Water Sharing Plan for the Hastings Unregulated and Alluvial Water Sources 2019 (NSW)
Case
No judgment structure available for this case.
Water Sharing Plan for the Hastings Unregulated and Alluvial Water Sources 2019
[2019-314]
Status information
Currency of version
Current version for 1 July 2019 to date (accessed 24 September 2019 at 04:06)
Legislation on this site is usually updated within 3 working days after a change to the legislation.
Provisions in force
The provisions displayed in this version of the legislation have all commenced. See Historical Notes
Note—
This Plan ceases to have effect on 1.7.2029—see cl 3.
This Plan ceases to have effect on 1.7.2029—see cl 3.
Editorial note
The Parliamentary Counsel’s Office is progressively updating certain formatting styles in versions of NSW in force legislation published from 29 July 2019. For example, colons are being replaced by em-rules (em-dashes). Text of the legislation is not affected.
The Parliamentary Counsel’s Office is progressively updating certain formatting styles in versions of NSW in force legislation published from 29 July 2019. For example, colons are being replaced by em-rules (em-dashes). Text of the legislation is not affected.
This version has been updated.
Authorisation
This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that is correct under section 45C of the Interpretation Act 1987.
Water Sharing Plan for the Hastings Unregulated and Alluvial Water Sources 2019
[2019-314]
Contents
Water Sharing Plan for the Hastings Unregulated and Alluvial Water Sources 2019
Part 1 Introduction
Note.
Part 12 allows for amendments to be made to this Part.1 Name of Plan
This Plan is the Water Sharing Plan for the Hastings Unregulated and Alluvial Water Sources 2019 (this Plan).
2 Nature and status of Plan
(1) This Plan is made under section 50 of the Water Management Act 2000 (the Act).(2) This Plan is a plan for water sharing and generally deals with the matters set out in sections 20 and 21 of the Act, as well as other sections of the Act.Note.
Where a provision of this Plan is made under another section of the Act, the section is referred to in the notes to this Plan.
3 Commencement
This Plan commences on 1 July 2019.Notes.
1
In accordance with section 43 of the Act, this Plan will have effect for 10 years from 1 July 2019.2
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.
4 Application of Plan
(1) This Plan applies to the following water sources known as the Hastings Unregulated and Alluvial Water Sources (these water sources) within the Mid North Coast Water Management Area—(a) the Hastings Unregulated and Upriver Alluvial Water Sources (the connected water sources) including the—(i) Camden Haven River Water Source,(ii) Coastal Hastings Water Source,(iii) Ellenborough River Water Source,(iv) Forbes River Water Source,(v) Kindee Creek Water Source,(vi) Lake Innes Water Source,(vii) Limeburners Creek Water Source,(viii) Maria River Water Source,(ix) Middle Hastings River Water Source,(x) Mortons Creek Water Source,(xi) Pappinbarra River Water Source,(xii) Queens Lake Water Source,(xiii) Stewarts River Water Source,(xiv) Thone River Water Source,(xv) Upper Hastings River Water Source,(xvi) Watson Taylors Lake Water Source, and(xvii) Wilson River Water Source,(b) the Hastings River Coastal Floodplain Alluvial Groundwater Source.Note.
The Mid North Coast Water Management Area was constituted by Ministerial order made under section 11 of the Act and published in the NSW Government Gazette No 180 on 23 November 2001 at page 9389.(2) These water sources are shown on the Plan Map called Plan Map (WSP038_Version 1) Water Sharing Plan for the Hastings Unregulated and Alluvial Water Sources 2019 (the Plan Map).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 2 and are available on the NSW legislation website.(3) Subject to subclause (5), the connected water sources include all water—(a) occurring naturally on the surface of the ground within the boundaries of the connected water sources shown on the Plan Map, and(b) in rivers, lakes and wetlands within the boundaries of the connected water sources shown on the Plan Map, and(c) contained within all alluvial sediments below the surface of the land within the connected water sources (the upriver alluvial sediments) shown on the Plan Map.(4) Subject to subclause (5), the Hastings River Coastal Floodplain Alluvial Groundwater Source includes all water contained within all alluvial sediments below the surface of the ground within the boundaries of the Hastings River Coastal Floodplain Alluvial Groundwater Source shown on the Plan Map.Note.
Alluvial sediments is defined in the Dictionary.(5) These water sources do not include water—(a) contained within sand formations below the surface of the ground, or(b) contained in any fractured rock or porous rock, orNote.
Fractured rock and porous rock are defined in the Dictionary.(c) occurring naturally on the surface of the ground and occurring in rivers, lakes, estuaries and wetlands downstream of the mangrove limit.Note.
Mangrove limit is defined in the Dictionary.
5 Management zones
(1) For the purposes of this Plan, the following water sources are divided into the following management zones—(a) Camden Haven River Water Source—(i) Camden Haven River Water Source ACDL Management Zone,(ii) Camden Haven River Water Source Non ACDL Management Zone,(b) Coastal Hastings Water Source—(i) Coastal Hastings Tidal Pool Management Zone,(ii) Coastal Hastings Non Tidal Pool Management Zone,(c) Forbes River Water Source—(i) Forbes River Water Source ACDL Management Zone,(ii) Forbes River Water Source Non ACDL Management Zone,(d) Maria River Water Source—(i) Maria River Water Source ACDL Management Zone,(ii) Maria River Water Source Non ACDL Management Zone,(e) Mortons Creek Water Source—(i) Mortons Creek Water Source ACDL Management Zone,(ii) Mortons Creek Water Source Non ACDL Management Zone,(f) Pappinbarra River Water Source—(i) Pappinbarra River Water Source ACDL Management Zone,(ii) Pappinbarra River Water Source Non ACDL Management Zone,(g) Thone River Water Source—(i) Thone River Water Source ACDL Management Zone,(h) Upper Hastings River Water Source—(i) Upper Hastings River Water Source ACDL Management Zone,(ii) Upper Hastings River Water Source Non ACDL Management Zone,(i) Wilson River Water Source—(i) Wilson River Water Source ACDL Management Zone,(ii) Wilson River Water Source Non ACDL Management Zone.Notes.
1
Management zone is defined in the Dictionary.2
ACDL is an abbreviation for access licences (subcategory “Aboriginal community development”).(2) The management zones in subclause (1) are shown on the Plan Map.
6 Extraction management units for these water sources
(1) This Plan establishes the following extraction management units (the EMUs)—(a) Hastings River Catchment Extraction Management Unit, which applies to the water sources specified in item (a) of Column 2 of Table A to this clause,(b) Camden Haven River Catchment Extraction Management Unit, which applies to the water sources specified in item (b) of Column 2 of Table A to this clause,(c) Lake Innes Catchment Extraction Management Unit, which applies to the water sources specified in item (c) of Column 2 of Table A to this clause.(2) The EMUs specified in subclause (1) are shown on the Plan Map.Note.
A long-term average annual extraction limit is established in Part 6 of this Plan for each of the EMUs. The long-term average annual extraction limit determines the maximum volume of water that may be extracted under access licences and pursuant to domestic and stock rights and native title rights from all water sources within the EMU on a long-term average annual basis.Table A — Extraction management units
Coastal Hastings Water Source
Ellenborough River Water Source
Forbes River Water Source
Kindee Creek Water Source
Limeburners Creek Water Source
Maria River Water Source
Middle Hastings River Water Source
Mortons Creek Water Source
Pappinbarra River Water Source
Thone River Water Source
Upper Hastings River Water Source
Wilson River Water Source
Camden Haven River Water Source
Stewarts River Water Source
Queens Lake Water Source
Watson Taylors Lake Water Source
7 Understanding the rules in this Plan
Where appropriate, the provisions of this Plan are given effect by the mandatory conditions on access licences and water supply work approvals contained in Part 11 of this Plan.
8 Interpretation
(1) Words and expressions that are defined in the Dictionary to this Plan have the meaning set out in the Dictionary.(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) The Dictionary and 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 2 Vision, objectives, strategies and performance indicators
Note.
This Part is made in accordance with section 35 (1) of the Act.9 Vision statement
The vision for this Plan is to provide for healthy and enhanced water sources and water-dependent ecosystems and for equitable water sharing among users in these water sources.
10 Acknowledgment
Respect is paid to the traditional owners of this country, who are acknowledged as the first natural resource managers within these water sources.
11 Objectives
The objectives of this Plan are to—(a) protect, preserve, maintain and enhance the important river flow dependent and high priority groundwater-dependent ecosystems of these water sources,Note.
Groundwater-dependent ecosystems is defined in the Dictionary.(b) protect, preserve, maintain and enhance the Aboriginal, cultural and heritage values of these water sources,(c) protect basic landholder rights,(d) manage these water sources to ensure equitable sharing between users,(e) provide opportunities for enhanced market based trading of access licences and water allocations within environmental and system constraints,(f) provide water allocation account management rules which allow sufficient flexibility in water use,(g) contribute to the maintenance of water quality,(h) provide recognition of the connectivity between surface water and groundwater,(i) adaptively manage these water sources, and(j) contribute to the “environmental and other public benefit outcomes” identified under the “Water Access Entitlements and Planning Framework” in the Intergovernmental Agreement on a National Water Initiative (2004) (the NWI).Note.
