Water Sharing Plan for the Greater Metropolitan Region Unregulated River Water Sources 2011 (NSW)

Part 1IntroductionNote—

Part 13 allows for amendments to be made to Part 1.

1Name of Plan

This Plan is the Water Sharing Plan for the Greater Metropolitan Region Unregulated River Water Sources 2011 (hereafter this Plan).

2Nature and status of this Plan(1)

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

(2)

This Plan is a plan for water sharing and generally deals with the matters set out in sections 20 and 21 of the Act, as well as other sections of the Act.

Note—

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

3Commencement of this Plan

This Plan commences on 1 July 2011.

Notes—

1
In accordance with section 43 of the Act, this Plan will have effect for 10 years from 1 July 2011.

2
The Minister may extend this Plan for a further period of 10 years after it is due to expire, in accordance with section 43A of the Act.

4Application of this Plan(1)

This Plan applies to the Greater Metropolitan Region Unregulated River Water Sources which is comprised of the following water sources (hereafter these water sources) within the Southern Water Management Area, the Hawkesbury Nepean Water Management Area, the Southern Sydney Water Management Area, and the Sydney Harbour Water Management Area:

(a)
Shoalhaven River Water Source,
(b)
Illawarra Rivers Water Source,
(c)
Upper Nepean and Upstream Warragamba Water Source,
(d)
Hawkesbury and Lower Nepean Rivers Water Source,
(e)
Southern Sydney Rivers Water Source, and
(f)
Northern Sydney Rivers Water Source.

Note—

The Southern Water Management Area, the Hawkesbury Nepean Water Management Area, the Southern Sydney Water Management Area and the Sydney Harbour Water Management Area were constituted by Ministerial order made under section 11 of the Water Management Act 2000 published in the NSW Government Gazette No 180 on 23 November 2001 at page 9389.

(2)

These water sources are shown on the Plan Map called Plan Map (WSP016_Version 2), Water Sharing Plan for the Greater Metropolitan Region Unregulated River Water Sources 2011 (hereafter the Plan Map) held by the Department.

Note—

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 3 and are available on the NSW legislation website.

(3)

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, estuaries and wetlands within the boundaries of these water sources show on the Plan Map.

(4)

These water sources do not include water contained in:

(a)
the coastal sands,
(b)
any fractured rocks or porous rocks,
(c)
the area below the mangrove limit,
(d)
(Repealed)
(e)
any alluvial sediments, and
(f)
the Mooney Mooney Creek Water Source and the Mangrove Creek Water Source as defined in the Water Sharing Plan for the Central Coast Unregulated Water Sources 2009.

(5)

This Plan, as amended by the Water Sharing Plan for the Greater Metropolitan Region Unregulated River Water Sources Amendment Order 2016, replaces the Water Sharing Plan for the Kangaroo River Water Source 2003.

5Management zones(1)

For the purposes of this Plan, the following water sources are divided into the following management zones:

(a)
Shoalhaven River Water Source:
- (i)
  Upper Shoalhaven River Management Zone,
- (ii)
  Mid Shoalhaven River Management Zone,
- (iii)
  Reedy Creek Management Zone,
- (iv)
  Boro Creek Management Zone,
- (v)
  Mongarlowe River Management Zone,
- (vi)
  Corang and Endrick Rivers Management Zone,
- (vii)
  Nerrimunga Creek Management Zone,
- (viii)
  Bungonia Creek Management Zone,
- (ix)
  Shoalhaven River Gorge Management Zone,
- (x)
  Barbers Creek Management Zone,
- (xi)
  Fitzroy Falls Management Zone,
- (xii)
  Yarrunga Creek Management Zone,
- (xiii)
  Lower Kangaroo River Management Zone,
- (xiv)
  Bundanoon Creek Management Zone,
- (xv)
  Lower Shoalhaven River Management Zone,
- (xvi)
  Bomaderry Creek Management Zone,
- (xvii)
  Lower Shoalhaven River Catchment Management Zone,
- (xviii)
  Broughton Creek Management Zone,
- (xix)
  Broughton Mill Creek Management Zone,
- (xx)
  Jaspers Brush Creek and Tributaries Management Zone, and
- (xxi)
  Kangaroo River Management Zone,
(b)
Illawarra Rivers Water Source:
- (i)
  Minnamurra River Management Zone,
- (ii)
  Minnamurra Coastal Management Zone,
- (iii)
  Lake Illawarra Management Zone,
- (iv)
  Macquarie Rivulet Management Zone, and
- (v)
  Wollongong Coastal Management Zone,
(c)
Upper Nepean and Upstream Warragamba Water Source:
- (i)
  Mulwaree River Management Zone,
- (ii)
  Upper Wollondilly River Management Zone,
- (iii)
  Lower Wollondilly River Management Zone,
- (iv)
  Upper Wingecarribee River Management Zone,
- (v)
  Lower Wingecarribee River Management Zone,
- (vi)
  Medway Rivulet Management Zone,
- (vii)
  Nattai River Management Zone,
- (viii)
  Little River Management Zone,
- (ix)
  Lake Burragorang Management Zone,
- (x)
  Werriberri Creek Management Zone,
- (xi)
  Maldon Weir Management Zone, which includes the storage of Douglas Park Weir but does not include the storage of Pheasants Nest Weir,
- (xii)
  Pheasants Nest Weir to Nepean Dam Management Zone, which includes the storage of Pheasants Nest Weir but does not include the storage of Nepean Dam,
- (xiii)
  Maguires Crossing Management Zone, which includes the storage of Nepean Dam,
- (xiv)
  Stonequarry Creek Management Zone,
- (xv)
  Lower Cataract River Management Zone, which does not include the storage of Broughtons Pass Weir,
- (xvi)
  Mid Cataract River Management Zone, which includes the storage of Broughtons Pass Weir but does not include the storage of Cataract Dam,
- (xvii)
  Avon River Management Zone, which does not include the storage of Avon Dam,
- (xviii)
  Cordeaux River Management Zone, which does not include the storage of Cordeaux Dam,
- (xix)
  Upper Nepean River Tributaries Headwaters Management Zone which includes the storages of Cataract Dam, Cordeaux Dam and Avon Dam,
- (xx)
  Wywandy Management Zone,
  Note—
  The Wywandy Management Zone includes the hydrological catchment of the Coxs River at and above the Lake Lyell exclusion zone 200 metres downstream of the wall of Lilyvale Dam.
- (xxi)
  Dharabuladh Management Zone,
  Note—
  The Dharabuladh Management Zone includes the hydrological catchment of the Coxs River between the Wywandy Management Zone and the confluence of Coxs River and Jenolan River.
- (xxii)
  Jenolan River Management Zone,
- (xxiii)
  Kowmung River Management Zone, and
- (xxiv)
  Kedumba River Management Zone,
(d)
Hawkesbury and Lower Nepean Rivers Water Source:
- (i)
  Menangle Weir Management Zone, which includes the storage of Menangle Weir but does not include the storage of Douglas Park Weir,
- (ii)
  Camden Weir Management Zone, which includes the storages of Camden Weir, Thurns Weir and Bergins Weir but does not include the storage of Menangle Weir,
- (iii)
  Sharpes Weir Management Zone, which includes the storage of Sharpes Weir but does not include the storage of Camden Weir,
- (iv)
  Cobbity Weir Management Zone, which includes the storage of Cobbity Weir but does not include the storage of Sharpes Weir,
- (v)
  Mount Hunter Rivulet Weir Management Zone, which includes the storage of Mount Hunter Rivulet Weir but does not include the storage of Cobbity Weir,
- (vi)
  Brownlow Hill Weir Management Zone, which includes the storage of Brownlow Hill Weir but does not include the storage of Mount Hunter Rivulet Weir,
- (vii)
  Theresa Park Weir Management Zone, which includes the storage of Theresa Park Weir but does not include the storage of Brownlow Hill Weir,
- (viii)
  Wallacia Weir Management Zone, which includes the storage of Wallacia Weir but does not include the storage of Theresa Park Weir,
- (ix)
  Mid Nepean River Catchment Management Zone,
- (x)
  Warragamba River Management Zone,
- (xi)
  Lower Nepean River Management Zone,
- (xii)
  Erskine Creek and Glenbrook Creek Management Zone,
- (xiii)
  Grose River Management Zone,
- (xiv)
  Capertee River Management Zone,
- (xv)
  Colo River Management Zone,
- (xvi)
  Upper Hawkesbury River (Grose River to South Creek) Management Zone,
- (xvii)
  Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone,
- (xviii)
  Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone,
- (xvix)
  Lower Hawkesbury River Management Zone,
- (xx)
  Macdonald River Management Zone,
- (xxi)
  Upper South Creek Management Zone,
- (xxii)
  Lower South Creek Management Zone,
- (xxiii)
  Cattai Creek Management Zone, and
- (xxiv)
  Berowra Creek and Cowan Creek Management Zone,
(e)
Southern Sydney Rivers Water Source:
- (i)
  Upper Woronora River Management Zone,
- (ii)
  Lower Woronora River Management Zone,
- (iii)
  Hacking River Management Zone,
- (iv)
  Lower Georges River and Bunbury Curran Creek Management Zone,
- (v)
  Cabramatta Creek Management Zone,
- (vi)
  Prospect Creek Management Zone,
- (vii)
  Georges River Catchment Management Zone,
- (viii)
  Cooks River and Botany Bay Management Zone, and
- (ix)
  Southern Sydney Coastal Management Zone,
(f)
Northern Sydney Rivers Water Source:
- (i)
  Upper Parramatta River Management Zone,
- (ii)
  Lower Parramatta River Management Zone,
- (iii)
  Lane Cove River Management Zone,
- (iv)
  Middle Harbour Management Zone, and
- (v)
  Northern Sydney Coastal Management Zone.

(2)

The management zones in subclause (1) are shown on the Plan Map.

6Extraction management units in these water sources(1)

This Plan establishes the following extraction management units (hereafter the EMUs):

(a)
Shoalhaven River Extraction Management Unit which applies to the water source specified in item (a) of Column 2 of Table A,
(b)
Illawarra Rivers Extraction Management Unit which applies to the water source specified in item (b) of Column 2 of Table A,
(c)
Upper Nepean and Upstream Warragamba Extraction Management Unit which applies to the water source specified in item (c) of Column 2 of Table A,
(d)
Hawkesbury and Lower Nepean Rivers Extraction Management Unit which applies to the water source specified in item (d) of Column 2 of Table A,
(e)
Southern Sydney Rivers Extraction Management Unit which applies to the water source specified in item (e) of Column 2 of Table A, and
(f)
Northern Sydney Rivers Extraction Management Unit which applies to the water source specified in item (f) of Column 2 of Table A.

(2)

The EMUs are shown on the Plan Map.

Notes—

1
A long-term average annual extraction limit is established in Part 7 of this Plan for each extraction management unit. The long-term average annual extraction limit determines the maximum volume of water that may be extracted under access licences from all water sources within the extraction management unit on a long-term average annual basis.

