Water Sharing Plan for the Hunter Unregulated and Alluvial Water Sources 2009 (NSW)

Part 1Introduction1Name of this Plan

This Plan is the Water Sharing Plan for the Hunter Unregulated and Alluvial Water Sources 2009 (hereafter this Plan).

2Nature and Status of this Plan(1)

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

(2)

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

3Date of commencement

This Plan commences on 1 August 2009.

Notes—

1
In accordance with section 43 of the Act, this Plan will have effect for 10 years from 1 July 2010.

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

4Water sources to which this Plan applies(1)

The water sources in respect of which this Plan applies are—

(a)
the Munmurra River Water Source,
(b)
the Krui River Water Source,
(c)
the Bow River Water Source,
(d)
the Merriwa River Water Source,
(e)
the Halls Creek Water Source,
(f)
the Baerami Creek Water Source,
(g)
the Widden Brook Water Source,
(h)
the Bylong River Water Source,
(i)
the Wollar Creek Water Source,
(j)
the Upper Goulburn River Water Source,
(k)
the Lower Goulburn River Water Source,
(l)
the Dart Brook Water Source,
(m)
the Pages River Water Source,
(n)
the Isis River Water Source,
(o)
the Upper Hunter River Water Source,
(p)
the Rouchel Brook Water Source,
(q)
the Muswellbrook Water Source,
(r)
the Jerrys Water Source,
(s)
the Glennies Water Source,
(t)
the Glendon Brook Water Source,
(u)
the Luskintyre Water Source,
(v)
the Singleton Water Source,
(w)
the Martindale Creek Water Source,
(x)
the Doyles Creek Water Source,
(y)
the Lower Wollombi Brook Water Source,
(z)
the Black Creek Water Source,
(aa)
the Wallis Creek Water Source,
(bb)
the Newcastle Water Source,
(cc)
the Paterson/Allyn Rivers Water Source,
(dd)
the Williams River Water Source,
(ee)
the Upper Paterson Water Source,
(ff)
the Upper Wollombi Brook Water Source,
(gg)
the North Lake Macquarie Water Source,
(hh)
the South Lake Macquarie Water Source,
(ii)
the Dora Creek Water Source,
(jj)
the Hunter Regulated River Alluvial Water Source,
Note—
The Hunter Regulated River Alluvial Water Source extends from the top of the high bank of the Hunter Regulated River or Glennies Creek to the boundary of the alluvial aquifer covering the unconsolidated alluvial sediments, excluding the alluvial sediments covered by the Hunter Regulated River Water Sharing Plan. The Regulated Plan covers waterfront land except for alluvial sediments within one metre of works taking water pursuant to licences issued under Part 5 of the Water Act 1912. This water source includes alluvial waters only.
(kk)
the Wallis Creek Tidal Pool Water Source,
Note—
The Wallis Creek Tidal Pool Water Source extends between the mangrove and tidal limits and only includes the water within the tidal stretch of Wallis Creek, not including any freshwater tributaries. This water source includes unregulated waters only and excludes alluvial groundwater.
(ll)
the Paterson River Tidal Pool Water Source,
Note—
The Paterson River Tidal Pool Water Source extends between the mangrove and tidal limits and only includes the water within the tidal stretch of the Paterson River, not including any freshwater tributaries. This water source includes unregulated waters only and excludes alluvial groundwater.
(mm)
the Hunter River Tidal Pool Water Source, and
Note—
The Hunter River Tidal Pool Water Source extends between the mangrove and tidal limits and only includes the water within the tidal stretch of the Newcastle Water Source, not including any freshwater tributaries. This water source includes unregulated waters only and excludes alluvial groundwater.
(nn)
the Wybong Creek Water Source,

and shall be known as the Hunter Unregulated and Alluvial Water Sources (hereafter these water sources).

Note—

An overview of these water sources is shown in Appendix 1.

(2)

These water sources are shown on the Plan Map called Plan Map (WSP003_Version 3), Water Sharing Plan for the Hunter Unregulated and Alluvial Water Sources 2009 (hereafter the Plan Map).

Note—

The Plan Map is part of this Plan. Copies of the Plan Map for these water sources may be inspected at offices of the Department listed in Appendix 2 and are available on the NSW Legislation Website.

(3)

Subject to subclause (4), these water sources include—

(a)
all water occurring naturally on or below the surface of the ground shown on the Plan Map for these water sources, and
(b)
all water in rivers, lakes and wetlands in these water sources, and
(c)
all water contained within all alluvial sediments below the surface of the land shown on the Plan Map for these water sources (hereafter the alluvial sediments in these water sources), including any water contained in those unconsolidated alluvial sediments underlying the waterfront land within 1 metre of works taking water pursuant to licences issued under Part 5 of the Water Act 1912 or their equivalent aquifer access licence issued under the Act, that are not part of the Hunter Regulated River Water Source.
Note—
The Hunter Regulated River Water Source is defined in the Water Sharing Plan for the Hunter Regulated River Water Source 2003.

(4)

These water sources do not include—

(a)
any water contained in alluvial sediments downstream of the tidal limit in these water sources,
Note—
This exclusion applies to the Wallis Creek Tidal Pool Water Source, the Paterson River Tidal Pool Water Source and Hunter River Tidal Pool Water Source.
(b)
any water contained in the coastal sands in these water sources,
(c)
any water contained in fractured rock aquifers and basement rocks in these water sources,
(d)
any water contained in the unconsolidated alluvial sediments underlying the waterfront land of all rivers within the Hunter Regulated River Water Source, except as provided for in subclause (3) (c),
Note—
The Hunter Regulated River Water Source is defined in the Water Sharing Plan for the Hunter Regulated River Water Source 2003.
(e)
(Repealed)
(f)
the area of the Hunter Regulated River Water Source, as defined in the Water Sharing Plan for the Hunter Regulated River Water Source 2003,
(g)
the area of the Paterson Regulated River Water Source, as defined in the Water Sharing Plan for the Paterson Regulated River Water Source 2007, and
(h)
the area of land below the mangrove limit, except for the Mannering Lake in South Lake Macquarie Water Source and the Belmont Lagoon in the North Lake Macquarie Water Source.
Note—
The mangrove limit is defined in the dictionary.

(5)

These water sources are within part of the Hunter Water Management Area and part of the Central Coast Water Management Area.

(6)

This Plan, as amended by the Water Sharing Plan for the Hunter Unregulated and Alluvial Water Sources Amendment Order 2016, replaces the Water Sharing Plan for the Wybong Creek Water Source 2003.

5Management zones(1)

For the purpose of this Plan, the following water sources are divided into the following management zones and are shown on the Plan Map for these water sources—

(a)
the Halls Creek Water Source is divided into the—
- (i)
  Halls Creek Management Zone, and
- (ii)
  Giants Creek Management Zone,
(b)
the Pages River Water Source is divided into the—
- (i)
  Murrurundi Management Zone,
- (ii)
  Scotts Creek Management Zone,
- (iii)
  Kewell Creek Management Zone,
- (iv)
  Gundy Management Zone, and
- (v)
  Segenhoe Management Zone,
(c)
the Dart Brook Water Source is divided into the—
- (i)
  Upper Dart Brook Management Zone,
- (ii)
  Upper Middle Brook Management Zone,
- (iii)
  Petwyn Vale Management Zone,
- (iv)
  Lower Dart Brook Management Zone, and
- (v)
  Lower Middle Brook and Kingdon Ponds Management Zone,
(d)
the Paterson/Allyn Rivers Water Source is divided into the—
- (i)
  Paterson River Tributaries Management Zone, and
- (ii)
  Allyn River Management Zone,
(e)
the Upper Wollombi Brook Water Source is divided into the—
- (i)
  Congewai Creek Management Zone, and
- (ii)
  Wollombi Brook Arm Management Zone,
(f)
the Williams River Water Source is divided into the—
- (i)
  Williams River Management Zone, and
- (ii)
  Seaham Weir Management Zone,
(g)
the Hunter Regulated River Alluvial Water Source is divided into the—
- (i)
  Upstream Glennies Creek Management Zone (hereafter u/s Glennies Creek Management Zone),
- (ii)
  Downstream Glennies Creek Management Zone (hereafter d/s Glennies Creek Management Zone), and
- (iii)
  Glennies Creek Management Zone,
(h)
the Jerrys Water Source is divided into the—
- (i)
  Jerrys Management Zone, and
- (ii)
  Appletree Flat Management Zone,
(i)
the Upper Hunter Water Source is divided into the—
- (i)
  Upper Hunter Management Zone, and
- (ii)
  Stewarts Brook Management Zone, and
(j)
the Wybong Creek Water Source is divided into the—
- (i)
  Kars Springs Management Zone,
- (ii)
  Bunnan Management Zone,
- (iii)
  White Rock Management Zone,
- (iv)
  Manobalai Management Zone,
- (v)
  Wybong Management Zone,
- (vi)
  Cuan Management Zone, and
- (vii)
  Cuan and Reedy Creeks Management Zone.

(2)

(Repealed)

6Amendment of this Part

The Minister may amend this Part to—

(a)
amend (including to amend the boundaries of) an existing water source or management zone in these water sources,
(b)
establish new or additional water sources or management zones in these water sources,
Note—
In instances where in-stream structure such as weirs are removed, this is likely to result in a change to the tidal limit of the water source, and a resultant change in the boundary of the water source and management zones, where applicable.
(c)
vary the water sources included in these water sources, including to add a river or section of river to one of these water sources or to remove a river or section of river from one of these water sources providing that—
- (i)
  the river or section of river that is to be added has been removed from an order which declared that river or section of river to be a regulated river, or
- (ii)
  the river or section of river that is to be removed has been added to an order which declared that river or section of river to be a regulated river, and
- (iii)
  the Minister is satisfied that there will be no impact on environmental water, domestic and stock rights, native title rights or on the water available to any access licences in these water sources.

Note—

The Plan Map for these water sources may be amended or updated from time to time including as a result of any amendment made by this Plan.

6AExtraction management unit for these water sources(1)

The availability of water for extraction from these water sources on a long-term average annual basis will be determined at the level of an extraction management unit.

(2)

The extraction management units for these water sources are the Greater Hunter Extraction Management Unit, the Lake Macquarie Extraction Management Unit and the Hunter Regulated River Alluvium Extraction Management Unit (hereafter these Units), and are shown on the Plan Map.

(3)

The Greater Hunter Extraction Management Unit consists of the following water sources—

(a)
Munmurra River Water Source,
(b)
Krui River Water Source,
(c)
Bow River Water Source,
(d)
Merriwa River Water Source,
(e)
Halls Creek Water Source,
(f)
Baerami Creek Water Source,
(g)
Widden Brook Water Source,
(h)
Bylong River Water Source,
(i)
Wollar Creek Water Source,
(j)
Upper Goulburn River Water Source,
(k)
Lower Goulburn River Water Source,
(l)
Wybong Creek Water Source,
(m)
Dart Brook Water Source,
(n)
Pages River Water Source,
(o)
Isis River Water Source,
(p)
Upper Hunter River Water Source,
(q)
Rouchel Brook Water Source,
(r)
Muswellbrook Water Source,
(s)
Jerrys Water Source,
(t)
Glennies Water Source,
(u)
Glendon Brook Water Source,
(v)
Luskintyre Water Source,
(w)
Singleton Water Source,
(x)
Martindale Creek Water Source,
(y)
Doyles Creek Water Source,
(z)
Lower Wollombi Brook Water Source,
(aa)
Black Creek Water Source,
(bb)
Wallis Creek Water Source,
(cc)
Newcastle Water Source,
(dd)
Paterson/Allyn River Water Source,
(ee)
Williams River Water Source,
(ff)
Upper Paterson Water Source,
(gg)
Upper Wollombi Brook Water Source,
(hh)
Wallis Creek Tidal Pool Water Source,
(ii)
Paterson River Tidal Pool Water Source, and
(jj)
Hunter River Tidal Pool Water Source.