Under the NWI, water that is provided by NSW to meet agreed environmental and other public benefit outcomes as defined within relevant water plans is to—(a) be given statutory recognition and have at least the same degree of security as water access entitlements for consumptive use and be fully accounted for, and(b) be defined as the water management arrangements required to meet the outcomes sought, including water provided on a rules basis or held as a water access entitlement, and(c) if held as a water access entitlement, potentially 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.
12 Strategies
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.
13 Performance 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) the change in low flow regime,(b) the change in moderate to high flow regime,(c) the change in surface water and groundwater extraction relative to the long-term average annual extraction limits,(d) the change in water quality in these water sources,(e) the change in the ecological condition of these water sources and their dependent ecosystems,(f) the change in the extent to which domestic and stock rights and native title rights requirements have been met,(g) the change in economic benefits derived from water extraction and use,(h) the change in the extent to which water has been made available in recognition of the Aboriginal, cultural and heritage values of these water sources.
Part 3 Bulk access regime
14 Bulk access regime
(1) This Plan establishes a bulk access regime for the extraction of water under access licences in these water sources, having regard to—(a) the environmental water rules established under 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 under Part 10 of this Plan.(2) The bulk access regime for these water sources—(a) recognises and is consistent with the limits on the availability of water set in relation to these water sources contained in Division 1 of Part 6 of this Plan,(b) establishes rules, according to which access licences are to be granted and managed, contained in Parts 7 and 8 of this Plan and available water determinations to be made contained in Division 2 of Part 6 of this Plan,(c) recognises the effect of climatic variability on the availability of water as described in clause 15,(d) establishes rules with respect to the priorities according to which water allocations are to be adjusted as a consequence of any reduction in the availability of water due to an increase in average annual extraction against the long-term average annual extraction limit contained in Division 1 of Part 6 of this Plan,(e) contains provisions with respect to the conditions that must be imposed as mandatory conditions on access licences contained in Division 2 of Part 11 of this Plan, and(f) recognises and is consistent with the water management principles set out in section 5 of the Act.
15 Climatic variability
This Plan recognises the effects of climatic variability on river flow and groundwater levels in these water sources by provisions that—(a) manage the sharing of water in these water sources within the limits of water availability on a long-term average annual basis and the priorities according to which water allocations are to be adjusted as a consequence of any reduction in the availability of water due to an increase in the average annual extraction against the long-term average annual extraction limit, contained in Division 1 of Part 6 of this Plan, and(b) manage the sharing of water in specified water sources on a daily basis in these water sources, contained in Division 2 of Part 8 of this Plan.Note.
Other statutory tools are available to manage for climatic variability within a water source, for example, temporary water restrictions under section 324 of the Act.
Part 4 Planned environmental water provisions
Notes.
1
This Part is made in accordance with sections 8, 8A and 20 of the Act.
2
Part 12 allows for amendments to be made to this Part.
16 General
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.
17 Commitment and identification of planned environmental water
Water is committed and identified as planned environmental water in these water sources in the following ways—(a) by reference to the commitment of the physical presence of water in these water sources,(b) by reference to the long-term average annual commitment of water as planned environmental water,(c) by reference to the water that is not committed after the commitments to basic landholder rights and for sharing and extraction under any other rights have been met.
18 Establishment and maintenance of planned environmental water
(1) Planned environmental water is established in these water sources as follows—(a) it is the physical presence of water—(i) in the connected water sources that results from the access rules specified in Division 2 of Part 8 of this Plan, andNote.
The rules in Division 2 of Part 8 of this Plan for the connected water sources set flow rates or flow levels below which the taking of water is not permitted. Some limited exemptions apply.(ii) in the Hastings River Coastal Floodplain Alluvial Groundwater Source that is equal to 85% of the long-term average annual rainfall recharge in areas that are not high environmental value areas, and 100% of the long-term average annual rainfall recharge in high environmental value areas, andNotes.
1
At the commencement of this Plan the long-term average annual rainfall recharge for the Hastings River Coastal Floodplain Alluvial Groundwater Source is estimated to be 13,076 megalitres per year in those areas that are not high environmental value areas and 7,190 megalitres per year in high environmental value areas.2
High environmental value areas and recharge are defined in the Dictionary.3
Part 12 of this Plan allows for amendments to be made to increase the long-term average annual extraction limit for the Hastings River Coastal Floodplain Alluvial Groundwater Source during the term of this Plan. The maximum allowable increase in the long-term average annual extraction limit would result in a minimum of 75% of long-term average annual rainfall recharge being protected as planned environmental water over the long term in areas that are not high environmental value areas and 100% of long-term average annual rainfall recharge being protected as planned environmental water over the long-term in high environmental value areas.(iii) in the Hastings River Coastal Floodplain Alluvial Groundwater Source that is within the groundwater storage of the Hastings River Coastal Floodplain Alluvial Groundwater Source over the long term,Note.
Groundwater sources generally store large volumes of water, often accumulated over thousands or even tens of thousands of years. The amount of annual recharge is often very small compared to this stored volume. The average annual volume of water permitted to be extracted under the rules in this Plan is less than the average annual recharge of the Hastings River Coastal Floodplain Alluvial Groundwater Source over the long term, ensuring that water within the groundwater storage of the Hastings River Coastal Floodplain Alluvial Groundwater Source is protected from extraction.(b) it is the long-term average annual commitment of water as planned environmental water in—
(i) the connected water sources that results from the application of the long-term average annual extraction limit and compliance rules as specified in Division 1 of Part 6 of this Plan and the available water determination rules as specified in Division 2 of Part 6 of this Plan, and(ii) the Hastings River Coastal Floodplain Alluvial Groundwater Source that is equal to 85% of the long-term average annual rainfall recharge in areas that are not high environmental value areas and 100% of the long-term average annual rainfall recharge in high environmental value areas, and(iii) the Hastings River Coastal Floodplain Alluvial Groundwater Source that is within the groundwater storage of the Hastings River Coastal Floodplain Alluvial Groundwater Source over the long term,(c) it is the water remaining in these water sources after water has been taken pursuant to basic landholder rights and access licences, in accordance with the rules specified in Parts 6 and 8 of this Plan.Note.
The water remaining in the Hastings River Coastal Floodplain Alluvial Groundwater Source over the long term after water has been taken pursuant to basic landholder rights and access licences is equal to the water within the groundwater storage plus all recharge in excess of the long-term average annual extraction limit for the Hastings River Coastal Floodplain Alluvial Groundwater Source.(2) The planned environmental water established under subclause (1) (a) is maintained in—(a) the connected water sources by the rules specified in Division 2 of Part 8 of this Plan, and(b) the Hastings River Coastal Floodplain Alluvial Groundwater Source by the rules specified in Parts 6 and 8 of this Plan.(3) The planned environmental water established under subclause (1) (b) is maintained in these water sources by the application of the long-term average annual extraction limit and compliance rules as specified in Division 1 of Part 6 of this Plan and the available water determinations as specified in Division 2 of Part 6 of this Plan.(4) The planned environmental water established under subclause (1) (c) is maintained in these water sources by the rules specified in Parts 6 and 8 of this Plan.Note.
The rules in Part 6 of this Plan ensure that there will be water remaining in these water sources over the long term by maintaining compliance with the long-term average annual extraction limits. The rules in Part 6 provide for a reduction in available water determinations when the long-term average annual extraction limits have been assessed to have been exceeded.
Part 5 Requirements for water
Division 1 General
19 Application
(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 volumes of water specified in this Part represent the estimated water requirements of persons entitled to basic landholder rights in these water sources and the total volumes or unit shares specified in the share components of all access licences in these water sources. The actual volumes of water available for extraction in these water sources at any time will depend on factors such as climatic variability, access licence priority and the rules in this Plan.(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 6 of this Plan.Note.
The total share components of access licences in these water sources may change during the term of this Plan as a result of—(a) the grant, surrender or cancellation of access licences in these water sources, or(b) the variation of local water utility licences under section 66 of the Act, or(c) changes due to the volumetric conversion of Water Act 1912 entitlements that are currently non-volumetric.
Division 2 Requirements for water for basic landholder rights
20 Domestic and stock rights
At the commencement of this Plan, the water requirements of persons entitled to domestic and stock rights in these water sources are estimated to total 1,598 megalitres per year (ML/year), distributed as follows—(a) 102 ML/year in the Camden Haven River Water Source,(b) 84 ML/year in Coastal Hastings Water Source,(c) 178 ML/year in the Ellenborough River Water Source,(d) 64 ML/year in the Forbes River Water Source,(e) 26 ML/year in the Kindee Creek Water Source,(f) 18 ML/year in the Lake Innes Water Source,(g) 0 ML/year in Limeburners Creek Water Source,(h) 83 ML/year in the Maria River Water Source,(i) 173 ML/year in the Middle Hastings River Water Source,(j) 124 ML/year in the Mortons Creek Water Source,(k) 132 ML/year in the Pappinbarra River Water Source,(l) 39 ML/year in Queens Lake Water Source,(m) 74 ML/year in the Stewarts River Water Source,(n) 86 ML/year in the Thone River Water Source,(o) 156 ML/year in the Upper Hastings River Water Source,(p) 20 ML/year in the Watson Taylors Lake Water Source,(q) 218 ML/year in the Wilson River Water Source,(r) 21 ML/year in the Hastings River Coastal Floodplain Alluvial Groundwater 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. The volumes set out in this clause are separate from any volumes of water licensed for domestic and stock purposes in these water sources.2
Inherent water quality and land use activities may make the water in some areas unsuitable for human consumption. Water from these water sources should not be consumed without first being tested and, if necessary, appropriately treated. Such testing and treatment is the responsibility of the water user.