2
The EMUs, and any water source to which the EMUs apply, may be amended as provided for in Part 13 of this Plan.

Table A—Extraction Management Units

Column 1—Extraction Management Unit	Column 2—Water Source
(a)	Shoalhaven River Extraction Management Unit	Shoalhaven River Water Source
(b)	Illawarra Rivers Extraction Management Unit	Illawarra Rivers Water Source
(c)	Upper Nepean and Upstream Warragamba Extraction Management Unit	Upper Nepean and Upstream Warragamba Water Source
(d)	Hawkesbury and Lower Nepean Rivers Extraction Management Unit	Hawkesbury and Lower Nepean Rivers Water Source
(e)	Southern Sydney Rivers Extraction Management Unit	Southern Sydney Rivers Water Source
(f)	Northern Sydney Rivers Extraction Management Unit	Northern Sydney Rivers Water Source

7Understanding the rules in this Plan

This Plan contains various rules. Where appropriate, rules specified in this Plan are given effect by mandatory conditions for access licences and approvals contained in Part 12 of this Plan.

Note—

The rules in this Plan include environmental water rules, system operation rules, access licence dealing rules, rules for granting and managing access licences, rules for water supply work approvals, rules for the making of available water determinations, water allocation account rules and daily access rules.

8Interpretation(1)

Words and expressions that are defined in the Dictionary in Schedule 1 of this Plan have the meaning set out in that Schedule.

(2)

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.

(3)

Unless otherwise specified in this Plan, a clause that applies to a category of access licence also applies to any subcategories of that category of access licence.

(4)

Schedules to this Plan form part of this Plan.

(5)

Notes in the text of this Plan do not form part of this Plan.

(6)

Appendices to this Plan do not form part of this Plan.

Part 2Vision, objectives, strategies and performance indicatorsNote—

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

9Vision statement(1)

The vision of 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.

(2)

This Plan was developed with the recognition that the sharing of waters in these water sources contributes to:

(a)
Aboriginal peoples pursuing their economic, social and cultural development, and maintaining and strengthening their spiritual and customary relationship to the water, and
(b)
the involvement of Aboriginal peoples in the conservation, protection and management of these water sources.

9AAcknowledgement

Respect is paid to the traditional owners of this country, who are acknowledged as the first natural resource managers within these water sources.

10Objectives

The objectives of this Plan are to:

(a)
provide for the water supply for the people of Sydney, the Illawarra, the Shoalhaven, the Southern Highlands and the Blue Mountains, which comprise approximately 70% of the NSW population,
(b)
contribute to the sustainable and integrated management of the water cycle across these water sources,
(c)
protect, preserve, maintain and enhance the important river flow dependent and high priority groundwater dependent ecosystems of these water sources,
(d)
protect, preserve, maintain and enhance the Aboriginal, cultural and heritage values of these water sources,
(e)
protect basic landholder rights,
(f)
manage these water sources to ensure equitable sharing between users,
(g)
contribute to the sustainable development of those industries reliant on surface water,
(h)
provide security and certainty for the life of the plan to stakeholders that utilise water resources,
(i)
provide opportunities for enhanced market based trading of access licences and water allocations within environmental and system constraints,
(j)
provide water allocation account management rules which allow sufficient flexibility to encourage responsible use of available water,
(k)
contribute to the maintenance of water quality,
(l)
provide recognition of the connectivity between surface water and groundwater,
(m)
adaptively manage these water sources,
(n)
limit the physical transfer of water between water sources where those transfers might compromise the health of the water source and water dependent ecosystems in the water source from or to which water is transferred,
(o)
implement Government decisions on environmental flow regimes for the Upper Nepean and Upstream Warragamba Water Source, the Hawkesbury and Lower Nepean Rivers Water Source, the Southern Sydney Rivers Water Source and the Shoalhaven River Water Source, and
(p)
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:
- (i)
  be given statutory recognition and have at least the same degree of security as water access entitlements for consumptive use and be fully accounted for,
- (ii)
  be defined as the water management arrangements required to meet the outcomes sought, including water provided on a rules basis or held as a water access entitlement, and
- (iii)
  if held as a water access entitlement, may be made available to be traded (where physically possible) on the temporary market, when not required to meet the environmental and other public benefit outcomes sought and provided such trading is not in conflict with these outcomes.

11Strategies

The strategies of this Plan are to:

(a)
establish performance indicators,
(b)
establish environmental water rules,
(c)
identify water requirements for basic landholder rights,
(d)
identify water requirements for access licences,
(e)
establish rules for the granting and amending of access licences and approvals,
(f)
establish rules that place limits on the availability of water for extraction,
(g)
establish rules for making available water determinations,
(h)
establish rules for the operation of water allocation accounts,
(i)
establish rules which specify the circumstances under which water may be taken,
(j)
establish access licence dealing rules, and
(k)
identify triggers for and limits to changes to the rules in this Plan.

12Performance indicators

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 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.

Part 3Bulk access regime13Bulk access regime(1)

This Plan establishes a bulk access regime for the extraction of water under access licences in these water sources, having regard to:

(a)
the environmental water rules established in Part 4 of this Plan,
(b)
the requirements for water for basic landholder rights identified in Division 2 of Part 5 of this Plan,
(c)
the requirements for water for extraction under access licences identified in Division 3 of Part 5 of this Plan, and
(d)
the access licence dealing rules established in Part 11 of this Plan.

(2)

The bulk access regime established in this Plan for these water sources:

(a)
recognises and is consistent with the limits to the availability of water set in relation to these water sources contained in Division 1 of Part 7 of this Plan,
(b)
establishes rules according to which access licences are to be granted and managed contained in Parts 8 and 9 of this Plan, and available water determinations to be made contained in Division 2 of Part 7 of this Plan,
(c)
recognises the effect of climatic variability on the availability of water as described in clause 14,
(d)
establishes rules with respect to the priorities according to which water allocations are to be adjusted as a consequence of any reductions in the availability of water due to an increase in average annual extraction above the long-term average annual extraction limit, contained in Division 1 of Part 7 of this Plan,
(e)
contains provisions with respect to the conditions that must be imposed as mandatory conditions on access licences, contained in Division 2 of Part 12 of this Plan, and
(f)
recognises and is consistent with the water management principles contained in section 5 of the Act.

14Climatic variability

This Plan recognises the effects of climatic variability on river flow 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 reductions in the availability of water due to an increase in average annual extraction above the long-term average annual extraction limit, contained in Division 1 of Part 7 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 9 of this Plan.

Note—

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

Part 4Planned environmental water provisionsNote—

This Part is made in accordance with sections 8, 8A and 20 of the Act.

15General

This Part contains environmental water rules for the commitment, identification, establishment and maintenance of planned environmental water in these water sources.

Note—

In accordance with the Act, planned environmental water is water that is committed by management plans for fundamental ecosystem health or other specified environmental purposes, either generally or at specified times or in specified circumstances, and that cannot to the extent committed be taken or used for any other purpose.

16Commitment and identification of planned environmental water(1)

Planned environmental water is committed and identified in these water sources as set out in this clause.

(2)

Water is committed and identified as planned environmental water in the Upper Nepean and Upstream Warragamba Water Source and the Hawkesbury and Lower Nepean Rivers Water Source in the following ways:

(a)
by reference to the commitment of the physical presence of water in the water source,
(b)
by reference to the long-term average annual commitment of water as planned environmental water, and
(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.

(3)

Water is committed and identified as planned environmental water in the Shoalhaven River Water Source, Illawarra Rivers Water Source, Southern Sydney Rivers Water Source and the Northern Sydney Rivers Water Source in the following ways:

(a)
by reference to the commitment of the physical presence of water in the water source, and
(b)
by reference to the water that is not committed after the commitments to basic landholder rights and for sharing and extraction under any other rights have been met.

17Establishment and maintenance of planned environmental water(1)

Planned environmental water is established and maintained in these water sources as set out in this clause.

(2)

Planned environmental water in these water sources is established as follows:

(a)
it is the physical presence of water that:
- (i)
  results from the environmental release rules specified in Part 6 for the Shoalhaven River Water Source, Upper Nepean and Upstream Warragamba Water Source, Hawkesbury and Lower Nepean Rivers Water Source and the Southern Sydney Rivers Water Source, and
  Note—
  The rules in Part 6 require daily releases of water to be made from storages in the Shoalhaven River Water Source, Upper Nepean and Upstream Warragamba Water Source, Hawkesbury and Lower Nepean Rivers Water Source and the Southern Sydney Rivers Water Source and establish environmental contingency allowance accounts for those storages.
- (ii)
  results from the access rules specified in Division 2 of Part 9 of this Plan,
  Note—
  The rules in Division 2 of Part 9 of this Plan set flow rates or flow levels below which the taking of water is not permitted. Some limited exemptions apply.
(b)
it is the long-term average annual commitment of water as planned environmental water in the Upper Nepean and Upstream Warragamba Water Source and the Hawkesbury and Lower Nepean Rivers Water Source that results from the application of the environmental release rules as specified in Part 6, the available water determination rules as specified in Division 2 of Part 7, the water allocation account management rules as specified in Division 1 of Part 9, and the long-term average annual extraction limit as specified in Division 1 of Part 7,
(c)
it is the water remaining after water has been taken pursuant to basic landholder rights and access licences in accordance with the rules specified in Part 7 and Part 9.

(3)

The planned environmental water established under subclause (2) (a) is maintained in:

(a)
the Shoalhaven River Water Source, the Upper Nepean and Upstream Warragamba Water Source, the Hawkesbury and Lower Nepean Rivers Water Source and the Southern Sydney Rivers Water Source by the environmental release rules specified in Part 6, and
(b)
these water sources by the rules specified in Part 7 and Division 1 of Part 9 of this Plan.

(4)

The planned environmental water established in subclause (2) (b) is maintained in the Upper Nepean and Upstream Warragamba Water Source and the Hawkesbury and Lower Nepean Rivers Water Source by the rules in Part 7 which limit the water available for extraction under access licences.

(5)

The planned environmental water established under subclause (2) (c) is maintained in these water sources by the rules specified in Parts 7 and 9.

Note—

The rules in Part 7 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 limit, which is less than 100% of the long-term average water available. The rules in Part 7 provide for a reduction in available water determinations when the long-term average annual extraction limit has been assessed to have been exceeded.

Note—

(Repealed)

Part 5Requirements for waterDivision 1General19Application(1)

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).

(2)

The amounts of water specified in this Part represent the estimated water requirements of persons entitled to basic landholder rights in these water sources and the total volumes or unit shares specified in the share components of all access licences in these water sources. The actual volumes of water available for extraction in these water sources at any time will depend on factors such as climatic variability, access licence priority and the rules in this Plan.

(3)

This Plan recognises that basic landholder rights in these water sources and the total share components of all access licences authorised to extract water from these water sources may change during the term of this Plan. This Plan manages such changes by having provisions that manage the sharing of water within the limits of water availability, as provided for in Division 1 of Part 7 of this Plan.

