Water Sharing Plan for the Lower North Coast Unregulated and Alluvial Water Sources 2009 (NSW)
Part 15 allows for amendments to be made to Part 1.
This Plan is the Water Sharing Plan for the Lower North Coast Unregulated and Alluvial Water Sources 2009 (hereafter
This Plan is made under section 50 of the Water Management Act 2000 (hereafter
This Plan is a plan for water sharing, and generally deals with the matters set out in sections 20 and 21 of the Act.
This Plan commences on 1 August 2009.
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.
This Plan applies to the following water sources known as the Lower North Coast Unregulated and Alluvial Water Sources (hereafter these water sources) within the Lower North Coast Water Management Area:
(a) the Avon River Water Source,
(b) the Lower Barrington/Gloucester Rivers Water Source,
(c) the Upper Barrington River Water Source,
(d) the Bowman River Water Source,
(e) the Cooplacurripa River Water Source,
(f) the Dingo Creek Water Source,
(g) the Upper Gloucester River Water Source,
(h) the Lower Barnard River Water Source,
(i) the Manning Estuary Tributaries Water Source,
Note— This water source excludes alluvial groundwater downstream of the tidal limits.
(j) the Manning River Tidal Pool Water Source,
Note— This water source excludes alluvial groundwater.
(k) the Lower Manning River Water Source,
(l) the Mid Manning River Water Source,
(m) the Myall Creek Water Source,
(n) the Nowendoc River Water Source,
(o) the Rowleys River Water Source,
(p) the Upper Barnard River Water Source,
(q) the Upper Manning River Water Source,
(r) the Myall Lakes Water Source,
Note— This water source excludes alluvial groundwater downstream of the tidal limits.
(s) the Myall River Water Source,
(t) the Coolongolook River Water Source,
Note— This water source excludes alluvial groundwater downstream of the tidal limits.
(u) the Wallamba River Water Source, and
Note— This water source excludes alluvial groundwater downstream of the tidal limits.
(v) the Karuah River Water Source.
These water sources are shown on the Plan Map called Plan Map (WSP001_Version 2), Water Sharing Plan for the Lower North Coast Unregulated and Alluvial Water Sources 2009 (hereafter
The Plan Map is part of this Plan. An overview of the Plan Map is shown in Appendix 1. Copies of the Plan Map may be inspected at offices listed in Appendix 2 and are available on the NSW legislation website.
Subject to subclause (4), these water sources include all water:
(a) occurring naturally on the surface of the ground within the boundaries of these water sources shown on the Plan Map,
(b) in rivers, lakes, estuaries and wetlands within the boundaries of these water sources shown on the Plan Map, and
(c) contained within all alluvial sediments below the surface of the ground within the boundaries of these water sources shown on the Plan Map (hereafter the alluvial sediments in these water sources).
1 Alluvial sediments is defined in the Dictionary.
2 This Plan also applies to the alluvial sediments below the surface of the ground within the Karuah River Water Source which were not included in the Water Sharing Plan for the Karuah River Water Source 2003.
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 Manning River Tidal Pool Water Source, Myall Lakes Water Source, Coolongolook River Water Source, Wallamba River Water Source and part of the Manning Estuary Tributaries 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, and
(d) rivers, lakes, estuaries and wetlands downstream of the mangrove limit, except Khappinghat Creek in the Wallamba River Water Source and Myall Lakes in the Myall Lakes Water Source.
Note— The
mangrove limit is defined in the dictionary.
This Plan, as amended by the Water Sharing Plan for the Lower North Coast Unregulated and Alluvial Water Sources Amendment Order 2016 replaces the Water Sharing Plan for the Karuah River Water Source 2003.
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) Upper Barrington River Water Source is divided into the:
(i) Upper Barrington River Headwaters Management Zone, and
(ii) Upper Barrington River Management Zone,
(b) Bowman River Water Source is divided into the:
(i) Bowman River above Craven Creek Junction Management Zone,
(ii) Craven Creek Management Zone, and
(iii) Lower Bowman River Management Zone,
(c) Cooplacurripa River Water Source is divided into the:
(i) Cooplacurripa River Headwaters Management Zone, and
(ii) Cooplacurripa River Management Zone,
(d) Lower Barrington/Gloucester Rivers Water Source is divided into the:
(i) Lower Barrington River Upper Reaches Management Zone,
(ii) Lower Barrington River Management Zone, and
(iii) Lower Gloucester River Management Zone,
(e) Upper Gloucester River Water Source is divided into the:
(i) Upper Gloucester River Headwaters Management Zone, and
(ii) Upper Gloucester River Management Zone,
(f) Lower Barnard River Water Source is divided into the:
(i) Lower Barnard River Upper Reaches Management Zone, and
(ii) Lower Barnard River Management Zone,
(g) Manning Estuary Tributaries Water Source is divided into the:
(i) Landsdowne River Management Zone,
(ii) Dawson River Management Zone,
(iii) Cedar Party Creek Management Zone, and
(iv) Manning Estuary Tributaries Management Zone,
(h) Nowendoc River Water Source is divided into the:
(i) Nowendoc River Headwaters Management Zone, and
(ii) Nowendoc River downstream of Cooplacurripa River Confluence Management Zone,
(i) Rowleys River Water Source is divided into the:
(i) Rowleys River Headwaters Management Zone, and
(ii) Rowleys River Management Zone,
(j) Upper Manning River Water Source is divided into the:
(i) Upper Manning River Headwaters Management Zone, and
(ii) Upper Manning River Management Zone,
(k) Myall River Water Source is divided into the:
(i) Upper Myall River Management Zone,
(ii) Tidal Myall River Management Zone, and
(iii) Crawford River Management Zone,
(l) Coolongolook River Water Source is divided into the:
(i) Wang Wauk River Management Zone,
(ii) Upper Coolongolook River Management Zone, and
(iii) Tidal Coolongolook River Management Zone,
(m) Wallamba River Water Source is divided into the:
(i) Khappinghat Creek Management Zone,
(ii) Upper Wallamba River Management Zone, and
(iii) Tidal Wallamba River Management Zone,
(n) Karuah River Water Source:
(i) Karuah Upriver Management Zone, and
(ii) Karuah Estuarine Management Zone.
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, and
(b) establish new or additional water sources or management zones in these water sources.
In instances where in-stream structures 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.
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.
Words and expressions that are defined in the Dictionary in Schedule 1 to this Plan have the meaning set out in the Dictionary.
Unless otherwise defined in this Plan, words and expressions that are defined in the Act or in the regulations made under the Act have the same meaning in this Plan.
Unless otherwise specified in this Plan, a clause that applies to a category of access licence also applies to any subcategories of that category of access licence.
The Dictionary and Schedules to this Plan form part of this Plan.
Notes in the text of this Plan do not form part of this Plan.