21 Native title rights
The requirement for water to satisfy native rights is the water that may be taken in the exercise of native title rights in accordance with the Native Title Act 1993 of the Commonwealth, including under any determination of native title.Notes.
1
No determinations of native title in relation to the water sources have been made in accordance with the Native Title Act 1993 of the Commonwealth.2
This Plan provides for its amendment if there is an additional, or change to a, native title determination in accordance with the Native Title Act 1993 of the Commonwealth by which water is required.3
Native title rights may be exercise in accordance with the Native Title Act 1993 of the Commonwealth, including section 211 of that Act.
22 Harvestable rights
The requirement for water under harvestable rights in these water sources is equal to the total amount of water that owners or occupiers of landholdings are entitled to capture and store pursuant to a harvestable rights order made under Division 2 of Part 1 of Chapter 3 of the Act.
Division 3 Requirements for water for extraction under access licences
23 Share components of domestic and stock access licences
It is estimated that at the time of commencement of this Plan the share components of domestic and stock access licences authorised to take water from these water sources total 53 ML/year, distributed as follows—(a) 4 ML/year in the Coastal Hastings Water Source,(b) 3 ML/year in the Ellenborough River Water Source,(c) 3 ML/year in the Lake Innes Water Source,(d) 7 ML/year in the Middle Hastings River Water Source,(e) 11 ML/year in the Pappinbarra River Water Source,(f) 8 ML/year in the Thone River Water Source,(g) 17 ML/year in the Wilson River Water Source,(h) 0 ML/year in all other water sources.
24 Share components of local water utility access licences
It is estimated that at the time of commencement of this Plan the share components of local water utility access licences authorised to take water from these water sources total 23,496 ML/year, distributed as follows—(a) 3,000 ML/year in the Camden Haven River Water Source,(b) 20,375 ML/year in the Middle Hastings River Water Source,(c) 32 ML/year in the Thone River Water Source,(d) 70 ML/year in the Wilson River Water Source,(e) 19 ML/year in the Hastings River Coastal Floodplain Alluvial Groundwater Source,(f) 0 ML/year in all other water sources.
25 Share components of unregulated river access licences
It is estimated that at the time of commencement of this Plan the share components of unregulated river access licences authorised to take water from these water sources total 13,876.5 unit shares, distributed as follows—(a) 1,400 unit shares in the Camden Haven River Water Source,(b) 375 unit shares in the Coastal Hastings Water Source,(c) 980 unit shares in the Ellenborough River Water Source,(d) 87 unit shares in the Forbes River Water Source,(e) 50 unit shares in the Kindee Creek Water Source,(f) 52 unit shares in the Lake Innes Water Source,(g) 0 unit shares in Limeburners Creek Water Source,(h) 201 unit shares in the Maria River Water Source,(i) 2,737 unit shares in the Middle Hastings River Water Source,(j) 691.5 unit shares in the Mortons Creek Water Source,(k) 1,187 unit shares in the Pappinbarra River Water Source,(l) 92 unit shares in Queens Lake Water Source,(m) 1,894 unit shares in the Stewarts River Water Source,(n) 1,786 unit shares in the Thone River Water Source,(o) 384 unit shares in the Upper Hastings River Water Source,(p) 141 unit shares in the Watson Taylors Lake Water Source,(q) 1,819 unit shares in the Wilson River Water Source,(r) 0 shares in the Hastings River Coastal Floudplain Water Source.
26 Share components of unregulated river (high flow) access licences
It is estimated that at the time of commencement of this Plan the share components of unregulated river (high flow) access licences authorised to take water from these water sources total 0 unit shares, distributed as follows—(a) 0 unit shares in the Mortons Creek Water Source,(b) 0 unit shares in the Thone River Water Source,(c) 0 unit shares in the Wilson River Water Source.Note.
The water sources listed above are the only water sources within this Plan area which have been identified as suitable for unregulated river (high flow) access licences. Part 10 of this Plan allows for a specified amount of share components to be converted to unregulated river (high flow) access licences in these water sources. However, at the commencement of this Plan, there are no existing access licences of this category, hence the 0 unit shares indicated.
27 Share components of aquifer access licences
It is estimated that at the time of commencement of this Plan the share components of aquifer access licences authorised to take water from these water sources total 1,239 unit shares, distributed as follows—(a) 1,020 unit shares in the Hastings River Coastal Floodplain Alluvial Groundwater Source,(b) 34 unit shares in the Maria River Water Source,(c) 155 unit shares in the Mortons Creek Water Source,(d) 39 unit shares in the Stewarts River Water Source,(e) 25 unit shares in the Wilson River Water Source,(f) 0 unit shares in all other water sources.
Part 6 Limits to the availability of water
Note.
Part 12 allows for amendments to be made to this Part.Division 1 Long-term average annual extraction limits
28 General
The availability of water for extraction in these water sources on a long-term basis is to be managed in accordance with this Part.
29 Volume of the long-term average annual extraction limits
(1) This clause establishes the long-term average annual extraction limits for each of the EMUs and the Hastings River Coastal Floodplain Alluvial Groundwater Source.(2) Subject to any variation under subclause (5), the long-term average annual extraction limit for the Camden Haven River Catchment Extraction Management Unit is the sum of—(a) the share components of all access licences in the Camden Haven River Catchment Extraction Management Unit, plus(b) the annual water requirements pursuant to domestic and stock rights and native title rights in the Camden Haven River Catchment Extraction Management Unit.(3) Subject to any variation under subclause (5), the long-term average annual extraction limit for the Hastings River Catchment Extraction Management Unit is the sum of—(a) the share components of all access licences in the Hastings River Catchment Extraction Management Unit, plus(b) the annual water requirements pursuant to domestic and stock rights and native title rights in the Hastings River Catchment Extraction Management Unit.(4) The long-term average annual extraction limit for the Lake Innes Catchment Extraction Management Unit is the sum of—(a) the share components of all access licences in the Lake Innes Catchment Extraction Management Unit, plus(b) the annual water requirements pursuant to domestic and stock rights and native title rights in the Lake Innes Catchment Extraction Management Unit.(5) The long-term average annual extraction limits for the Camden Haven River Catchment Extraction Management Unit and the Hastings River Catchment Extraction Management Unit may be varied upon the conversion of access licences from an unregulated river access licence to an unregulated river (high flow) access licence.(6) Any variation made under subclause (5) will result in the long-term average annual extraction limit being reduced by the amount of the cancelled share component of the unregulated river access licence and increased by the amount of the share component of the granted unregulated river (high flow) access licence.(7) The long-term average annual extraction limit for the Hastings River Coastal Floodplain Alluvial Groundwater Source is 1,727 ML/year.Notes.
1
The long-term average annual extraction limit for the Hastings River Coastal Floodplain Alluvial Groundwater Source is equal to current entitlements plus estimated future water requirements for the term of this Plan.2
Part 12 of this Plan allows for the long-term average annual extraction limit for the Hastings River Coastal Floodplain Alluvial Groundwater Source to be increased up to 3,269 ML/year.Note.
Under section 8F of the Act the long-term average annual extraction limit is taken to be varied by the amount of any change to the amount of water committed as licensed environmental water, excluding water committed under section 8C of the Act. Water committed as licensed environmental water is not to be accounted for as extraction. The variation in the long-term average annual extraction limit is to be determined in accordance with a methodology approved by the Minister and published in the Gazette.
30 Calculation of current levels of annual extraction
After each water year, the total volume of water taken during that water year—(a) under all categories of access licences, andmust be calculated for each of the EMUs and the Hastings River Coastal Floodplain Alluvial Groundwater Source.(b) pursuant to domestic and stock rights and native title rights,
31 Assessment of average annual extractions against long-term average annual extraction limits
(1) An assessment of average annual extractions against the long-term average annual extraction limit is to be conducted for each of the EMUs and the Hastings River Coastal Floodplain Alluvial Groundwater Source as set out in this clause.(2) Commencing in the fourth water year in which this Plan has effect, the assessment referred to in subclause (1) must compare the long-term average annual extraction limit established under clause 29 for each of the EMUs and for the Hastings River Coastal Floodplain Alluvial Groundwater Source against the average of the annual extractions in the preceding three water years as calculated under clause 30 for each of the EMUs and the for Hastings River Coastal Floodplain Alluvial Groundwater Source.
32 Compliance with the long-term average annual extraction limits for the EMUs
(1) Compliance with the long-term average annual extraction limit established for each of the EMUs is to be managed in accordance with this clause.(2) Commencing in the fourth water year in which this Plan has effect, if, in the Minister’s opinion, the assessment under clause 31 demonstrates that the average of the annual extractions in any of the EMUs in the preceding three water years has exceeded the long-term average annual extraction limit established under clause 29 for each of the EMUs by 5% or more, then available water determinations for unregulated river access licences, unregulated river (high flow) access licences and aquifer access licences in that EMU are to be reduced for the following water year in accordance with subclause (3).(3) The reduction under subclause (2) is to be of an amount that is, in the Minister’s opinion, necessary to return the long-term average annual extraction in the respective EMU to the long-term average annual extraction limit for that EMU established under this Part.