Note—

The total share components of access licences in these water sources may change during the terms of this Plan as a result of:

(a)
the granting, surrender or cancellation of access licences in these water sources,
(b)
the variation of local water utility licences under section 66 of the Act, or
(c)
changes due to the volumetric conversion of Water Act 1912 entitlements that are currently non-volumetric.

Division 2Requirements for water for basic landholder rights20Domestic and stock rights

The water requirements of persons entitled to domestic and stock rights within these water sources are estimated to total 88.3 megalitres per day (hereafter ML/day), distributed as follows:

(a)
13.6 ML/day in the Shoalhaven River Water Source,
(b)
4 ML/day in the Illawarra Rivers Water Source,
(c)
21 ML/day in the Upper Nepean and Upstream Warragamba Water Source,
(d)
25.4 ML/day in the Hawkesbury and Lower Nepean Rivers Water Source,
(e)
13.2 ML/day in the Southern Sydney Rivers Water Source, and
(f)
11.1 ML/day in the Northern Sydney Rivers Water Source.

Notes—

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.

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.

21Native title rights

The water requirements of persons entitled to native title rights within these water sources are estimated to be 26.6 megalitres per year (hereafter ML/year) in the Kangaroo River Management Zone in the Shoalhaven River Water Source.

Note—

A change in native title rights may occur pursuant to the provisions of the Native Title Act 1993 (Cth).

22Harvestable rights

The requirement for water under harvestable rights in these water sources is the total amount of water that owners or occupiers of landholdings are entitled to capture and store pursuant to a harvestable rights order made under Part 1 of Chapter 3 of the Act.

Division 3Requirements for water for extraction under access licences23Share components of domestic and stock access licences

It is estimated that the share components of domestic and stock access licences authorised to take water from these water sources will total 2,344.6 ML/year, distributed as follows:

(a)
243.4 ML/year in the Shoalhaven River Water Source,
(b)
109 ML/year in the Illawarra Rivers Water Source,
(c)
440.7 ML/year in the Upper Nepean and Upstream Warragamba Water Source,
(d)
1,498.5 ML/year in the Hawkesbury and Lower Nepean Rivers Water Source,
(e)
47.5 ML/year in the Southern Sydney Rivers Water Source, and
(f)
5.5 ML/year in the Northern Sydney Rivers Water Source.

24Share components of local water utility access licences

It is estimated that the share components of local water utility access licences authorised to take water from these water sources will total 36,544 ML/year, distributed as follows:

(a)
27,031 ML/year in the Shoalhaven River Water Source,
(b)
0 ML/year in the Illawarra Rivers Water Source,
(c)
8,539 ML/year in the Upper Nepean and Upstream Warragamba Water Source,
(d)
974 ML/year in the Hawkesbury and Lower Nepean Rivers Water Source,
(e)
0 ML/year in the Southern Sydney Rivers Water Source, and
(f)
0 ML/year in the Northern Sydney Rivers Water Source.

25Share components of unregulated river access licences

It is estimated that the share components of unregulated river access licences authorised to take water from these water sources will total 126,591.5 unit shares, distributed as follows:

(a)
10,976.8 unit shares in the Shoalhaven River Water Source,
(b)
2,936.4 unit shares in the Illawarra Rivers Water Source,
(c)
15,540.2 unit shares in the Upper Nepean and Upstream Warragamba Water Source,
(d)
91,984.1 unit shares in the Hawkesbury and Lower Nepean Rivers Water Source,
(e)
3,294 unit shares in the Southern Sydney Rivers Water Source, and
(f)
1,860 unit shares in the Northern Sydney Rivers Water Source.

26Share components of major utility access licences

It is estimated that the share components of major utility access licences authorised to take water from these water sources will total 1,032,075 ML/year, distributed as follows:

(a)
329,000 ML/year in the Shoalhaven River Water Source,
Note—
329,000 ML/year is solely for Water NSW. This does not include any entitlement of Eraring Energy to interchange up to a maximum of 4,021 ML/year at any time between Lake Yarrunga and Fitzroy Falls, 880 ML/year at any time between Bendeela Pondage and Lake Yarrunga, and up to 10,000 ML/year between Lake Yarrunga and Fitzroy Falls in times of unusually high power demand or failure of generating stations in the state energy grid.
(b)
0 ML/year in the Illawarra Rivers Water Source,
(c)
645,000 ML/year in the Upper Nepean and Upstream Warragamba Water Source,
Note—
645,000 ML/year comprises 620,000 ML/year for Water NSW and 25,000 ML/year for Delta Electricity.
(d)
26,075 ML/year in the Hawkesbury and Lower Nepean Rivers Water Source,
Note—
26,075 ML/year comprises 6,000 ML/year for Water NSW and 20,075 ML/year for Sydney Water Corporation.
(e)
32,000 ML/year in the Southern Sydney Rivers Water Source, and
Note—
32,000 ML/year is for Water NSW.
(f)
0 ML/year in the Northern Sydney Rivers Water Source.

Part 6System operation rules27General

The rules in this Part apply to the Shoalhaven River Water Source, the Upper Nepean and Upper Warragamba Water Source, the Hawkesbury and Lower Nepean Rivers Water Source and the Southern Sydney Rivers Water Source.

Note—

Part 13 allows for amendments to be made to this Part.

28Environmental flow releases in the Shoalhaven River Water Source(1)

In the Shoalhaven River Water Source:

(a)
subject to paragraph (b), daily releases of water must be made over Fitzroy Falls from Fitzroy Falls Reservoir so that by the end of each month, five thirds of the month’s inflows from Wildes Meadow Creek to Fitzroy Falls Reservoir have been released and/or spilt,
(b)
releases under paragraph (a) are not required to be made when Fitzroy Falls Reservoir is spilling at a rate that equals or exceeds the release requirement specified in paragraph (a), and
(c)
for the purpose of this subclause:
- (i)
  the volume of water released must be measured at the Yarrunga Creek at Fitzroy Falls gauge (215234) or at such alternative flow reference points or by such methods as determined in writing by the Minister, and
- (ii)
  inflows from Wildes Meadow Creek to Fitzroy Falls Reservoir must be measured at the Yarrunga Creek at Wildes Meadow gauge (215233) or at such alternative flow reference points or by such methods as determined in writing by the Minister.

(2)

In the Shoalhaven River Water Source, a daily release of water must be made from Tallowa Dam which is equal to:

(a)
the daily inflows to Lake Yarrunga, when the daily inflow is less than or equal to the monthly 80th percentile flow, and
(b)
the monthly 80th percentile flow plus 20% of the difference between daily inflows and the monthly 80th percentile flow when the daily inflow is greater than the monthly 80th percentile flow.

Notes—

1
Lake Yarrunga is the storage created by Tallowa Dam. The monthly 80th percentile flow is estimated at the commencement of this Plan to equate to the flow specified in Column 2 of Table B below for the month specified in Column 1 of Table B. The monthly 80th percentile flow is reassessed periodically in consultation with Water NSW and the Ministerial Corporation.

Table B below shows the monthly 80th percentile flow for Lake Yarrunga.

Table B—monthly 80th percentile flow for Lake Yarrunga

Column 1—Month	Column 2—Monthly flow threshold in megalitres per day (ML/day)
(a)	January	150
(b)	February	161
(c)	March	182
(d)	April	259
(e)	May	298
(f)	June	334
(g)	July	371
(h)	August	332
(i)	September	299
(j)	October	281
(k)	November	256
(l)	December	179

(3)

For the purposes of subclause (2), daily inflows to Lake Yarrunga Reservoir must be measured at the Kangaroo River at Hampden Bridge gauge (215220) and the Shoalhaven River at Fossickers Flat gauge (215207) or at such alternative flow reference points or by such methods as determined in writing by the Minister.

(4)

Releases of water under subclauses (1) and (2) are not required to be made for the respective storage where:

(a)
the release requirements cannot be met due to an emergency situation and the holder of the water supply work approval notifies the Minister in writing within 7 days of becoming aware of the emergency,
(b)
the Minister is satisfied that the release requirements cannot be met due to water supply work capacity constraints or necessary maintenance, refurbishment or modification work that has the potential to temporarily affect the flow rate or behaviour of water for a period of more than 24 hours and has granted permission in writing,
(c)
the Minister requires an alternate release to be made due to an emergency situation or a maintenance activity and has notified this in writing, or
(d)
the respective storage is spilling at a rate that equals or exceeds the respective release requirement specified in subclauses (1) and (2).

29Releases for Shoalhaven City Council from Tallowa Dam in the Shoalhaven River Water Source(1)

In the Shoalhaven River Water Source, Water NSW must release from Tallowa Dam the water requirements of Shoalhaven City Council in accordance with the former Sydney Catchment Authority and Shoalhaven City Council Raw Water Supply Protocols signed on 5 January 2010 or as subsequently replaced or amended.

Note—

The former Sydney Catchment Authority and Shoalhaven City Council Raw Water Supply Protocols were signed on 5 January 2010 and established the commercial and operational arrangements under which the Sydney Catchment Authority supplies bulk raw water to the Shoalhaven City Council. Water NSW replaced the Sydney Catchment Authority on the commencement of the Water NSW Act 2014.

(2)

Releases of water under subclause (1) are not required to be made where:

(a)
the release requirements cannot be met due to an emergency situation and the holder of the water supply work approval notifies the Minister in writing within 7 days of becoming aware of the emergency,
(b)
the Minister is satisfied that the release requirements cannot be met due to water supply work capacity constraints or necessary maintenance, refurbishment or modification work that has the potential to temporarily affect the flow rate or behaviour of water for a period of more than 24 hours and has granted permission in writing,
(c)
the Minister requires an alternate release to be made due to an emergency situation or a maintenance activity and has notified this in writing, or
(d)
Tallowa Dam is spilling at a rate that equals or exceeds the release requirement under subclause (1).

30Transfer rules from the Shoalhaven River Water Source to the Upper Nepean and Upstream Warragamba Water Source(1)

Water NSW must not commence transferring water from the Shoalhaven River Water Source to the Upper Nepean and Upstream Warragamba Water Source unless:

(a)
the total volume of water in Water NSW storages within these water sources is less than 75% of total storage capacity of those storages, and
(b)
the level of water in Lake Yarrunga is equal to or greater than 55.34 metres.

(2)

Water NSW must cease transferring water from the Shoalhaven River Water Source to the Upper Nepean and Upstream Warragamba Water Source when either:

(a)
the total volume of water in Water NSW’s storages within these water sources is equal to or greater than 80% of total storage capacity of those storages, or
(b)
the level of water in Lake Yarrunga is less than 55.34 metres.

Notes—

1
Water NSW storages referred to in this clause are Cataract Dam, Cordeaux Dam, Upper Cordeaux No. 2 Dam, Upper Cordeaux No. 1 Dam, Avon Dam, Nepean Dam, Woronora Dam, Warragamba Dam, Prospect Reservoir, Wingecarribee Reservoir, Fitzroy Falls Reservoir, Bendeela Pondage, Tallowa Dam, Medlow Dam, Greaves Creek Dam, and Cascade Dams 1, 2 and 3.