Appendices to this Plan do not form part of this Plan.
This Part is made in accordance with section 35 (1) of the Act.
The vision of this Plan is to provide sustainable and integrated management of these water sources for the benefit of both present and future generations.
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.
Respect is paid to the traditional owners of this country, who are acknowledged as the first natural resource managers within these water sources.
The objectives of this Plan are to:
(a) protect, preserve, maintain 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) manage these water sources to ensure equitable sharing between users,
(d) protect basic landholder rights,
(e) provide opportunities for market based trading of access licences and water allocations within sustainability and system constraints,
(f) provide sufficient flexibility in water account management to encourage responsible use of available water,
(g) provide recognition of the connectivity between surface water and groundwater, and
(h) adaptively manage these water sources.
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 includes:
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.
The strategies of this Plan are to:
(a) establish performance indicators,
(b) establish environmental water rules,
(c) identify water requirements for basic landholder rights,
(d) identify water requirements for access licences,
(e) establish rules for granting and amending of access licences and approvals,
(f) establish rules that place limits on the availability of water for extraction,
(g) establish rules for making available water determinations,
(h) establish rules for the operation of water accounts,
(i) establish rules which specify the circumstances under which water may be taken,
(j) establish access licence dealing rules, and
(k) identify triggers for and limits to changes to the rules in this Plan.
The following indicators are to be used to measure the success of the strategies of this Plan to reach the objectives of this Plan:
(a) change in low flow regime,
(b) change in moderate to high flow regime,
(c) change in surface water and groundwater extraction relative to the long-term average annual extraction limit,
(d) change in water quality in these water sources,
(e) change in the ecological condition of these water sources and their dependent ecosystems,
(f) the change in the extent to which domestic and stock rights and native title rights requirements have been met,
(g) the change in economic benefits derived from water extraction and use,
(h) the change in the extent to which water has been made available in recognition of the Aboriginal, cultural and heritage values of these water sources.
This Part is made in accordance with sections 20 (2) (a) and 20 (2) (c) of the Act.
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.
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.
The extraction management units for these water sources are the Manning Extraction Management Unit, the Great Lakes Extraction Management Unit and the Karuah River Extraction Management Unit (hereafter these Units), and are shown on the Plan Map for these water sources.
The Manning Extraction Management Unit consists of the following water sources:
(a) Avon River Water Source,
(b) Lower Barrington/Gloucester Rivers Water Source,
(c) Upper Barrington River Water Source,
(d) Bowman River Water Source,
(e) Cooplacurripa River Water Source,
(f) Dingo Creek Water Source,
(g) Upper Gloucester River Water Source,
(h) Lower Barnard River Water Source,
(i) Manning Estuary Tributaries Water Source,
(j) Manning River Tidal Pool Water Source,
(k) Lower Manning River Water Source,
(l) Mid Manning River Water Source,
(m) Myall Creek Water Source,
(n) Nowendoc River Water Source,
(o) Rowleys River Water Source,
(p) Upper Barnard River Water Source, and
(q) Upper Manning River Water Source.
The Great Lakes Extraction Management Unit consists of the following water sources:
(a) Myall Lakes Water Source,
(b) Myall River Water Source,
(c) Coolongolook River Water Source, and
(d) Wallamba River Water Source.
The Karuah River Extraction Management Unit consists of the Karuah River Water Source.
Subject to subclause (4), 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.
The Minister may amend this Plan to add or remove flow reference points, including if there are any changes to flow classes under clause 17 (2) of this Plan.
The Minister may amend the flow reference points in the Myall River, Coolongolook River, or the Wallamba River Water Sources, during the term of this Plan, based on the outcomes of further field verification or studies carried out under clause 17 (2) (h) of this Plan.
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.
For the purpose of determining the flow class that applies on a particular day under subclause (4), the Minister may take into consideration evidence of past and current flows and readings at other functioning upstream and downstream gauges.
On days that accurate flow data is not available, holders of access licences may contact the Department’s office at the address listed in Appendix 3 or check the Department’s website to find out what flow class applies on that day.
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.
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.
This Plan establishes the following flow classes as the basis for sharing of daily flows from these water sources:
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.
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.
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) (f) applies and access licences that nominate a work that is a runoff harvesting dam. They will also apply to all aquifer access licence holders taking water from alluvial aquifers within 40 metres of the high bank of the river from year six of this Plan, excluding aquifer access licenses in the Karuah River Groundwater Source. For those aquifer access licences outside 40 metres of the high bank, flow classes in clause 17 (1) will not apply except where provided for under clause 67 (3) and (4) of this Plan. For those aquifer access licences in the Karuah River Water Source, the flow classes will not apply until 1 July 2021 as provided for under clause 67 (9) of this Plan.
(a) for the Avon River Water Source, as measured at the Gloucester River at Gloucester Gauging Station (208020):
Note— The Gloucester Gauging Station is located outside of the water source, within the Upper Gloucester River Water Source.
(i) no Very Low Flow Class is established by this Plan,
(ii) no A Class is established by this Plan, and
(iii) B Class is when flows are greater than 23 megalitres per day (hereafter ML/day),
Note— 23 ML/day corresponds to the estimated 50th percentile.
Note— Flow classes may be determined through studies as specified in clause 17 (2) (a). A gauging station is located in the Avon River Water Source (Avon River downstream of Waukivory Creek) but flows will be correlated to the Gloucester River Gauge until further gauging is undertaken on the Avon River.
(b) for the Upper Barrington River Water Source, as measured at the Barrington River at the Forbesdale (Rocky Crossing) Gauging Station (208006):
Note— The Forbesdale Gauging Station is located outside of the water source, within the Lower Barrington/Gloucester Rivers Water Source and is commonly known as Rocky Crossing.
(i) until 1 August 2016, the Very Low Flow Class is when there is no visible flow, thereafter the Very Low Flow Class is when flows are equal to or less than 39 ML/day on a rising river, or equal to or less than 32 ML/day on a falling river, and
Note— The estimated 98th percentile (which is currently estimated to corresponds to 2.6 ML/day) will be referred to as the cease to pump on a falling river, and the estimated 97th percentile (which is currently estimated to corresponds to 3.0 ML/day), or 2 ML greater than the 98th percentile, whichever is the greater, will be referred to as the commence to pump on a rising river. Further gauging is required to establish the percentile flow values more accurately.
(ii) until 1 August 2016, A Class is when there is a visible flow, thereafter A Class is when flows are greater than 39 ML/day on a rising river, or greater than 32 ML/day on a falling river,
Note— The specified cease and commence to pump levels may be amended through studies as specified in clause 17 (2) (a). The cease to pump level may be amended to a level no less than the 99th percentile (which corresponds to 23 ML/day) and no more than the 95th percentile (which corresponds to 61 ML/day).
