan recognises that the total requirements for water for extraction within these water sources may change during the term of this Plan as a result of:
(a) the granting, surrender, cancellation or non-renewal of access licences,
(b) the variation of local water utility licences under section 66 of the Act, or
(c) the volumetric conversion of the share components of existing access licences that are currently non-volumetric.
This Part is made in accordance with sections 20 (2) (b) and 63 of the Act, having regard to the limits to water availability in these water sources, and the need to protect the ecological health of the river, the groundwater dependent ecosystems and groundwater quality.
Access licences may be granted in these water sources subject to any embargo on the making of applications for access licences made under Chapter 3 Part 2 Division 7 of the Act.
The Minister should declare an embargo on the making of applications for access licences in these water sources, other than access licences of the following kind:
(a) local water utility access licences,
Note— Pursuant to sections 66 (3) and 66 (4) of the Act, the Minister may also vary a local water utility’s share component at 5 year intervals, or on application of the local water utility where there is a rapid growth in population.
(b) domestic and stock access licences,
(c) specific purpose access licences for which applications are provided for under the regulations in accordance with section 61 (1) (a) of the Act,
(d) an unregulated river (research) access licence where the share component does not exceed 10 ML/yr per application,
(e) an unregulated river (Aboriginal cultural) access licence where the share component does not exceed 10 ML/yr per application,
(f) an unregulated river (Aboriginal commercial) access licence where the share component does not exceed 10 ML/yr per application,
(g) an aquifer (Aboriginal cultural) access licence where the share component does not exceed 10 ML/yr per application, or
(h) an aquifer (research) access licence where the share component does not exceed 10 ML/yr per application, or
(i) aquifer access licences, while the total aquifer access licence share components in this groundwater source remains less than the extraction limit established in clause 37.
In applying for a new access licence, the applicant must establish the purpose and circumstance relating to that access licence, and that the share and components sought will be the minimum required to meet that purpose and circumstance.
Any individual daily extraction limit (hereafter
Runoff harvesting access licences may have the share component expressed either as a volume in ML/yr or in terms of the amount of water that can be extracted from time to time from specified works.
(Repealed)
In this groundwater source, access licences granted under this Part cannot be extracted through a water supply work (bore) located in an area where the full extraction authorised by access licences nominating supply works (bores) located in the area, and the exercise of basic landholder rights, are likely to cause adverse local impact, as outlined in Part 10 Division 4 of this Plan.
In this groundwater source, if an access licence share component applied for is significant, as determined by the Minister on the basis of the particular aquifer characteristics, the application will not be granted until a water supply work (bore) approval has been granted and the work constructed.
Once the water supply work (bore) is constructed and the results of a pumping test or its equivalent are supplied by the applicant, in the required form and to the specification of the Minister, the access licence may be granted.
The share component of the access licence granted under subclause (10) will be the proportion of the share component sought that the water supply work (bore) is capable of extracting without adverse local impact, as outlined in Part 10 Division 4 of this Plan.
Subclauses (9), (10) and (11) do not apply to a new access licence arising from:
(a) section 61 (1) (c), of the Act, where the right has been acquired by auction, tender or other open market process, or
(b) an access licence dealing.
The Minister will seek the views of the Dorrigo Plateau Local Aboriginal Lands Council and/or relevant Elders group on all new access licence applications in relation to the impact on sites of significance and appropriate mitigation measures.
In the event of an application for an unregulated river (Aboriginal commercial) access licence, the Minister will seek the views of the Aboriginal Reference Group as to the benefit derived from the proposed application. Where an Aboriginal Reference Group has yet to be established, the advice of the Dorrigo Plateau Local Aboriginal Lands Council and/or relevant Elders group will be sought.
This Division is made in accordance with section 20 (2) (a) of the Act.
In accordance with clause 16 (2), management of the long-term extraction of surface water in this surface water source will be undertaken in the context of the Nymboida River Catchment Extraction Management Unit (hereafter
The long term average extraction limit for this Unit will be the total of:
(a) the quantity of water specified in conditions attached to or included in entitlements issued under Part 2 of the Water Act 1912 in this Unit, immediately prior to the commencement of Part 2 of Chapter 3 of the Act for this surface water source, and
(b) an estimate of annual extraction of water under domestic and stock rights and native title rights in this surface water source at the commencement of this Plan.
The long term average extraction limit for this groundwater source each year of this Plan is 5,000 ML/yr which equates to the recharge established in clause 20, minus the proportion of recharge reserved as planned environmental water in clause 22.
The long term average extraction limit of this Unit may be varied by the Minister if dealings under Part 11 of this Plan result in the issuing or cancellation of access licences in this Unit.
Pursuant to section 45 (1) (b) of the Act, the Minister may vary the long-term average extraction limit for this groundwater source established under clause 37 (2) as a result of any change to the planned environmental water arising from clause 22 (6).
If there is any change to the long-term average extraction limit arising from subclause (2) then the extraction limit in clause 37 (2) will not decrease, and will not increase, by more than 25%.
This Division is made in accordance with section 20 (2) (b) of the Act.
In making an available water determination under section 59 of the Act, the Minister should consider the following rules for this surface water source:
(a) water extraction in this Unit will be monitored in each water accounting year to determine if there is any growth in volumes extracted above the extraction limit specified in clause 37 (1), based on comparison of the extraction limit against the average extraction within this Unit over that year and the preceding 2 years,
Note— A water accounting year is defined in clause 44 (3).