2
A level of water of 55.34 metres in Lake Yarrunga equates to 1 metre below Full Supply Level for Tallowa Dam.

3
Total storage capacity and Full Supply Level are defined in the Dictionary.

31Interchange rules for Fitzroy Falls Reservoir and Lake Yarrunga in the Shoalhaven River Water Source

The interchange of water between Fitzroy Falls Reservoir in the Fitzroy Falls Management Zone, Lake Yarrunga in the Lower Kangaroo River Management Zone and the Shoalhaven River Gorge Management Zone in the Shoalhaven River Water Source must be managed in accordance with the following:

(a)
Subject to paragraph (c), Eraring Energy may interchange up to 4,021 megalitres between Fitzroy Falls Reservoir and Lake Yarrunga, provided that the interchange is made in accordance with procedures determined in writing by the Minister. This paragraph does not apply where paragraphs (b) and (d) apply,
Water is interchanged by Eraring Energy between Fitzroy Falls Reservoir and Lake Yarrunga via Bendeela Pondage.
(b)
Eraring Energy may, under conditions of unusually high power demand or in the event of a failure of other power generating stations in the State energy network, interchange up to 10,000 megalitres between Fitzroy Falls Reservoir and Lake Yarrunga, subject to the agreement in writing of Water NSW. This paragraph does not apply where paragraph (d) applies,

(c)
Eraring Energy may divert water for the purpose of electricity generation from Fitzroy Falls Reservoir to Lake Yarrunga, provided that:
- (i)
  any requirements for daily releases under clause 28 (1) are being met, and
- (ii)
  water diverted from Fitzroy Falls Reservoir for the purpose of electricity generation is surplus to the requirements of Water NSW.
This paragraph does not apply where paragraphs (b) and (d) apply,
(d)
in the event that Eraring Energy is required to operate for the purposes of “black start” then it may undertake power generation for the period required to restore the State electrical system, and
Note—
Black start is defined in the Dictionary. Any power generation which occurs under paragraph (d) will be under the direction and control of the National Electricity Market Management Company in accordance with the powers given to it via the National Electricity Code.
(e)
for the purpose of this clause, the volumes of water interchanged or diverted are to be measured in a manner approved in writing by the Minister.

32Environmental flow releases in the Upper Nepean and Upstream Warragamba Water Source(1)

Subject to subclause (12), in addition to the daily release requirement specified in clause 33 (1), a daily release of water must be made from Wingecarribee Reservoir into the Wingecarribee River equal to 3 ML/day.

(2)

The volume of water released under subclause (1) must be measured at the Wingecarribee River at Sheepwash Bridge gauge (212275) or at such alternative flow reference points or by such methods as determined in writing by the Minister.

(3)

In the Upper Nepean and Upstream Warragamba Water Source, daily releases of water must be made from Avon Dam in accordance with the following:

(a)
subject to subclause (12), when the daily inflows into Lake Avon are less than or equal to the 80th percentile daily inflow, a daily release of water which is equal to the daily inflows must be made,
Note—
6.8 ML/day corresponds to the estimated 80th percentile daily inflow.
(b)
subject to subclause (12), when the daily inflows into Lake Avon are greater than the 80th percentile daily inflow, a daily release of water which is equal to the 80th percentile daily flow plus 20% of the daily inflows above the 80th percentile daily inflow must be made,
(c)
for the purposes of paragraphs (a) and (b):
- (i)
  daily inflows into Lake Avon must be calculated by a method approved in writing by the Minister either:
  - (A)
    taking into account flows measured at the Avon River at Summit Tank gauge (2122111) and the Flying Fox No. 3 Creek at Fire Road gauge (2122112), or such alternate flow reference points as determined in writing by the Minister, and an estimate of any other tributary inflows, or
  - (B)
    taking into account changes in water storage levels, net evaporation, other losses and outflows, and
- (ii)
  the volume of water released must be measured in a manner approved in writing by the Minister.

(4)

In the Upper Nepean and Upstream Warragamba Water Source, daily releases of water must be made from Cataract Dam in accordance with the following:

(a)
subject to subclause (12), when the daily inflows into Lake Cataract are less than or equal to the 80th percentile daily inflow, a daily release of water which is equal to the daily inflows must be made,
Note—
14.5 ML/day corresponds to the estimated 80th percentile daily inflow.
(b)
subject to subclause (12), when the daily inflows into Lake Cataract are greater than the 80th percentile daily inflow, a daily release of water which is equal to the 80th percentile daily inflow plus 20% of the inflow volume above the 80th percentile daily inflow must be made,
(c)
for the purposes of paragraphs (a) and (b):
- (i)
  daily inflows into Lake Cataract must be calculated by a method approved in writing by the Minister either:
  - (A)
    taking into account flows measured at the Loddon River at Bulli Appin Road gauge (2122322) and the Cataract River at Corrimal No. 1 gauge (2122323), or such alternative flow reference points as determined in writing by the Minister, and an estimate of any other tributary inflows, or
  - (B)
    taking into account changes in water storage levels, net evaporation, other losses and outflows, and
- (ii)
  the volume of water released must be measured in a manner approved in writing by the Minister.

(5)

In the Upper Nepean and Upstream Warragamba Water Source, daily releases of water must be made from Nepean Dam in accordance with the following:

(a)
subject to subclause (12), when the daily inflows into Lake Nepean are less than or equal to the 80th percentile daily inflow, a daily release of water which is equal to the daily inflows must be made,
Note—
20.1 ML/day corresponds to the estimated 80th percentile daily inflow.
(b)
subject to subclause (12), when the daily inflows into Lake Nepean are greater than the 80th percentile daily inflow, a daily release of water which is equal to the 80th percentile daily inflow plus 20% of the inflow volume above the 80th percentile daily inflow must be made,
(c)
for the purposes of paragraphs (a) and (b):
- (i)
  daily inflows into Lake Nepean must be calculated by a method approved in writing by the Minister either:
  - (A)
    taking into account flows measured at the Nepean River at Nepean Dam gauge (2122051) and the Burke River at Nepean Dam gauge (2122052), or such alternative flow reference points as determined in writing by the Minister, and an estimate of any other tributary inflows, or
  - (B)
    taking into account changes in water storage levels, net evaporation, other losses and outflows, and
- (ii)
  the volume of water released must be measured in a manner approved in writing by the Minister.

(6)

In the Upper Nepean and Upstream Warragamba Water Source, daily releases of water must be made from Cordeaux Dam in accordance with the following:

(a)
subject to subclause (12), when the daily inflows into Lake Cordeaux are less than or equal to the 80th percentile daily inflow, a daily release of water which is equal to the daily inflows must be made,
Note—
4.5 ML/day corresponds to the estimated 80th percentile daily inflow.
(b)
subject to subclause (12), when the daily inflows into Lake Cordeaux are greater than the 80th percentile daily inflow, a daily release of water which is equal to the 80th percentile daily inflow plus 20% of the inflow volume above the 80th percentile daily inflow must be made,
(c)
for the purposes of paragraphs (a) and (b):
- (i)
  daily inflows into Lake Cordeaux must be calculated by a method approved in writing by the Minister either:
  - (A)
    taking into account flows measured at the Goondarrin Creek at Kemira “D” Cast gauge (2122201) and the Sandy Creek at Cordeaux River gauge (2122205), or such alternative flow reference points as determined in writing by the Minister, and an estimate of any other tributary inflows, or
  - (B)
    taking into account changes in water storage levels, net evaporation, other losses and outflows, and
- (ii)
  the volume of water released must be measured in a manner approved in writing by the Minister.

(7)

In the Upper Nepean and Upstream Warragamba Water Source, daily releases of water must be made from Pheasants Nest Weir in accordance with the following:

(a)
subject to subclause (12), a daily release must be made from Pheasants Nest Weir which is equal to:
- (i)
  the volume of water released that day from Avon Dam, Nepean Dam and Cordeaux Dam under subclauses (3), (5) and (6) respectively and clauses 37 (5) and 38 (4), plus
- (ii)
  the volume of water that is equal to:
  - (A)
    daily inflows to the catchment between Pheasants Nest Weir and Avon Dam, Nepean Dam and Cordeaux Dam, when the daily inflow is less than or equal to the 80th percentile daily inflow, or
    Note—
    4.5 ML/day corresponds to the estimated 80th percentile daily inflow to the catchment between Pheasants Nest Weir and Avon Dam, Nepean Dam and Cordeaux Dam.
  - (B)
    the 80th percentile daily inflow into the catchment between Pheasants Nest Weir and Avon Dam, Nepean Dam and Cordeaux Dam plus 20% of the inflow volume above the 80th percentile daily inflow, when the daily inflows are greater than the 80th percentile daily inflow,
(b)
for the purposes of paragraph (a):
- (i)
  travel time, transmission losses and other relevant factors may be taken into account as set out in methods approved in writing by the Minister, for the purpose of calculating the volume to be released from Pheasants Nest Weir under paragraph (a) (i) based on releases made from Avon Dam, Nepean Dam and Cordeaux Dam that day under subclauses (3), (5) and (6) and clauses 37 (5) and 38 (4),
- (ii)
  the inflow volume to the catchment between Pheasants Nest Weir and Avon Dam, Nepean Dam and Cordeaux Dam must be measured by Water NSW in a manner approved in writing by the Minister, and
- (iii)
  the volume of water released must be measured in a manner approved in writing by the Minister.

(8)

In the Upper Nepean and Upstream Warragamba Water Source, daily releases of water must be made from Broughtons Pass Weir in accordance with the following:

(a)
subject to subclause (12), a daily release must be made from Broughtons Pass Weir which is equal to:
- (i)
  the releases made from Cataract Dam that day under subclause (4) and clauses 37 (5) and 38 (4), plus
- (ii)
  the volume of water that is equal to:
  - (A)
    daily inflows to the catchment between Broughtons Pass Weir and Cataract Dam, when the daily inflow is less than or equal to the 80th percentile daily inflow, or
    Note—
    4.4 ML/day corresponds to the estimated 80th percentile daily inflow to the catchment between Broughtons Pass Weir and Cataract Dam.
  - (B)
    the 80th percentile daily inflow into the catchment between Broughtons Pass Weir and Cataract Dam plus 20% of the inflow volume above the 80th percentile daily inflow, when the daily inflows are greater than the 80th percentile daily inflow,
(b)
for the purposes of paragraph (a):
- (i)
  travel time, transmission losses and other relevant factors may be taken into account as set out in methods approved in writing by the Minister, for the purpose of calculating the volume to be released from Broughtons Pass Weir under paragraph (a) (i) based on releases made from Cataract Dam that day under subclause (4) and clauses 37 (5) and 38 (4),
- (ii)
  the inflow volume to the catchment between Broughtons Pass Weir and Cataract Dam shall be calculated by Water NSW by a method approved in writing by the Minister taking into account flows measured at the Cataract River at Broughtons Pass Notch gauge (212230), or such alternative flow reference points as determined in writing by the Minister, and
- (iii)
  the volume of water released must be measured in a manner approved in writing by the Minister.