(c) for the Lower Barrington River Upper Reaches Management Zone of the Lower Barrington/Gloucester Rivers Water Source, as measured at the Barrington River at the Forbesdale (Rocky Crossing) Gauging Station (208006):
(i) until 1 August 2016, the Very Low Flow Class is when there is no visible flow, thereafter the Very Low Flow Class is when flows are equal to or less than 39 ML/day on a rising river, or equal to or less than 32 ML/day on a falling river,
Note— 32 ML/day corresponds to the estimated 98th percentile, and is referred to as the cease to pump on a falling river, and 39 ML/day corresponds to the estimated 97th percentile, and is referred to as the commence to pump on a rising river.
(ii) until 1 August 2016, A Class is when there is a visible flow and less than or equal to 373 ML/day, thereafter A Class is when flows are greater than 39 ML/day and less than or equal to 373 ML/day on a rising river, or greater than 32 ML/day and less than or equal to 373 ML/day on a falling river, and
(iii) B class is when flows are greater than 373 ML/day,
Note— 373 ML/day corresponds to the estimated 50th percentile.
Note— The specified cease and commence to pump levels may be amended through studies as specified in clause 17 (2) (a). The cease to pump may be amended to a level no less than the 99th percentile (which corresponds to 23 ML/day) and no more than the 95th percentile (which corresponds to 61 ML/day).
Note— The augmentation of the local water utility in this water source may trigger a review of the flow access rules specified within this Plan in accordance with clause 17 (2) (d).
(d) for the Bowman River Water Source, as measured at the Gloucester River at the Doon Ayre Gauge (208003):
Note— The Doon Ayre Gauging Station is located outside of the water source, within the Lower Barrington/Gloucester Rivers Water Source.
(i) until 1 August 2016, no Very Low Flow Class is established by this Plan, thereafter the Very Low Flow Class is when flows are equal to or less than 40 ML/day on a rising river, or equal to or less than 27 ML/day on a falling river, and
Note— 27 ML/day corresponds to the estimated 98th percentile, and is referred to as the cease to pump on a falling river, and 40 ML/day corresponds to the estimated 97th percentile, and is referred to as the commence to pump on a rising river.
(ii) until 1 August 2016, no A Class is established by this Plan, thereafter A Class is when flows are greater than 40 ML/day on a rising river, or greater than 27 ML/day on a falling river,
Note— The specified cease and commence to pump levels may be amended through studies as specified in clause 17 (2) (a) to a level no less than visible flow and no more than the 95th percentile (which corresponds to 68 ML/day).
(e) for the Nowendoc River Water Source, as measured at the Nowendoc River at the Rocks Crossing Gauge (208005):
(i) for the first five years of this Plan, the Very Low Flow Class is when there is no visible flow, thereafter the Very Low Flow Class is when flows are equal to or less than 64 ML/day on a rising river, or equal to or less than 61 ML/day on a falling river, and
Note— 61 ML/day corresponds to the estimated 95th percentile, and is referred to as the cease to pump on a falling river, and 64 ML/day corresponds to the estimated 94.5th percentile, and is referred to as the commence to pump on a rising river.
(ii) for the first five years of this Plan, A Class is when there is a visible flow, thereafter A Class is when flows are greater than 64 ML/day on a rising river, or greater than 61 ML/day on a falling river,
(f) for the Cooplacurripa River Water Source, as measured at the Nowendoc River at the Rocks Crossing Gauge (208005):
Note— The Rocks Crossing Gauging Station is located outside of the water source, within the Nowendoc River Water Source.
(i) for the first five years of this Plan, the Very Low Flow Class is when there is no visible flow, thereafter the Very Low Flow Class is when flows are equal to or less than 64 ML/day on a rising river, or equal to or less than 61 ML/day on a falling river, and
Note— 61 ML/day corresponds to the estimated 95th percentile, and is referred to as the cease to pump on a falling river, and 64 ML/day corresponds to the estimated 94.5th percentile, and is referred to as the commence to pump on a rising river.
(ii) for the first five years of this Plan, A Class is when there is a visible flow, thereafter A Class is when flows are greater than 64 ML/day on a rising river, or greater than 61 ML/day on a falling river,
(g) for the Rowleys River Water Source, as measured at the Nowendoc River at the Rocks Crossing Gauge (208005):
Note— The Rocks Crossing Gauging Station is located outside of the water source, within the Nowendoc River Water Source.
(i) for the first five years of this Plan, the Very Low Flow Class is when there is no visible flow, thereafter the Very Low Flow Class is when flows are equal to or less than 64 ML/day on a rising river, or equal to or less than 61 ML/day on a falling river, and
Note— 61 ML/day corresponds to the estimated 95th percentile, and is referred to as the cease to pump on a falling river, and 64 ML/day corresponds to the estimated 94.5th percentile, and is referred to as the commence to pump on a rising river.
(ii) for the first five years of this Plan, A Class is when there is a visible flow, thereafter A Class is when flows are greater than 64 ML/day on a rising river, or greater than 61 ML/day on a falling river,
(h) for the Dingo Creek Water Source, as measured at the Dingo Creek at the Munyaree Flat Gauge (208019):
(i) until 1 August 2016, no Very Low Flow Class is established by this Plan, thereafter the Very Low Flow Class is when flows are equal to or less than the 97th percentile or 2 ML greater than the 98th percentile, whichever is the greater, on a rising river, or equal to or less than the 98th percentile on a falling river,
Note— The estimated 98th percentile (which is currently estimated to corresponds to 2.6 ML/day) will be referred to as the cease to pump on a falling river, and the estimated 97th percentile (which is currently estimated to corresponds to 3.0 ML/day), or 2 ML greater than the 98th percentile, whichever is the greater, will be referred to as the commence to pump on a rising river. Further gauging is required to establish the percentile flow values more accurately.
(ii) until 1 August 2016, no A Class is established by this Plan, thereafter A Class is when flows are greater than the 97th percentile or 2 ML greater than the 98th percentile, whichever is the greater, and less than 92 ML/day on a rising river, or greater than the 98th percentile and less than 92 ML/day on a falling river, and
(iii) B Class is when flows are equal or greater than 92 ML/day,
Note— 92 ML/day corresponds to the estimated 50th percentile.
Note— The specified cease and commence to pump levels may be amended through studies as specified in clause 17 (2) (a). The cease to pump may be amended to a level no less than visible flow and no more than the 95th percentile (which is currently estimated to correspond to around 4.4 ML/day). A review of the 50th percentile at year five of this Plan may provide a revised B Class flow as specified in clause 17 (2) (b).
Note— Management via a Water Users Association, or an alternative mechanism, to assist in limiting the taking of water below the gauging station, given that it is not located at the end of the water source, and is upstream of a number of extractors is important for the equitable implementation of the flow class.
Note— Flow classes may be amended under clause 17 (2) (g) of this Plan, following the installation of infrastructure at a point further downstream than existing infrastructure within the water source.