(b) if water that, pursuant to an access licence, is committed as adaptive environmental water to be left in a river for environmental purposes, then for the purpose of subclause (a), the extraction will be assumed to be 100% of the available water determination,
(c) if water that, pursuant to an access licence, is committed as adaptive environmental water to be extracted for environmental purposes, then for the purpose of subclause (a), the extraction will be that measured through the approved water supply work,
(d) for all access licences, an initial available water determination, of such volume of water as is equivalent to two times the access licence share component, should be made on 1 July 2003, and such determination should apply for one water accounting year,
(e) from 1 July 2004, available water determinations for local water utility and domestic and stock access licences should be of such volume of water as is equivalent to the access licence share component, with priority given to making this water available above the making of water available to all other categories of access licence, and such determinations should be made annually,
(f) from 1 July 2004, available water determinations for unregulated river access licences, including all subcategories, should be such volume of water as is equivalent to the access licence share component, except as provided in subclauses (g) and (h), and such determinations should be made annually,
(g) if the 3 year average of extraction in this Unit exceeds the long-term average extraction limit established in clause 37 (1) by 5% or greater, then the available water determination for the following water accounting year for unregulated river access licences in this water source should be reduced by an amount that is assessed necessary by the Minister to return subsequent total water extraction to the long-term average extraction limit,
(h) if the 3 year average of extraction in this Unit is less than 95% of the long-term average extraction limit established in clause 37 (1), the available water determination for unregulated river access licences in this water source shall be increased to such an extent as to allow extraction to increase to that extraction limit,
(i) notwithstanding subclause (h), and excepting the initial available water determination made in accordance with subclause (d), the available water determination should not exceed 100% of the total access licence share components,
(j) a new available water determination for unregulated river access licences determined under subclause (g) or (h) should be repeated for each of the subsequent two water accounting years unchanged in quantity, and
(k) available water determinations for runoff harvesting access licences should be made annually and should be either the access licence share component or the water that can be extracted from time to time from the approved works, depending on the manner in which the share component is expressed on the licence.
In making available water determinations under Section 59 of the Act, the Minister should consider the following rules for this groundwater source:
(a) water extraction will be monitored in each water accounting year to determine if any growth in volumes extracted is occurring above the extraction limit in clause 37 (2), based on comparison of the extraction limit against the average extraction within this groundwater source over that year and the preceding 2 years,
Note— A water accounting year is defined in clause 44 (3).
(b) if water that, pursuant to an access licence, is committed as adaptive environmental water to be left in the aquifer for environmental purposes, then for the purpose of subclause (a), the extraction will be assumed to be 100% of the available water determination,
(c) if water that, pursuant to an access licence, is committed as adaptive environmental water to be extracted for environmental purposes, then for the purpose of subclause (a), the extraction will be that measured through the approved water supply work (bore),
(d) if the 3 year average of extraction exceeds the long term average extraction limit established in clause 37 (2) by 5% or greater, the available water determination for the following water accounting year for aquifer access licences should be reduced by an amount that is assessed necessary by the Minister to return subsequent total water extraction to the long-term average extraction limit,
(e) if the 3 year average of extraction is less than 95% of the long term average extraction limit established in clause 37 (2), then the available water determination for aquifer access licences shall be increased to such an extent as to allow extraction to increase to that extraction limit,
(f) notwithstanding subclause (e), the available water determination shall not exceed 100% of total access licence share components,
(g) the available water determination calculated in accordance with this clause will apply to all access licences excepting local water utility and domestic and stock access licences and will be the same percentage for all access licences to which it applies, and
(h) separate available water determinations will be made for both local water utility and domestic and stock access licences, and subject to section 60 of the Act, this shall be 100% these access licence share components.
This Part is made in accordance with sections 20 (2) (b), 21 (a) and 21 (c) of the Act, having regard to:
(a) the environmental water rules established in Part 4 of this Plan,
(b) requirements for water to satisfy basic landholder rights identified in Part 5 of this Plan, and
(c) requirements for water for extraction under access licences in Part 7 of this Plan.
This Division is made in accordance with sections 20 (2) (b) and 21 (c) of the Act.
In accordance with section 85 of the Act, a water allocation account shall be established for each access licence in these water sources.
Water allocations may be assigned to, or from, from these accounts by a water allocation assignment made under section 71T of the Act, where these are allowed under rules specified in Part 11 of this Plan.
In this surface water source, water allocations may also be recredited to these accounts in accordance with section 76 of the Act, subject to the operation of a return flows scheme established under section 75 of the Act.
Water allocations will be accrued into water allocation accounts in accordance with the Minister’s available water determinations as specified in clause 39.
Water taken from these water sources will be accounted for at least annually.
Water extracted by an approved water supply work nominated by an access licence is taken to be extracted and will be periodically debited against the access licence water allocation account.
A water accounting year shall be the 12 month period commencing 1 July.
The maximum water allocation that can be carried over from one water accounting year to the next is 100% of the access licence share component.
In any one water accounting year water taken from this water source under an access licence may not exceed the volume in the water allocation account, subject to clause 45 (1).
(Repealed)
In any one water accounting year, subject to local impact management restrictions arising from Part 10, Division 4 of this Plan, water taken from this groundwater source under an aquifer access licence may not exceed a volume consisting of:
(a) 100% of the access licence share component,
(b) plus any water allocations assigned from another licence under section 71T of the Act in that year, and
(c) minus any water allocations assigned to another licence under section 71T of the Act in that year.
(Repealed)
Allocations in a water allocation account pertaining to this groundwater source cannot be carried over from one water accounting year to the next.
A water allocation account shall remain at or above zero at all times.
Water taken from this surface water source in any 3 consecutive water accounting years under an access licence may not exceed a volume consisting of:
(a) the water allocations accrued under the licence in those years,
(b) plus any water allocations assigned from another licence by a water allocation assignment under section 71T of the Act in those years,
(c) plus any water allocations re-credited in accordance with section 76 of the Act in those years, and
(d) minus any water allocations assigned to another licence, by a water allocation assignment under section 71T of the Act in those years.