(4)

The Lake Macquarie Extraction Management Unit consists of the following water sources—

(a)
North Lake Macquarie Water Source,
(b)
South Lake Macquarie Water Source, and
(c)
Dora Creek Water Source.

(5)

The Hunter Regulated River Alluvium Extraction Management Unit consists of the Hunter Regulated River Alluvial Water Source.

6BUnderstanding the rules of this Plan

This Plan contains various rules. Where appropriate, rules specified in this Plan are given effect by mandatory conditions for access licences and approvals contained in Part 13 of this Plan.

7Interpretation(1)

Words and expressions that are defined in the Act have the same meanings in this Plan.

(2)

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

(3)

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

(4)

Schedules to this Plan form part of this Plan.

(5)

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

(6)

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.

Part 2Vision, objectives, strategies and performance indicators8Vision, objectives, strategies and performance indicators

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

9Vision(1)

The vision of this Plan is to provide sustainable and integrated management of these water sources for the benefit of both present and future generations.

(2)

This Plan also recognises the following respect statements for Aboriginal values in these water sources—

(a)
life-giving water is of extreme significance to Aboriginal culture for its domestic, traditional and spiritual values, and
(b)
whilst water supplied for the environment will provide protection for native flora and fauna, water for fishing, food gathering and recreational activities, it is important that the community respects the spiritual significance of water to the Aboriginal people.

9AAcknowledgment

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

10Objectives

The objectives of this Plan are to—

(a)
protect, preserve, maintain or enhance the important river flow dependent and high priority groundwater dependent ecosystems of these water sources,
(b)
protect, preserve, maintain or 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 market based trading of access licences and water allocations within sustainability and system constraints,
(f)
provide recognition of the connectivity between surface water and groundwater,
(g)
provide sufficient flexibility in water account management to encourage responsible use of available water, and
(h)
adaptively manage these water sources.

Note—

For the purposes of the Inter-governmental Agreement on the National Water Initiative (2004), the environmental and other public benefit outcomes provided under this Plan include—

1.
the important river flow dependent environmental, Aboriginal, cultural and heritage values of these water sources are protected, preserved, maintained or enhanced,
2.
these water sources are managed to ensure equitable sharing between users, and
3.
basic landholder rights of owners, or occupiers, of land are protected.

11Strategies

The strategies of this Plan are to—

(a)
establish performance indicators, and
(b)
establish environmental water rules, and
(c)
identify water requirements for basic landholder rights, and
(d)
identify water requirements for access licences, and
(e)
establish rules for granting and amending of access licences and approvals, and
(f)
establish rules that place limits on the availability of water for extraction, and
(g)
establish rules for making available water determinations, and
(h)
establish rules for the operation of water accounts, and
(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 limit to changes to the rules.

12Performance indicators

The following 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 limit,
(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 3Basis for water sharing13Basis for water sharing

This Part is made in accordance with sections 20 (2) (a) and 20 (2) (c) of the Act.

14Climatic variability

This Plan recognises the effects of climatic variability on river flow and groundwater level variability in these water sources by having provisions that manage—

(a)
the sharing of water in these water sources within the limits of water availability on a long-term average annual basis,
(b)
the sharing of flows that occur in specified water sources on a daily basis, and
(c)
water extraction to maintain groundwater dependent ecosystems.

(Repealed)

16Flow reference points(1)

Subject to subclauses (4) and (5), for the purposes of this Plan all flows referred to in clause 17 (1) are measured flows at the flow reference point(s) for each water source or management zone specified in clause 17.

(2)

The Minister may amend this Plan to add or remove flow reference points, including if there are any changes to flow classes under subclause 17 (2) of this Plan.

(3)

The Minister may amend a flow reference point where the flow reference point has been removed in line with the NSW Weirs Policy.

(4)

For flow classes that are determined based on flows at more than one flow measuring gauge, on any day that it is not possible to determine the flow at a flow reference point specified in clause 17 (1) or (1A) due to flow data not being available from a flow measuring gauge, then the flow class applies for the relevant management zone when flows as measured at the remaining functioning gauge specified in clause 17 (1) or (1A) are equal to the flows specified in clause 17 (1) for that gauge.

(5)

Subject to subclause (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.

(6)

For the purpose of determining the flow class that applies on a particular day under subclause (5), the Minister may take into consideration evidence of past and current flows and readings at other functioning upstream and downstream gauges.

Note—

On days that accurate flow data is not available, holders of access licences may contact the Department’s office at the address listed in Appendix 3 or check the Department’s website to find out what flow class applies on that day.

Note—

In some instances flow reference points refer to a weir site which may be removed in line with the NSW Weirs Policy.

Note—

The Plan Map for these water sources may be amended as a result of the establishment of, or changes to, flow reference points under this Part.

Note—

In the event of any failure of a flow reference point in these water sources, flow classes in the water source may be imposed pursuant to an order made under section 324 of the Act.

17Flow classes for these water sources(1)

This Plan establishes the following flow classes as the basis for sharing of daily flows from these water sources—

Note—

Any restrictions specified in an order under section 324 of the Act, for these water sources, may be based on local Water User Association rostering arrangements.

Note—

It is recognised that Water User Associations (WUAs) exist in many areas and play an important role in low flow rostering and sharing of water between users. Where appropriate the flow classes specified in this Plan reflect the existing sharing arrangements of these groups. It is intended that WUAs will have an ongoing role in water management and continue to assist in reducing the frequency of triggering the very low flow classes specified within this Plan.

Note—

The following flow classes apply to all access licences extracting from surface water specified for each water source from the commencement date of this Plan, excluding those access licences to which clause 19 (3) (i) applies and access licences that nominate a work that is a runoff harvesting dam.

For those aquifer access licences in the Munmurra River Water Source, the Krui River Water Source, the Bow River Water Source, the Merriwa River Water Source, the Halls Creek Water Source, the Baerami Creek Water Source, the Widden Brook Water Source, the Appletree Flat Management Zone of the Jerrys Water Source, the Bylong River Water Source, the Wollar Creek Water Source, the Upper Goulburn River Water Source, the Lower Goulburn River Water Source, the Dart Brook Water Source, the Pages River Water Source, the Martindale Creek Water Source, the Doyles Creek Water Source, the Lower Wollombi Brook Water Source, the Upper Wollombi Brook Water Source and the Wybong Creek Water Source the flow classes in clause 17 (1) will apply.

They will also apply to all existing aquifer access licence holders in the Isis River Water Source, the Upper Hunter River Water Source, the Rouchel Brook Water Source, the Muswellbrook Water Source, the Jerrys Management Zone of the Jerrys Water Source, the Glennies Water Source, the Glendon Brook Water Source, the Luskintyre Water Source, the Singleton Water Source, the Black Creek Water Source, the Wallis Creek Water Source, the Newcastle Water Source, the Paterson/Allyn Rivers Water Source, the Williams River Water Source, the Upper Paterson Water Source, the North Lake Macquarie Water Source, the South Lake Macquarie Water Source and the Dora Creek Water Source extracting from alluvial aquifers within 40 metres of the top of the high bank of the river from year six of this Plan. For those aquifer access licences extracting outside the 40 metres from the top of the high bank in the Isis River Water Source, the Upper Hunter River Water Source, the Rouchel Brook Water Source, the Muswellbrook Water Source, the Jerrys Water Source, the Glennies Water Source, the Glendon Brook Water Source, the Luskintyre Water Source, the Singleton Water Source, the Black Creek Water Source, the Wallis Creek Water Source, the Newcastle Water Source, the Paterson/Allyn Rivers Water Source, the Williams River Water Source, the Upper Paterson Water Source, the North Lake Macquarie Water Source, the South Lake Macquarie Water Source and the Dora Creek Water Source, the flow classes in clause 17 (1) will not apply, except where provided for under clause 68 (3) of this Plan.