(i) for the Lower Gloucester River Management Zone and the Lower Barrington River Management Zone of the Lower Barrington/Gloucester Rivers Water Source, as measured at the Gloucester River at the Doon Ayre Gauge (208003):
(i) until 1 August 2016, the Very Low Flow Class is when there is no visible flow, thereafter the Very Low Flow Class is when flows are equal to or less than 40 ML/day on a rising river, or equal to or less than 27 ML/day on a falling river,
Note— 27 ML/day corresponds to the estimated 98th percentile, and is referred to as the cease to pump on a falling river, and 40 ML/day corresponds to the estimated 97th percentile, and is referred to as the commence to pump on a rising river.
(ii) until 1 August 2016, A Class is when there is a visible flow and less than 548 ML/day, thereafter A Class is when flows are greater than 40 ML/day and less than 548 ML/day on a rising river, or greater than 27 ML/day and less than 548 ML/day on a falling river, and
(iii) B Class is when flows are equal or greater than 548 ML/day,
Note— 548 ML/day corresponds to the estimated 50th percentile.
Note— The specified cease and commence to pump levels may be amended through studies as specified in clause 17 (2) (a). The cease to pump may be amended to a level no less than the 99th percentile (which corresponds to 13 ML/day) and no more than the 95th percentile (which corresponds to 68 ML/day). In addition, in the Lower Barrington River Management Zone an equivalent percentile flow level may be established if a new gauge is installed in this water source in accordance with clause 17 (2) (c).
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) (d).
(j) for the Upper Gloucester River Water Source, as measured at the Gloucester River at the Gloucester Gauge (208020):
(i) until 1 August 2016, no Very Low Flow Class is established by this Plan, thereafter the Very Low Flow Class is when flows are equal to or less than the 97th percentile or 2 ML greater than the 98th percentile, whichever is the greater, on a rising river, or equal to or less than the 98th percentile on a falling river,
Note— The estimated 98th percentile (which is currently estimated to correspond to 1 ML/day) will be referred to as the cease to pump on a falling river, and the estimated 97th percentile will be referred to as the commence to pump on a rising river. Further gauging is required to establish the percentile flow values more accurately.
(ii) until 1 August 2016, no A Class is established by this Plan, thereafter A Class is when flows are greater than the 97th percentile or 2 ML greater than the 98th percentile, whichever is the greater, and less than 73 ML/day on a rising river, or greater than the 98th percentile and less than 73 ML/day on a falling river, and
(iii) B Class is when flows are equal or greater than 73 ML/day,
Note— 73 ML/day corresponds to the current estimated 50th percentile of all days of flow.
Note— The specified cease and commence to pump levels may be amended through studies as specified in clause 17 (2) (a). The cease to pump may be amended to a level no less than visible flow and no more than the 95th percentile (which is currently estimated to correspond to 6.0 ML/day). A review of the 50th percentile at year five of this Plan may provide a revised B Class flow as specified in clause 17 (2) (b).
(k) for the Lower Barnard River Management Zone of the Lower Barnard River Water Source, as measured at the Barnard River at Mackay Gauge (208011):
(i) for the first five years of this Plan, the Very Low Flow Class is when there is no visible flow, thereafter the Very Low Flow Class is when flows are equal to or less than 34 ML/day on a rising river, or equal to or less than 32 ML/day on a falling river, and
Note— 32 ML/day corresponds to the estimated 95th percentile, and is referred to as the cease to pump on a falling river, and 34 ML/day corresponds to the estimated 94.5th percentile, and is referred to as the commence to pump on a rising river.
(ii) for the first five years of this Plan, A Class is when there is a visible flow, thereafter A Class is when flows are greater than 34 ML/day on a rising river, or greater than 32 ML/day on a falling river,
(l) for the Myall Creek Water Source, as measured at the Barnard River at Mackay Gauge (208011):
Note— The Mackay Gauging Station is located outside of the water source, within the Lower Barnard River Water Source.
(i) for the first five years of this Plan, the Very Low Flow Class is when there is no visible flow, thereafter the Very Low Flow Class is when flows are equal to or less than 34 ML/day on a rising river, or equal to or less than 32 ML/day on a falling river, and
Note— 32 ML/day corresponds to the estimated 95th percentile, and is referred to as the cease to pump on a falling river, and 34 ML/day corresponds to the estimated 94.5th percentile, and is referred to as the commence to pump on a rising river.
(ii) for the first five years of this Plan, A Class is when there is a visible flow, thereafter A Class is when flows are greater than 34 ML/day on a rising river, or greater than 32 ML/day on a falling river,
(m) for the Manning Estuary Tributaries Water Source, no flow classes are established by this Plan,
Note— Flow classes may be determined based on the outcome of studies carried out under clause 17 (2) (a) of this Plan.
(n) for the Manning River Tidal Pool Water Source, no flow classes are established by this Plan,
Note— Flow classes may be established based on the outcome of studies carried out under clause 17 (2) (e) of this Plan. Separate management zones may also be created within the water source allowing for differing access rules for users above and below Abbotts Falls, which has traditionally been viewed as the tidal limit.
(o) for the Lower Manning River Water Source, as measured at the Manning River at Killawara Gauge (208004):
(i) until 1 August 2016, the Very Low Flow Class is when there is no visible flow, thereafter the Very Low Flow Class is when flows are equal to or less than 137 ML/day on a rising river, or equal to or less than 98 ML/day on a falling river,
Note— 98 ML/day corresponds to the estimated 98th percentile, and is referred to as the cease to pump on a falling river, and 137 ML/day corresponds to the estimated 97th percentile, and is referred to as the commence to pump on a rising river.
(ii) until 1 August 2016, A Class is when there is a visible flow and less than 1,566 ML/day, thereafter A Class is when flows are greater than 137 ML/day and less than 1,566 ML/day on a rising river, or greater than 98 ML/day and less than 1,566 ML/day on a falling river, and
(iii) B Class is when flows are equal or greater than 1,566 ML/day,
Note— 1,566 ML/day corresponds to the estimated 50th percentile.
Note— The specified cease and commence to pump levels may be amended based on the outcome of studies carried out under clause 17 (2) (a). The cease to pump may be amended to a level no less than the 99th percentile (which corresponds to 54 ML/day) and no more than the 95th percentile (which corresponds to 225 ML/day).
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) (d).
Note— Flow classes may be amended under clause 17 (2) (g) of this Plan, following the installation of infrastructure at a point further downstream than existing infrastructure within the water source.
(p) for the Mid Manning River Water Source, as measured at the Manning River at Killawara Gauge (208004):
Note— The Killawarra Gauging Station is located outside of the water source, within the Lower Manning River Water Source.