(9)

Subject to subclause (12), in the Upper Nepean and Upstream Warragamba Water Source, daily releases of water must be made from Lake Lyell in accordance with the following:

(a)
subject to paragraphs (d) and (e), when the daily inflows into Lake Lyell are less than or equal to 13.6 ML/day, a daily release of water which is equal to the daily inflows must be made,
(b)
subject to paragraphs (d) and (e), when the daily inflows into Lake Lyell are greater than 13.6 ML/day, a daily release of water which is equal to 13.6 ML/day plus 25% of the daily inflow volume above 13.6 ML/day must be made,
(c)
subject to paragraph (e), if in any water year a flow of 800 ML/day or more has not occurred for a period of at least one hour at the Coxs River at Lithgow gauge (212011), an annual channel maintenance flow release must be made which is equal to the lesser of:
- (i)
  a release rate of 800 ML/day, or
- (ii)
  the maximum release rate obtainable from the outlet valves when fully open,
for a period of two hours continuously from Lake Lyell in accordance with procedures and a timeframe determined in writing by the Minister,
(d)
releases under paragraphs (a) and (b) are not required to be made when an annual channel maintenance flow release is being made in accordance with paragraph (c),
(e)
releases under paragraphs (a), (b) and (c) are not required to be made when the total active storage in Lake Lyell, Lake Wallace and Thompsons Creek Reservoir is less than 50,000 megalitres,
(f)
when the total active storage in Lake Lyell, Lake Wallace and Thompsons Creek Reservoir has been less than 50,000 megalitres continuously for less than six months, a daily release of water must be made which is equal to the lesser of daily inflows to Lake Lyell and 9.0 ML/day, and
(g)
when the total active storage in Lake Lyell, Lake Wallace and Thompsons Creek Reservoir has been less than 50,000 megalitres continuously for six months or more, a daily release of water must be made which is equal to the lesser of daily inflows to Lake Lyell and 5.0 ML/day.

(10)

For the purposes of subclause (9):

(a)
the volume of water released must be calculated by a method approved in writing by the Minister taking into account flows measured at the Coxs River at Lithgow flow gauge (212011), or such alternative flow reference points as determined in writing by the Minister, and
(b)
daily inflows into Lake Lyell must be calculated by a method approved in writing by the Minister either:
- (i)
  taking into account flows measured at the Coxs River at upstream of Lake Lyell gauge (212058) and Farmers Creek at Mount Walker gauge (212042), or such alternative flow reference points as determined in writing by the Minister, or
- (ii)
  taking into account changes in water storage levels, net evaporation, other losses and outflows.

(11)

Subject to subclause (12), in the Upper Nepean and Upstream Warragamba Water Source a daily release of water must be made from Lake Wallace which is equal to 0.7 ML/day. This release requirement may also be met by water released below the Lake Wallace Dam wall from the Wallerawang Power Station cooling towers.

(12)

Daily releases of water under subclauses (1)–(11) are not required to be made for the respective storage when:

(a)
the release requirements cannot be met due to an emergency situation and the holder of the water supply work approval notifies the Minister in writing within 7 days of becoming aware of the emergency,
(b)
the Minister is satisfied that the release requirements cannot be met due to water supply work capacity constraints or necessary maintenance, refurbishment or modification work that has the potential to temporarily affect the flow rate or behaviour of water for a period of more than 24 hours and has granted permission in writing,
(c)
the Minister requires an alternate release to be made due to an emergency situation or a maintenance activity and has notified this in writing, or
(d)
the respective storage is spilling at a rate that equals or exceeds the respective release requirement specified in subclauses (1)–(11), provided that in the case of Wingecarribee Reservoir, the storage must be spilling at a rate that equals or exceeds the respective release requirements specified in subclause 32 (1) and clause 33 (1).

(13)

In the Upper Nepean and Upstream Warragamba Water Source, daily releases of water must be made from Thompsons Creek Reservoir in accordance with the following:

(a)
between 1 September and 30 April inclusive, a daily release of water must be made which is equal to 0.8 ML/day,
(b)
between 1 May and 31 August inclusive, a daily release of water must be made which is equal to 0.3 ML/day,
(c)
for the purposes of paragraphs (a) and (b), the volume of water released must be calculated by a method approved in writing by the Minister taking into account flows measured at the V Notch Weirs at Thompsons Creek Reservoir, or such alternative flow reference points as determined by the Minister,
(d)
daily releases of water under this subclause are not required to be made when:
- (i)
  the release requirements cannot be met due to an emergency situation and the holder of the water supply work approval notifies the Minister in writing within 7 days of becoming aware of the emergency,
- (ii)
  the Minister is satisfied that the release requirements cannot be met due to water supply work capacity constraints or necessary maintenance, refurbishment or modification work that has the potential to temporarily affect the flow rate or behaviour of water for a period of more than 24 hours and has granted permission in writing,
- (iii)
  the Minister requires an alternate release to be made due to an emergency situation or a maintenance activity and has notified this in writing, or
- (iv)
  Thompsons Creek Reservoir is spilling at a rate that equals or exceeds the respective release requirement under paragraph (a) or (b).

(14)

Subject to subclause (15), the following rules apply to releases by weirs located in the Maldon Weir Management Zone in the Upper Nepean and Upstream Warragamba Water Source:

(a)
a daily release of water must be made from Maldon Weir in the Maldon Weir Management Zone which is equal to the volume of water released in the prior 24-hour period from Pheasants Nest Weir under subclause (7), multiplied by:
- (i)
  1 when the total daily inflows to Cordeaux Dam, Avon Dam and Nepean Dam are greater than the 80th percentile of the total daily inflows to those dams,
- (ii)
  0.9 when the total daily inflows to Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 80th percentile and greater than the 95th percentile of the total daily inflows to those dams, or
  Note—
  The factor 0.9 in the paragraph above accounts for the current best estimate of the natural transmission loss that occurs between Pheasants Nest Weir and Douglas Park Weir respectively when the total daily inflows to Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 80th percentile and greater than the 95th percentile of the total daily inflows to those dams.
- (iii)
  0.8 when the total daily inflows to Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 95th percentile of the total daily inflows to those dams.
  Note—
  The factor 0.8 in the paragraph above accounts for the current best estimate of the natural transmission loss that occurs between Pheasants Nest Weir and Maldon Weir and Douglas Park Weir respectively when the total daily inflows to Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 95th percentile of the total daily inflows to those dams.

(15)

Daily releases of water under subclause (14) are not required to be made when:

(a)
the release requirements cannot be met due to an emergency situation and the holder of the water supply work approval notifies the Minister in writing within 7 days of becoming aware of the emergency,
(b)
the Minister is satisfied that the release requirements cannot be met due to water supply work capacity constraints or necessary maintenance, refurbishment or modification work that has the potential to temporarily affect the flow rate or behaviour of water for a period of more than 24 hours and has granted permission in writing,
(c)
the Minister requires an alternate release to be made due to an emergency situation or a maintenance activity and has notified this in writing,
(d)
the stage of the weir is less than the stage necessary to deliver the required environmental release over the 24-hour period,
(e)
Maldon Weir is spilling at a rate that equals or exceeds the applicable release requirement specified in subclause (14), or
(f)
from Years 1 to 5 of this Plan, the release requirements cannot reasonably be met despite the best endeavours of the holder of the water supply work approval to meet them.

(16)

If Minister determines that any of the release requirements specified in this clause cannot reasonably be met despite the best endeavours of the holder of the water supply work approval to meet them, the Minister is to conduct a review by the end of Year 5 of this Plan of the factors that prevent the release requirements from being met and the ways in which those factors can be addressed, for the purposes of determining how those those factors should be addressed, whether the system operation rules specified in this clause should be amended and/or whether the water supply works specified in this clause require modification in order to pass the required releases.

33Releases for other purposes in the Upper Nepean and Upstream Warragamba Water Source(1)

Subject to subclause (3), in addition to the daily release requirement specified in clause 32 (1), a daily release from Wingecarribee Reservoir into the Wingecarribee River must be made which is equal to 1 ML/day.

(2)

The volume of water released under subclause (1) shall be measured at the Wingecarribee River at Sheepwash Bridge gauge (212275) or at such alternative flow reference points or by such methods as determined in writing by the Minister.

(3)

Daily releases of water under subclause (1) are not required to be made when:

(a)
the release requirements cannot be met due to an emergency situation and the holder of the water supply work approval notifies the Minister in writing within 7 days of becoming aware of the emergency,
(b)
the Minister is satisfied that the release requirements cannot be met due to water supply work capacity constraints or necessary maintenance, refurbishment or modification work that has the potential to temporarily affect the flow rate or behaviour of water for a period of more than 24 hours and has granted permission in writing,
(c)
the Minister requires an alternate release to be made due to an emergency situation or a maintenance activity and has notified this in writing, or
(d)
Wingecarribee Reservoir is spilling at a rate that equals or exceeds the release requirements specified in subclause (1) and clause 32 (1).

34Environmental flow releases in the Hawkesbury and Lower Nepean Rivers Water Source(1)

Subject to subclause (8), a daily release of water must be made from Menangle Weir in the Menangle Weir Management Zone in the Hawkesbury and Lower Nepean River Water Source which is equal to the volume of water released in the prior 24-hour period from Pheasants Nest Weir under clause 32 (7) plus the volume of water released in the prior 24-hour period from Broughtons Pass Weir under clause 32 (8), multiplied by:

(a)
1 when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are greater than the 80th percentile of the total daily inflows to those dams,
(b)
0.9 when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 80th percentile and greater than the 95th percentile of the total daily inflows to those dams, or
Note—
The factor 0.9 in the paragraph above accounts for the current best estimate of the natural transmission loss that occurs between Pheasants Nest Weir and Broughtons Pass Weir and the Menangle Weir Management Zone flow reference point when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 80th percentile and greater than the 95th percentile of the total daily inflows to those dams.
(c)
0.8 when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 95th percentile of the total daily inflows to those dams.
Note—
The factor 0.8 in the paragraph above accounts for the current best estimate of the natural transmission loss that occurs between Pheasants Nest Weir and Broughtons Pass Weir and the Menangle Weir Management Zone flow reference point when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 95th percentile of the total daily inflows to those dams.

(2)

Subject to subclause (8), a daily release of water must be made from Camden Weir in the Camden Weir Management Zone in the Hawkesbury and Lower Nepean River Water Source which is equal to the volume of water released in the prior 24-hour period from Pheasants Nest Weir under clause 32 (7), plus the volume of water released in the prior 24-hour period from Broughtons Pass Weir under clause 32 (8), multiplied by:

(a)
1 when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are greater than the 80th percentile of the total daily inflows to those dams,
(b)
0.878 when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 80th percentile and greater than the 95th percentile of the total daily inflows to those dams, or
Note—
The factor 0.878 in the paragraph above accounts for the current best estimate of the natural transmission loss that occurs between Pheasants Nest Weir and Broughtons Pass Weir and the Camden Weir Management Zone flow reference point when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 80th percentile and greater than the 95th percentile of the total daily inflows to those dams.
(c)
0.761 when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 95th percentile of the total daily inflows to those dams.
Note—
The factor 0.761 in the paragraph above accounts for the current best estimate of the natural transmission loss that occurs between Pheasants Nest Weir and Broughtons Pass Weir and the Camden Weir Management Zone flow reference point when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 95th percentile of the total daily inflows to those dams.