33 Compliance with the long-term average annual extraction limit for the Hastings River Coastal Floodplain Alluvial Groundwater Source
(1) Compliance with the long-term average annual extraction limit established for the Hastings River Coastal Floodplain Alluvial Groundwater Source is to be managed in accordance with this clause.(2) Commencing in the fourth water year in which this Plan has effect, if, in the Minister’s opinion, the assessment under clause 31 demonstrates that the average of the annual extractions in the Hastings River Coastal Floodplain Alluvial Groundwater Source in the preceding three water years has exceeded the long-term average annual extraction limit established under clause 29 for the Hastings River Coastal Floodplain Alluvial Groundwater Source by 5% or more, then the available water determinations for aquifer access licences in that water source are to be reduced in accordance with subclause (3).(3) The reduction under subclause (2) is to be of an amount that is, in the Minister’s opinion, necessary to return the average annual extractions in the Hastings River Coastal Floodplain Alluvial Groundwater Source to the long-term average annual extraction limit for that water source established under this Part.
Division 2 Available water determinations
34 General
(1) Available water determinations for access licences with share components that specify any one of these water sources are to be expressed as either—(a) a percentage of the share component for access licences where share components are specified as ML/year, or(b) megalitres per unit share for access licences where share components are specified as a number of unit shares.(2) Subject to subclause (3), the sum of available water determinations made for any access licence with a share component that specifies one of these water sources must not, in any water year, exceed—(a) 100% of the access licence share component, or such lower amount that is determined under Division 1 of this Part, for all access licences where share components are specified as ML/year, or(b) 1 megalitre (ML) per unit share of the access licence share component, or such lower amount that is determined under Division 1 of this Part, for all access licences where share components are specified as a number of unit shares.(3) For the first water year in which this Plan has effect, subclause (2) does not apply to access licences with a share component that specifies one of the connected water sources.
35 Available water determinations for the connected water sources made at the commencement of this Plan
(1) In making available water determinations for the connected water sources at the commencement of this Plan, the Minister should consider the rules in this clause.(2) At the commencement of this Plan, the following available water determinations should be made for access licences with a share component that specifies one of the connected water sources—
(a) 200% of the access licence share component for domestic and stock access licences,(b) 200% of the access licence share component for local water utility access licences,(c) 2 ML per unit of share component for unregulated river access licences,(d) 2 ML per unit of share component for unregulated river (high flow) access licences,(e) 2 ML per unit of share component for aquifer access licences.
36 Available water determinations for the connected water sources made after the first water year of this Plan
(1) In making available water determinations for the connected water sources after the first water year in which this Plan has effect, the Minister should consider the rules in this clause.(2) At the commencement of each water year after the first water year in which this Plan has effect, unless a lower amount is determined under Division 1 of this Part, the following available water determinations should be made for access licences with a share component that specifies one of the connected water sources—(a) 100% of the access licence share component for domestic and stock access licences,(b) 100% of the access licence share component for local water utility access licences,(c) 1 ML per unit of share component for unregulated river access licences,(d) 1 ML per unit of share component for unregulated river (high flow) access licences,(e) 1 ML per unit of share component for aquifer access licences.Note.
Division 1 of this Part provides for available water determinations for unregulated river access licences, unregulated river (high flow) access licences and aquifer access licences to be reduced where the long-term average annual extraction limit for the respective EMU has been assessed to have been exceeded, as per clauses 31 and 32.
37 Available water determinations for the Hastings River Coastal Floodplain Alluvial Groundwater Source
(1) In making available water determinations for the Hastings River Coastal Floodplain Alluvial Groundwater Source, the Minister should consider the rules in this clause.(2) At the commencement of this Plan and at the commencement of each water year after the first water year in which this Plan has effect, unless a lower amount is determined under Division 1 of this Part, the following available water determinations should be made for access licences with a share component that specifies the Hastings River Coastal Floodplain Alluvial Groundwater Source—(a) 100% of the access licence share component for domestic and stock access licences,(b) 100% of the access licence share component for local water utility access licences,(c) 1 ML per unit of share component for aquifer access licences,Note.
Division 1 of this Part provides for available water determinations for aquifer access licences to be reduced where the long-term average annual extraction limit for the Hastings River Coastal Floodplain Alluvial Groundwater Source has been assessed to have been exceeded, as per clauses 31 and 33.
Part 7 Rules for granting access licences
Notes.
1
This Part is made in accordance with sections 20, 61 and 63 of the Act.
2
Access licences granted in these water sources will be subject to mandatory conditions and may be subject to discretionary conditions.
3
Part 12 of this Plan allows for amendments to be made to this Part.
38 Specific purpose access licences
Note.
Section 61 of the Act allows for the granting of specific purpose access licences under the regulations and the relevant water sharing plan. Only those specific purpose access licences listed in clause 10 of the Water Management (General) Regulation 2011 can be granted under the regulations. The licences that may be applied for under subclauses (2) and (4) are in addition to applications for the categories and subcategories of specific purpose access licences that may be made in accordance with clause 10 of the Water Management (General) Regulation 2011.(1) A specific purpose access licence must not be granted in these water sources unless the Minister is satisfied that the share and extraction component of the access licence is the minimum required to meet the circumstances in which the access licence is proposed to be used.(2) Subject to subclause (3), applications may be made for an aquifer (subcategory “Aboriginal community development”) access licence for the taking of water from the Hastings River Coastal Floodplain Alluvial Groundwater Source.(3) An aquifer (subcategory “Aboriginal community development”) access licence must not be granted in the Hastings River Coastal Floodplain Alluvial Groundwater Source if the granting of the access licence would cause the total of the share components of access licences of the subcategory “Aboriginal community development” in the Hastings River Coastal Floodplain Alluvial Groundwater Source to exceed 34 ML/year.(4) Subject to subclause (5), applications may be made for an unregulated river (subcategory “Aboriginal community development”) access licence for the taking of water from the following management zones—(a) Camden Haven River ACDL Management Zone in the Camden Haven River Water Source,(b) Forbes River Water Source ACDL Management Zone in the Forbes River Water Source,(c) Maria River Water Source ACDL Management Zone in the Maria River Water Source,(d) Mortons Creek Water Source ACDL Management Zone in the Mortons Creek Water Source,(e) Pappinbarra River Water Source ACDL Management Zone in the Pappinbarra River Water Source,(f) Thone River Water Source ACDL Management Zone in the Thone River Water Source,(g) Upper Hastings River Water Source ACDL Management Zone in the Upper Hastings River Water Source,(h) Wilson River Water Source ACDL Management Zone in the Wilson River Water Source.(5) An unregulated river (subcategory “Aboriginal community development”) access licence must not be granted if the granting of the access licence would cause the total of the share components of access licences of the subcategory “Aboriginal community development” to exceed—(a) 330 ML/year in the Camden Haven River ACDL Management Zone in the Camden Haven River Water Source, or(b) 500 ML/year in the Forbes River Water Source ACDL Management Zone in the Forbes River Water Source, or(c) 500 ML/year in the Maria River Water Source ACDL Management Zone in the Maria River Water Source, or(d) 132 ML/year in the Mortons Creek Water Source ACDL Management Zone in the Mortons Creek Water Source, or(e) 180 ML/year in the Pappinbarra River Water Source ACDL Management Zone in the Pappinbarra River Water Source, or(f) 210 ML/year in the Thone River Water Source ACDL Management Zone in the Thone River Water Source, or(g) 500 ML/year in the Upper Hastings River Water Source ACDL Management Zone in the Upper Hastings River Water Source, or(h) 500 ML/year in the Wilson River Water Source ACDL Management Zone in the Wilson River Water Source.Note.
An access licence of the subcategory “Aboriginal community development” is a specific purpose access licence and as such can only be the subject of limited trade that is consistent with the purpose for which the licence was granted. Aboriginal communities, enterprises and individuals are encouraged to seek financial assistance from funding bodies to purchase other categories of access licence if they require fully tradeable licences.(6) Applications may not be made for an access licence of the subcategory “Aboriginal cultural” if the share component of the proposed access licence is more than 10 ML/year.(7) An access licence of the subcategory “Aboriginal cultural” may only be granted for the taking of water by an Aboriginal person or Aboriginal community for any personal, domestic or communal purpose, including drinking, food preparation, washing, manufacturing traditional artefacts, watering domestic gardens, cultural teaching, hunting, fishing, gathering and for recreational, cultural and ceremonial purposes.Note.
Aboriginal person is defined in the Dictionary.
39 Granting of access licences as a result of controlled allocation
The Minister may grant an access licence where the right to apply for the licence has been acquired in a manner prescribed by an order made under section 65 of the Act.
Part 8 Rules for managing access licences
Notes.
1
Part 12 of this Plan allows for amendments to be made to this Part.
2
The Act provides for the keeping of water allocation accounts for access licences. The rules in this Part impose further restrictions on the volume of water that may be taken under an access licence over a specified period of time. These restrictions are in addition to any other limits on access licences for the taking of water. It is an offence under the Act to take water under an access licence for which there is no or insufficient water allocation.