(a)
for the Munmurra River Water Source, no flow classes are established by this Plan,
Note—
From year six of this Plan, the taking of water will only be permitted when there is a visible flow in the water source at the location at which water is proposed to be taken, or where water is being taken from a pool, when there is a visible inflow and outflow to and from that pool, as required under clause 19 (3) (d) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue.
(b)
for the Krui River Water Source, no flow classes are established by this Plan,
Note—
From year six of this Plan, the taking of water will only be permitted when there is a visible flow in the water source at the location at which water is proposed to be taken, or where water is being taken from a pool, when there is a visible inflow and outflow to and from that pool, as required under clause 19 (3) (d) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue.
(c)
for the Bow River Water Source, no flow classes are established by this Plan,
Note—
From year six of this Plan, the taking of water will only be permitted when there is a visible flow in the water source at the location at which water is proposed to be taken, or where water is being taken from a pool, when there is a visible inflow and outflow to and from that pool, as required under clause 19 (3) (d) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue.
(d)
for the Merriwa River Water Source, as measured at Merriwa River at Upstream Vallances Creek gauge (210066), no flow classes are established for the first five years of this Plan, thereafter—
- (i)
  the Very Low Flow Class is when flows are at or below 0.5 megalitres per day (hereafter ML/day), and
  Note—
  0.5 ML/day corresponds to the estimated 80th percentile. The percentile refers to the lowest flow month at the gauge and includes all days of record.
- (ii)
  A Class is when flows are greater than 0.5 ML/day,
Note—
The Merriwa River Water Source may be divided into management zones during the term of this Plan based on the reinstatement of gauging infrastructure, and flow classes amended, as set out under clause 17 (2) (h) of this Plan.
Note—
For the first five years of this Plan, the taking of water from a river by a nominated water supply work is permitted only where it complies with the flow conditions imposed on the authorised water supply work and if there is a visible flow in the river in the downstream vicinity of the water supply work, as required under clause 19 (3) (e) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue.
(e)
for the Halls Creek Water Source, no flow classes are established by this Plan,
Note—
By year ten of this Plan, Very Low Flow Class and A Class may be established for access licences in the Halls Creek Management Zone, based on studies to determine appropriate cease to pump level and flow reference point, as required under clause 17 (2) (b) of this Plan.
Note—
By year ten of this Plan, Very Low Flow Class and A Class may be established for access licences in the Giants Creek Management Zone, based on studies to determine appropriate groundwater levels and trigger points, and appropriate infrastructure being in place to allow rule development, as set out under clause 17 (2) (a) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue.
(f)
for the Baerami Creek Water Source, no flow classes are established by this Plan,
Note—
Very Low Flow Class and A Class may be established by year ten of this Plan, based on studies to determine appropriate groundwater levels and trigger points, and appropriate infrastructure being in place to allow rule development, as set out under clause 17 (2) (a) of this Plan.
(g)
for the Widden Brook Water Source, no flow classes are established by this Plan,
Note—
Very Low Flow Class and A Class may be established by year ten of this Plan, based on studies to determine appropriate groundwater levels and trigger points, and appropriate infrastructure being in place to allow rule development, as set out under clause 17 (2) (a) of this Plan.
(h)
for the Bylong River Water Source, no flow classes are established by this Plan,
Note—
Very Low Flow Class and A Class may be established by year ten of this Plan, based on studies to determine appropriate groundwater levels and trigger points, and appropriate infrastructure being in place to allow rule development, as set out under clause 17 (2) (a) of this Plan.
(i)
for the Wollar Creek Water Source, no flow classes are established by this Plan,
Note—
Very Low Flow Class and A Class may be established by year ten of this Plan, based on studies to determine appropriate groundwater levels and trigger points, and appropriate infrastructure being in place to allow rule development, as set out under clause 17 (2) (a) of this Plan.
(j)
for the Upper Goulburn River Water Source, no flow classes are established by this Plan,
Note—
Very Low Flow Class and A Class may be established by year ten of this Plan, based on studies to determine appropriate groundwater levels and trigger points, and appropriate infrastructure being in place to allow rule development, as set out under clause 17 (2) (a) of this Plan.
(k)
for the Lower Goulburn River Water Source, no flow classes are established by this Plan,
Note—
Very Low Flow Class and A Class may be established by year ten of this Plan, based on studies to determine appropriate groundwater levels and trigger points, and appropriate infrastructure being in place to allow rule development, as set out under clause 17 (2) (a) of this Plan.
Note—
The augmentation of the local water utility in this water source may trigger review of the flow access rules specified within this Plan in accordance with clause 17 (2) (l).
(l)
for the Upper Dart Brook Management Zone in the Dart Brook Water Source, as measured at Dart Brook at Yarrandi Bridge gauge (210124)—
- (i)
  the Very Low Flow Class is when there is no visible flow, and
- (ii)
  A Class is when there is a visible flow,
Note—
The flow classes may be amended at year six of this Plan, as set out under clause 17 (2) (c) of this Plan.
(m)
for the Upper Middle Brook Management Zone in the Dart Brook Water Source, as measured at the Middle Brook road bridge—
- (i)
  the Very Low Flow Class is when there is no visible flow, and
- (ii)
  A Class is when there is a visible flow,
Note—
The flow classes may be amended at year six of this Plan, as set out under clause 17 (2) (c) of this Plan.
(n)
for the Petwyn Vale Management Zone, the Lower Dart Brook Management Zone and the Lower Middle Brook and Kingdon Ponds Management Zone in the Dart Brook Water Source, no flow classes are established by this Plan,
Note—
In the Lower Dart Brook and Lower Middle Brook and Kingdon Ponds Management Zones the Very Low Flow Class and A Class may be established by year ten of this Plan, based on studies to determine appropriate groundwater levels and trigger points, and appropriate infrastructure being in place to allow rule review, as set out under clause 17 (2) (a) of this Plan.
Note—
In the Petwyn Vale Management Zone from year six of this Plan, the taking of water will only be permitted when there is a visible flow in the water source at the location at which water is proposed to be taken, or where water is being taken from a pool, when there is a visible inflow and outflow to and from that pool, as required under clause 19 (3) (d) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue.
Note—
The augmentation of the local water utility in this water source may trigger review of the flow access rules specified within this Plan in accordance with clause 17 (2) (l).
(o)
for the Murrurundi Management Zone in the Pages River Water Source, as measured at Benhams Bridge—
- (i)
  the Very Low Flow Class is when there is no visible flow, and
- (ii)
  A Class is when there is a visible flow,
Note—
The augmentation of the local water utility in this water source may trigger review of the flow access rules specified within this Plan in accordance with clause 17 (2) (l).
(p)
for the Scotts Creek Management Zone in the Pages River Water Source, as measured at the Pages River at Blandford gauge (210061)—
- (i)
  the Very Low Flow Class is when there is no visible flow, and
- (ii)
  A Class is when there is a visible flow,
Note—
The flow classes may be amended at year six of this Plan, as set out under clause 17 (2) (c) of this Plan.
(q)
in the Kewell Creek Management Zone in the Pages River Water Source—
- (i)
  the Very Low Flow Class is when there is no visible flow as measured at the Pages River upstream of Kewell Creek gauge (210142),
- (ii)
  A Class is when there is a visible flow as measured at the Pages River upstream of Kewell Creek gauge (210142), and less than 31 ML/day as measured at the Pages River at Gundy Recorder gauge (210052), and
  Note—
  31 ML/day corresponds to the estimated 50th percentile. The percentile refers to the lowest flow month at the gauge and includes all days of record.
- (iii)
  B Class is when there is a visible flow as measured at the Pages River upstream of Kewell Creek gauge (210142) and flows are equal to or greater than 31 ML/day, as measured at the Pages River at Gundy Recorder gauge (210052),
Note—
Due to the limited period that the Kewell Creek gauge (210142) has been in place an equivalent flow cannot be determined at the commencement of this Plan. The flow reference point and separate management zone may be amended by year ten of this Plan, based on correlations of the Kewell Creek gauge to the Blandford and Gundy gauges, as set out under clause 17 (2) (e) of this Plan.
(r)
in the Gundy Management Zone in the Pages River Water Source, as measured at the Pages River at Gundy Recorder gauge (210052)—
- (i)
  the Very Low Flow Class is when there is no visible flow,
- (ii)
  A Class is when there is a visible flow and flows are less than 31 ML/day, and
  Note—
  31 ML/day corresponds to the estimated 50th percentile. The percentile refers to the lowest flow month at the gauge and includes all days of record.
- (iii)
  B Class is when flows are equal to or greater than 31 ML/day,
Note—
The flow classes may be amended by year six of this Plan, as set out under clause 17 (2) (d) of this Plan.
(s)
in the Segenhoe Management Zone in the Pages River Water Source, no flow classes are established by this Plan,
Note—
Very Low Flow Class and the bottom of A Class may be established by year ten of this Plan, based on studies to determine appropriate groundwater levels and trigger points, and appropriate infrastructure being in place to allow rule development, as set out under clause 17 (2) (a) of this Plan.
(t)
for the Isis River Water Source—
- (i)
  the Very Low Flow Class is when there is no visible flow as measured at the Isis River at Stick-Me-Up Bridge gauge (210118),
- (ii)
  A Class is when there is a visible flow as measured at Stick-Me-Up Bridge gauge (210118) and flows are less than 31 ML/day as measured at the Pages River at Gundy Recorder gauge (210052), and
  Note—
  31 ML/day corresponds to the estimated 50th percentile. The percentile refers to the lowest flow month at the gauge and includes all days of record.
- (iii)
  B Class is when there is a visible flow as measured at Stick-Me-Up gauge (210118) and flows are equal to or greater than 31 ML/day as measured at the Pages River at Gundy Recorder gauge (210052),
Note—
Due to the short period of record of flow data at the specified gauge site, studies to determine environmental water requirements and data extension may be undertaken during the term of this Plan to amend the flow conditions by year six of this Plan, as set out under clause 17 (2) (n) of this Plan. This may include development of management zones, separate flow reference points and flow classes. When sufficient data is available B class flows will be measured at the Isis River at Stick-Me-Up Bridge gauge.
(u)
for the Upper Hunter Management Zone of the Upper Hunter River Water Source, as measured at Hunter River at Moonan Damsite gauge (210018) and Hunter River at Belltrees gauge (210039)—
- (i)
  for the first five years of this Plan, the Very Low Flow Class is when there is no visible flow at the Hunter River at Belltrees gauge, for years six to nine of this Plan the Very Low Flow Class is when flows are at or below 7 ML/day at the Hunter River at Moonan Dam gauge or there is no visible flow at the Hunter River at Belltrees gauge, and from year ten of this Plan the Very Low Flow Class is when flows are at or below 12 ML/day at the Hunter River at Moonan Dam gauge or there is no visible flow at the Hunter River at Belltrees gauge, and
  Note—
  7 ML/day corresponds to the estimated 97th percentile and 12 ML/day corresponds to the estimated 95th percentile. The percentile refers to the lowest flow month at the gauge and includes all days of record.
- (ii)
  for the first five years of this Plan, A Class is when there is a visible flow at the Hunter River at Belltrees gauge, for years six to nine of this Plan A Class is when flows are greater than 7 ML/day at the Hunter River at Moonan Dam gauge and there is a visible flow at the Hunter River at Belltrees gauge, and from year ten of this Plan A Class is when flows are greater than 12 ML/day at the Hunter River at Moonan Dam gauge and there is a visible flow at the Hunter River at Belltrees gauge,
Note—
The Very Low Flow Class and A Class may be amended by year ten of this Plan, based on data extension and flow records for the Hunter River at Belltrees gauge (210039) to develop an equivalent percentile flow level to the level at the Moonan Damsite gauge (210018) if this is determined appropriate in consultation with water users, or a new management zone and flow classes may be established in the lower catchment, as set out under clause 17 (2) (f) of this Plan.
(v)
for the Stewarts Brook Management Zone of the Upper Hunter Water Source, as measured at Garlands Bridge and at Hunter River at Belltrees gauge (210039)—
- (i)
  the Very Low Flow Class is when there is no visible flow at Garlands Bridge or at Hunter River at Belltrees gauge (210039), and
- (ii)
  A Class is when there is a visible flow at Garlands Bridge and at Hunter River at Belltrees gauge (210039),
Note—
The Very Low Flow Class and A Class may be amended by year ten of this Plan, based on data extension and flow records for the Hunter River at Belltrees gauge (210039) to amend the visible flow level to a flow level equivalent to the 95th percentile flow class, as set out under clause 17 (2) (f) of this Plan.
(w)
for the Rouchel Brook Water Source, as measured at Rouchel Brook at Rouchel Brook (The Vale) gauge (210014)—
- (i)
  during October to March inclusive—
  - (1)
    the Very Low Flow Class is when flows are equal to or less than 10 ML/day on a rising river, or equal to and less than 2 ML/day on a falling river,
    Note—
    2 ML/day corresponds to the estimated 85th percentile and 10 ML/day corresponds to the estimated 75th percentile. The percentile refers to the lowest flow month at the gauge and includes all days of record.
  - (2)
    A Class is when flows are greater than 10 ML/day and less than 35 ML/day on a rising river, or greater than 2 ML/day and less than 35 ML/day on a falling river, and
    Note—
    35 ML/day corresponds to the estimated 50th percentile. The percentile refers to the lowest flow month at the gauge and includes all days of record.
    Note—
    In addition to the cease to pump rules, the taking of water from pools will only be permitted when there is a visible inflow and outflow. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue.
  - (3)
    B Class is when flows are equal to or greater than 35 ML/day, and
- (ii)
  during April to September inclusive—
  - (1)
    the Very Low Flow Class is when flows are equal to or less than 10 ML/day on a rising river, or equal to or less than 1 ML/day on a falling river,
    Note—
    1 ML/day corresponds to the estimated 88th percentile and 10 ML/day corresponds to the estimated 75th percentile. The percentile refers to the lowest flow month at the gauge and includes all days of record.
  - (2)
    A Class is when flows are greater than 10 ML/day and less than 35 ML/day on a rising river or greater than 1 ML/day and less than 35 ML/day on a falling river, and
    Note—
    35 ML/day corresponds to the estimated 50th percentile. The percentile refers to the lowest flow month at the gauge and includes all days of record.
    Note—
    In addition to the cease to pump rules, the taking of water will only be permitted when there is a visible flow in the water source at the location at which water is proposed to be taken, or where water is being taken from a pool, when there is a visible inflow and outflow to and from that pool. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue.