Notwithstanding subclause (1), water taken under an access licence from this surface water source in the first 3 water accounting years of this Plan may not exceed a volume consisting of:
(a) 3 times the share component of the access licence,
(b) plus any water allocations assigned from another licence by a water allocation assignment under section 71T of the Act in those years,
(c) plus any water allocations re-credited in accordance with section 76 of the Act in those years, and
(d) minus any water allocations assigned to another licence, by a water allocation assignment under section 71T of the Act in those years.
This Division is made in accordance with sections 20 (2) (b) and 21 (a) of the Act and applies to the surface water source.
In this surface water source, this Plan establishes a total daily extraction limit (hereafter
(a) Zone 1:
(i) very low flow access in accordance with clause 73 during years 1 to 5 of this Plan, and 0 ML/day in the very low flows during years 6 to 10 of this Plan,
(ii) 17.2 ML/day for A class,
(iii) 26.5 ML/day for B class, and
(iv) 43.5 ML/day for C class.
Note— These flows represent 13.4% of the top of A class flows, 12% of the top of B class flows and in C class flows 10% of the 30
th percentile flows in November, the critical month.(b) Zone 2:
(i) very low flow access for local water utilities in accordance with clause 75, and very low flow access in accordance with clause 73 during years 1 to 5 of this Plan, and 0 ML/day in the very low flows during years 6 to 10 of this Plan,
(ii) 36 ML/day for A class,
(iii) 51.2 ML/day for B class, and
(iv) 69 ML/day for C class.
Note— These flows represent 60% of the top of A class flows, 40% of the top of B class flows and in C class flows 30% of the 30
th percentile flows in November, the critical month.(c) Zone 3:
(i) very low flow access in accordance with clause 73 during years 1 to 5 of this Plan, and 0 ML/day in the very low flows during years 6 to 10 of this Plan,
(ii) 4.4 ML/day for A class,
(iii) 10.8 ML/day for B class, and
(iv) 21.2 ML/day for C class.
Note— These flows represent 20% of the top of A class flows, 20% of the top of B class flows and in C class flows 20% of the 30
th percentile flows in November, the critical month.(d) Zone 4:
(i) very low flow access in accordance with clause 73 during years 1 to 5 of this Plan, and 0 ML/day in the very low flows during years 6 to 10 of this Plan,
(ii) 8 ML/day for A class,
(iii) 23.8 ML/day for B class, and
(iv) 48.6 ML/day for C class.
Note— These flows represent 20% of the top of A class flows, 20% of the top of B class flows and in C class flows 20% of the 30
th percentile flows in December, the critical month.
The TDEL for each flow class specified in subclause (1) applies to all rivers within this surface water source apart from those rivers identified as minor streams in a harvestable rights Order made under section 54 of the Act.
The harvestable rights Order applying to this area at the commencement of this Plan is that gazetted on 23 March 2001 under section 54 of the Act. It identifies minor streams as non-permanent 1st and 2nd order streams as shown on topographic maps.
The TDEL for each flow class in this surface water source will be initially assigned to domestic and stock access licences as follows:
(a) for Zone 1:
(i) 0.1 ML/day of A class,
(ii) 0.1 ML/day of B class, and
(iii) 0.1 ML/day of C class.
(b) for Zone 2:
(i) 0.3 ML/day of A class,
(ii) 0.3 ML/day of B class, and
(iii) 0.3 ML/day of C class.
(c) for Zone 3:
(i) 0.1 ML/day of A class,
(ii) 0.1 ML/day of B class, and
(iii) 0.1 ML/day of C class.
(d) Zone 4:
(i) 0.1 ML/day of A class,
(ii) 0.1 ML/day of B class, and
(iii) 0.1 ML/day of C class.
The TDEL for each flow class in this surface water source will be initially assigned to local water utility access licences as follows:
(a) for Zone 1:
(i) 0 ML/day of A class,
(ii) 0 ML/day of B class, and
(iii) 0 ML/day of C class.
(b) for Zone 2:
(i) 1.5 ML/day of very low flows,
(ii) 1.5 ML/day of A class,
(iii) 1.5 ML/day of B class, and
(iv) 1.5 ML/day of C class.
(c) for Zone 3:
(i) 0 ML/day of A class,
(ii) 0 ML/day of B class, and
(iii) 0 ML/day of C class.
(d) Zone 4:
(i) 0 ML/day of A class,
(ii) 0 ML/day of B class, and
(iii) 0 ML/day of C class.
The TDEL for each flow class in this surface water source will be initially assigned to unregulated river access licences as follows:
(a) for Zone 1:
(i) 8.8 ML/day of A class,
(ii) 8.8 ML/day of B class, and
(iii) 8.8 ML/day of C class.
(b) for Zone 2:
(i) 34.2 ML/day of A class,
(ii) 49.4 ML/day of B class, and
(iii) 50.4 ML/day of C class.
(c) for Zone 3:
(i) 2 ML/day of A class,
(ii) 2 ML/day of B class, and
(iii) 2 ML/day of C class.
(d) Zone 4:
(i) 4.4 ML/day of A class,
(ii) 4.4 ML/day of B class, and
(iii) 4.4 ML/day of C class.
(e) Schedule 7 unregulated river access licences have limited access to very low flows for each Zone in accordance with clause 73.
The TDEL for each flow class in this surface water source will be initially assigned to unregulated river (Aboriginal cultural and commercial) access licences as follows:
(a) for Zone 1:
(i) 0 ML/day of A class,
(ii) 0 ML/day of B class, and
(iii) 0 ML/day of C class.
(b) for Zone 2:
(i) 0 ML/day of A class,
(ii) 0 ML/day of B class, and
(iii) 0 ML/day of C class.
(c) for Zone 3:
(i) 0 ML/day of A class,
(ii) 0 ML/day of B class, and
(iii) 0 ML/day of C class.
(d) Zone 4:
(i) 0 ML/day of A class,
(ii) 0 ML/day of B class, and
(iii) 0 ML/day of C class.