Division 1 Water allocation account management rules
40 Individual access licence account management rules for the connected water sources
(1) The rules in this clause apply to the taking of water under an access licence with a share component that specifies one of the connected water sources.(2) For the period of the first three water years in which this Plan has effect, water taken under an access licence must not exceed a volume equal to—(a) 50% of the water allocations accrued to the water allocation account for the access licence from available water determinations in the first water year, plus(b) the sum of water allocations accrued to the water allocation account for the access licence from available water determinations in the second and third water years, plus(c) the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act in those three water years, plus(d) any water allocations recredited to the water allocation account for the access licence in accordance with section 76 of the Act in those three water years.(3) For the period of any three consecutive water years after the first water year in which this Plan has effect, water taken under an access licence must not exceed a volume equal to the lesser of—(a) the sum of—(i) water allocations accrued to the water allocation account for the access licence from available water determinations in those three water years,(ii) the water allocations carried over in the water allocation account for the access licence from the water year prior to those three water years under subclause (4),(iii) the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act in those three water years, and(iv) any water allocations recredited to the water allocation account for the access licence in accordance with section 76 of the Act in those three water years, or(b) the sum of—(i) the share component of the access licence at the beginning of the first of those three water years,(ii) the share component of the access licence at the beginning of the second of those three water years,(iii) the share component of the access licence at the beginning of the third of those three water years,(iv) the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act in those three water years, and(v) any water allocations recredited to the water allocation account for the access licence in accordance with section 76 of the Act in those three water years.(4) The maximum water allocation that can be carried over from one water year to the next in the water allocation account for an access licence is equal to—(a) 100% of the access licence share component for access licences with share components expressed as ML/year, or(b) 1 ML per unit share of the access licence share component for access licences with share components expressed as a number of unit shares.
41 Individual access licence account management rules for the Hastings River Coastal Floodplain Alluvial Groundwater Source
(1) The rules in this clause apply to the taking of water under an access licence with a share component that specifies the Hastings River Coastal Floodplain Alluvial Groundwater Source.(2) In any water year in which this Plan has effect, water taken under an access licence must not exceed a volume equal to the sum of—(a) water allocations accrued to the water allocation account for the access licence from available water determinations in that water year, plus(b) the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act in that water year, and(c) any water allocations recredited to the water allocation account for the access licence in accordance with section 76 of the Act in that water year.(3) Water allocations remaining in the water allocation account for an access licence cannot be carried over from one water year to the next.
Division 2 Flow classes and daily access rules
42 General
The rules in this Division apply to the taking of water under an access licence with a share component that specifies one of the connected water sources.
43 Flow classes
(1) The flow classes specified in Column 3 of Table B are established for the sharing of flows on a daily basis in the connected water sources.(2) The flow classes in Column 3 of Table B and the flow reference points specified in Column 6 of Table B are established for each water source specified in Column 1 of Table B and each management zone specified in Column 2 of Table B.(3) Subject to subclause (4), a flow class applies in a water source on the day specified in Column 7 of Table B when the flow (in ML/day) as measured at the flow reference point specified in Column 6 of Table B is equal to the flow specified in Column 5 of Table B.(4) If, in the Minister’s opinion, accurate flow data is not available on a particular day from a flow measuring gauge used to determine a flow class, the Minister may determine the flow class that applies for that day and notify the licence holder in writing of the flow class that applies for that day. For the purpose of this subclause, notification includes publishing a notice on the Department’s website.(5) For the purpose of determining the flow class that applies on a particular day under subclause (4), the Minister may take into consideration evidence of past and current flows and readings at other functioning upstream and downstream gauges.Note.
On days on which accurate flow data is not available, holders of access licences may contact the Department’s office at the address listed in Appendix 4 or check the Department’s website to find out what flow class applies on that day.(6) The flow classes commence in the year of this Plan specified in Column 4 of Table B.Notes.
1
Year 1 of this Plan and Year 6 of this Plan are defined in the Dictionary.2
Only those water sources for which flow classes have been established at the commencement of this Plan are shown in Table B.Table B — Flow Classes
Column 1
Water source
Column 2
Management zone
Column 3
Flow class
Column 4
Commencement
Column 5
Flow (ML/ day)
Column 6
Flow reference point
Column 7
Day on which flow class applies
Notes.
1
The flow percentiles below refer to critical month flows (November) at the gauge and include all days of record—(a) For the Ellenborough River downstream of Bunnoo River Junction gauge (207013)—(i) 10 ML/day corresponds to the estimated 98th percentile flow, and(ii) 15 ML/day corresponds to the estimated 95th percentile flow.(b) For the Forbes River at Birdwood (Filly Flat) gauge (207006)—(i) 9 ML/day corresponds to the estimated 98th percentile flow, and(ii) 13 ML/day corresponds to the estimated 95th percentile flow, and(iii) 96 ML/day corresponds to the estimated 50th percentile flow.(c) For the Hastings River at Ellenborough gauge (207004)—(i) 29 ML/day corresponds to the estimated 98th percentile flow, and(ii) 34 ML/day corresponds to the estimated 97th percentile flow, and(iii) 343 ML/day corresponds to the estimated 50th percentile flow.
(d) For the Thone River at Deep Creek Road gauge (207018)—(i) 2 ML/day corresponds to the estimated 96th percentile flow at the discontinued Thone River gauge at Bagnoo (207011),(ii) 30 ML/day corresponds to the estimated 55th percentile flow at the discontinued Thone River gauge at Bagnoo (207011), and(iii) 35 ML/day corresponds to the estimated 50th percentile flow. at the discontinued Thone River gauge at Bagnoo (207011).2
The flow percentiles below refer to critical month flows (December) at the gauge and include all days of record—(a) For the Pappinbarra River at Beechwood gauge (207010)—(i) 1 ML/day corresponds to the estimated 95th percentile flow, and(ii) 30 ML/day corresponds to the estimated 50th percentile flow.(b) For the Stewarts River at Stewarts River gauge (207008) 1 ML/day corresponds to the estimated 87th percentile flow.(c) For the Wilson River at Avenel gauge (207014)—(i) 4 ML/day corresponds to the estimated 92nd percentile flow, and(ii) 104 ML/day corresponds to the estimated 50th percentile flow.3
The flow percentiles below refer to critical month flows (January) at the gauge and include all days of record—(a) For the Camden Haven River at Kendall gauge (207009)—(i) 1 ML/day corresponds to the estimated 95th percentile flow, and(ii) 2 ML/day corresponds to the estimated 93rd percentile flow, and(iii) 55 ML/day corresponds to the estimated 50th percentile flow.(b) For the Mortons Creek at Mortons Creek Road gauge (207017)—(i) 1 ML/day corresponds to the estimated 95th percentile flow, and(ii) 22 ML/day corresponds to the estimated 50th percentile flow.
44 Access rules for the taking of surface water
(1) This clause applies to the taking of water under an access licence from the connected water sources, excluding the taking of water—(a) under an access licence used in association with an aquifer interference activity that is an approved EP&A Act development when—(i) in the Minister’s opinion, there are no reasonably practicable measures the access licence holder can take to comply with the access rules under this clause, and(ii) the access licence holder has a water management plan for the aquifer interference activity that has been approved in accordance with the development consent for the activity under the Environmental Planning and Assessment Act 1979, and(iii) the water management plan includes conditions that require the return of water to the water source to mitigate the taking of water during times when the access rules apply under this clause, or(b) under an access licence used in association with an aquifer interference activity when—(i) in the Minister’s opinion, there are no reasonably practicable measures the access licence holder can take to comply with the access rules under this clause, and(ii) the access licence holder has a water management plan for the aquifer interference activity that has been approved by the Minister, and(iii) the water management plan includes conditions that require the return of water to the water source to mitigate the taking of water during times when the access rules apply under this clause, or(c) from the upriver alluvial sediments, or(d) from the Hastings River Coastal Floodplain Alluvial Groundwater Source.Note.
Approved EP&A Act development is defined in the Dictionary.(2) Subject to subclause (27), water must not be taken under an access licence with a share component that specifies a water source with a Very Low Flow Class that has commenced, when flows in that water source are in the Very Low Flow Class. This subclause does not apply to the taking of water from an off-river pool.Note.
Off-river pool is defined in the Dictionary.(3) Subject to subclause (27), water must not be taken under an access licence when there is no visible flow at the location at which water is proposed to be taken. This subclause does not apply to the taking of water from an in-river pool or an off-river pool.Note.
In-river pool and visible flow are defined in the Dictionary.(4) Water must not be taken under an access licence specified in Column 1 of the table in Schedule 1, with a share component that specifies the water source in Column 2 of the table in Schedule 1, in contradiction of the access rule specified in Column 3 of the table in Schedule 1.Note.
Those former Water Act 1912 entitlements and the cease to take conditions that have been identified as being higher than the upper limit of the relevant Very Low Flow Class or the access rules specified in subclauses (2), (3), (7) - (11) and (14) - (20) are listed in Schedule 1.(5) The cease to take condition that arises from subclause (4) only applies to water supply works that were nominated by the access licence at the commencement of this Plan.Note.