(3)

Subject to subclause (8), a daily release of water must be made from Sharpes Weir in the Sharpes Weir Management Zone in the Hawkesbury and Lower Nepean River Water Source which is equal to the volume of water released in the prior 24-hour period from Pheasants Nest Weir under clause 32 (7), plus the volume of water released in the prior 24-hour period from Broughtons Pass Weir under clause 32 (8), multiplied by:

(a)
1 when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are greater than the 80th percentile of the total daily inflows to those dams,
(b)
0.871 when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 80th percentile and greater than the 95th percentile of the total daily inflows to those dams, or
Note—
The factor 0.871 in the paragraph above accounts for the current best estimate of the natural transmission loss that occurs between Pheasants Nest Weir and Broughtons Pass Weir and the Sharpes Weir Management Zone flow reference point when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 80th percentile and greater than the 95th percentile of the total daily inflows to those dams.
(c)
0.748 when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 95th percentile of the total daily inflows to those dams.
Note—
The factor 0.748 in the paragraph above accounts for the current best estimate of the natural transmission loss that occurs between Pheasants Nest Weir and Broughtons Pass Weir and the Sharpes Weir Management Zone flow reference point when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 95th percentile of the total daily inflows to those dams.

(4)

Subject to subclause (8), a daily release of water must be made from Cobbity Weir in the Cobbity Weir Management Zone in the Hawkesbury and Lower Nepean River Water Source which is equal to the volume of water released in the prior 24-hour period from Pheasants Nest Weir under clause 32 (7), plus the volume of water released in the prior 24-hour period from Broughtons Pass Weir under clause 32 (8), multiplied by:

(a)
1 when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are greater than the 80th percentile of the total daily inflows to those dams,
(b)
0.863 when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 80th percentile and greater than the 95th percentile of the total daily inflows to those dams, or
Note—
The factor 0.863 in the paragraph above accounts for the current best estimate of the natural transmission loss that occurs between Pheasants Nest Weir and Broughtons Pass Weir and the Cobbity Weir Management Zone flow reference point when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 80th percentile and greater than the 95th percentile of the total daily inflows to those dams.
(c)
0.734 when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 95th percentile of the total daily inflows to those dams.
Note—
The factor 0.734 in the paragraph above accounts for the current best estimate of the natural transmission loss that occurs between Pheasants Nest Weir and Broughtons Pass Weir and the Cobbity Weir Management Zone flow reference point when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 95th percentile of the total daily inflows to those dams.

(5)

Subject to subclause (8), a daily release of water must be made from Mount Hunter Rivulet Weir in the Mount Hunter Rivulet Weir Management Zone in the Hawkesbury and Lower Nepean River Water Source which is equal to the volume of water released in the prior 24-hour period from Pheasants Nest Weir under clause 32 (7), plus the volume of water released in the prior 24-hour period from Broughtons Pass Weir under clause 32 (8), multiplied by:

(a)
1 when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are greater than the 80th percentile of the total daily inflows to those dams,
(b)
0.858 when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 80th percentile and greater than the 95th percentile of the total daily inflows to those dams, or
Note—
The factor 0.858 in the paragraph above accounts for the current best estimate of the natural transmission loss that occurs between Pheasants Nest Weir and Broughtons Pass Weir and the Mount Hunter Rivulet Weir Management Zone flow reference point when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 80th percentile and greater than the 95th percentile of the total daily inflows to those dams.
(c)
0.726 when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 95th percentile of the total daily inflows to those dams.
Note—
The factor 0.726 in the paragraph above accounts for the current best estimate of the natural transmission loss that occurs between Pheasants Nest Weir and Broughtons Pass Weir and the Mount Hunter Rivulet Weir Management Zone flow reference point when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 95th percentile of the total daily inflows to those dams.

(6)

Subject to subclause (8), a daily release of water must be made from Brownlow Hill Weir in the Brownlow Hill Weir Management Zone in the Hawkesbury and Lower Nepean River Water Source which is equal to the volume of water released in the prior 24-hour period from Pheasants Nest Weir under clause 32 (7), plus the volume of water released in the prior 24-hour period from Broughtons Pass Weir under clause 32 (8), multiplied by:

(a)
1 when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are greater than the 80th percentile of the total daily inflows to those dams,
(b)
0.856 when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 80th percentile and greater than the 95th percentile of the total daily inflows to those dams, or
Note—
The factor 0.856 in the paragraph above accounts for the current best estimate of the natural transmission loss that occurs between Pheasants Nest Weir and Broughtons Pass Weir and the Brownlow Hill Weir Management Zone flow reference point when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 80th percentile and greater than the 95th percentile of the total daily inflows to those dams.
(c)
0.721 when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 95th percentile of the total daily inflows to those dams.
Note—
The factor 0.721 in the paragraph above accounts for the current best estimate of the natural transmission loss that occurs between Pheasants Nest Weir and Broughtons Pass Weir and the Brownlow Hill Weir Management Zone flow reference point when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 95th percentile of the total daily inflows to those dams.

(7)

Subject to subclause (8), a daily release of water must be made from Theresa Park Weir in the Theresa Park Weir Management Zone in the Hawkesbury and Lower Nepean River Water Source which is equal to the volume of water released in the prior 24-hour period from Pheasants Nest Weir under clause 32 (7), plus the volume of water released in the prior 24-hour period from Broughtons Pass Weir under clause 32 (8), multiplied by:

(a)
1 when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are greater than the 80th percentile of the total daily inflows to those dams,
(b)
0.837 when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 80th percentile and greater than the 95th percentile of the total daily inflows to those dams, or
Note—
The factor 0.837 in the paragraph above accounts for the current best estimate of the natural transmission loss that occurs between Pheasants Nest Weir and Broughtons Pass Weir and the Theresa Park Weir Management Zone flow reference point when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 80th percentile and greater than the 95th percentile of the total daily inflows to those dams.
(c)
0.687 when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 95th percentile of the total daily inflows to those dams.
Note—
The factor 0.687 in the paragraph above accounts for the current best estimate of the natural transmission loss that occurs between Pheasants Nest Weir and Broughtons Pass Weir and the Theresa Park Weir Management Zone flow reference point when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 95th percentile of the total daily inflows to those dams.

(8)

Daily releases of water under subclauses (1)–(7) are not required to be made for the respective weir when:

(a)
the release requirements cannot be met due to an emergency situation at that weir or an upstream weir and the holder of the water supply work approval notifies the Minister in writing within 7 days of becoming aware of the emergency,
(b)
the Minister is satisfied that the release requirements cannot be met due to water supply work capacity constraints or necessary maintenance, refurbishment or modification work, at that weir or an upstream weir, that has the potential to temporarily affect the flow rate or behaviour of water for a period of more than 24 hours and has granted permission in writing,
(c)
the Minister requires an alternate release to be made due to an emergency situation or a maintenance activity at that weir or an upstream weir and has notified this in writing,
(d)
the stage of the weir is less than the stage necessary to deliver the required environmental release at that weir or an upstream weir over the 24-hour period, or
(e)
the respective weir is spilling at a rate that equals or exceeds the respective release requirement specified in subclause (1)–(7), or
(f)
from Years 1 to 5 of this Plan, the release requirements cannot reasonably be met despite the best endeavours of the holder of the water supply work approval to meet them.

(9)

Subject to subclause (10), a daily release of water must be made from Wallacia Weir in the Wallacia Weir Management Zone in the Hawkesbury and Lower Nepean River Water Source which is equal to the volume of water released in the prior 24-hour period from Pheasants Nest Weir under clause 32 (7), plus the volume of water released in the prior 24-hour period from Broughtons Pass Weir under clause 32 (8), multiplied by:

(a)
1 when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are greater than the 80th percentile of the total daily inflows to those dams,
(b)
0.810 when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 80th percentile and greater than the 95th percentile of the total daily inflows to those dams, or
Note—
The factor 0.810 in the paragraph above accounts for the current best estimate of the natural transmission loss that occurs between Pheasants Nest Weir and Broughtons Pass Weir and the Wallacia Weir Management Zone flow reference point when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 80th percentile and greater than the 95th percentile of the total daily inflows to those dams.
(c)
0.640 when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 95th percentile of the total daily inflows to those dams.
Note—
The factor 0.640 in the paragraph above accounts for the current best estimate of the natural transmission loss that occurs between Pheasants Nest Weir and Broughtons Pass Weir and the Wallacia Weir Management Zone flow reference point when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 95th percentile of the total daily inflows to those dams.

(10)

Daily releases of water under subclause (9) are not required to be made when:

(a)
the release requirements cannot be met due to an emergency situation at that weir or an upstream weir and the holder of the water supply work approval notifies the Minister in writing within 7 days of becoming aware of the emergency,
(b)
the Minister is satisfied that the release requirements cannot be met due to water supply work capacity constraints or necessary maintenance, refurbishment or modification work, at that weir or an upstream weir, that has the potential to temporarily affect the flow rate or behaviour of water for a period of more than 24 hours and has granted permission in writing,
(c)
the Minister requires an alternate release to be made due to an emergency situation or a maintenance activity at that weir or an upstream weir and has notified this in writing,
(d)
the stage of the weir is less than the stage necessary to deliver the required environmental release at that weir or an upstream weir over the 24-hour period, or
(e)
Wallacia Weir is spilling at a rate that equals or exceeds the applicable release requirement specified in subclause (9), or
(f)
from Years 1 to 5 of this Plan, the release requirements cannot reasonably be met despite the best endeavours of the holder of the water supply work approval to meet them.

(11)

If the Minister determines that any of the release requirements specified in this clause cannot reasonably be met despite the best endeavours of the holder of the water supply work approval to meet them, the Minister is to conduct a review by the end of Year 5 of this Plan of the factors that prevent the release requirements from being met and the ways in which those factors can be addressed, for the purposes of determining how those those factors should be addressed, whether the system operation rules specified in this clause should be amended and/or whether the water supply works specified in this clause require modification in order to pass the required releases.

35Releases for environmental and town water supply purposes in the Hawkesbury and Lower Nepean Rivers Water Source(1)

Subject to subclause (4), in addition to the release requirements specified in subclause (2), a daily release of water for water supply from the Warragamba Pipeline into Megarritys Creek in the Warragamba River Management Zone must be made which is equal to:

(a)
25 ML/day from 1 November to 31 March, and
(b)
17 ML/day from 1 April to 31 October.

Note—

25 ML/day and 17 ML/day are the additional water requirements of Sydney Water Corporation to meet estimated summer and winter demands respectively for water taken by Sydney Water Corporation under its access licence for the Upper Hawkesbury River (Grose River to South Creek) Management Zone to provide for North Richmond’s water supply.