At the commencement of this Plan, unassigned TDEL in each flow class is as follows:
(a) in Zone 1:
(i) 8.3 ML/day of A class,
(ii) 17.6 ML/day of B class, and
(iii) 34.6 ML/day of C class,
(b) in Zone 2:
(i) 0 ML/day of A class,
(ii) 0 ML/day of B class, and
(iii) 16.8 ML/day of C class,
(c) in Zone 3:
(i) 2.3 ML/day of A class,
(ii) 8.7 ML/day of B class, and
(iii) 19.1 ML/day of C class,
(d) in Zone 4:
(i) 3.5 ML/day of A class,
(ii) 19.3 ML/day of B class, and
(iii) 44.1 ML/day of C class.
Unassigned TDEL may vary as a result of the surrender or cancellation or non-renewal of an access licence’s IDELs, or the operation of Part 8 of this Plan.
Each access licence requiring an IDEL, as specified in Part 12 of this Plan, is assigned the same proportion of the TDEL specified in clause 48 as its share component bears to all the share components of licences of that category.
Notwithstanding subclause (1), in relation to those access licences that are currently excluded from a flow class or part of a flow class by existing conditions on the access licence or the water supply work nominated by the access licence, the IDEL resulting from subclause (1) will be adjusted to reflect as far as possible such an exclusion.
Prior to the Minister making an amendment under clause 87 (1), the unassigned A and B class TDELs in clause 49 shall not be assigned.
Prior to the Minister making an amendment under clause 87 (1), the unassigned C class TDEL in clause 49 may be assigned to access licences in the following circumstances:
(a) where they are applied for as part of a new access licence application consistent with clause 33 (3) (a) to (f), or
(b) to a local water utility access licence where the Minister varies the access licence in accordance with sections 66 (3) or 66 (4) of the Act.
After the Minister makes an amendment under clause 87 (1), and if the very low flow level in the zone is increased, the Minister may distribute all or part of the unassigned A class and B class TDELs to existing unregulated river access licences in that zone.
Any additional TDEL assigned as IDEL to an access licence in subclause (3), will be in the same proportion of the zone’s additional TDEL as the access licence share component bears to all the unregulated river access licence share components in that zone.
Subsequent to subclause (3), and pursuant to section 45 (1) (b) of the Act, the Minister may reduce the volume of any unassigned A and B class TDEL in clause 49 following the year 5 review of this Plan, based on an assessment by the Minister of the needs of users and the environment within this surface water source and downstream surface water sources in the Nymboida River Catchment Extraction Management Unit.
The reduction in the volume of unassigned TDEL cannot exceed the volumes specified in clause 49, as amended by clause 52.
Following any assignment of unassigned TDELs in accordance with subclause (3), and any further amendment to the unassigned TDELs in accordance with subclause (5), 50% of the remaining unassigned A and B class TDELs in each Zone will be included as unregulated river (Aboriginal cultural or commercial) TDELs in clause 48 (4).
From year 6 to year 10 of this Plan, any remaining unassigned TDEL may be assigned to access licences in the following circumstances:
(a) where they are applied for as part of a new access licence application consistent with clause 33 (3) (a) to (f), or
(b) to a local water utility access licence where the Minister varies the access licence in accordance with sections 66 (3) or 66 (4) of the Act.
Where additional IDELs are assigned to an access licence in accordance with subclause (8), the amount of IDEL so assigned shall be determined by the Minister consistent with the ratios of share component to IDEL for the specific category of access licence as initially assigned under clause 50, as amended by clause 52.
Where IDELs are assigned under clause 51 the unassigned TDEL is reduced accordingly, and the TDEL assigned to the appropriate licence category in clause 48 is increased accordingly.
Pursuant to section 45 (1) (b) of the Act, if total extraction of water under domestic and stock or native title rights in a zone exceeds the level specified in Part 5 of this Plan:
(a) first any unassigned TDEL in that zone then, if necessary, the TDEL for unregulated river access licences for that zone in clause 48 (3) shall be diminished to allow these additional basic landholder rights to be met, and
(b) the IDELs of each unregulated river access licence in that zone will then be reduced to comply with this diminished TDEL.
Pursuant to section 45 (1) (b) of the Act, if any unassigned TDEL in a zone cannot meet either:
(a) the IDEL requirements of applicants for new access licences for domestic and stock access, unregulated river (Aboriginal cultural) access and unregulated river (research) access, or
(b) a local water utility’s IDEL requirements resulting from a variation by the Minister under sections 66 (3) or 66 (4) of the Act,
then the TDEL for unregulated river access licences in that zone in clause 48 (3) will be diminished to such an extent as to allow those requirements to be met.
Following an adjustment to the TDEL for unregulated river access licences in subclause (3) the IDELs of each unregulated river access licence in the zone will then be reduced to comply with this diminished TDEL.
Any adjustment to unregulated river access licence IDELs arising from this clause will be done at intervals of no greater than 5 years.
If water that, pursuant to an access licence:
(a) is committed to adaptive environmental water, then the TDEL for categories and classes specified on the committed access licence will be reduced by the IDEL on the access licence so committed and clauses 47 and 48 adjusted accordingly, or
(b) is uncommitted to adaptive environmental water, then the TDEL for categories and classes specified on the committed access licence will be increased by the IDEL on the access licence so uncommitted and clauses 47 and 48 adjusted accordingly.
Notwithstanding the forgoing provisions of this Division, this Plan allows group management of access licences with respect to the IDELs.
The Minister may determine that, from the commencement of this Plan and until otherwise determined:
(a) all access licences with IDELs shall be made part of a group maintained by the Minister, and
(b) access licences with IDELs will be assessed as a whole against their combined IDELs.
At any time when subclause (2) does not apply:
(a) access licence holders may make a request to form a group for their access licences,
(b) access licence holders may have their access licence removed from a group, in which case they shall be permitted to extract under that licence a maximum of the licensed IDEL, and
(c) where an access licence is removed or added to a group, the group combined IDEL shall be adjusted by the amount of IDEL on the subject access licence.