Cease to take condition is defined in the Dictionary.(6) The cease to take condition that arises from subclause (4) will apply to a water supply work nominated by an access licence that is granted as a result of a subdivision of the original access licence under section 71P (1) (a) of the Act, if that water supply work was nominated by the original access licence at the commencement of this Plan. For the purposes of this subclause, the original access licence will include the replacement access licence arising from the Water Act 1912 entitlement together with any subsequent access licences that may arise from future subdivisions of those licences.Note.
Water Act 1912 entitlement is defined in the Dictionary.(7) Subject to subclause (27), water must not be taken under an access licence from an off-river pool when the volume of water in that pool is less than the full capacity of the pool. This rule does not apply to an access licence listed in Schedule 2.Note.
Full capacity is defined in the Dictionary.(8) Subject to subclause (27), water must not be taken under an access licence specified in Column 1 of the table in Schedule 2, with a share component that specifies the water source in Column 2 of the table in Schedule 2, in contradiction of the access rule specified in Column 3 of the table in Schedule 2.(9) Subject to subclause (27), in water sources where flow classes have not commenced, water must not be taken under an access licence from an in-river pool when the volume of water in that pool is less than the full capacity of the pool.(10) Subject to subclause (27), water must not be taken under an access licence with a share component that specifies the Camden Haven River Water Source—(a) for more than eight hours/day when flows in that water source are less than or equal to 3 ML/day at the Camden Haven River at Kendall gauge (207009), and(b) from Year 1 of this Plan, for a period of 24 hours after the flows at the Camden Haven River at Kendall gauge (207009) first exceed 1 ML/day following any period during which flows in that water source were in the Very Low Flow Class, and(c) from Year 6 of this Plan, for a period of 24 hours after the flows at the Camden Haven River at Kendall gauge (207009) first exceed 2 ML/day following any period during which flows in that water source were in the Very Low Flow Class.This subclause does not apply to the taking of water from an off-river pool.
Note.
Year 6 of this Plan is defined in the Dictionary.(11) Subject to subclauses (12) and (27) , water must not be taken under an access licence with a share component that specifies the Ellenborough River Water Source—(a) for more than eight hours/day when flows in that water source are less than or equal to 26 ML/day at the Ellenborough River downstream of Bunnoo River Junction gauge (207013), and(b) from Year 1 of this Plan, for a period of 24 hours after the flows at the Ellenborough River downstream of Bunnoo River Junction gauge (207013) first exceed 10 ML/day following any period during which flows in that water source were in the Very Low Flow Class, and(c) from Year 6 of this Plan, for a period of 24 hours after the flows at the Ellenborough River downstream of Bunnoo River Junction gauge (207013) first exceed 15 ML/day following any period during which flows in that water source were in the Very Low Flow Class.This subclause does not apply to the taking of water from an off-river pool.
(12) Subclause (11) (c) does not apply to the taking of water under an access licence with a share component that specifies the Ellenborough River Water Source if, in the Minister’s opinion, an efficient water irrigation system associated with the access licence has been implemented and maintained.Note.
Licence holders in the Ellenborough River Water Source are encouraged to implement and maintain water efficient irrigation systems, as deemed appropriate by the Minister.(13) For the purposes of subclause (12), the licence holder must have received confirmation in writing from the Department that subclause (11) (c) does not apply.(14) Subject to subclause (27), water must not be taken under an access licence with a share component that specifies the Forbes River Water Source—(a) for more than eight hours/day when flows in that water source are less than or equal to 21 ML/day at the Forbes River at Birdwood (Filly Flat) gauge (207006), and(b) from Year 1 of this Plan, for a period of 24 hours after the flows at the Forbes River at Birdwood (Filly Flat) gauge (207006) first exceed 9 ML/day following any period during which flows in that water source were in the Very Low Flow Class, and(c) from Year 6 of this Plan, for a period of 24 hours after the flows at the Forbes River at Birdwood (Filly Flat) gauge (207006) first exceed 13 ML/day following any period during which flows in that water source were in the Very Low Flow Class.This subclause does not apply to the taking of water from an off-river pool.
(15) Subject to subclause (27), water must not be taken under an access licence with a share component that specifies the Middle Hastings River Water Source or Upper Hastings River Water Source—(a) for more than eight hours/day when flows in that water source are less than or equal to 47 ML/day at the Hastings River at Ellenborough gauge (207004), and(b) for more than twelve hours/day when flows in that water source are greater than 47 ML/day and less than or equal to 73 ML/day at the Hastings River at Ellenborough gauge (207004), and(c) from Year 1 of this Plan, for a period of 24 hours after the flows at the Hastings River at Ellenborough gauge (207004) first exceed 29 ML/day following any period during which flows in that water source were in the Very Low Flow Class, and(d) from Year 6 of this Plan, for a period of 24 hours after the flows at the Hastings River at Ellenborough gauge (207004) first exceed 34 ML/day following any period during which flows in that water source were in the Very Low Flow Class.This subclause does not apply to the taking of water from an off-river pool.
(16) Subject to subclause (27), water must not be taken under an access licence with a share component that specifies the Mortons Creek Water Source for a period of 24 hours after the flows at the Mortons Creek at Mortons Creek Road gauge (207017) first exceed 1 ML/day following any period during which flows in that water source were in the Very Low Flow Class. This subclause does not apply to the taking of water from an off-river pool.(17) Subject to subclause (27), water must not be taken under an access licence with a share component that specifies the Pappinbarra River Water Source—(a) for more than twelve hours/day when flows in that water source are less than or equal to 5 ML/day at the Pappinbarra River at Beechwood gauge (207010), and(b) for a period of 24 hours after the flows at the Pappinbarra River at Beechwood gauge (207010) first exceed 1 ML/day following any period during which flows in that water source were in the Very Low Flow Class.This subclause does not apply to the taking of water from an off-river pool.
(18) Subject to subclause (27), water must not be taken under an access licence with a share component that specifies the Stewarts River Water Source—(a) for more than ten hours/day when flows in that water source are less than or equal to 5 ML/day at the Stewarts River at Stewarts River gauge (207008), and(b) for a period of 24 hours after the flows at the Stewarts River at Stewarts River gauge (207008) first exceed 1 ML/day following any period during which flows in that water source were in the Very Low Flow Class.This subclause does not apply to the taking of water from an off-river pool.
(19) Subject to subclause (27), water must not be taken under an access licence with a share component that specifies the Thone River Water Source—(a) for more than ten hours/day when flows in that water source are less than or equal to 5 ML/day at the Thone River at Deep Creek Road gauge (207018), and(b) for a period of 24 hours after the flows at the Thone River at Deep Creek Road gauge (207018) first exceed 2 ML/day following any period during which flows in that water source were in the Very Low Flow Class.This subclause does not apply to the taking of water from an off-river pool.
(20) Subject to subclause (27), water must not be taken under an access licence with a share component that specifies the Wilson River Water Source—(a) for more than twelve hours/day when flows in that water source are less than or equal to 12 ML/day at the Wilson River at Avenel gauge (207014), and(b) for a period of 24 hours after the flows at the Wilson River at Avenel gauge (207014) first exceed 4 ML/day following any period during which flows in that water source were in the Very Low Flow Class.This subclause does not apply to the taking of water from an off-river pool.
(21) Water must not be taken under an unregulated river (subcategory “Aboriginal community development”) access licence with a share component that specifies one of the following water sources when flows in that water source are in the Very Low Flow Class or A Class—(a) Camden Haven River Water Source,(b) Forbes River Water Source,(c) Mortons Creek Water Source,(d) Pappinbarra River Water Source,(e) Upper Hastings River Water Source,(f) Wilson River Water Source.(22) Water must not be taken under an unregulated river (subcategory “Aboriginal community development”) access licence with a share component that specifies the Maria River Water Source when flows in that water source are less than or equal to 104 ML/day at the Wilson River at Avenel gauge (207014).Note.
For the Wilson River at Avenel gauge (207014), 104 ML/day corresponds to the estimated 50th percentile flow.(23) Water must not be taken under an unregulated river (subcategory “Aboriginal community development”) access licence with a share component that specifies the Thone River Water Source when flows in that water source are in the Very Low Flow Class, A Class or B Class.(24) Water must not be taken under an unregulated river (high flow) access licence with a share component that specifies one of the following water sources when flows in that water source are in the Very Low Flow Class or A Class—(a) Mortons Creek Water Source,(b) Thone River Water Source,(c) Wilson River Water Source.(25) Water must not be taken under an access licence from—(a) an in-river dam pool, orcreated by a structure authorised by a water supply work approval, when flows or storage levels in that pool are at or less than a cease to take condition that was specified on the Water Act 1912 entitlement that the access licence replaces.(b) a runoff harvesting dam pool,Note.
In-river dam pool is defined in the Dictionary.(26) Water must not be taken from an in-river dam pool unless the in-river dam is—(a) constructed, operated and maintained in accordance with any conditions specified on the water supply work approval for the in-river dam, and(b) passing such flows in such circumstances as are specified on the water supply work approval for the in-river dam.Note.