- (i)
  an access licence dealing results in water under the licence being taken from a different location,
- (ii)
  an alternative water supply is obtained, or
- (iii)
  the licence is surrendered or cancelled or its purpose ceases to exist,
(d)
remove a local water utility access licence, an unregulated river (subcategory “town water supply”) access licence or former Water Act 1912 entitlement from clause 2 of Schedule 2 if the Minister is satisfied that the water supply system used to extract, store and deliver water has undergone major augmentation since the commencement of this Plan,
(e)
add a new access licence to clause 2 of Schedule 2, provided that the Minister is satisfied that the access licence is for the purpose of power generation and that purpose was specified on, or referred to in the conditions of, the former Water Act 1912 entitlement that the access licence replaced on commencement of this Plan, and/or
(f)
remove an access licence from clause 2 of Schedule 2.

(3)

Schedule 2 may be deleted if the Minister is satisfied that it is no longer required.

(4)

Schedule 3 may be amended to do any of the following:

(a)
remove an access licence or former Water Act 1912 entitlement from Schedule 3, or
(b)
add an access licence to Schedule 3.

(5)

Schedule 3 may be deleted if the Minister is satisfied that it is no longer required.

82Other(1)

This Plan may be amended to provide for the management of floodplain harvesting within these water sources.

(2)

This Plan may be amended to provide for the shepherding of water.

(3)

This Plan may be amended to incorporate new release rules for Warragamba Dam, to provide for the passage of those releases and to establish new access rules following a decision by the NSW Government on the requirements for releases from Warragamba Dam for environmental and other purposes.

(4)

This Plan may be amended to include rules to provide for any new category or subcategory of access licence established for the purpose of stormwater harvesting.

(5)

This Plan may be amended to provide rules for the interception of runoff from land before it reaches a stream by plantations or other means.

(6)

This Plan may be amended to allow for the granting of aquifer interference approvals and the management of aquifer interference activities.

(7)

This Plan may be amended to secure water savings associated with the Commonwealth of Australia and NSW Government Hawkesbury-Nepean River Recovery Project.

(8)

This Plan may be amended to include or amend rules in relation to record-keeping. This includes amendments in relation to requirements for Logbooks following the installation of meters with telemetry.

(9)

Consequential amendments may be made to this Plan as a result of an amendment to the Act or regulations.

(10)

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 salt interception schemes.

(11)

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.

(12)

This Plan may be amended after Year 5 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)
restrict the granting and amending of water supply work approvals to protect water-dependent Aboriginal cultural assets,
(c)
amend the dealing rules to protect water-dependent Aboriginal cultural assets.

(13)

Any amendment under subclause (12) will take into account the socio-economic impacts of the proposed change and the environmental water requirements of the water source.

(14)

Before making an amendment pursuant to subclause (12) the Minister should consult with relevant Government agencies and stakeholders.

Schedule 1Dictionary

Aboriginal person has the same meaning as it has in the Aboriginal Land Rights Act 1983.

alluvial sediments means unconsolidated fluvio-lacustrine sediments.

approved EPA Act development means:

(a)
a project approved under Part 3A of the Environmental Planning and Assessment Act 1979 (whether before or after its repeal), or
(b)
State significant development authorised by a development consent under Part 4 of that Act, or
(c)
State significant infrastructure approved under Part 5.1 of that Act.

black start means the provision of electricity to the national grid by Eraring Energy in order to restore operation of the electricity system in the event of a partial or complete shutdown of coal-fired power stations, and the subsequent power outages.

dead storage means the portion of a water storage capacity that is equal to the volume of water below the level of the lowest outlet (the minimum supply level). This water cannot be accessed under normal operating conditions.

divert means the transfer of water by artificial means from one storage to another by a route which differs from the route the water otherwise would have taken.

fractured rock means sedimentary, igneous and metamorphic rocks with fractures, joints, bedding planes and cavities in the rock mass that are capable of transmitting water.

full containment volume means the volume of water that is impounded in the pool, lagoon or lake when the level of water in the pool, lagoon or lake is at the high water mark.

Full Supply Level means the normal maximum operating water level of a water storage when not affected by floods. This water level usually corresponds to the spillway water level or 100% capacity.

grazeable area means, for an individual landholding, the area of pasture in hectares for a pasture type that is accessible for stock grazing and able to grow appropriate vegetation for stock grazing, but does not include impervious surfaces (such as rocks or rocky terrain, man-made structures, mines or quarries) or other such surfaces that do not support grazing vegetation such as water bodies and forested floors with no undergrowth.

individual daily extraction limit (IDEL) is the volume of water that may be extracted by an individual access licence from an unregulated river on a daily basis from a particular flow class.

in-river dam means a dam located in a river.

in-river dam pool means the area of water immediately upstream of an in-river dam where the river has pooled as a result of an in-river dam.

in-river pool means a natural pool, lagoon or lake that is within a river or stream (regardless of stream size) and excludes:

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

interchange means the movement of water from one storage to another, and the return of that water to the original storage by Eraring Energy.

lentic water body means a water source, such as a swamp, bog or marsh where water levels do not experience a corresponding decrease when nearby river water levels decrease.

Logbook, in relation to an access licence or water supply work approval, means a written record, kept in hard copy or electronic form, which accurately records all information required to be kept in relation to the access licence or water supply work approval under the rules of this Plan.

management zone is an area within a water source in which rules particular to that management zone will apply, for example daily extraction limits and restrictions on dealings.

mangrove limit is as defined in the DIPNR Survey of tidal limits and mangrove limits in NSW estuaries 1996 to 2003 (NSW Dept of Commerce, Manly Hydraulics Laboratory).

off-river pool means a natural pool, lagoon or lake that is:

(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.

Plan Map for these water sources has the same meaning as in clause 4 (2) of this Plan.

porous rock means consolidated sedimentary rock containing voids, pores or other openings (such as joints, cleats and/or fractures) which are interconnected, in the rock mass and are capable of transmitting water.

runoff harvesting dam means a dam on a hillside or minor stream which collects and stores rainfall runoff. Minor streams are defined in harvestable rights orders made under section 54 of the Act. For the purposes of this Plan, references to runoff harvesting dams as water supply works include any associated pumps or other works which take water from the dam. For the purpose of clarity, this definition includes dams that are also used to store water diverted into the dam from a river or other source of water.

shepherding means the delivery of a calculated volume of water that was created by non-activation/reduced extraction at a nominated licence location to a more downstream location, after consideration of losses, where it will be made available for extraction or use for the environment.

signal stage is the stage of the weir necessary to deliver a required environmental release over a 24-hour period.

stage of the weir means the current recorded operating level of the reservoir behind the weir.

total active storage means the total volume of water in the water storage minus the volume of dead storage.

total daily extraction limit (TDEL) is the volume of water that may be extracted under access licences from an unregulated river on a daily basis from a particular flow class.

total storage capacity means the entire volume of water contained by the water storage at Full Supply Level; equal to the sum of the active storage capacity plus the dead storage capacity.

transmission losses are any loss of water volume, through natural influences such as evaporation or seepage, which occurs as water travels down a river.

visible flow means continuous downstream movement of water that is perceptible to the eye.

Water Act 1912 entitlement has the same meaning as an entitlement has in clause 2 of Schedule 10 to the Act.

water storage means the water body impounded by a dam, weir or other structure, which is used to regulate and manage river flows in this water source.

wild river means any river or part of a river that has been declared to be a wild river by notification published in the NSW Government Gazette under section 61 of the National Parks and Wildlife Act 1974.

Schedule 2Access licences used to take surface water exempt from environmental flow protection rules1General

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
10SL006794
10SL013070
10SL050391
10SL014409
10SL029684
10SL056510
10SL042316
10SL020207
10SL023413
10SL028407
10SL055237
10SL055238
10SL018329
10SL035240
10SL015258
10SL023611
10SL039000
10SL050710
10SL015269
10SL026074
10SL055154
10SL055264
10SL015751
10SL033017
10SA002505
10SL056161
10SL035501
10SL055832
10SL055893
10SL056319
10SL055951
10SL040496
10SL040822
10SL055153
10SL021519
10SL033762
10SL055148
10SL015021
10SL031389
10SL051617
10SL044687

2Local water utility, major utility and unregulated river (subcategory “town water supply”) access licences

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, major utility access licences or unregulated river (subcategory “town water supply”) access licences on commencement of this Plan
10SL028286
10SL004906
10SL055778
10SL019917
10SL033765
10SL031240
10SL038153
10SL043411
10SL056654
10SL031296
10SL023376
10SL031712
10SA001409
Delta Electricity Water Management Licence
Sydney Catchment Authority Water Management Licence
Sydney Water Corporation Water Management Licence
Water Management Licence Issued to Eraring Energy

Schedule 3Access licences used to take water from lagoons exempt from environmental flow protection rules

This Schedule applies to each access licence which replaces a Water Act 1912 entitlement listed in the table below.

Water Act 1912 entitlements that will be replaced by access licences on commencement of this Plan
10SL055521
10SL023837
10SL027842
10SL034814
10SL043801
10SL047904
10SL050408
10SL055642
10SL056347
10SL014361
10SL018765
10SL046760
10SL056071
10SL035217
10SL055576
10SL007737
10SL056327
10SL017202
10SL045144
10SL055386
10SL055859
10SL056535
10SL022214
10SL022297
10SL022362
10SL022448
10SL027180
10SL028843
10SL029552
10SL029785
10SL039133
10SL047925
10SL055543
10SL055544
10SL055570
10SL055808
10SL056631

Appendix 1Overview of the Plan MapOverview of the Plan Map (WSP016_Version 2), Water Sharing Plan for the Greater Metropolitan Region Unregulated River Water Sources 2011Appendix 2Water Sources covered by this PlanAppendix 3Inspection of the Plan Map

Copies of the Plan Map may be inspected at the following offices:

•
DPI Water
NSW Department of Primary Industries
10 Valentine Avenue
PARRAMATTA NSW 2150
•
DPI Water
NSW Department of Primary Industries
84 Crown Street
WOLLONGONG NSW 2500
•
DPI Water
NSW Department of Primary Industries
5 O’Keefe Street
NOWRA NSW 2541
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DPI Water
NSW Department of Primary Industries
Level 3, 159 Auburn Street
GOULBURN NSW 2580

Appendix 4Access licences subject to the cease to take condition specified in clause 57 (5) of this Plan

It is expected that those 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 applicable Water Act 1912 condition specified in Column 3 imposed as mandatory conditions to give effect to clause 57 (5) of this Plan.