Groups will be managed according to the following rules:
(a) daily extraction by a group cannot exceed the combined IDELs of all access licences in the group,
(b) where it been assessed that a holder of an access licence within a group is repeatedly causing the combined IDEL to be exceeded then the Minister may remove that access licence from the group,
(c) where daily extraction by a group exceeds the combined IDELs of all access licences in the group, then the Minister may dissolve the group and require each access licence holder to comply with the licensed IDELs,
(d) should a holder of an access licence which is part of a group commit the IDELs of that licence to the environment consistent with section 8 (1) (c) of the Act, then those IDELs shall be removed from the group,
(e) an access licence may not be in more than one group, and
(f) the Minister may refuse to allow an access licence to be included in a group, and may refuse a request to form a group.
In the event of infrastructure failure in this surface water source, the Minister can elect to:
(a) continue to announce the current flow class,
(b) announce another flow class based on climatic conditions and any other flow gauging information, or
(c) restrict access to water to the lowest flow class.
Infrastructure is defined in the dictionary.
If satisfied that it is necessary to do so in the public interest, the Minister may direct the holders of an access licence to cease using a water supply work in accordance with section 323 of the Act.
This Division is made in accordance with section 21 (a) of the Act and applies to the groundwater source.
To minimise interference between extraction under different access licences in this groundwater source, extraction authorised by a new access licence of greater than 20 ML/yr will not be permitted from a water supply work (bore) within 400 metres of an approved water supply work (bore) nominated by another access licence.
The Minister may, upon application by an access licence holder, reduce the distance restriction specified in subclause (1) if:
(a) an hydrological study undertaken by the licence holder, and assessed as adequate by the Minister, demonstrates minimal potential for any adverse impact on existing licensed extraction,
(b) all potentially affected access licence holders have been notified by the proponent, and
Note— Potentially affected access licence holders are typically neighbouring access licence holders and/or those in the near vicinity.
(c) there is a process for remediation in the event that any adverse impact occurs in the future, specified as conditions on the licence.
Subclause (1) does not apply to extraction under existing access licences.
The intention of this clause is to minimise the impact of extraction under new access licences on extraction under existing access licences. It is intended to develop models to support hydrogeological assessment of the adverse impacts of new groundwater extractions on existing licensed extraction.
The Minister may declare that, in order to protect water levels within this groundwater source, local access rules are to apply in a defined area known as a local impact area.
If water levels in any part of this groundwater source have declined to such an extent that adverse impact is occurring, or is likely to occur, extraction from all water supply works (bores) within a local impact area declared under subclause (1) and nominated by an access licence, will be restricted to such an extent and for such time as is required to reinstate water levels to such a degree as to mitigate or avoid that impact.
This clause recognises that in some locations, at certain periods of high groundwater demand, critical water level declines may occur, and that additional extraction limitations may be required.
It is intended that local impact models will be developed and used to predict water level declines in a local area under different extraction scenarios. Significant drops and minimum sustainable groundwater levels can then be set for an area based on the requirements of groundwater dependent ecosystems in the locality, and on the impact that reduced water levels may have on basic rights and extraction in the locality.
The beneficial uses of the Dorrigo Basalt Groundwater Source are raw water drinking and ecosystem protection, based on the Australian and New Zealand Environment and Conservation Council Water Quality Guidelines 2001, and the National Health and Medical Research Council Raw Water for Drinking Purposes Guidelines 1996.
Water quality decline will be deemed unacceptable if extraction is likely to cause water quality to decline to a lower beneficial use class.
It is not recommended that the water from this groundwater source be consumed directly without prior treatment. Land use activities may have polluted the groundwater in some areas.
The Minister may declare that, in order to protect water quality within this groundwater source, local access rules are to apply in a defined area, known as a local impact area.
If water quality declines are resulting from extraction, extraction from all water supply works (bores) nominated by an access licence within a local impact area declared under subclause (3) will be restricted to such an extent and for such a time as required to halt that decline, or restore the beneficial use of this groundwater source.
Construction of a new water supply work (bore) will not be permitted:
(a) within 250 metres of a contamination source, unless the proponent can demonstrate to the Minister’s satisfaction that a lesser distance will result in no more than minimal harm to this groundwater source, and that extraction will not impact on the environment or cause a threat to public health as advised by the Minister for Health, or
(b) within a greater distance than in subclause (a) nominated by the Minister in order to ensure that no more than minimal harm will occur to this groundwater source, and that extraction will not impact on the environment or cause a threat to public health as advised by the Minister for Health.
Subclause (5) will not apply if the water supply work (bore) is sealed off to the nearest impervious layer with an impermeable seal constructed within the bore, as specified by the Minister.
Extraction of groundwater of greater than 20 ML/yr will not be permitted from a water supply work (bore) within 100 metres of a high priority groundwater dependent ecosystem.
Extraction of groundwater greater than 20 ML/yr shall only be permitted from a water supply work (bore) 100 metres to 200 metres from a high priority groundwater dependent ecosystem, if there is no drawdown outside the natural variation at the margin of the groundwater dependent ecosystem.
Extraction of groundwater of less than 20 ML/yr from a water supply work (bore) nominated by an access licence, and pursuant to basic landholder rights, will not be permitted within 40 m from high priority groundwater dependent ecosystems.
Subclauses (1) to (3) do not apply to:
(a) extraction from an existing water supply work (bore),
(b) extraction from a new water supply work (bore) sealed off to the nearest impervious layer with an impermeable seal constructed within the bore as specified by the Minister, and
(c) extraction for monitoring of groundwater quantity, quality and levels.
Extraction of groundwater from any water supply work (bore) is excluded within 40 metres of a river, unless:
(a) the extraction is from an existing water supply work (bore), or
(b) the extraction is for monitoring of groundwater quantity, quality and levels.