In-river dam is defined in the Dictionary.(27) Subclauses (2), (3), (7) - (11) and (14) - (20) do not apply to the following—(a) the taking of water under an access licence or an access licence which replaces a Water Act 1912 entitlement to which clause 1 of Schedule 3 applies, for any of the following purposes, provided that the volume of water taken does not exceed 20 kilolitres per day per access licence or such lower amount specified in accordance with subclause (28)—(i) fruit washing,(ii) cleaning of dairy plant and equipment for the purpose of hygiene,(iii) poultry watering and misting,(iv) cleaning of enclosures used for intensive animal production for hygiene purposes,(b) the taking of water for domestic consumption only under a domestic and stock access licence or a domestic and stock (subcategory “domestic”) access licence that existed at the commencement of this Plan, provided that the volume of water taken does not exceed 1 kilolitre per house supplied by the access licence per day,(c) the taking of water for stock watering only under a domestic and stock access licence or a domestic and stock (subcategory “stock”) access licence that existed at the commencement of this Plan, until the commencement of Year 4 of this Plan, provided that the volume of water taken does not exceed 14 litres per hectare of grazeable area per day,Note.
Grazeable area and Year 4 of this Plan are defined in the Dictionary.(d) the taking of water using a runoff harvesting dam or from an in-river dam pool,Note.
Runoff harvesting dam is defined in the Dictionary.(e) the taking of water under a local water utility access licence or an access licence of the subcategory “Town water supply” to which clause 2 of Schedule 3 applies,(f) the taking of water under an access licence to which Schedule 1 applies.(28) The Minister may reduce the maximum daily volume limit imposed by the rule under subclause (27) (a) if the Minister is satisfied that the reduced volume is satisfactory to meet the relevant purpose referred to in that subclause.Note.
The method by which the Minister can reduce the maximum daily volume limit is by amending the mandatory conditions of the relevant water supply work approval. Under section 102 (3) of the Act, the mandatory conditions of an approval may be imposed, amended, revoked or suspended by the Minister whenever it is necessary to do so in order to enable compliance with or to give effect to a relevant management plan.
45 Access rules for the upriver alluvial sediments
(1) The rules in this clause apply to the taking of water under an access licence with a share component that specifies one of the upriver alluvial sediments. This clause does not apply to the taking of water—(a) using a water supply work that is located more than 40 metres from the top of the high bank of a river, or(b) under an access licence used only to account for the taking of water in association with an aquifer interference activity for an approved EP&A Act development when—(i) in the Minister’s opinion, there are no reasonably practicable measures the access licence holder can take to comply with the access rules under this clause, and(ii) the access licence holder has a water management plan for the aquifer interference activity that has been approved in accordance with the development consent for the activity under the Environmental Planning and Assessment Act 1979, and(iii) the water management plan includes conditions that require the return of water to the water source to mitigate the taking of water during times when the access rules apply under this clause, or(c) under an access licence used only to account for the taking of water in association with an aquifer interference activity when—(i) in the Minister’s opinion, there are no reasonably practicable measures the access licence holder can take to comply with the access rules under this clause, and(ii) the access licence holder has a water management plan for the aquifer interference activity that has been approved by the Minister, and
(i) the holder of an access licence has applied in writing to the Department within 12 months from the commencement of this Plan to have his or her access licence listed in the Schedule,(ii) the applicant has held a Water Act 1912 entitlement that has been converted to an access licence on commencement of this Plan,(iii) the applicant must demonstrate a history of extraction regarding the taking of water from off-river pools or in-river pools and provide any other information as required by the Minister.(3) Schedule 2 or part thereof 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) add a new access licence to clause 1 of Schedule 3, provided that a written request has been made to the Minister and the Minister is satisfied that extraction under the access licence is for a purpose listed in clause 44 (27) (a) and that the purpose was specified on, or referred to in the conditions of, the Water Act 1912 entitlement that was replaced by the access licence,(b) add a local water utility access licence or an access licence of the subcategory “Town water supply” to clause 2 of Schedule 3, provided that the Minister is satisfied that the water supply system used to take, store and deliver water has not undergone major augmentation since the commencement of this Plan,(c) remove an access licence or a Water Act 1912 entitlement from clause 1 of Schedule 3 if—(i) an access licence dealing results in water being taken under the licence from a different location, or(ii) an alternative water supply is obtained, or(iii) the access licence is surrendered or cancelled,(d) remove a local water utility access licence, an access licence of the subcategory “Town water supply” or a Water Act 1912 entitlement from clause 2 of Schedule 3 if—(i) the Minister is satisfied that the water supply system used to take, store and deliver water has undergone major augmentation since the commencement of this Plan, or(ii) the access licence is surrendered or cancelled or the purpose ceases to exist.(5) Schedule 3 or part thereof may be deleted if the Minister is satisfied that it is no longer required.(6) Schedule 4 may be amended to do any of the following—(a) add a new access licence to clause 1 of Schedule 4, provided that a written request has been made to the Minister and the Minister is satisfied that extraction under the access licence is for a purpose listed in clause 45 (26) (a) and that the purpose was specified on, or referred to in the conditions of, the Water Act 1912 entitlement that was replaced by the access licence,(b) add a local water utility access licence or an access licence of the subcategory “Town water supply” to clause 2 of Schedule 4, provided that the Minister is satisfied that the water supply system used to take, store and deliver water has not undergone major augmentation since the commencement of this Plan,(c) remove an access licence or Water Act 1912 entitlement from clause 1 of Schedule 4 if—(i) an access licence dealing results in water being taken under the licence from a different location, or(ii) an alternative water supply is obtained, or(iii) the access licence is surrendered or cancelled,(d) remove a local water utility access licence, an access licence of the subcategory “Town water supply” or a Water Act 1912 entitlement from clause 2 of Schedule 4 if—(i) the Minister is satisfied that the water supply system used to take, store and deliver water has undergone major augmentation since the commencement of this Plan, or(ii) the access licence is surrendered or cancelled or the purpose ceases to exist.(7) Schedule 4 or part thereof may be deleted if the Minister is satisfied that it is no longer required.(8) Schedule 5 may be amended to add or remove a contamination source.
79 Other
(1) This Plan may be amended to include rules for the following—(a) managed aquifer recharge,Note.
Managed aquifer recharge schemes involve taking water such as recycled water or urban stormwater, treating it and then storing it in underground aquifers under controlled conditions. This water can then be extracted at a later time.(b) the management of floodplain harvesting within these water sources,(c) the shepherding of water,Note.
Shepherding is defined in the Dictionary.(d) any new category of access licence established for the purpose of urban stormwater harvesting,(e) the interception of water before it reaches a stream or aquifer by plantations or other means,(f) the management of salt interception schemes,(g) the management of aquifer interference activities, including the granting of aquifer interference approvals.(2) Consequential amendments may be made to this Plan as a result of an amendment to the Act or regulations.(3) 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.(4) This Plan may be amended after Year 5 of this Plan to provide rules for the protection of water-dependent Aboriginal cultural assets to do any of the following—(a) identify water-dependent Aboriginal cultural assets,(b) amend the access rules to protect water-dependent Aboriginal cultural assets,(c) restrict the granting and amending of water supply work approvals to protect water–dependent Aboriginal cultural assets,(d) amend the dealing rules to protect water-dependent Aboriginal cultural assets.(5) Any amendment under subclause (4) will take into account the socio-economic impacts of the proposed change and the environmental water requirements of the water source.(6) Before making an amendment pursuant to subclause (4) the Minister should consult with relevant Government agencies and stakeholders.
Dictionary
Note.
Unless otherwise defined in this Plan, words and expressions that are defined in the Act or in the regulations have the same meaning in this Plan.Aboriginal person has the same meaning as it has in the Aboriginal Land Rights Act 1983.
acid sulphate soils means naturally occurring sediments and soils containing iron sulphides (principally pyrite) or their precursors or oxidation products, whose exposure to oxygen leads to the generation of sulphuric acid (for example by drainage or excavation).
alluvial sediments means unconsolidated fluvio-lacustrine sediments.
approved EP&A Act development means—
(a) a project approved under Part 3A of the Environmental Planning and Assessment Act 1979 (whether before or after its repeal), or
(b) State significant development authorised by a development consent under Part 4 of that Act, or
(c) State significant infrastructure approved under Part 5.1 of that Act.
cease to take condition means any term or condition on a water supply work approval, an access licence or Water Act 1912 entitlement that prohibits the taking of water in a particular circumstance.
drawdown means a lowering of the level to which water will rise in cased bores.
Note.
Natural drawdown may occur due to seasonal climatic changes. Groundwater pumping may also result in seasonal and long-term drawdown.excavation footprint means the authorised dimensions of an unlined excavation constructed for the purposes of water supply only.
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 capacity means the volume of water that is impounded in the pool, lagoon or lake when the pool, lagoon or lake is at the level when a visible flow out of that pool, lagoon or lake would cease.
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.
groundwater-dependent ecosystems includes ecosystems which have their species composition and natural ecological processes wholly or partially determined by groundwater.
high environmental value areas means national parks, nature reserves, historic sites, Aboriginal areas, state conservation areas and karst conservation areas.
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.
internal diameter means the diameter of the inside of the casing of a water bore.
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.
logbook, in relation to an access licence or water supply work approval, means a written record, kept in hard copy or electronic form, that 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 defined in the document prepared by the Manly Hydraulics Laboratory entitled Survey of Tidal Limits and Mangrove Limits in NSW Estuaries 1996 to 2005, ISBN 0-7347-4302-5 (NSW Department of Natural Resources, Manly Hydraulics Laboratory).