Column 1	Column 2	Column 3
Water Act 1912 entitlements that will be replaced by access licences on commencement of this Plan	Water source	Water Act 1912 conditions
10SL038625	Hawkesbury and Lower Nepean Rivers Water Source	The pump shall not be used when the discharge of the Capertee River at the Glen Davis gauge is less than 10 megalitres per day (such discharge corresponding to a reading on the said gauge of 0.38 metres or such other reading as may be determined from time to time).
10SL056171	Hawkesbury and Lower Nepean Rivers Water Source	The authorised work shall not be used for water supply for environmental rehabilitation (wetland) purposes unless the flow at the gauge on the Hawkesbury River at Penrith Weir exceeds 70 megaltires per day or a height of 1.03 metres on the gauge board.
10SL045224	Hawkesbury and Lower Nepean Rivers Water Source	The authorised work on the Nepean River shall not be used for sand and gravel washing purposes or water supply to augment the supply in Cranebrook Creek when the discharge of the Nepean River at the Penrith Weir gauge is less than 350 megalitres per day (such discharge corresponding to a reading on the said gauge of 1.09 metres or such other reading as may be determined from time to time).
10SL047922	Hawkesbury and Lower Nepean Rivers Water Source	The authorised work on the Nepean Weir shall not be used when the discharge of the Nepean River at the Penrith Weir gauge is less than 170 megalitres per day (such discharge corresponding to a reading on the said gauge of 1.03 metres or such other reading as may be determined from time to time).
10SL055429	Hawkesbury and Lower Nepean Rivers Water Source	The authorised work shall not be used for the purpose of irrigation of the area referred to in this licence or any part thereof, unless the discharge of the Nepean River at Penrith Weir gauging station exceeds 70 megalitres per day. This corresponds to a height of 1.025 metres on the gauge or other such reading as may be determined from time to time.
10SL055550	Hawkesbury and Lower Nepean Rivers Water Source	The authorised work shall not be used for the purpose of irrigation unless the flow in the Nepean River at the Penrith Weir gauging station is less than 70 megalitres per day. This flow corresponds to a height of 1.025 metres on the said gauge..
10SL055443	Hawkesbury and Lower Nepean Rivers Water Source	There is to be no pumping when the flow in the Nepean River at Penrith Weir gauging station is less than 70 megalitres per day. This corresponds to a height of 1.025 metres on the gauge.
10SL055808	Hawkesbury and Lower Nepean Rivers Water Source	The authorised work shall not be used for the purpose of pumping water from the Hawkesbury River into the unnamed lagoon adjoining Yarramundi Lagoon unless flow at the gauge on the Nepean River at the Penrith Weir (gauging station 212201) exceeds 70 ML/day or a gauge height of 1.025m.
10SL055448	Hawkesbury and Lower Nepean Rivers Water Source	There is to be no pumping when the flow in the Nepean River at Penrith Weir gauging station is less than 70 megalitres per day. This corresponds to a height of 1.025 metres on the gauge.
10SL055428	Hawkesbury and Lower Nepean Rivers Water Source	There is to be no pumping when the flow in the Nepean River at Penrith Weir gauging station is less than 70 megalitres per day. This corresponds to a height of 1.025 metres on the gauge.
10SL051410	Upper Nepean and Upstream Warragamba Water Source	The authorised work (pump) shall not be used on Long Swamp Creek for the purpose of irrigation when the discharge of Long Swamp Creek at the Inverary Road gauge is less than 5.0 megalitres per day (such discharge corresponding to a reading on the said gauge of 0.70 metres or such other reading as may be determined from time to time).
10SL055094	Upper Nepean and Upstream Warragamba Water Source	The authorised work shall not be used for the purpose of irrigation unless a minimum flow of 10 megalitres per day is maintained in the Wollondilly River. Such a flow shall be indicated by a reading of 0.38 on a gauge located on the northern side of the of the road crossing over the Wollondilly River being part Lot 210, DP750002, Parish of Baw Baw, County of Argyle.
10SL056626	Upstream Nepean and Upstream Warragamba Water Source	Water must not be taken unless the flow in the Tuglow River at the staff gauge within the licence holder’s property exceeds 3 ML/day.
10SL055667	Illawarra Rivers Water Source	The licensed work shall not be used for the purpose of irrigation unless the flow in Macquarie Rivulet at the 003 Macquarie Rivulet Stream gauge is greater than 6.75 megalitres per day (such discharge corresponding to a reading on the said gauge of 0.3 metres or such other reading as may be determined from time to time).
10SL055668	Illawarra Rivers Water Source	The licensed work shall not be used for the purpose of irrigation unless the flow in Macquarie Rivulet at the 003 Macquarie Rivulet stream gauge is greater than 6.75 metres per day (such discharge corresponding to a reading on the said gauge of 0.3 metres or such other reading as may be determined from time to time).
10SL022716	Illawarra Rivers Water Source	When the discharge of the Minnimurra River at the Browns Lane Road Crossing gauge located on the left bank at the western side of the bridge being Lot 32/751290, Parish of Kiama, County of Camden, falls below 3 megalitres per day (such discharge corresponding to a reading on the said gauge of 0.175 or such other reading as may be determined from time to time) the authorised pump shall not be used for the purpose of irrigation.
10SL022991	Illawarra Rivers Water Source	When the discharge of Minnamurra River at the Jamberoo Bridge Road Crossing gauge located on a tree on the left bank at the western side of the bridge being Lot A, Section 4, DP192098, Parish of Jamberoo, Country of Camden, falls below 3 megalitres per day (such discharge corresponding to a reading on the said gauge of 0.235 or such other reading as may be determined from time to time) the authorised pump shall not be used for the purpose of irrigation.
10SL029808	Illawarra Rivers Water Source	When the discharge of the Minnamurra River at the Browns Lane Road Crossing gauge located on the left bank at the western side of the bridge being Lot 32, DP751290, Parish of Kiama, County of Camden, falls below 3.0 megalitires per day (such discharge corresponding to a reading on the said gauge of 0.175 or such other reading as may be determined from time to time) the authorised pump shall not be used for the purpose of irrigation.

10SL033070	Illawarra Rivers Water Source	When the discharge of the Minnamurra River at the Browns Lane Road Crossing gauge located on the left bank at the western side of the bridge being Lot 32, DP 751290, Parish of Kiama, County of Camden, falls below 3 megalitres per day (such discharge corresponding to a reading on the said gauge of 0.175 or such other reading as may be determined from time to time) the authorised pump shall not be used for the purpose of irrigation.
10SL039501	Illawarra Rivers Water Source	When the discharge of the Minnimurra River at the Jamberoo Bridge Road Crossing gauge located on a tree on the left bank at the western side of the bridge being Lot A, Section 4, DP192098, Parish of Jamberoo, County of Camden, falls below 3 megalitres per day (such discharge corresponding to a reading on the said gauge of 0.235 or such other reading as may be determined from time to time) the authorised pump shall not be used for the purpose of irrigation.
10SL042895	Illawarra Rivers Water Source	When the discharge of the Minnimurra River at the Browns Lane Road Crossing gauge located on the left bank of the western side of the bridge being Lot 32, DP751290, Parish of Kiama, County of Camden, falls below 3 megalitres per day (such discharge corresponding to a reading on the said gauge of 0.175 or such other reading as may be determined from time to time) the authorised pump shall not be used for the purpose of irrigation.
10SL055158	Illawarra Rivers Water Source	When the discharge of the Minnimurra River at the Jamberoo Bridge Road Crossing gauge located on a tree on the left bank at the western side of the bridge being Lot A, Section 4, DP192098, Parish of Jamberoo, County of Camden, falls below 3 megalitres per day (such discharge corresponding to a reading on the said gauge of 0.235 or such other reading as may be determined from time to time) the authorised pump shall not be used for the purpose of irrigation.
10SL055473	Shoalhaven River Water Source	When the discharge of the Bungonia Creek at the Bungonia Creek gauge falls below 1.0 megalitres per day (such discharge corresponding to a reading on the said gauge of 0.24 metres or such other reading as may be determined from time to time), the authorised pump must not be used for the purpose of irrigation.
10SL055469	Shoalhaven River Water Source	The authorised work shall not be used on the Shoalhaven River for the purpose of irrigation when the discharge of the Shoalhaven River at the Warri gauge is less than 48.0 megalitres per day (such discharge corresponding to a reading on the said gauge of 0.523 metres or such other reading as may be determined from time to time).
10SL055732	Shoalhaven River Water Source	The authorised work shall not be used on the Shoalhaven River for the purpose of irrigation when the discharge of the Shoalhaven River at the Warri gauge is less than 48.0 megalitres per day (such discharge corresponding to a reading on the said gauge of 0.523 metres or such other reading as may be determined from time to time).
10SL055779	Shoalhaven River Water Source	The authorised work (pump) shall not be used on Gillamatong Creek for the purpose of irrigation and/or recreation when the discharge of Gillamatong Creek at the SCA staff gauge (located on the right bank at the north end of Lot 3, DP835991) is less than 1.3 megalitres per day (such discharge corresponding to a reading on the said gauge of 0.32 metres or such other reading as may be determined from time to time).
10SL055791	Shoalhaven River Water Source	The authorised pump on the Mongarlowe River shall not be used for irrigation or for the purpose of filling the off-creek storage (authorised by 10SL56526) unless the flow at the gauge on the Mongarlowe River at Monga (gauging station 215007) exceeds 20.0 megalitres/day. This gauge is located on Lot 3, DP836639, Parish of Monga, County of St Vincent.
10SL055340	Shoalhaven River Water Source	The authorised work shall not be used on the Shoalhaven River for the purpose of irrigation when the discharge of the Shoalhaven River at the Kadoona gauge is less than 10.0 megalitres per day (such discharge corresponding to a reading on the said gauge of 0.33 metres or such other reading as may be determined from time to time).
10SL055341	Shoalhaven River Water Source	The authorised work shall not be used on the Shoalhaven River or Boggy Creek for the purpose of irrigation when the discharge of the Shoalhaven River at the Kadoona gauge is less than 10.0 megalitres per day (such discharge corresponding to a reading on the said gauge of 0.33 metres, or such other reading as may be determined from time to time).
10SL055746	Shoalhaven River Water Source	The authorised work shall not be used on the Shoalhaven River for the purpose of irrigation when the discharge of the Shoalhaven River at the Kadoona gauge is less than 10 megalitres per day (such discharge corresponding to a reading on the said gauge of 0.33 metres or such other reading as may be determined from time to time).
10SL055747	Shoalhaven River Water Source	The authorised work shall not be used on the Shoalhaven River for the purpose of irrigation when the discharge of the Shoalhaven River at the Kadoona gauge is less than 10.0 megalitres per day (such discharge corresponding to a reading on the said gauge of 0.33 metres or such other reading as may be determined from time to time).
10SL055767	Shoalhaven River Water Source	The authorised work shall not be used on the Shoalhaven River for the purpose of irrigation when the discharge of the Shoalhaven River at the Kadoona gauge is less than 10.0 megalitres per day (such discharge corresponding to a reading on the said gauge of 0.33 metres or such other reading as may be determined from time to time).

Appendix 5Office

Any notifications that may be required to be made to the Minister, as specified in this Plan can be made to the following office:

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Manager, Water Regulation
DPI Water
NSW Department of Primary Industries
PO Box 3720
PARRAMATTA NSW 2124