High priority groundwater dependent ecosystems are listed in Schedule 8.
Pursuant to section 45 (1) (b) of the Act, the Minister may identify further high priority groundwater dependent ecosystems and include them in Schedule 8 in year 6 of this Plan based on further studies of groundwater ecosystem dependency undertaken by the Minister.
The Minister should consult with the Minister for the Environment before adding further high priority groundwater dependent ecosystems to Schedule 8.
Extraction by an existing water supply work (bore) nominated by an access licence located within the exclusion zones as established in subclauses (1), (2), (3), and (5) cannot increase their access licence share component through a dealing unless the licence holder can demonstrate to the Minister there will be no impact on the high priority groundwater dependent ecosystems or any river.
The Minister may, in the event of local impact restrictions arising from this Division, impose by Order, a reduction in annual, quarterly, monthly, weekly or daily extraction rates from water supply works (bores) in the affected area.
This Plan allows for the formation of a group of access licences within this groundwater source with respect to the sharing of local impact restrictions arising from this Division, subject to the following rules:
(a) the group register will be maintained by the Minister,
(b) holders of access licences must make a request to the Minister to form a group,
(c) total extraction by all access licences within a group will be assessed as a whole against their combined restricted extraction and must not exceed that amount,
(d) no access licence holder within the group may extract more than is permitted by Division 2 of this Part in any one water accounting year as a result of participation in a group,
(e) an access licence holder may apply to be removed by the Minister from the group and the extraction by the group will be reduced by the extraction restriction of that access licence,
(f) an access licence holder may apply to be added by the Minister to the group and the combined restricted extraction of the group will be increased by the extraction restriction of that access licence holder, and
(g) the Minister reserves the right to remove a licence holder from a group where that individual causes the group extraction restriction to be exceeded, or to dissolve a group where its members exceed their combined extraction restriction.
The operational rules relating to local impact management may rely on water levels at specified monitoring bores.
In the event of a monitoring bore failure the Minister may:
(a) continue with the current access rules until the monitoring bore is reinstated,
(b) adjust the current access rules based on climatic conditions and any other monitoring bore information, until the monitoring bore is reinstated, or
(c) rely on another monitoring bore in the area to provide information.
This Part is made in accordance with section 20 (1) (d) of the Act and with the Minister’s access licence dealing principles gazetted on 27 December 2002 under section 71Z of the Act.
Applications for access licence dealings may be granted subject to the Minister’s access licence dealing principles gazetted from time to time under section 71Z of the Act and the rules in this Part.
There are a number of mechanisms within the Act, called access licence dealings, to change either the ownership of all or part of an access licence, or the location within a water source at which all or part of the share and extraction components of access licences can be exercised. These dealings are governed by the principles in section 5 of the Act, the Minister’s access licence dealing principles, and the rules in this Part.
Where there is an inconsistency between access licence dealing rules established in this Plan and Minister’s access licence dealing principles gazetted subsequent to the commencement of this Plan, section 71Z of the Act provides for the access licence dealing rules in this Plan to prevail.
This clause applies to any relevant dealings under sections 71Q, 71S and 71W of the Act, and with respect to water allocation assignments within this surface water source under section 71T of the Act.
Dealings are prohibited under this clause if:
(a) any of the access licences or water allocations involved are not within this water source, unless the dealing is permitted under clause 70,
Note— Clause 67 relates to any dealings that involve an access licence moving from one water source to another.
(b) the dealing would result in the access licence extraction component nominating a work in a different management zone,
(c) the dealing would result in additional access licence share components in Zone 2,
(d) the dealing would result in additional access licence share components in any exclusion zone within Zone 2, shown on the map in Schedule 9,
(e) the dealing would result in the access licence extraction component that had previously nominated a work outside of the an exclusion zone in Zone 2, nominating a work inside of the an exclusion zone in Zone 2,
(f) the dealing would result in the access licence extraction component that had previously nominated a work inside one of the exclusion zones in Zone 2, nominating a work inside another of the exclusion zones in Zone 2, or
(g) the dealing results involves the assignment of local water utility very low flow access.
This clause applies to any relevant dealings under sections 71Q, 71S and 71W of the Act, and section 71T of the Act with respect to allocation assignments within a groundwater source.
Dealings are prohibited under this clause if:
(a) any of the access licences or water allocations involved are not within this groundwater source, or
(b) the dealing would result in the total extraction under access licences through nominated works in the area, plus basic landholder rights extraction, causing any adverse local impact in accordance with Part 10 Division 4 of this Plan.
Notwithstanding clauses 64 and 65, applications under section 71S of the Act to vary the times, rates or circumstances specified in an access licence with respect to the taking of water under the licence are prohibited.
This clause relates to dealings under section 71R of the Act.
Section 71R dealings are the mechanism by which access licences can move from one water source to another. Once the change in water source has been affected, if permitted, the new licence will have to nominate specified works (by a dealing under section 71W of the Act) in the receiving water source before extraction can commence.
Dealings under section 71R of the Act that change the surface water source to which an access licence applies are prohibited in this surface water source, unless provided for in this clause.
An access licence with a share component specifying this surface water source may be cancelled and a new licence issued in another surface water source only if:
(a) the new access licence issued is within this Unit, and
(b) the access licence dealing rules in the other surface water source permit such a dealing.
An access licence with a share component specifying another surface water source may be cancelled and a new licence issued in this surface water source only if:
(a) the access licence cancelled is within this Unit, and
(b) the access licence dealing rules in the other surface water source permit such a dealing.
The volume of share component on an access licence issued under this clause is to be the volume of the cancelled access licence share component.
The extraction component of the cancelled access licence is not to be carried over to the new access licence.
Dealings under section 71R of the Act that change the water source to which an access licence applies are prohibited in this groundwater source.
This clause relates to dealings under section 71O of the Act.