- - (3)
    B Class is when flows are equal to or greater than 35 ML/day,
  Note—
  2 ML/day and 1 ML/day are referred to as the ‘cease to pump’ on a falling river, and 10 ML/day referred to as the ‘commence to pump’ on a rising river. The basis for using a differential cease to pump in this water source is in recognition of the location of the gauge mid way up the system and the ‘losing’ nature of the Brook. This means that increased flows are required during the spring/summer months to achieve the same level of flow at the end of the water source as would be achieved through the autumn/winter period. These figures will be reviewed by year six of this Plan, as set out under clause 17 (2) (m) of this Plan.
(x)
for the Muswellbrook Water Source, no flow classes are established by this Plan,
Note—
From year six of this Plan, the taking of water will only be permitted when there is a visible flow in the water source at the location at which water is proposed to be taken, or where water is being taken from a pool, when there is a visible inflow and outflow to and from that pool, as required under clause 19 (3) (d) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue. In Sandy Creek there are a number of licences with existing conditions relating to Rouchel Lane Causeway which will be maintained.
Note—
Licences located in the alluvial areas downstream of Wells Gully road bridge will be identified as part of the relevant Hunter Regulated River Alluvial Water Source.
(y)
for the Jerrys Management Zone of the Jerrys Water Source, no flow classes are established by this Plan,
Note—
From year six of this Plan, in the Jerrys Management Zone the taking of water from pools will only be permitted when there is a visible inflow and outflow, as required under clause 19 (3) (d) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue.
(z)
for the Appletree Flat Management Zone of the Jerrys Water Source, no flow classes are established by this Plan,
Note—
Very Low Flow Class and A Class may be established by year ten of this Plan for the Appletree Flat Management Zone, based on studies to determine appropriate groundwater levels and trigger points, and appropriate infrastructure being in place to allow rule development, as set out under clause 17 (2) (a) of this Plan.
(aa)
for the Glennies Water Source, as measured at the causeway on Goorangoola Creek (230 metres downstream of the boundary between DP 752462, Lot 23 and Lot 24)—
- (i)
  the Very Low Flow Class is when there is no visible flow, and
- (ii)
  A Class is when there is a visible flow,
(bb)
for the Glendon Brook Water Source, no flow classes are established by this Plan,
Note—
From year six of this Plan, the taking of water will only be permitted when there is a visible flow in the water source at the location at which water is proposed to be taken, or where water is being taken from a pool, when there is a visible inflow and outflow to and from that pool, as required under clause 19 (3) (d) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue.
(cc)
for the Luskintyre Water Source, no flow classes are established by this Plan,
Note—
From year six of this Plan, the taking of water will only be permitted when there is a visible flow in the water source at the location at which water is proposed to be taken, or where water is being taken from a pool, when there is a visible inflow and outflow to and from that pool, as required under clause 19 (3) (d) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue.
(dd)
for the Singleton Water Source, no flow classes are established by this Plan,
Note—
From year six of this Plan, the taking of water will only be permitted when there is a visible flow in the water source at the location at which water is proposed to be taken, or where water is being taken from a pool, when there is a visible inflow and outflow to and from that pool, as required under clause 19 (3) (d) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue.
(ee)
for the Martindale Creek Water Source, no flow classes are established by this Plan,
Note—
Very Low Flow Class and A Class may be established by year ten of this Plan, based on studies to determine appropriate groundwater levels and trigger points, and appropriate infrastructure being in place to allow rule development, as set out under clause 17 (2) (a) of this Plan.
(ff)
for the Doyles Creek Water Source, no flow classes are established by this Plan,
Note—
Very Low Flow Class and A Class may be established at year ten of this Plan, based on studies to determine appropriate groundwater levels and trigger points, and appropriate infrastructure being in place to allow rule development, as set out under clause 17 (2) (a) of this Plan.
(gg)
for the Lower Wollombi Brook Water Source, as measured at Wollombi Brook at Warkworth gauge (210004)—
- (i)
  no Very Low Flow Class or A Class is established at the commencement of this Plan, and
- (ii)
  B Class is when flows are equal to or greater than 38 ML/day,
  Note—
  38 ML/day corresponds to the estimated 50th percentile. The percentile refers to the lowest flow month at the gauge and includes all days of record.
Note—
Very Low Flow Class and A Class may be established by year ten of this Plan, based on studies to determine appropriate groundwater levels and trigger points, and appropriate infrastructure being in place to allow rule development, as set out under clause 17 (2) (a) of this Plan.
(hh)
for the Black Creek Water Source, no flow classes are established by this Plan,
Note—
From year six of this Plan, the taking of water will only be permitted when there is a visible flow in the water source at the location at which water is proposed to be taken, or where water is being taken from a pool, when there is a visible inflow and outflow to and from that pool, as required under clause 19 (3) (d) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue.
Note—
While it is recognised that the low flows down Black Creek are largely provided for by discharge from Cessnock sewage treatment plant, the Department cannot guarantee that these discharges will continue. The flow access rules will continue in the event that the discharges cease.
(ii)
for the Wallis Creek Water Source, no flow classes are established by this Plan,
Note—
From year six of this Plan, the taking of water will only be permitted when there is a visible flow in the water source at the location at which water is proposed to be taken, or where water is being taken from a pool, when there is a visible inflow and outflow to and from that pool, as required under clause 19 (3) (d) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue.
(jj)
for the Newcastle Water Source, no flow classes are established by this Plan,
Note—
From year six of this Plan, the taking of water will only be permitted when there is a visible flow in the water source at the location at which water is proposed to be taken, or where water is being taken from a pool, when there is a visible inflow and outflow to and from that pool, as required under clause 19 (3) (d) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue.
(kk)
for the Allyn River Management Zone of the Paterson/Allyn Rivers Water Source, as measured at the Allyn River at Halton gauge (210022)—
- (i)
  the Very Low Flow Class is when flows are equal to or less than 15 ML/day on a rising river, or equal to or less than 7 ML/day on a falling river, or there is no visible flow at the Allyn River at Flying Fox Lane (210143),
  Note—
  7 ML/day corresponds to the estimated 92nd percentile and is referred to as the cease to pump on a falling river, and 15 ML/day corresponds to the estimated 85th percentile and is referred to as the commence to pump on a rising river. The percentile refers to the lowest flow month at the gauge and includes all days of record.
- (ii)
  A1 Class is when flows are greater than 15 ML/day and equal to or less than 25 ML/day on a rising river, or greater than 7 ML/day and equal to or less than 25 ML/day on a falling river, and there is a visible flow at the Allyn River at Flying Fox Lane (210143),
  Note—
  25 ML/day corresponds to the estimated 75th percentile. The percentile refers to the lowest flow month at the gauge and includes all days of record.
  Note—
  A1 Class applies to all access licences, excluding unregulated river (high flow) access licences, unregulated river (subcategory “Aboriginal community development” access licences, and local water utility access licences, except where provided for under clause 19 (3) (g) and (i).
- (iii)
  A2 Class is when flows are greater than 25 ML/day and less than 58 ML/day and there is a visible flow at the Allyn River at Flying Fox Lane (210143), and
  Note—
  58 ML/day corresponds to the estimated 50th percentile. The percentile refers to the lowest flow month at the gauge and includes all days of record.
  Note—
  A2 Class only applies to local water utility access licences.
- (iv)
  B Class is when flows are equal to or greater than 58 ML/day and there is a visible flow at the Allyn River at Flying Fox Lane (210143),
Note—
These figures may be reviewed during the term of this Plan with the introduction of a new gauge at a point lower in the water source than the existing gauge as specified in clause 17 (2) (g).
(ll)
for the Paterson River Tributaries Management Zone of the Paterson/Allyn Rivers Water Source, no flow classes are established by this Plan,
Note—
From year six of this Plan, the taking of water will only be permitted when there is a visible flow in the water source at the location at which water is proposed to be taken, or where water is being taken from a pool, when there is a visible inflow and outflow to and from that pool, as required under clause 19 (3) (d) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue.
(mm)
for the Williams River Management Zone of the Williams River Water Source, as measured at the Williams River at Glen Martin (Mill Dam Falls) (210010)—
- (i)
  the Very Low Flow Class is when flows are equal to or less than 6 ML/day,
  Note—
  6 ML/day has the same estimated frequency as 0 ML/day when Chichester Dam was not making transparent releases.
- (ii)
  the Low Flow Class is when flows are equal to or less than 15 ML/day, and
  Note—
  15 ML/day corresponds to the estimated natural 95th percentile flow as used in the Healthy Rivers Commission deliberations.
- (iii)
  A Class is when flows are greater than 15 ML/day,
Note—
The Very Low Flow Class and Low Flow classes are required for the operation of the Williams River Pilot Low Flow Accreditation Scheme. Note that operation to the cease to pump (CtP) specified under the Very Low Flow Class is only operational where an accreditation condition is imposed on the use approval. The CtP level for the Low Flow Class applies to all other access licences.
(nn)
for the Seaham Weir Management Zone of the Williams River Water Source—
- (i)
  for all access licences, excluding major utility access licences, as measured at the visual gauge board at Seaham Weir for extractions from the Seaham Weir Pool—
  - (1)
    the Very Low Flow Class is when water levels are equal to or less than 0.38 metres pool height,
  - (2)
    A Class is when water levels are greater than 0.38 metres pool height and less than or equal to 0.42 metres pool height, and
    Note—
    The 0.38 metres pool height may be amended by year five of this Plan based on studies as specified in clause 17 (2) (i).
  - (3)
    B class is when water levels are greater than 0.42 metres pool height,
- (ii)
  for all major utility access licences—
  - (1)
    the Very Low Flow Class is when water levels are equal to or less than 0.42 metres pool height, as measured at the visual gauge board at Seaham Weir for the taking of water from the Seaham Weir Pool, or when flows are equal to or less than 15 ML/day as measured at the Williams River at Glen Martin (Mill Dam Falls) gauge (210010), and
  - (2)
    the A Class is when water levels are greater than 0.42 metres pool height, as measured at the visual gauge board at Seaham Weir for the taking of water from the Seaham Weir Pool, and when flows are greater than 15 ML/day as measured at the Williams River at Glen Martin (Mill Dam Falls) gauge (210010),
- (iii)
  (Repealed)
Note—
Flow classes for major utility access licences may be amended in the Williams River Water Source upon completion of studies by the Hunter Water Corporation to develop water access rules for the Lower Williams River based on the outcomes of the ‘Surface Water Access Rules for the Lower Williams River’ Supplementary Study, as per clause 17 (2) (i) of this Plan.
(oo)
for the Upper Paterson Water Source, as measured at the Beresford property crossing—
- (i)
  the Very Low Flow Class is when there is no visible flow, and
- (ii)
  A Class is when there is a visible flow,
Note—
The Very Low Flow Class and A Class may be amended at year six of this Plan to introduce a cease to pump at the 95th percentile flow if infrastructure is in place, as set out under clause 17 (2) (j) of this Plan.
(pp)
for the Upper Wollombi Brook Water Source, no flow classes are established by this Plan,
Note—
By year ten of this Plan, Very Low Flow Class and A Class may be established for access licences in the Wollombi Brook Management Zone and Congewai Creek Management Zone, based on studies to determine appropriate cease to pump level and reference site, as required under clause 17 (2) (b) of this Plan.
(qq)
for the North Lake Macquarie Water Source—
- (i)
  within the Cockle Creek catchment, as measured at the causeway on The Weir Road, Barnsley—
  - (1)
    the Very Low Flow Class is when there is no visible flow, and
  - (2)
    A Class is when there is a visible flow, and
- (ii)
  outside of the Cockle Creek catchment, no flow classes established by this Plan,
Note—
From year six of this Plan, the taking of water will only be permitted when there is a visible flow in the water source at the location at which water is proposed to be taken, or where water is being taken from a pool, when there is a visible inflow and outflow to and from that pool, in all tributaries apart from the Cockle Creek catchment, as required under clause 19 (3) (d) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue.
(rr)
for the South Lake Macquarie Water Source, no flow classes are established by this Plan,
Note—
From year six of this Plan, the taking of water will only be permitted when there is a visible flow in the water source at the location at which water is proposed to be taken, or where water is being taken from a pool, when there is a visible inflow and outflow to and from that pool, as required under clause 19 (3) (d) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue.
(ss)
for the Dora Creek Water Source—
- (i)
  within the Dora Creek catchment, as measured at the weir downstream of the road bridge on Freemans Drive, Cooranbong—
  - (1)
    the Very Low Flow Class is when there is no visible flow, and
  - (2)
    A Class is when there is a visible flow, and
- (ii)
  outside of the Dora Creek catchment, no flow classes established by this Plan,
Note—
From year six of this Plan, the taking of water will only be permitted when there is a visible flow in the water source at the location at which water is proposed to be taken, or where water is being taken from a pool, when there is a visible inflow and outflow to and from that pool, in all tributaries apart from the Dora Creek catchment, as required under clause 19 (3) (d) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue.
(tt)
for the Hunter Regulated River Alluvial Water Source, no flow classes are established by this Plan,
Note—
The augmentation of the local water utility in this water source may trigger review of the flow access rules specified within this Plan in accordance with clause 17 (2) (l).
(uu)
for the Wallis Creek Tidal Pool Water Source, no flow classes are established by this Plan,
Note—
Flow classes may be established during the term of this Plan as per the studies specified in clause 17 (2) (k) of this Plan.
(vv)
for the Paterson River Tidal Pool Water Source, no flow classes are established by this Plan,
Note—
Flow classes may be established during the term of this Plan as per the studies specified in clause 17 (2) (k) of this Plan.
(ww)
for the Hunter River Tidal Pool Water Source, no flow classes are established by this Plan,
Note—
Flow classes may be established during the term of this Plan as per the studies specified in clause 17 (2) (k) of this Plan.
(xx)
for the Kars Springs Management Zone in the Wybong Creek Water Source, as measured at Wybong Creek at Kars Springs and Wybong Creek 1—
- (i)
  the Very Low Flow Class is when there is no visible flow at either flow reference point, and
- (ii)
  A Class is when there is a visible flow at both flow reference points,
(yy)
for the Bunnan Management Zone in the Wybong Creek Water Source, as measured at Wybong Creek 1 and Wybong Creek 2—
- (i)
  the Very Low Flow Class is when there is no visible flow at either flow reference point, and
- (ii)
  A Class is when there is a visible flow at both flow reference points,
(zz)
for the White Rock Management Zone in the Wybong Creek Water Source, as measured at Wybong Creek 2 and Wybong Creek 3—
- (i)
  the Very Low Flow Class is when there is no visible flow at either flow reference point, and
- (ii)
  A Class is when there is a visible flow at both flow reference points,
(aaa)
for the Manobalai Management Zone in the Wybong Creek Water Source, as measured at Wybong Creek 3 and Manobalai gauge (210147)—
- (i)
  the Very Low Flow Class is when there is no visible flow at either flow reference point, and
- (ii)
  A Class is when there is a visible flow at both flow reference points,
(bbb)
for the Wybong Management Zone in the Wybong Creek Water Source, as measured at Manobalai gauge (210147) and Wybong Creek gauge (210040)—
- (i)
  the Very Low Flow Class is when there is no visible flow at either flow reference point, and
- (ii)
  A Class is when there is a visible flow at both flow reference points,
(ccc)
for the Cuan Management Zone in the Wybong Creek Water Source, as measured at Cuan Creek 1 and Cuan Creek 2—
- (i)
  the Very Low Flow Class is when there is no visible flow at either flow reference point, and
- (ii)
  A Class is when there is a visible flow at both flow reference points,
(ddd)
for the Cuan and Reedy Creeks Management Zone in the Wybong Creek Water Source, as measured at Cuan Creek 2 and Cuan Creek 3—
- (i)
  the Very Low Flow Class is when there is no visible flow at either flow reference point, and
- (ii)
  A Class is when there is a visible flow at both flow reference points.