(i) until 1 August 2016, the Very Low Flow Class is when there is no visible flow, thereafter the Very Low Flow Class is when flows are equal to or less than 137 ML/day on a rising river, or equal to or less than 98 ML/day on a falling river,
Note— 98 ML/day corresponds to the estimated 98th percentile, and is referred to as the cease to pump on a falling river, and 137 ML/day corresponds to the estimated 97th percentile, and is referred to as the commence to pump on a rising river.
(ii) until 1 August 2016, A Class is when there is a visible flow and less than 1,566 ML/day, thereafter A Class is when flows are greater than 137 ML/day and less than 1,566 ML/day on a rising river, or greater than 98 ML/day and less than 1,566 ML/day on a falling river, and
(iii) B Class is when flows are equal or greater than 1,566 ML/day,
Note— 1,566 ML/day corresponds to the estimated 50th percentile.
Note— The specified cease and commence to pump levels may be amended based on the outcome of studies carried out under clause 17 (2) (a). The cease to pump may be amended to a level no less than the 99th percentile (which corresponds to 54 ML/day) and no more than the 95th percentile (which corresponds to 225 ML/day).
(q) for the Lower Barnard River Upper Reaches Management Zone of the Lower Barnard River Water Source, as measured at the Barnard River at the Measuring Weir Gauge (208027):
(i) for the first five years of this Plan, the Very Low Flow Class is when there is no visible flow, thereafter the Very Low Flow Class is when flows are equal to or less than 13 ML/day on a rising river, or equal to or less than 11 ML/day on a falling river,
Note— 11 ML/day corresponds to the estimated 95th percentile, and is referred to as the cease to pump on a falling river, and 13 ML/day corresponds to the estimated 94.5th percentile, and is referred to as the commence to pump on a rising river.
(ii) for the first five years of this Plan, A Class is when there is a visible flow and less than or equal to the 80th percentile flow, thereafter A Class is when flows are greater than 13 ML/day and less than or equal to the 80th percentile flow on a rising river, or greater than 11 ML/day and less than or equal to the 80th percentile flow on a falling river, and
(iii) B Class is when flows are greater than the 80th percentile flow,
Note— Major utility access licences extracting water in this water source may only extract from B class flows as required by the rule in clause 19 (3) (e) which reflects current licensed operating procedures.
(r) for the Upper Barnard River Water Source, as measured at the Barnard River at the Measuring Weir Gauge (208027):
Note— The Measuring Weir Gauging Station is located outside of the water source, within the Lower Barnard River Water Source.
(i) for the first five years of this Plan, the Very Low Flow Class is when there is no visible flow, thereafter the Very Low Flow Class is when flows are equal to or less than 13 ML/day on a rising river, or equal to or less than 11 ML/day on a falling river, and
Note— 11 ML/day corresponds to the estimated 95th percentile, and is referred to as the cease to pump on a falling river, and 13 ML/day corresponds to the estimated 94.5th percentile, and is referred to as the commence to pump on a rising river.
(ii) for the first five years of this Plan, A Class is when there is a visible flow, thereafter A Class is when flows are greater than 13 ML/day on a rising river, or greater than 11 ML/day on a falling river,
(s) for the Upper Manning River Water Source, as measured at the Manning River at Leslies Bridge Gauge (208029):
(i) until 1 August 2016, no Very Low Flow Class is established by this Plan, thereafter the Very Low Flow Class is when flows are equal to or less than the 97th percentile on a rising river, or equal to or less than the 98th percentile on a falling river, and
Note— The estimated 98th percentile (which is currently estimated to corresponds to 14 ML/day) will be referred to as the cease to pump on a falling river, and the estimated 97th percentile (which is currently estimated to correspond to 17 ML/day) will be referred to as the commence to pump on a rising river. Further gauging is required to establish the percentile flow values more accurately.
(ii) until 1 August 2016, no A Class is established by this Plan, thereafter A Class is when flows are greater than the 97th percentile on a rising river, or greater than the 98th percentile on a falling river,
Note— The specified cease and commence to pump levels may be amended based on the outcome of studies carried out under clause 17 (2) (a). The cease to pump may be amended to a level no less than visible flow and no more than the 95th percentile (which is currently estimated to correspond to 22 ML/day).
(t) for the Myall Lakes Water Source, no flow classes are established by this Plan,
(u) for the Upper Myall River Management Zone of the Myall River Water Source, as measured at the Markwell River Bridge on Markwell Road, 2.5km north of Bulahdelah:
(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 Myall River Water Source also has an access rule which only permits extraction from the river where the flow occurring for the first 24 hours after flows have exceeded the Very Low Flow Class has passed.
Note— The flow classes and flow reference points for the Myall River Water Source may be amended during the term of this Plan in line with clause 17 (2) (h).
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) (d).
(v) for the Crawford River Management Zone of the Myall River Water Source, as measured immediately upstream of the Crawford River weir pool:
(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 Myall River Water Source also has an access rule which only permits extraction from the river where the flow occurring for the first 24 hours after flows have exceeded the Very Low Flow Class has passed.
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) (d).
Note— The flow classes and flow reference points for the Myall River Water Source may be amended during the term of this Plan in line with clause 17 (2) (h).
(w) for the Tidal Myall River Management Zone of the Myall River 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) (d).
Note— The flow classes and flow reference points for the Myall River Water Source may be amended during the term of this Plan in line with clause 17 (2) (h).
(x) for the Upper Coolongolook River Management Zone of the Coolongolook River Water Source, as measured at the Coolongolook Rivers Locketts Crossing on the Locketts Crossing Road, 1.5km south of Coolongolook:
(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 Coolongolook River Water Source also has a mandatory condition which only permits extraction from the river where the flow occurring for the first 24 hours after flows have exceeded the Very Low Flow Class has passed.
Note— The flow classes and flow reference points for management zones in the Coolongolook River Water Source may be amended during the term of this Plan in line with clause 17 (2) (h).
(y) for the Wang Wauk River Management Zone and the Tidal Coolongolook River Management Zone of the Coolongolook River Water Source, no flow classes are established by this Plan,
Note— The flow classes and flow reference points for management zones in the Coolongolook River Water Source may be amended during the term of this Plan in line with clause 17 (2) (h).
(z) for the Upper Wallamba River Management Zone of the Wallamba River Water Source, as measured at the Dargavilles Crossing on the Dargavilles Road, 2km west of Nabiac:
(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 Wallamba River Water Source also has an access rule which only permits extraction from the river where the flow occurring for the first 24 hours after flows have exceeded the Very Low Flow Class has passed.
Note— The flow classes and flow reference point for the Wallamba River Water Source may be amended during the term of this Plan in line with clause 17 (2) (h).
Note— The Upper Wallamba River Management Zone of the Wallamba River Water Source may have its flow classes amended, as set out under clause 17 (2) (f) of this Plan.