Minimum Construction Requirements for Water Bores in Australia means the document published by the National Uniform Drillers Licensing Committee entitled Minimum Construction Requirements for Water Bores in Australia, 3rd Ed, 2012, ISBN 978-0-646-56917-8.
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.
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 which are capable of transmitting water.
recharge means the addition of water, usually by infiltration, to an aquifer.
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 the 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.
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.
visible flow means the continuous downstream movement of water that is perceptible to the eye.
Water Act 1912 entitlement has the same meaning as entitlement has in clause 2 of Schedule 10 to the Act.
Year 1 of this Plan means from the date of 1 July 2019 to 30 June 2020.
Year 3 of this Plan means from the date of 1 July 2021 to 30 June 2022.
Year 4 of this Plan means from the date of 1 July 2022 to 30 June 2023.
Year 5 of this Plan means from the date of 1 July 2023 to 30 June 2024.
Year 6 of this Plan means from the date of 1 July 2024 to 30 June 2025.
Schedule 1 Access licences subject to the cease to take condition specified in clause 44 (4)
The access licences which replace Water Act 1912 entitlements listed in Column 1 of the table below and which have share components that specify the water sources listed in Column 2 of the table below, will have the access rule specified in Column 3 imposed as mandatory conditions to give effect to clause 44 (4).Column 1 Water Act 1912 entitlements that will be replaced by access licences on commencement of this Plan | Column 2 Water source | Column 3 Access rules | |
30SL041096 | Stewarts River | Water must not be taken when flows at the Stewarts River at Stewarts River gauge (207008) are less than 3.54 ML/day. | |
30SL044891 | Stewarts River | Water must not be taken when flows at the Stewarts River at Stewarts River gauge (207008) are less than 3.54 ML/day. | |
30SL046438 | Stewarts River | Water must not be taken when flows at the Stewarts River at Stewarts River gauge (207008) are less than 3.54 ML/day. | |
30SL048091 | Stewarts River | Water must not be taken when flows at the Stewarts River at Stewarts River gauge (207008) are less than 3.54 ML/day. | |
30SL048931 | Stewarts River | Water must not be taken when flows at the Stewarts River at Stewarts River gauge (207008) are less than 3.54 ML/day. | |
30SL065359 | Middle Hastings River | Water must not be taken from the Hastings River when— (a) the volume of water stored in Cowarra Dam is less than or equal to 6,000 ML (less than or equal to 60%), and the flows in the Hastings River at Koree Island gauge (207600) are less than or equal to the flow identified in Columm B of the table below during corresponding month in Column A below, or | |
Column A Month | Column B ML/day | ||
January | 125 | ||
February | 125 | ||
March | 250 | ||
April | 250 | ||
May | 250 | ||
June | 250 | ||
July | 250 | ||
August | 180 | ||
September | 125 | ||
October | 125 | ||
November | 125 | ||
December | 125 | ||
(b) the volume of water stored in Cowarra Dam is greater than 6000 megalitres (greater than 60%), and the flows in the Hastings River at Koree Island gauge (206700) are less than or equal to the flow identified in Column B of the table below during the corresponding month in Column A below. | |||
Column A Month | Column B ML/day | ||
January | 250 | ||
February | 350 | ||
March | 450 | ||
April | 450 | ||
May | 450 | ||
June | 400 | ||
July | 350 | ||
August | 290 | ||
September | 290 | ||
October | 290 | ||
November | 250 | ||
December | 250 | ||
30SL065822 | Queens Lake | Water must not be taken from Cedar Creek when flows in that creek are less than 3.91 litres per second (which is equal to a height of 0.832 metres on the gauge installed on the downstream side of the road bridge), located at the north west corner of Portion 17, Parish of Ralfe, County of Macquarie. | |
30SL066011 | Maria River | Water must not be taken from Smiths Creek when the flow in that creek is less than or equal to 15 litres per second at the road bridge at the Pacific Highway on Portion 13, Parish of Lincoln, County of Macquarie. | |
30SL066279 | Queens Lake | Water must not be taken from Cedar Creek when the flow in that creek is less than or equal to 3.91 litres per second in Cedar Creek (which is equal to a height of 0.832 metres on the gauge installed on the downstream side of the road bridge), located at the north west corner of Portion 17, Parish of Ralfe, County of Macquarie. | |
30SL066280 | Queens Lake | Water must not be taken from Cedar Creek when the flow in that creek is less than or equal to 3.91 litres per second in Cedar Creek (which is equal to a height of 0.832 metres on the gauge installed on the downstream side of the road bridge), located at the north west corner of Portion 17, Parish of Ralfe, County of Macquarie. | |
30SL066544 | Mortons Creek | Water must not be taken from Mortons Creek unless there is a flow of 100mm over the rock bar 20 metres downstream of the boundary of Lot 117 DP 754442 and Lot 145 DP 754446. | |
30SL066611 | Ellenborough River | Water must not be taken when flows at the Ellenborough River downstream of the Bunnoo River junction gauge (207013) are less than or equal to 15 ML/day. | |
30SL066612 | Ellenborough River | Water must not be taken when flows at the Ellenborough River downstream of the Bunnoo River junction gauge (207013) are less than or equal to 15 ML/day. | |
30SL066613 | Ellenborough River | Water must not be taken when flows at the Ellenborough River downstream of the Bunnoo River junction gauge (207013) are less than or equal to 15 ML/day. | |
Schedule 2 Access rules for off-river pools
The access licences which replace Water Act 1912 entitlements listed in Column 1 of the table below and which have share components that specify the water sources listed in Column 2 of the table below, will have the access rule specified in Column 3 imposed as mandatory conditions to give effect to clause 44 (8).Column 1 Water Act 1912 entitlements that will be replaced by access licences on commencement of this Plan | Column 2 Water source | Column 3 Access rules |
30SL025682 | Coastal Hastings Water Source | From Year 1 of this Plan, water must not be taken when flows are less than or equal to 29 ML/day at the Hastings River at Ellenborough gauge (207004). From Year 6 of this Plan, water must not be taken when flows are less than or equal to 34 ML/day at the Hastings River at Ellenborough gauge (207004). |
30SL065105 | Mortons Creek Water Source | Water must not be taken when flows are less than or equal to 1 ML/day at the Mortons Creek at Mortons Creek Road gauge (207017). |
Schedule 3 Access licences used to take surface water exempt from cease to take conditions
1 General
This clause applies to each access licence which replaces a Water Act 1912 entitlement listed in the table below.
2 Local water utility access licences and access licences of the subcategory “Town water supply”
This clause applies to each access licence which replaces a Water Act 1912 entitlement listed in the table below.
Schedule 4 Access licences used to take groundwater exempt from the cease to take conditions
1 General
This clause applies to each access licence which replaces a Water Act 1912 entitlement listed in the table below.
2 Local water utility access licences and access licences of the subcategory “Town water supply”
This clause applies to each access licence which replaces a Water Act 1912 entitlement listed in the table below.
Schedule 5 Contamination sources in these water sources
Contamination sources in these water sources comprise the following—(a) on-site sewage disposal systems or septic tanks,
(b) any sites which have been declared to be significantly contaminated land under the Contaminated Land Management Act 1997,
(c) any sites that are or have been the subject of an activity listed in Table 1 of the contaminated land planning guidelines published under the Environmental Planning and Assessment Act 1979 from time to time.
Appendix 1 Overview of the Plan Map
Overview of the Plan Map (WSP038_Version 1) Water Sharing Plan for the Hastings Unregulated and Alluvial Water Sources 2019
Appendix 2 Inspection of the Plan Map
Copies of the Plan Map may be inspected at the following offices—Department of Planning, Industry and Environment
10 Valentine Ave
PARRAMATTA NSW 2150
Department of Planning, Industry and Environment
49 Victoria St
GRAFTON NSW 2460
Department of Planning, Industry and Environment
24 Gordon St
COFFS HARBOUR NSW 2450
Appendix 3 Overview of the GDE Map
Overview of the High Priority Groundwater-Dependent Ecosystem Map (GDE011_Version 1) Water Sharing Plan for the Hastings Unregulated and Alluvial Water Sources 2019
Appendix 4 Offices
Any notifications that may be required to be made to the Minister, as specified in this Plan, can be made to the following offices—Department of Planning, Industry and Environment
PO Box 6
KEMPSEY NSW 2440
Department of Planning, Industry and Environment
PO Box 1488
COFFS HARBOUR NSW 2450
Historical notes
The following abbreviations are used in the Historical notes:
| Am | amended | LW | legislation website | Sch | Schedule |
| Cl | clause | No | number | Schs | Schedules |
| Cll | clauses | p | page | Sec | section |
| Div | Division | pp | pages | Secs | sections |
| Divs | Divisions | Reg | Regulation | Subdiv | Subdivision |
| GG | Government Gazette | Regs | Regulations | Subdivs | Subdivisions |
| Ins | inserted | Rep | repealed | Subst | substituted |
Table of amending instruments
Water Sharing Plan for the Hastings Unregulated and Alluvial Water Sources 2019 (314). LW 1.7.2019. Date of commencement, 1.7.2019, cl 3.
Actions
Download as PDF
Download as Word Document
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
0