(1A)

The following flow reference points are defined for the flow classes established in subclause (1) (xx)–(ddd)—

(a)
Wybong Creek at Kars Springs is the ford across Little Creek Road at Kars Springs (145 metres from Kars Springs Road along Little Creek Road), 10 metres from the western boundary of Lot 33, DP 750946 (Parish of Terell, County of Brisbane),
(b)
Wybong Creek 1 is the cobble riffle extending 50 metres upstream from the Staunton Bridge across Wybong Creek at Bunnan on the southern boundary of Lot 1, DP 224163 (Parish of Webimble, County of Brisbane),
(c)
Wybong Creek 2 is the rock bar 50 metres upstream from the Ridgelands Road Bridge across Wybong Creek upstream of “White Rock”. The rock bar is situated on the common boundary point between Lot 207, DP 723279 (Parish of Webimble, County of Brisbane), Lot 6, DP 47284 (Parish of Webimble, County of Brisbane) and Lot 205, DP 720650 (Parish of Tyrone, County of Brisbane),
(d)
Wybong Creek 3 is the ford on Ridgelands Road across Wybong Creek at “Ridgelands”, adjacent to Lot 4, DP 113992 (Parish of Webimble, County of Brisbane) and Lot 1, DP 949967 (Parish of Guan Gua, County of Brisbane),

(e)
Manobalai gauge (210147) as shown on the Plan Map,
Note—
Real time flow data for the Manobalai gauge (210147) is provided on the Department’s website label="(f)">(f)
Wybong Creek gauge (210040) as shown on the Plan Map,
Note—
Real time flow data for the Wybong Creek gauge (210040) is provided on the Department’s website label="(g)">(g)
Cuan Creek 1 is the rock bar immediately downstream of the Guan Guan Bridge across Cuan Creek, 8 kilometres east of Bunnan on the Merriwa to Scone Road,
(h)
Cuan Creek 2 is the rock bar in Cuan Creek adjacent to the cottage at “The Valley”, Lot 15, DP 750928 (Parish of Guan Guan, County of Brisbane),
(i)
Cuan Creek 3 is the cobble riffle extending 100 metres downstream of the southern boundary of Lot 1, DP 126490 (Parish of Guan Guan, County of Brisbane).

(2)

The Minister may amend subclauses (1) (a) to (1) (ww) to alter the existing flow classes or establish new or additional flow classes in—

(a)
the Baerami Creek, the Widden Brook, the Bylong River, the Wollar Creek, the Upper Goulburn River, the Lower Goulburn River, the Martindale Creek, the Doyles Creek and the Lower Wollombi Brook Water Sources, the Appletree Flat Management Zone of the Jerrys Water Source, the Segenhoe Management Zone of the Pages River Water Source, the Giants Creek Management Zone of the Halls Creek Water Source, and the Lower Dart Brook Management Zone, the Lower Middle Brook and the Kingdon Ponds Management Zone of the Dart Brook Water Source, by the commencement of year ten of this Plan, based on studies to determine appropriate groundwater levels, trigger points and groundwater dependent ecosystems, and appropriate infrastructure being in place to allow rule development, including the identification of appropriate commence to pump levels,
Note—
Commence to pump levels may be required to assist in the protection of recharge in highly connected surface waters and groundwater.
(b)
the Halls Creek Management Zone of the Halls Creek Water Source, and the Wollombi Brook Management Zone and the Congewai Creek Management Zone of the Upper Wollombi Brook Water Source, by the commencement of year ten of this Plan, based on studies to determine appropriate groundwater levels or surface water levels, and flow reference points, to allow rule development,
(c)
the Upper Dart Brook Management Zone and the Upper Middle Brook Management Zone of the Dart Brook Water Source, and the Scotts Creek Management Zone of the Pages River Water Source, by the commencement of year six of this Plan, such that the top of the Very Low Flow Class is set at a flow equal to or less than the 95th percentile flow level, subject to consideration of the socio-economic impacts and environmental requirements,
(d)
the Gundy Management Zone of the Pages River Water Source, by the commencement of year six of this Plan, such that the top of the Very Low Flow Class is equal to or less than 0.6 ML/day, subject to consideration of the socio-economic impacts of the increased cease to pump level on water users, and the environmental requirements of the water source,
Note—
In the Gundy Management Zone 0.6 ML/day (cease to pump) and 1.0 ML/day (commence to pump) access rules were originally proposed by the Pages River and Tributaries Water Users Association (WUA) as part of the targeted consultation period. In light of concerns raised by water users about the implementation of access rules at this level for the specified five year period, the WUA is encouraged to review the frequency of these flow levels and impacts on the taking of water and livelihood during the first five years of this Plan to help inform the setting of appropriate cease to pump rules at year six of this Plan.
(e)
in the Kewell Creek Management Zone in the Pages River Water Source, following an amendment under paragraph (d) and the extension of flow records for the Pages River upstream of Kewell Creek gauge (210142), such that—
- (i)
  the top of the Very Low Flow Class is equal to the equivalent flow to the top of the Very Low Flow Class for the Gundy Management Zone as measured at the Pages River at Gundy Recorder gauge (210052), or
- (ii)
  the top of the Very Low Flow Class and the top of A Class are based on correlation of flows between the Pages River upstream of Kewell Creek gauge (210142), the Pages River at Gundy Recorder gauge (210052) and the Pages River at Blandford gauge (210061),
Note—
The correlation of flows for the Kewell Creek Management Zone may result in a change to the flow reference point used for the access rules or the need for a separate management zone for Kewell Creek.
(f)
the Upper Hunter Water Source, by year ten of this Plan, following the extension of flow records for the Hunter River at Belltrees gauge (210039) and consultation with water users—
- (i)
  for the Upper Hunter Management Zone to specify—
  - (1)
    the top of the Very Low Flow Class being when flows are at or below the equivalent percentile flow at the Hunter River at Belltrees gauge (210039) to flows in the Hunter River at Moonan Damsite gauge (210018) as specified in clause 17 (1) (u), and the bottom of A Class as being when flows are greater than that equivalent percentile flow, or
  - (2)
    if more appropriate, a new management zone established between Hunter River at Moonan Damsite gauge (210018) with the top of the Very Low Flow Class being when flows are at or below the equivalent percentile flow at the Hunter River at Belltrees gauge (210039) to flows in the Hunter River at Moonan Damsite gauge (210018) as specified in clause 17 (1) (u), and the bottom of A Class as being when flows are greater than that equivalent percentile flow, and
- (ii)
  for the Stewarts Brook Management Zone, such that the top of the Very Low Flow Class is when there is no visible flow at the Hunter River at Moonan Damsite gauge (210018) or the flow at Belltrees gauge (210039) is at or below the 95th percentile flow, and such that the bottom of A Class is when there is a visible flow at the Hunter River at Moonan Damsite gauge (210018) and the flow at Belltrees gauge (210039) is greater than the 95th percentile flow,
(g)
the Allyn River Management Zone of the Paterson/Allyn Water Source, by year ten of this Plan, following the introduction of a new flow gauge within the management zone located at a point lower in the system than the existing gauge and studies to investigate equivalent flow class levels, based on flow data from the new gauge,
(h)
the Merriwa River Water Source, following the reinstatement of infrastructure within the water source, taking into account the previous licence conditions relevant to the Merriwa Town gauge,
(i)
the Williams River Water Source, during the term of this Plan—
- (i)
  due to the implementation of the Williams River Flow Accreditation Scheme, to amend the Very Low Flow Class and Low Flow Class, and
- (ii)
  to amend the Very Low Flow Class for users extracting from the Seaham Weir Management Zone, following any studies to determine the appropriateness of the 0.38 metres cease to pump flow level in protecting environmental values,
(j)
the Upper Paterson Water Source, from year six of this Plan, following any introduction of a flow gauge within the water source and studies to investigate the 95th percentile flow level,
(k)
in the Hunter River Tidal Pool, the Wallis Creek Tidal Pool and the Paterson River Tidal Pool Water Sources, during the term of this Plan, following a study to determine the appropriate location for the installation of a salinity probe, or other relevant infrastructure, and assessment of the users and the taking of water within the water source,
Note—
It is recognised that tidal pool water sources are different systems from those upstream. Tidal influences and salinity may impact on the ability of users to extract water generally more than instantaneous flow levels. Flow levels are used to manage upstream water sources, however, in tidal pool water sources different management options such as salinity levels should be considered. The differences between the tidal pool water sources in the Hunter should also be noted. For example the Paterson River Tidal Pool Water Source and Hunter River Tidal Pool Water Source receive different end of system flows due to the respective upstream Water Sharing Plans for the regulated river systems, and also have differing characteristics which may influence salinity levels (e.g. the size and frequency of freshes). As a result the tidal pool water sources may not only have different access rules in their respective upstream water sources but also from each other due to the unique characteristics of each tidal pool area.
(l)
the Pages River Water Source, the Dart Brook Water Source, the Lower Goulburn River Water Source, the Hunter Regulated River Alluvial Water Source, during the term of this Plan, based on augmentation of the local water utility,
(m)
the Rouchel Brook Water Source, by the commencement of year six of this Plan, such that the top of the Very Low Flow Class on a falling river is within the range of 0 ML/day and 2 ML/day, subject to consideration of the socio-economic impacts and environmental requirements,
(n)
the Isis River Water Source, by the commencement of year six of this Plan, if—
- (i)
  separate management zones are not established under clause 6, such that the top of the Very Low Flow Class on a falling river is equal to the 95th percentile flow level or 1.5 ML/day, whichever is the higher, subject to consideration of the socio-economic impacts and environmental requirements, and
- (ii)
  separate management zones are established—
  - (1)
    for an upper management zone, a cease to pump based on studies to determine an appropriate surface water cease to pump level, including consideration of longitudinal connectivity and links between flows in the upper management zone and water levels in remnant pools in the lower management zone, and flow reference points, and
  - (2)
    for a lower management zone, such that the top of the Very Low Flow Class on a falling river is equal to the 95th percentile flow level or 1.5 ML/day, whichever is the higher, subject to consideration of the socio-economic impacts and environmental requirements, and
Note—
In the Isis River Water Source the determination of a cease to pump level should take into the consideration the initial cease and commence to pump levels of 1.5 ML/day and 3 ML/day respectively originally proposed by the Pages River and Tributaries Water Users Association (WUA) as part of the targeted consultation period. In light of concerns raised by water users about the implementation of access rules at this level for the specified five year period, the WUA is encouraged to review the frequency of these flow levels and impacts on the taking of water and livelihood during the first five years of this Plan to help inform the setting of appropriate access rules at year six of this Plan. There is currently insufficient data available from the river gauge on the Isis River to determine the 95th percentile.
(o)
any water source where management zones or water sources are added or amended as per clause 6 during the term of this Plan.