(aa) for the Khappinghat Creek Management Zone and the Tidal Wallamba River Management Zone of the Wallamba River Water source, no flow classes are established by this Plan, and
(ab) for the Karuah Upriver Management Zone in the Karuah River Water Source, as measured at Karuah River at Booral gauge (209003):
(i) the very low flow class is when flows are less than 5 ML/day on a rising river or less than or equal to 3.5 ML/day on a falling river,
Note— 3.5 ML/day corresponds approximately to the estimated 90th percentile for all days of record in November, the critical month, and is referred to as the cease to pump on a falling river. 5 ML/day corresponds approximately to the estimated 89th percentile for all days of record in November, the critical month, and is referred to as the commence to pump on a rising river.
(ii) A class is when flows are more than 5 ML/day and less than or equal to 18 ML/day on a rising river, and more than 3.5 ML/day and less than or equal to 18 ML/day on a falling river, and
(iii) B class is when flows are more than 18 ML/day, and
Note— The flow classes have been determined based on flow information that inherently includes seasonal effects as well as evaporation and seepage losses.
(ac) for the Karuah Estuarine Management Zone in the Karuah River Water Source, no flow classes are established by this Plan.
The Minister may amend subclause (1) to establish a new or additional flow class or flow classes in:
(a) the Upper Barrington River, the Upper Gloucester River, the Bowman River, the Lower Barrington/Gloucester Rivers, the Dingo Creek, the Lower Manning River, the Mid Manning River, the Upper Manning River, the Avon River and Manning Estuary Tributaries Water Sources, after year five of this Plan and before the completion of the term of this Plan, based on the outcome of field verification and the review of relevant studies carried out under clauses 86 (1) and 86 (2) of this Plan,
(b) the Dingo Creek, the Upper Gloucester River, and the Upper Manning Water Sources, after year five of this Plan, based on sufficient data collection to enable determination of cease to pump and commence to pump levels, and review of B Class flows at the 50th percentile,
(c) the Lower Barrington River Management Zone of the Lower Barrington/Gloucester Rivers Water Source, after year five of this Plan, based on installation of an appropriate gauging station and sufficient data collection to enable determination of cease to pump and commence to pump levels,
(d) the Lower Barrington/Gloucester Rivers, the Lower Manning River or the Myall River Water Sources during the term of this Plan, after augmentation of the local water utility,
(e) the Manning River Tidal Pool Water Source, during the term of this Plan, following the outcome of a study carried out under clause 87 of this Plan to determine the appropriate location for the installation of a salinity probe, or other relevant infrastructure, and assessment of the users and extraction 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 may also be considered.
(f) the Upper Wallamba River Management Zone of the Wallamba River Water Source, after year five of this Plan, such that the top of the Very Low Flow Class is at or below the 95th percentile flow following the installation of appropriate flow measuring infrastructure within the water source,
(g) the Lower Manning River Water Source and/or the Dingo Creek Water Source, during the term of this Plan, following the installation of flow measuring infrastructure at a point further downstream than existing flow measuring infrastructure within the water source,
Note— The location of flow reference points can have a significant effect on the resulting water access and the resultant streamflow protection. The existing gauges within these water sources are located upstream of the end of the water source resulting in a number of access licences taking water from the river/creek below the gauge. These extractions are not factored into the triggering of flow classes, and may take water from the flows reserved for environmental or basic landholder right extraction. Options to address this may include the movement of existing gauges to a point further downstream in the water source, or to introduce rationing provisions for those users downstream of the existing gauge linked to gauge trigger levels to ensure sharing of water downstream.
(h) the Wallamba River Water Source, the Coolongolook River Water Source and the Myall River Water Source, during the term of this Plan, based on the outcome of further field verification or studies of the flow reference point within these water sources, and
(i) any water source where management zones are added or amended during the term of this Plan as per clause 6 of this Plan.
The Minister may amend this Plan to 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.
It is recognised that management of extractions is only one component of river management and many landholders are carrying out on-farm activities to achieve environmental outcomes.
This Part is made in accordance with sections 8, 8A and 20 of the Act.
This Part contains environmental water rules for the commitment, identification, establishment and maintenance of planned environmental water in these water sources.
In accordance with the Act,
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,
(b) for all water sources, excluding the Myall Lakes Water Source, the water remaining in the water source after taking water to meet basic landholder rights and for access licences in accordance with the rules identified in subclause (3), and
(c) for the Myall Lakes Water Source, the water remaining in the water source after taking water to meet basic landholder rights.
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.
Subject to subclause (8), the planned environmental water established in subclauses (1) (b) and (c) is maintained as follows:
(a) subject to paragraph (f), 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 in that water source or management zone are in the Very Low Flow Class,
(b) subject to paragraph (f), water must not be taken under an access licence where a cease to take condition that was specified on 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 (1)), or
(ii) the access rules specified in paragraph (c),
when flows are at or less than the cease to take condition that was specified on the replaced Water Act 1912 entitlement. This paragraph does not apply to the taking of water under an access licence with a share component that specifies the Karuah River Water Source,
(c) subject to paragraph (f), an access licence must not be used to take water:
(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. This subparagraph does not apply to the taking of water under an access licence with a share component that specifies the Karuah River Water Source,
(d) subject to paragraph (f), water must not be taken under an access licence with a share component or extraction component that specifies one of the following water sources or management zones for a 24 hour period after flows in the water source or management zone have exceeded the top of the Very Low Flow Class at the end of the fresh water tributaries for the respective water source or management zone:
(i) Myall River Water Source,
(ii) Coolongolook River Water Source, and
(iii) Khappinghat Creek Management Zone, Upper Wallamba River Management Zone and the Tidal Wallamba River Management Zone of the Wallamba River Water Source,
(d1) subject to paragraph (f), water must not be taken under an access licence with an extraction component that specifies the Karuah Upriver Management Zone in the Karuah River Water Source for 24 hours after flows first exceed 5 ML/day following a flow of 2 ML/day at the Karuah River at Booral gauge (209003). This paragraph does not apply to the taking of water from an off-river pool,
(d2) subject to paragraph (f), water must not be taken under an access licence with a share component that specifies the Karuah River Water Source from an off-river pool when the volume of water in that pool is less than the full capacity of the pool,
Note— Full capacity is defined in the Dictionary.(d3) subject to paragraph (f), in water sources where flow classes have not commenced, water must not be taken under an access licence with a share component that specifies the Karuah River Water Source from an in-river pool when the volume of water in that pool is less than the full capacity of the pool,
(e) water must not be taken under one of the following access licences when flows are in the Very Low Flow Class or A Class:
(i) an unregulated river (subcategory “Aboriginal community development”) access licence,