In this surface water source, conversion of an access licence of one category to an access licence of another category may be permitted only if the conversion is from an unregulated river access licence to a runoff harvesting access licence.
In this surface water source, the volume of share component on an access licence issued under this clause is to be the volume of the cancelled share component multiplied by a conversion factor established by the Minister, and published in an Order made under section 71Z of the Act, that protects environmental water, basic landholder rights, and the reliability of supply to all other access licences subject to this Plan.
Dealings that result in conversion of an access licence of one category to an access licence of another category are prohibited in this groundwater source.
This clause relates to dealings under section 71U of the Act.
Dealings that result in the interstate transfer of an access licence into or out of these water sources are prohibited.
This clause relates to dealings under section 71T of the Act, in relation to water allocation assignments between water sources.
Dealing under section 71T of the Act that result in water allocation assignments to or from access licences in these water sources are prohibited unless provided for in this clause.
Dealings that assign water allocations between access licences inside this surface water source and access licences outside this surface water source, but inside this Unit, are permitted only if the access licence dealing rules in the other water source permit such a dealing.
Dealings that assign water allocations between access licences inside this surface water source are permitted.
Dealings that assign water allocations between access licences inside this groundwater source are permitted, subject to clause 65.
Dealings that assign water allocations between access licences in other water sources and access licences in this groundwater source are prohibited.
Each water allocation assignment must be applied for. Licence holders may enter into private contracts to assign water allocations for a number of years. Such contracts are not guaranteed by the Government, and approval must be sought annually. Approval will be subject to the rules in this Plan, including local impact assessment.
This clause relates to dealings under section 71V of the Act.
Dealings that result in interstate assignment of water allocations to or from these water sources are prohibited.
This Part is made in accordance with sections 17 (c) and 20 (2) (e) of the Act.
In this surface water source, all access licences shall have mandatory conditions to give effect to the provisions of this Plan in relation to the following:
(a) the specification of the share component of the access licence,
(b) the specification of the extraction component of the access licence, including IDELs arising from the operation of Part 10 Division 3 of this Plan where applicable, and the variation thereof,
(c) the requirement that extraction under the access licence will be subject to the available water determinations,
(d) the requirement that extraction under the access licence will be subject to the water allocation account management rules established in Part 10 Division 2 of this Plan,
(e) the requirement that the taking of water in accordance with the access licence will only be permitted if the resulting debit from the access licence water allocation account will not exceed the volume of water allocation remaining in the account,
(f) the requirement that water may only be taken under the access licence by the water supply work nominated by the access licence, and
(g) any other conditions required to implement the provisions of this Plan.
In this groundwater source, all access licences shall have mandatory conditions to give effect to the provisions of this Plan in relation to the following:
(a) the specification of the share component of the access licence,
(b) the specification of the extraction component of the access licence,
(c) the requirement that all taking of water under the access licence will be subject to the available water determinations,
(d) the requirement that all taking of water under the access licence will be subject to any local impact management restrictions established in this Plan,
(e) the requirement that all taking of water under the access licence will be subject to the account management rules established in this Plan,
(f) the requirement that water may only be taken under the access licence by the water supply work (bore) nominated by the access licence,
(g) the taking of water in accordance with the access licence may only occur if the resulting debit from the access licence water allocation account will not exceed the volume of water allocation remaining in the account, and
(h) any other conditions required to implement the provisions of this Plan.
Notwithstanding any cease to pump conditions established on the licence, during periods of very low flows, holders of access licences in the surface water source listed on Schedule 6 may continue to access water to comply with the requirements of the Food Production (Safety) Act or the Prevention of Cruelty to Animals Act for the following purposes:
(a) fruit and vegetable washing,
(b) cleaning of dairy plant and equipment for the purpose of hygiene,
(c) poultry watering and misting, and
(d) cleaning of enclosures used for intensive animal production for the purposes of hygiene.
The maximum daily volume that can extracted under subclause (1) will be the minimum required to satisfy the purposes in that subclause, will be individually assessed and specified on each access licence within 12 months of the commencement of this Plan, will not exceed 20 kilolitres per day, and will not be increased.
Upon written request by the holder of an access licence, the Minister may add a licence to Schedule 6, but only if the licence meets the purpose requirements established in subclause (1), and the purpose existed prior to 1 July 2004.
A licence will be removed from the Schedule if:
(a) any access licence dealing results in the water being extracted from a different location,
(b) an alternative water supply is obtained, that satisfies the requirements of subclause (1), or
(c) the licence is surrendered, cancelled, or not renewed.
Notwithstanding subclauses (1) to (4), extraction of water by an approved water supply work in the surface water source is only permitted if there is visible flow in the river in the vicinity of the work.
An assessment of the continuing requirements for access under this clause will be undertaken before the end of the Plan, and the Schedule amended or deleted at the end of the Plan, if such a review determines that this concessional access is no longer required.
The assessment made under subclause (6) will be undertaken for the Plan as a whole, and for each individual licence on the Schedule.
All unregulated river access licences in this surface water source shall have mandatory conditions to give effect to the following:
(a) water may only be taken in accordance with a flow class determined by the Minister, at a rate not exceeding that specified for the flow class on the access licence extraction component, unless otherwise authorised by an approved group, and
(b) notwithstanding subclause (a), water may be taken without any restrictions in rate from an in-river dam while the dam is passing flows up to the equivalent of A class flows at the dam site, or there is zero inflow.
All local water utility access licences in this surface water source shall have mandatory conditions to give effect to the following:
(a) Water may only be taken in accordance with a flow class determined by the Minister, at a rate not exceeding that specified for the flow class on the access licence extraction component,
(b) the total amount of water extracted from Zone 2 of this surface water source under the subclause (a) shall be the minimum amount necessary and shall not exceed 1.5 ML/day,
(c) water may only be taken for the purposes of supplying water for:
(i) the exercise of a water supply function of the local water utility, and/or
(ii) other such purpose provided for under the Act,
(d) notwithstanding subclause (a), holders of local water utility surface water access licences in Zone 2 issued at the start of this Plan, may continue to access the very low flows for the purpose specified in subclause (c) (i), if there is visible flow in the river in the vicinity of the work,
(e) notwithstanding subclauses (a) and (d), water may be taken without any restrictions in rate from an in-river dam while the dam is passing flows up to the equivalent of A class flows at the dam site, or when there is zero inflow.