(3)

The Minister may amend the existing flow classes or establish new or additional flow classes based on the introduction of a Flow Accreditation Scheme to a water source.

Note—

This reflects the level of interest shown by many Water Users Associations during the targeted consultation period to the potential application (dependent on available resources) of the Flow Accreditation Scheme, currently being trialled in the Williams River, to other water sources in the future. It is recognised that management of water extraction is only one component of river management and many landholders are carrying out on-farm activities to achieve environmental outcomes.

Part 4Environmental water provisions18Environmental water provisions

This Part is made in accordance with sections 8, 8A, 8B, 8C, 8D, 8E and 20 (1) (a) of the Act.

19Planned environmental water(1)

Planned environmental water is identified and established in these water sources as follows—

(a)
water volume in excess of the respective long-term average annual extraction limit established in clause 44 of this Plan may not be taken and used for any purpose in these water sources, thereby protecting a proportion of river flows for fundamental ecosystem needs from increases in long-term water extraction, and
(b)
for all water sources, the water remaining in the water source after the taking of water to meet basic landholder rights and for access licences in accordance with the rules identified in subclause (3) and clause 68.

(2)

The planned environmental water established in subclause (1) (a) for these water sources is maintained by the rules in clause 47 that limit the availability of water for extraction under access licences, thereby protecting a proportion of natural river flows for fundamental ecological needs from increases in long-term water extraction.

(3)

Subject to subclause (8), the planned environmental water established in subclause (1) (b) is maintained as follows—

(a)
subject to paragraph (i), water must not be taken under an access licence with a share component that specifies a water source or an extraction component that specifies a management zone with a Very Low Flow Class that has commenced, when flows are in the relevant Very Low Flow Class. This paragraph does not apply to a major utility access licence with an extraction component which specifies the Seaham Weir Management Zone in the Williams River Water Source, when—
- (i)
  flows in the Williams River at the Glen Martin (Mill Dam Falls) gauge (210010) are greater than 600 ML/day, and
- (ii)
  the water level in the Seaham Weir Pool in the William River Water Source, as measured at the visual gauge board, is greater than 0.32 metres pool height,
Note—
The effect of this paragraph is that major utility access licences in the Seaham Weir Management Zone in the Williams River Water Source are permitted to commence pumping when flows are in the Very Low Flow Class when a high flow event is occurring. The system shall be managed such that there will be at least 0.32 metres pool height in Seaham Weir Pool at the end of the event.
(b)
subject to paragraph (i), water must not be taken under an access licence where a cease to take condition that was specified in the Water Act 1912 entitlement that the access licence replaces is, in the Minister’s opinion, higher than—
- (i)
  the upper limit of the relevant Very Low Flow Class (as specified in clause 17), or
- (ii)
  the access rules specified in paragraph (c)–(e),
when flows are at or less than the cease to take condition that was specified in the replaced Water Act 1912 entitlement. The rules in this paragraph do not apply to the Wybong Creek Water Source,
(c)
subject to paragraph (i), an access licence must not be used to take water in the Rouchel Brook Water Source—
- (i)
  if there is no visible flow in the water source at the location at which water is proposed to be taken, or
- (ii)
  where water is being taken from a pool, if there is no visible inflow or outflow to and from that pool,
(d)
subject to paragraph (i), from year six of this Plan, an access licence must not be used to take water in the Munmurra River Water Source, the Krui River Water Source, the Bow River Water Source, the Muswellbrook Water Source, the Jerrys Water Source, the Glendon Brook Water Source, the Luskintyre Water Source, the Singleton Water Source, the Black Creek Water Source, the Wallis Creek Water Source, the Paterson River Tributaries Management Zone in the Paterson/Allyn Rivers Water Source, the Petwyn Vale Management Zone in the Dart Brook Water Source, the North Lake Macquarie Water Source excluding Cockle Creek catchment, the South Lake Macquarie Water Source, the Dora Creek Water Source, excluding Dora Creek catchment and the Newcastle Water Source—
- (i)
  if there is no visible flow in the water source at the location at which water is proposed to be taken, or
- (ii)
  where water is being taken from a pool, if there is no visible inflow and outflow to and from that pool,
(e)
subject to paragraph (i), for the first five years of this Plan, an access licence must not be used to take water from the Merriwa River Water Source if there is no visible flow in the water source at the location at which water is proposed to be taken,
(f)
water must not be taken under any of the following access licences when flows are in the Very Low Flow Class, A Class, A1 Class or A2 Class—
- (i)
  an unregulated river (subcategory “Aboriginal community development”) access licence,
- (ii)
  an unregulated river (high flow) access licence,
(g)
water must not be taken under a major utility access licence with an extraction component which specifies the Allyn River Management Zone in the Paterson/Allyn Rivers Water Source when flows are in the Very Low Flow Class or A1 Class, unless the presence of blue green algae at the Gresford Water Treatment Plant offtake prevents the water in the Paterson Regulated River to be treated to a potable standard,
(h)
water must not be taken under an unregulated river access licence with an extraction component which specifies the Williams River Management Zone in the Williams River Water Source when flows are in the—
- (i)
  Very Low Flow Class or Low Flow Class if the access licence holder is not accredited under the Williams River Accreditation Scheme,
- (ii)
  Very Low Flow Class if the access licence holder is accredited under the Williams River Accreditation Scheme,
(i)
paragraphs (a)–(e) do not apply to the following—
- (i)
  the taking of water under an access licence to which Schedule 2 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 paragraph (j)—
  - (1)
    fruit washing,
  - (2)
    cleaning of dairy plant and equipment for the purpose of hygiene,
  - (3)
    poultry watering and misting, or
  - (4)
    cleaning of enclosures used for intensive animal production for hygiene purposes,
- (ii)
  the taking of water for domestic consumption under a domestic and stock access licence or a domestic and stock (subcategory “domestic”) access licence in these water sources, excluding the Wybong Creek Water Source, 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,
  Note—
  Domestic consumption is defined in section 52 of the Act.
- (iii)
  the taking of water for domestic consumption under a domestic and stock access licence or a domestic and stock (subcategory “domestic”) access licence in the Wybong Creek Water Source, that existed at the commencement of the Water Sharing Plan for the Wybong Creek Water Source 2003, provided that the volume of water taken does not exceed 1 kilolitre per house supplied by the access licence per day,
- (iv)
  the taking of water using a runoff harvesting dam or from an in-river dam pool,
- (v)
  the taking of water under all access licences that nominate a water supply work that may be used to take water from the alluvial sediments in these water sources to which the access rules for unregulated river access licences do not apply as specified in clause 68, and
- (vi)
  the taking of water under a local water utility access licence to which Schedule 2 applies, until such time as the Minister is satisfied that major augmentation of the access licence holder’s water supply system has occurred, for the purposes of town water supply only,
(j)
the Minister may reduce the maximum daily volume limit imposed by the rule under paragraph (i) (i) if the Minister is satisfied that the reduced volume is satisfactory to meet the purpose referred to in that subclause,
(k)
water must not be taken from an in-river dam pool unless the in-river dam is passing such flows in such circumstances as specified on the water supply work approval for the in-river dam,
(l)
the flows and circumstances to be specified on the water supply work approval for the in-river dam referred to in paragraph (k) are—

- (viii)
  any other information required to be recorded in the Logbook under the rules of this Plan,
(c)
the holder of an access licence must produce the Logbook to the Minister for inspection, when requested, and
(d)
the holder of an access licence must retain the information required to be recorded in the Logbook for five years from the date to which that information relates.

(3)

The Minister may require the holder of an access licence that nominates only a metered water supply work with a data logger to keep a Logbook in accordance with any requirements from subclause (2).

(4)

All major utility access licences held by Hunter Water Corporation in the Greater Hunter Extraction Management Unit must have a mandatory condition to give effect to clauses 47 (6)–(10).

(5)

An access licence for an approved EPA Act development must have mandatory conditions where required to give effect to the rules for the use of water supply works located within the restricted distances specified in clause 41A.

(6)

(Repealed)

Division 3Water supply work approvalsNote—

This Division is made in accordance with sections 17 (c) and 100 of the Act.

77General(1)

Water supply work approvals for water supply works in these water sources must have mandatory conditions where required to give effect to the following—

(a)
when directed by the Minister by notice in writing, the approval holder must have metering equipment installed that meets the following requirements—
- (i)
  the metering equipment must accurately measure and record the flow of all water taken through the water supply work,
- (ii)
  the metering equipment must comply with the Australian Standard AS 4747, Meters for non-urban water supply, as may be updated or replaced from time to time,
- (iii)
  the metering equipment must be operated and maintained in a proper and efficient manner at all times,
- (iv)
  the metering equipment must be sited and installed at a place in the pipe, channel or conduit between the water source and the first discharge outlet. There must be no flow of water out of the pipe, channel or conduit between the water source and the metering equipment, and
- (v)
  any other requirements as to type, standard or other criteria for the metering equipment specified in the notice,
Note—
The Minister may also direct a landholder or person to install, replace or properly maintain metering equipment under section 326 of the Act.
(b)
if a water supply work is no longer to be used permanently, then the approval holder of that work must decommission that work and provide the Minister with notice in writing that the approval holder intends to decommission the water supply work. This notice must occur at least ninety days prior to the date of commencement of decommissioning,
(c)
upon receiving notice of the intention to decommission from the approval holder under paragraph (b), the Minister may by notice in writing require that the water supply work not be decommissioned, or that the water supply work be decommissioned in accordance with other requirements. These requirements may be specified by the Minister in a work plan,
Note—
If a notice in writing is required from the Minister regarding the decommissioning of a water supply work, this notice will be sent to the approval holder within sixty days of the notice under paragraph (b) being sent.
(d)
if the approval holder receives a notice from the Minister under paragraph (c), the approval holder must proceed in accordance with any requirements in that notice,
(e)
if the approval holder does not receive a notice from the Minister under paragraph (c) within sixty days of providing notice of the intent to decommission under paragraph (b), the approval holder must decommission the water supply work,
(f)
within sixty days of the water supply work being decommissioned under paragraphs (d) or (e), the approval holder must notify the Minister in writing that the water supply work has been decommissioned,
(g)
the holder of the water supply work approval upon becoming aware of a breach of any condition of the approval must—
- (i)
  notify the Minister as soon as practicable, and
- (ii)
  if the notification under subparagraph (i) was not in writing, confirm this notification in writing within seven days of becoming aware of the breach, and
(h)
any other conditions required to implement the provisions of the Plan.