(ii) an unregulated river (high flow) access licence, or
(iii) a major utility access licence with an extraction component which specifies the Lower Barnard River Upper Reaches Management Zone of the Lower Barnard River Water Source,
(f) paragraphs (a)–(d3) do not apply to the following:
(i) the taking of water under an access licence to which clause 1 of Schedule 2 applies, for any of the purposes listed below, provided that water taken does not exceed 20 kilolitres per day per access licence, or such lower amount specified on the access licence in accordance with paragraph (g):
(A) fruit washing,
(B) cleaning of dairy plant and equipment for the purpose of hygiene,
(C) poultry watering and misting, or
(D) cleaning of enclosures used for intensive animal production for the purposes of hygiene,
(ii) the taking of water for domestic consumption under a domestic and stock access licence or a domestic and stock (subcategory “domestic”) access licence that existed at the commencement of this Plan, provided that the volume of water taken does not exceed 1 kilolitre per house supplied by the access licence per day,
Note— Domestic consumption is defined in section 52 of the Act.(iii) the taking of water using a runoff harvesting dam or from an in-river dam pool,
(iv) the taking of water under an access licence that nominates 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 67,
(v) the taking of water for the purposes of town water supply only under a local water utility access licence to which Schedule 2 applies, excluding local water utility access licences held by the local water utility for Bottawa Dam that have arisen from the Water Act 1912 entitlement 20SL022548, until such time as the Minister is satisfied that major augmentation of the access licence holder’s water supply system has occurred,
(vi) the taking of water under a local water utility access licence to which Schedule 2 applies held by the local water utility for Bottawa Dam that have arisen from the Water Act 1912 entitlement 20SL022548,
(vii) the taking of water under a local water utility access licence or an access licence of the subcategory “Town water supply” to which clause 2 of Schedule 2 applies,
(g) the Minister may, in relation to an access licence to which paragraph (f) (i) applies, amend the licence to reduce the maximum daily volume limit, if the Minister is satisfied that the reduced volume is satisfactory to meet the purpose for the licence as referred to in paragraph (i),
(h) the access rules specified in clauses 41B and 67 which apply to access licences that nominate a water supply work that may be used to take water from the alluvial sediments in these water sources as specified in those clauses,
(i) in all flows in the Myall Lakes Water Source, the application of Part 8 and clause 35 (2) prohibits the extraction of water in this water source under a water access licence,
(j) 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,
(k) the flows and circumstances to be specified on the water supply work approval for the in-river dam referred to in paragraph (j) are:
(i) the flows and circumstances that were specified in conditions on the Water Act 1912 entitlement that the approval replaces, or
(ii) where no flows and circumstances were specified on the Water Act 1912 entitlement, the flows and circumstances determined by the Minister,
(l) water must not be taken under one of the following access licences with a share component that specifies a water source where a B Class has not been established under clause 17 of this Plan, unless flows exceed a flow class or level determined by the Minister:
(i) a new local water utility access licence granted after the commencement of this Plan pursuant to section 66 (3) or (4) of the Act,
(ii) a new major utility (subcategory “Urban water”) access licence granted after the commencement of this Plan that has not replaced a local water utility access licence, or
(iii) a new unregulated river (subcategory “Aboriginal community development”) access licence granted after the commencement of this Plan, and
(m) water must not be taken under one of the following access licences with a share component that specifies a water source where a B Class has been established under clause 17, when flows are in the Very Low Flow Class or A Class:
(i) a new local water utility access licence granted after the commencement of this Plan pursuant to section 66 (3) or (4) of the Act,
(ii) a new major utility (subcategory “Urban water”) access licence granted after the commencement of this Plan that has not replaced a local water utility access licence, or
(iii) a new access licence with a zero share component granted after the commencement of this Plan.
These rules protect the water for the environment by limiting both water extracted over the long-term and the taking of water in accordance with the objectives of this Plan.
This Plan recognises that the environmental water provisions provide non-extractive benefits, including traditional Aboriginal spiritual, social, customary, economic, cultural and recreational benefits, and contributes to improved water quality.
Following the establishment of a flow class or flow classes within any water source under clauses 17 (2) and 17 (3) of this Plan, the Minister may amend subclauses (1), (2) and (3) to identify, establish and maintain planned environmental water in the relevant water source.
The Minister may amend subclause (3), to identify pools in the rivers in these water sources, that require special protection and establish access rules such that extraction of water is not permitted from pools when water levels fall below a control level at a site established in accordance with clause 88.
Before undertaking amendment pursuant to subclause (5) the Minister should consult with relevant Government agencies and the water users in the water source, for the purpose of establishing the pool control levels referred to in subclause (5) in accordance with clause 88 (4) of this Plan.
Following an amendment under subclause (5), the Minister may amend subclause (3) such that access licences on pools subject to a pool control level rule are not subject to an access rule that requires a visible inflow and outflow to and from that pool.
Subclause (3) does not apply to the taking of water under an access licence that is used:
(a) in association with an aquifer interference activity that is an approved EPA Act development when:
(i) in the Minister’s opinion, there are no reasonably practicable measures the access licence holder can take to comply with the access rules under subclause (3), and
(ii) the access licence holder has a water management plan for the aquifer interference activity that has been approved in accordance with the development consent for the activity under the Environmental Planning and Assessment Act 1979, and
(iii) the water management plan includes conditions that require the return of water to the water source to mitigate the taking of water during times when the access rules apply under this clause, or
(b) in association with an aquifer interference activity when:
(i) in the Minister’s opinion, there are no reasonably practicable measures the access licence holder can take to comply with the access rules under subclause (3), and
(ii) the access licence holder has a water management plan for the aquifer interference activity that has been approved by the Minister, and
(iii) the water management plan includes conditions that require the return of water to the water source to mitigate the taking of water during times when the access rules apply under this clause.
(Repealed)
This Part is made in accordance with section 20 (1) (b) of the Act.
The water requirements of persons entitled to domestic and stock rights in these water sources are estimated to total 12.67 ML/day, distributed as follows:
(a) 0.67 ML/day in the Avon River Water Source,
Note— This estimate includes domestic and stock rights for both aquifer and unregulated users.
(b) 0.86 ML/day in the Lower Barrington/Gloucester Rivers Water Source,
Note— This estimate includes domestic and stock rights for both aquifer and unregulated users.
(c) 0.3 ML/day in the Upper Barrington River Water Source,
(d) 0.24 ML/day in the Bowman River Water Source,
(e) 0.42 ML/day in the Cooplacurripa River Water Source,
(f) 0.66 ML/day in the Dingo Creek Water Source,
(g) 0.39 ML/day in the Upper Gloucester River Water Source,
Note— This estimate includes domestic and stock rights for both aquifer and unregulated users.
(h) 0.53 ML/day in the Lower Barnard River Water Source,
(i) 2.95 ML/day in the Manning Estuary Tributaries Water Source,
Note— This estimate includes domestic and stock rights for both aquifer and unregulated users.