All domestic and stock access licences in this surface water source shall have mandatory conditions to give effect to the following:
(a) water may only be taken for the purposes of domestic consumption or stock watering as defined in section 52 of the Act,
(b) water may only be taken in accordance with a flow class determined by the Minister, at a rate not exceeding that specified for the flow class on the access licence extraction component, unless otherwise authorised by an approved group,
(c) notwithstanding subclause (b), water may be taken without any restrictions in rate from an in-river dam while the dam is passing flows up to the equivalent of A class flows at the dam site, or there is zero inflow, and
(d) the conditions in subclauses (b) and (c) are not to be imposed if the extraction component of the access licence specifies that water may only be taken from a runoff harvesting dam.
All runoff harvesting access licences in this surface water source shall have a mandatory condition imposed on them specifying that water may be taken without restriction in rate, but only from the specified work.
(b) flow announcement system which is the mechanism by which the Minister communicates daily flow classes to the holders of an access licence within this surface water source, or
(c) a monitoring bore.
This order refers to watercourses shown as blue lines on topographic maps. The lines which are uppermost in a catchment are 1st order streams, when two 1st order streams are joined they make a 2nd order stream, etc. For more information see the Farm Dams Assessment Guide available from the Department of Land and Water Conservation.
This groundwater source excludes all water occurring on the land surface.
This surface water source includes, but is not limited to:
Zone 1 | Zone 3 |
Upper Nymboida River | Wild Cattle Creek |
Boundary Creek | Karore Creek |
Borra Creek | Kirtons Creek |
Little Murray Creek | Currens Creek |
Sandy’s Creek | |
Glen Fernaigh River | |
Dead Dog Creek |
Zone 2 | Zone 4 |
Bielsdown River | Blicks River |
Rocky Creek | Hyland Creek |
Little Plains Creek | Blicks Creek |
Little Falls Creek | Billys Creek |
Euroka Creek | Majors Creek |
Matthews Creek | Pinch Creek |
Whisky Creek | |
Dillions Creek |
• FULL—contributes to the target in full
• HIGH—while not fully contributing to the target, there is a good level of contribution
• PARTIAL—goes some way to contributing to the target
• LOW—only small degree of contribution to the target
Relevant target | Level of contribution | Comments |
HIGH |
| |
FULL |
| |
FULL |
| |
PARTIAL |
| |
HIGH |
| |
PARTIAL |
| |
FULL |
| |
FULL |
| |
FULL |
| |
HIGH |
| |
FULL |
| |
HIGH |
| |
HIGH |
| |
FULL |
| |
HIGH |
| |
HIGH |
| |
FULL |
| |
FULL |
| |
FULL |
| |
FULL |
| |
FULL |
| |
FULL |
|
The access licences with the following numbers have access to very low flows in the surface water source in accordance with clause 73 of this plan:
30SL015307 | Dairy washdown |
30SL027262 | Dairy washdown |
30SL041519 | Dairy washdown |
30SL041634 | Dairy washdown |
30SL038131 | Dairy washdown |
30SL043081 | Dairy washdown |
30SL052200 | Dairy washdown, vegetable washing |
30SL065195 | Dairy washdown, vegetable washing |
30SL065929 | Dairy washdown |
30SL066206 | Dairy washdown |
30SL066256 | Dairy washdown |
30SL066451 | Dairy washdown |
30SL066466 | Dairy washdown |
30SL066477 | Dairy washdown |
30SL066515 | Dairy washdown |
30SL066475 | Dairy washdown |
30SL066260 | Dairy washdown |
30SL066241 | Dairy washdown |
30SL049636 | Dairy washdown |
30SL066261 | Dairy washdown |
The access licences in this Schedule may change during the period of this Plan. The District Office of the Department of Infrastructure, Planning and Natural Resources, shown in Appendix 2, should be contacted for a current list.
The high priority groundwater dependent ecosystems in this groundwater source are:
• Rainforests
• Riparian forests
• Moist eucalypt forest
• Moist heathy vegetation, and
• Freshwater wetlands,
as detailed in Water Habitats of the Clarence, Coffs Coastal, and Bellinger Catchments. North Coast Water Habitats Study—Report No. 2 National Parks and Wildlife Service, 2001.
The high priority groundwater dependant ecosystems listed in this Schedule may change during the period of this Plan. The offices of the Department of Land and Water Conservation, listed in Appendix 2, should be contacted for a current list.
The maps in relation to this Plan may be inspected at:
• Regional Office
Department of Land and Water Conservation
76 Victoria Street
GRAFTON NSW 2460
• District Office
Department of Land and Water Conservation
205 AMP Centre
Cnr Gordon and Vernon Streets
COFFS HARBOUR NSW 2450
Performance indicators for the Dorrigo Plateau Surface Water Source and the Dorrigo Basalt Groundwater Source Water Sharing Plan | |||
Performance indicator | Related objective | As measured by | Commentary |
| 11 (a) |
|
|
| 11 (c) 11 (d) 11 (g) 11 (h) |
|
|
| 11 (c) 11 (d) 11 (g) 11 (h) |
|
|
| 11 (e) |
|
|
| 11 (a) 11 (b) 11 (c) 11 (d) 11 (g) 11 (h) |
|
|
| 11 (e) |
|
| |||
| 11 (f) |
|
|
| 11 (h) |
|
|
| 11 (h) |
|
|
(Repealed)
0
0
0