(2)

Water supply work approvals for water supply works in these water sources, excluding a water supply work that is a metered water supply work with a data logger or is used for the purpose of taking water under basic landholder rights, must have mandatory conditions where required to give effect to the following—

(a)
the holder of a water supply work approval must keep a Logbook,
(b)
the holder of a water supply work approval must record the following in the Logbook—
- (i)
  each date and period of time during which water was taken using the water supply work,
- (ii)
  the volume of water taken on that date,
- (iii)
  the access licence number of the access licence under which water was taken on that date, or, if water was taken under some other authority (such as basic landholder rights), the authority under which water was taken,
- (iv)
  the purpose or purposes for which the water was taken on that date,
- (v)
  details of any cropping carried out using the water taken through the water supply work including the type of crop, area cropped and dates of planting and harvesting,
- (vi)
  where metering equipment has been installed for use in connection with the water supply work, the meter reading before water is taken,
- (vii)
  where metering equipment has not been installed for use in connection with the water supply work, details of all pumping activities for the water supply work including pump running hours, pump power usage or pump fuel usage, pump start and stop times and pump capacity per unit of time, and
- (viii)
  any other information required to be recorded in the Logbook under the rules of this Plan,
(c)
the holder of the water supply work approval must produce the Logbook to the Minister for inspection, when requested, and
(d)
the holder of a water supply work approval must retain the information required to be recorded in the Logbook for five years from the date to which that information relates.

(3)

The Minister may require the holder of a water supply work approval for a metered water supply work with a data logger to keep a Logbook in accordance with any requirements under subclause (2).

(4)

All water supply work approvals for water supply works in these water sources must contain mandatory conditions to require that the water supply work must not be used to take water unless, before water is taken, the holder of the water supply work approval confirms that the relevant cease to take conditions do not apply. Where the holder is required to keep a Logbook, the holder must record that confirmation and the means of confirmation (such as visual inspection or internet search), in the Logbook.

(5)

A water supply work approval which authorises the construction or use of a water supply work which is nominated by a local water utility access licence or major utility access licence in these water sources, including all subcategories of major utility access licences, must have mandatory conditions where required to give effect to the relevant release rules for local water utility and major utility storages specified in Part 14 of this Plan.

(6)

Water supply work approvals for runoff harvesting dams and in-river dams must have a mandatory condition where required to give effect to clause 36.

78Water supply works used to take water from the alluvial sediments in these water sources(1)

This clause applies to all water supply work approvals for water supply works that may be used to take water contained within the alluvial sediments in these water sources.

(2)

Water supply work approvals to which this clause applies must have mandatory conditions where required to give effect to the following—

(a)
the rules for limiting the taking of water within the distance restrictions as specified in clause 41A,
(b)
the approval holder must ensure the new water supply work is constructed so as to be—
- (i)
  screened in the groundwater source specified in the share component of the access licence that nominates the water supply work, and
- (ii)
  sealed off from other sources of water,
(c)
the construction of a new water supply work must—
- (i)
  comply with the restricted distances specified in or specified by the Minister in accordance with clauses 39–41,
- (ii)
  comply with the construction standards for that type of bore prescribed in the Minimum Construction Requirements for Water Bores in Australia, 2012,
- (iii)
  be constructed appropriately so as to prevent contamination between aquifers, and
- (iv)
  be constructed to prevent the flow of saline water between aquifers as directed by the Minister in writing,
(d)
if a water supply work is no longer to be used permanently, then the approval holder of that work must decommission that work and provide the Minister with notice in writing that the approval holder intends to decommission the water supply work. This notice must occur at least ninety days prior to the date of commencement of decommissioning and include a work plan for decommissioning in accordance with the Minimum Construction Requirements for Water Bores in Australia,
(e)
upon receiving notice of the intention to decommission from the approval holder under paragraph (d), the Minister may by notice in writing, require that the water supply work not be decommissioned, or that the water supply work be decommissioned in accordance with other requirements,
Note—
If a notice in writing is required from the Minister regarding the decommissioning of a water supply work, this notice will be sent to the approval holder within sixty days of the notice under paragraph (d) being sent.
(f)
if the approval holder receives a notice from the Minister under paragraph (e), the approval holder must proceed in accordance with any requirements in that notice,
(g)
if the approval holder does not receive a notice from the Minister under paragraph (e) within sixty days of providing notice of the intent to decommission under paragraph (d), the approval holder must decommission the water supply work in accordance with the work plan,
(h)
within sixty days of the water supply work being decommissioned under paragraphs (f) or (g), the approval holder must notify the Minister in writing that the water supply work has been decommissioned and provide the name of the driller who decommissioned the work,
(i)
if, during the construction of the water supply work, contaminated water is encountered above the production aquifer, the approval holder must—
- (i)
  notify the Minister within 48 hours of becoming aware of the contaminated water,
- (ii)
  take all reasonable steps to minimise contamination and environmental harm,
- (iii)
  ensure that such water is sealed off by inserting casing to a depth sufficient to exclude the contaminated water from the water supply work and, if specified by the Minister, place an impermeable seal between the casing(s) and the walls of the water supply work from the bottom of the casing to ground level as specified by the Minister, and
- (iv)
  if the Minister has specified any other requirements, comply with any requirements specified by the Minister in writing,
(j)
when directed by the Minister by notice in writing, the approval holder must provide a report in the form specified in the notice detailing the quality of any water obtained using the water supply work,
(k)
the authority to construct a water supply work under a water supply work approval will expire if the construction of that water supply work is not completed within three years of the issue of the water supply work approval,
(l)
any other conditions required to implement the provisions of this Plan.

(3)

A water supply work approval granted in circumstances where clause 39 (6) applies, must have a mandatory condition to give effect to clause 39 (6) (c).

79–84

(Repealed)

Part 14System operation rules85Release rules from major utility storages(1)

In the Williams River Water Source—

(a)
subject to paragraphs (b) and (f), when combined inflows from the Chichester and Wangat Rivers into Chichester Dam storage are less than 14 ML/day, a daily release of water equivalent to the combined inflows must be made,
(b)
releases of water are not required to be made when Chichester Dam is spilling at a rate that equals or exceeds the daily release requirement referred to in paragraph (a),
(c)
subject to paragraphs (d) and (f), when combined inflows from the Chichester and Wangat Rivers into Chichester Dam storage are equal to or greater than 14 ML/day, and Chichester Dam is not spilling, Hunter Water Corporation must make daily releases from Chichester Dam in the range of 10 ML/day to 30 ML/day in accordance with a release pattern determined by the Minister and specified as a mandatory condition on the water supply work approval in accordance with paragraph (d),
Note—
If the combined inflows from the Chichester and Wangat Rivers into Chichester Dam storage fall below 14 ML/day and then rise again above 14 ML/day, releases are to commence at the start of the release pattern.
(d)
the release pattern specified in paragraph (c) must achieve an average daily release of 14 ML/day if followed for a week,
(e)
when combined inflows from the Chichester and Wangat Rivers into Chichester Dam storage are equal to or greater than 14 ML/day, and Chichester Dam is spilling at a rate that does not equal or exceed the daily release requirement specified in paragraph (c), daily releases of water must be made such that the combination of the volume of water spilled from Chichester Dam and releases equals the daily release requirement referred to in paragraph (c), and
(f)
the Minister may suspend or alter the daily release requirements under paragraphs (a) and (c) for the purpose of an emergency or maintenance activity that has the potential to temporarily affect the flow volume or behaviour of water for periods of more than 24 hours.

(2)

The Minister may amend this Plan, during the term of this Plan, to amend subclause (1) to include release rules for Seaham Weir storage, based on the outcomes of the ‘Surface Water Access Rules for the Lower Williams River’ Supplementary Study to be undertaken by Hunter Water Corporation.

Note—

A study, as part of the licence requirements, is currently being undertaken to determine access rules and entitlements for the major utility access licence in this water source. The major utility currently extracts from both low and high flows however a breakdown of the volume from each has not been undertaken.

(3)

In the Jerrys Water Source—

(a)
no releases are required to be made from Lake Plashett, and
(b)
releases from Lake Lidell may only be made in accordance with the Protection of the Environment Operations (Hunter River Salinity Trading Scheme) Regulation 2002.

(4)

In the Upper Hunter Water Source, all natural inflows to Oakey Creek Dam must be allowed to pass downstream to Oakey Creek.

(5)

In the Newcastle Water Source, no releases are required to be made from Grahamstown Dam.

Part 15Amendment of this Plan86Amendment of this Plan(1)

Amendments specified throughout this Plan, and in this Part, are amendments authorised by this Plan.

(2)

Amendments authorised by this Plan are taken to include any consequential amendments required to be made to this Plan to give effect to that particular amendment.

Note—

For example, if Part 1 is amended to add a new management zone, this may require amendment to other parts of this Plan to include rules for that management zone.

(3)

An amendment authorised by this Plan which results in a variation of the bulk access regime, is an amendment authorised by this Plan for the purposes of section 87 (2) (c) and 87 AA of the Act.

(4)

Clause 44 may be amended to vary the long-term average annual extraction limit that applies to the extraction management unit or that water source following the surrender under section 77 of the Act of an access licence and then the cancellation under section 77A (6) of the Act of an access licence in one of these water sources.

87Amendment of tidal pool provisions(1)

The Minister may amend this Plan to establish or modify flow classes, establish or modify a flow reference point, or amend access licence dealing rules, in the Wallis Creek Tidal Pool Water Source, the Paterson River Tidal Pool Water Source and the Hunter River Tidal Pool Water Source, following the review of a study referred to in clause 17 (2) (k) and the determination of licence entitlements.

(2)

The Minister should cause the development of access rules, and review of dealing rules in subclause (1) to be undertaken by year five of this Plan where possible, and no later than year ten of this Plan.

(3)

In developing the access rules and reviewing the dealing rules the Minister should consult with the Department of Environment and Climate Change, the Department of Primary Industries, Local Land Services, and representatives of interest groups and water users as required.

88Amendment of pool protection provisions(1)

The Minister may amend this Plan to establish pool control levels and key sites in applicable water sources.

(2)

For the purpose of such amendments, a study to identify pool control levels and key sites should be undertaken as soon as practicable, but before year six of this Plan.

(3)

The study should assess whether the pool control levels and key sites are required and whether they meet the objective specified in clause 10 (a) of this Plan, and specifically considering—

(a)
the suitability of the location of the key sites used in assessing pool health upstream of the site,
(b)
the drawdown of the water levels from the pool upstream of the key site during periods of extraction, and
(c)
the significance of the pools that are impacted by the drawdown.

(4)

In preparing the study—

(a)
consultation with the Department of Environment and Climate Change, the Department of Primary Industries, Local Land Services and representatives of interest groups should be undertaken, as required, and
(b)
a report should be prepared to be used by the agencies and stakeholders specified in paragraph (a) documenting—
- (i)
  the methodology adopted,
- (ii)
  the hypotheses tested,
- (iii)
  the field results and conclusions in terms of the degree to which the objective in clause 10 (a) is met,
- (iv)
  the pool control levels and key sites recommended to meet the objective, and
- (v)
  the socio-economic impacts of the recommended changes to the pool controls.

89Amendments due to floodplain harvesting

This Plan may be amended to provide for the floodplain harvesting of water, subject to the amendments not affecting the outcomes of the long-term average annual extraction limit specified within this Plan.

Note—

This means that this Plan can be changed to issue and manage floodplain harvesting licences provided that the long-term average annual extraction limit does not increase or decrease.

90Amendments to access rules

The Minister may amend this Plan—

(a)
to establish alternate management zones in the Williams River Water Source,
(b)
to amend or establish alternate flow classes in the Williams River Water Source,
(c)
to amend the share components in the Williams River and/or Newcastle Water Sources,
(d)
to amend the long-term average annual extraction limit for the Hunter Extraction Management Unit, or
(e)
to amend and/or establish additional accounting provisions.

91Amendments for alluvial aquifers downstream of the tidal limit

The Minister may amend this Plan, where required, to include provisions and rules for any alluvial aquifer that is downstream of the tidal limit and within or outside of the area of this Plan.

92Amendments for stormwater harvesting

The Minister may amend this Plan to include rules for any new category of access licence established under the Act for the purpose of stormwater harvesting.

93Amendments in relation to Schedule 2 (Very Low Flow)

The Minister may amend this Plan to—

(a)
add a Water Act 1912 entitlement or access licence to Schedule 2, but only if the taking of water under that entitlement was for a purpose referred to in clause 19 (3) (i) (i) and the purpose existed prior to 1 July 2008,

(b)
remove a Water Act 1912 entitlement from Schedule 2, if—
- (i)
  any access licence dealing results in water being taken, under the access licence which replaced the Water Act 1912 entitlement, from a different location, or
- (ii)
  an alternative water supply is obtained that satisfies the requirement(s) for water for the purposes listed in this clause, or the purpose no longer exists, or
- (iii)
  the access licence which replaced the Water Act 1912 entitlement is surrendered or cancelled,
(c)
amend or remove Schedule 2 to this Plan, following an assessment which determines that the requirement for access to water in the Very Low Flow Class under this clause is no longer required generally or for specific access licences,
(d)
remove a Water Act 1912 entitlement from Schedule 2 that has been converted to a local water utility access licence,
(e)
add a local water utility access licence to Schedule 2, provided the Minister is satisfied that the water supply system used to take, store and deliver water has not undergone major augmentation since the commencement of this Plan,
(f)
remove a local water utility access licence or former Water Act 1912 entitlement from Schedule 2 if 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,
(g)
for the purposes of paragraphs (e) and (f), major augmentation includes anything which enhances or increases the local water utility’s capacity to take water to meet town water supply requirements as a result of demand for water exceeding the sustainable yield of the utility’s existing infrastructure, for example, a larger pump, a larger storage facility, a larger pipe, or a secondary or additional water source.

94Amendments in relation to the mandatory conditions

Part 13 may be amended to do any of the following—

(a)
amend the rules in relation to record keeping including amendments in relation to requirements for Logbooks, or
(b)
amend clause 77 and 78 to specify different standards or requirements for decommissioning water supply works or construction requirements for water supply works.

95Other amendments to this Plan

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

Schedule 1Dictionary

The following definitions apply to this Plan in addition to the definitions set out in the Act—

approved EPA Act development means—

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

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.

flow gauging station is a device that is used to measure the height of a river or flow in a river.

groundwater is water that occurs beneath the ground surface in the saturated zone.

groundwater dependent ecosystems include ecosystems which have their species composition and natural ecological processes wholly or partially determined by groundwater.

high priority groundwater dependent ecosystems include groundwater dependent ecosystems which are considered high priority for protection or restoration.

in-river dam is a dam located in or on 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.

individual daily extraction limit (IDEL) is described in clause 62 of this Plan.

karst environment means an area of land, including subterranean land, that has developed in soluble rock through the processes of solution, abrasion or collapse, together with its associated bedrock, soil, water, gases and biodiversity.

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

management zone is an area within the surface water source in which daily extraction limits may be defined or where dealing restrictions are approved. Management zones may be designated where the surface water source to which the plan applies is divided into areas and total daily extraction limits are defined for each area. They may also be designated where local dealing restrictions are in place.

mangrove limit has the same meaning as defined in the ‘DIPNR Survey of tidal limits and mangrove limits in NSW estuaries 1996 to 2003’ (NSW Dept of Commerce, Manly Hydraulics Laboratory) 2005.

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, 2012, ISBN 978-0-646-56917-8, as amended or replaced from time to time.

monitoring bore refers to a bore constructed for the purpose of measuring water levels and/or taking samples for water quality analysis.

recharge is the addition of water, usually by infiltration, to an aquifer.

replacement bore, for the purposes of this Plan, refers to the replacement of an existing water supply work constructed or used to take water from the alluvial sediments in these water sources, where the share component for the access licence nominating the water supply work has not increased and is within the specifications of the water supply work approval, provided that—

(a)
the replacement water supply work is within 20 metres of the existing water supply work,
(b)
the water supply work approval does not compromise any other rules for granting water supply works being used to take water from alluvial sediments in these water sources,
(c)
the water supply work approval will be subject to the provisions relating to the amendment of an approval under section 107 of the Act.

runoff harvesting dam means a dam on a hillside or minor stream which collects and stores rainfall runoff. Minor streams are defined in the 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.

slotted intervals mean that part of a water bore where slots in the casing occur which are designed to allow water to enter the bore.

stream order is defined by the Strahler stream ordering method.

Note—

The Strahler stream ordering methods is explained as follows—

•
Starting at the top of a catchment, any watercourse that has no other watercourses flowing into it is classed as a 1st order watercourse,
•
Where two 1st order watercourses join, the watercourse becomes a 2nd order watercourse,
•
If a 2nd order watercourse is joined by a 1st order watercourse - it remains a 2nd order watercourse,
•
When two or more 2nd order watercourses join they form a 3rd order watercourse, and
•
A 3rd order watercourse does not become a 4th order watercourse until it is joined by another 3rd order watercourse and so on.

Note—

The Strahler stream ordering method is described in the order made under section 5 of the Water Act 1912 published in the NSW Government Gazette No 37 on 24 March 2006 page 1500, or as may be amended or updated from time to time by further order.

supplementary study Development of Access Rules for the Lower Williams River is a requirement of Hunter Water Corporation’s current water licence. The study aims to determine appropriate entitlement and access rules to manage the taking of water from Seaham Weir Pool by Hunter Water Corporation. The outcomes of the study may be used to inform amendment of this Plan.

tidal limit has the same meaning as defined in the ‘DIPNR Survey of tidal limits and mangrove limits in NSW estuaries 1996 to 2003’ (NSW Dept of Commerce, Manly Hydraulics Laboratory) 2005.

tidal pool is defined, for the purposes of this Plan, as the area of water between the upper mangrove limit and the lower tidal limits.

Note—

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

total daily extraction limit (TDEL) is described in clause 59 of this Plan.

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

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

water year means a year commencing 1 July.

Williams River Accreditation Scheme means the ‘Water Use Accreditation Scheme’ operated by the NSW Department of Primary Industries and assessed as adequate by the Department.

Schedule 2Licences with access to very low flows

Schedule 2 currently lists Water Act 1912 licences from which access licences will be derived upon commencement of the Water Sharing Plan and access licences with access to very low flows.

VERY LOW FLOW LICENCES	SURFACE WATER
20SL007626	20SL029834	20SL046728	20SL060898
20SL012653	20SL030481	20SL046752	20SL060902
20SL013482	20SL033978	20SL047917	20SL060904
20SL014522	20SL034705	20SL047934	20SL060905
20SL014791	20SL035457	20SL047936	20SL060910
20SL015740	20SL037101	20SL047983	20SL060911
20SL016675	20SL037412	20SL048012	20SL060912
20SL018023	20SL037463	20SL048703	20SL060915
20SL019207	20SL037646	20SL048985	20SL060916
20SL019742	20SL037926	20SL048989	20SL060917
20SL019853	20SL037937	20SL050050	20SL060918
20SL020274	20SL038071	20SL050163	20SL060919
20SL021761	20SL040052	20SL050680	20SL060922
20SL022887	20SL040848	20SL051439	20SL060923
20SL022921	20SL042037	20SL060148	20SL060926
20SL023175	20SL044434	20SL060319	20SL060933
20SL024048	20SL044535	20SL060398	20SL060934
20SL024508	20SL044709	20SL060613	20SL060942
20SL024592	20SL045581	20SL060716	20SL060946
20SL028259	20SL045598	20SL060864	20SL060947
20SL028392	20SL045783	20SL060866	20SL060956
20SL029123	20SL046106	20SL060896	20SL060976
20SL029178	20SL046121	20SL060897	20SL060979
20SL061009	20SL061235	20SL061597
20SL061032	20SL061314	20SL061598
20SL061035	20SL061372	20SL061600
20SL061060	20SL061382	20SL061602
20SL061061	20SL061408	20SL061603
20SL061062	20SL061471	20SL061606
20SL061099	20SL061504	20SL061607
20SL061112	20SL061509	20SL061613
20SL061121	20SL061510	20SL061625
20SL061128	20SL061514	20SL061629
20SL061130	20SL061541	20SL061631
20SL061134	20SL061546	20SL051567
20SL061139	20SL061552	20SL051579
20SL061144	20SL061555	20SL061009
20SL061151	20SL061562	20SL061509
20SL061166	20SL061564	20SL061510
20SL061169	20SL061571
20SL061187	20SL061585
20SL061190	20SL061587
20SL061199	20SL061595
VERY LOW FLOW LICENCES	GROUNDWATER
20BL028602	20BL166109
20BL029479	20BL110726
20BL104899	20BL134037
20BL117731	20BL143716
20BL018604	20BL118250
20BL150468	20BL118252
20BL150465	20BL118251
20BL150467	20BL018388
20BL166462	20BL018983
20BL106084
LOCAL WATER UTILITY LICENCES
Lower Goulburn	20SL060901	Hunter Alluvial	20BL130308
20AL208486	20BL130310
20BL130312
20BL130313
20BL130315
20BL128781
20BL128782
20BL128783
20BL128784
20AL207908
20AL207950
20AL207982
20AL208090
20AL208146
Pages	20SL030939	Dart	20BL010028
20BL010029
20BL017121
20BL018171
20BL019420
20BL122331
20AL206911
Allyn	20SL028292	Newcastle	20AL209244
20AL209252

Schedule 3Contamination sources in the Hunter Unregulated and Alluvial Water Sources

Contamination sources in these water sources include—

(a)
on site sewage disposal systems or septic tanks,
(b)
any sites where contamination has been assessed as presenting a significant risk of harm under Contaminated Land Management Act 1997,
(c)
any sites with an historical use listed in Table 1 of “Managing Land Contamination. Planning Guidelines. SEPP 55 – Remediation of Land”, and
(d)
any relevant sites listed in an agency database relating to contamination sources.

Schedule 4

(Repealed)

Appendix 1Overview of the Plan MapOverview of the Plan Map (WSP003_Version 3) Water Sharing Plan for the Hunter Unregulated and Alluvial Water Sources 2009Appendix 2Inspection of the Plan Map for these water sources

Copies of the Plan Map for these water sources may be inspected at the following offices—

•
DPI Water
10 Valentine Ave
PARRAMATTA NSW 2150
•
DPI Water
Level 3, 26 Honeysuckle Drive
DANGAR NSW 2309
•
DPI Water
Unit 2A, Alliance St
EAST MAITLAND NSW 2320

Appendix 3Office

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

•
DPI Water
PO Box 2213
DANGAR NSW 2309