(j) 0.19 ML/day in the Manning River Tidal Pool Water Source,
(k) 0.6 ML/day in the Lower Manning River Water Source,
(l) 0.26 ML/day in the Mid Manning River Water Source,
(m) 0.21 ML/day in the Myall Creek Water Source,
(n) 0.71 ML/day in the Nowendoc River Water Source,
(o) 0.33 ML/day in the Rowleys River Water Source,
(p) 0.38 ML/day in the Upper Barnard River Water Source,
(q) 0.35 ML/day in the Upper Manning River Water Source,
(r) 0.11 ML/day in the Myall Lakes Water Source,
(s) 0.39 ML/day in the Myall River Water Source,
(t) 1.11 ML/day in the Coolongolook River Water Source,
(u) 0.3 ML/day in the Wallamba River Water Source,
(v) 1.86 ML/day in the Karuah River Water Source.
This Plan recognises that the exercise of domestic and stock rights may increase during the term of this Plan.
1 Domestic and stock rights must be exercised in accordance with any mandatory guidelines established under section 336B of the Act with respect to the taking and use of water for domestic consumption or stock watering.
2 An increase in use of domestic and stock rights may occur as a result of an increase in the number of landholdings fronting rivers and lakes or overlying alluvial groundwater in these water sources and/or as a result of the increase in the exercise of basic landholder rights by existing landholders.
3 Inherent water quality and land use activities may make the water in some areas unsuitable for human consumption. Water from these groundwater sources should not be consumed without it first being tested and appropriately treated.
There are no native title rights in these water sources and therefore the water requirements for native title rights total 0 ML/year.
This Plan recognises that the exercise of native title rights may increase during the term of this Plan.
A change in native title rights may occur pursuant to the provisions of the Native Title Act 1993 (Cth).
The requirement for water under harvestable rights is the amount of water owners of land are entitled to capture pursuant to a harvestable rights order made under section 54 of the Act and published from time to time in the NSW Government Gazette.
This Part is made in accordance with section 20 (1) (e) of the Act.
This Plan establishes a bulk access regime for the extraction of water under access licences in these water sources having regard to:
(a) the environmental water provisions established under Part 4 of this Plan,
(b) the requirements for basic landholder rights identified under Part 5 of this Plan,
(c) the requirements for water for extraction under access licences identified under Part 7 of this Plan, and
(d) the access licence dealing rules established under Part 11 of this Plan.
The bulk access regime established in subclause (2):
(a) recognises the effect of climate variability on the availability of water as provided for under Part 3 of this Plan,
(b) establishes rules according to which access licences are granted as provided for in Part 8 of this Plan,
(c) recognises and is consistent with limits to the availability of water as provided for in Part 10, Division 1 of this Plan,
(d) establishes rules according to which available water determinations are to be made as provided for in Part 10, Division 1 of this Plan,
(e) establishes rules according to which access licences are managed as provided for in Parts 10 and 11 of this Plan, and
(f) establishes rules with respect to the priorities according to which access licences are to be adjusted as a consequence of any reduction in the availability of water as provided for in Part 10 of this Plan.
This Part is made in accordance with section 20 (1) (c) of the Act.
The amount of water specified in this Part represents the total volumes or unit shares specified in the share components on access licences in these water sources. The actual volumes of water available at any time will depend on climate, access licence priority and the rules in this Plan.
It is estimated that the share components of domestic and stock access licences authorised to take water from these water sources will total 125 megalitres per year (hereafter ML/year), distributed as follows:
(a) 12 ML/year in the Avon River Water Source,
(b) 39.5 ML/year in the Lower Barrington/Gloucester Rivers Water Source,
(c) 0 ML/year in the Upper Barrington River Water Source,
(d) 8 ML/year in the Bowman River Water Source,
(e) 0 ML/year in the Cooplacurripa River Water Source,
(f) 10 ML/year in the Dingo Creek Water Source,
(g) 3 ML/year in the Upper Gloucester River Water Source,
(h) 0 ML/year in the Lower Barnard River Water Source,
(i) 5 ML/year in the Manning Estuary Tributaries Water Source,
(j) 0 ML/year in the Manning River Tidal Pool Water Source,
(k) 6 ML/year in the Lower Manning River Water Source,
(l) 0 ML/year in the Mid Manning River Water Source,
(m) 0 ML/year in the Myall Creek Water Source,
(n) 5 ML/year in the Nowendoc River Water Source,
(o) 0 ML/year in the Rowleys River Water Source,
(p) 0 ML/year in the Upper Barnard River Water Source,
(q) 0 ML/year in the Upper Manning River Water Source,
(r) 0 ML/year in the Myall Lakes Water Source,
(s) 4.5 ML/year in the Myall River Water Source,
(t) 0 ML/year in the Coolongolook River Water Source,
(u) 5 ML/year in the Wallamba River Water Source, and
(v) 27 ML/year in the Karuah River Water Source.
It is estimated that the share components of local water utility access licences authorised to extract water from these water sources will total 16,986 ML/year, distributed as follows:
(a) 570 ML/year in the Lower Barrington/Gloucester Rivers Water Source,
(b) 12,500 ML/year in the Lower Manning River Water Source,
(c) 221 ML/year in the Myall River Water Source,
(d) 3000 ML/year in the Manning River Tidal Pool Water Source,
(e) 375 ML/year in the Manning Estuary Tributaries Water Source,
(f) 320 ML/year in the Karuah River Water Source, and
(g) 0 ML/year in all other water sources.
It is estimated that the share components of major utility access licences authorised to extract water from the Lower Barnard River Water Source will total 30,000 ML/year.
Macquarie Generation holds this entitlement to water which is pumped by the Barnard Scheme into the Hunter River system to Jerrys Plains where Macquarie Generation’s power stations are located. Accounting provisions as specified at clause 56 of this Plan ensure an average annual diversion of no more than 20,000 ML/year.
It is estimated that the share components of unregulated river access licences authorised to extract water from these water sources will total 49,853 unit shares, distributed as follows:
(a) 1,985 unit shares in the Avon River Water Source,
(b) 10,301.5 unit shares in the Lower Barrington/Gloucester Rivers Water Source,
(c) 944 unit shares in the Upper Barrington River Water Source,
(d) 2,249 unit shares in the Bowman River Water Source,
(e) 811 unit shares in the Cooplacurripa River Water Source,
(f) 5,143 unit shares in the Dingo Creek Water Source,
(g) 6,569 unit shares in the Upper Gloucester River Water Source,
(h) 1,369 unit shares in the Lower Barnard River Water Source,
(i) 1,968.5 unit shares in the Manning Estuary Tributaries Water Source,
(j) 1,176 unit shares in the Manning River Tidal Pool Water Source,
Note— Prior to the commencement of this Plan licensing of the taking of water within the tidal pool area was not required. While there are some water users in this area that are already licensed there are likely to be a number of water users who will be identified through a licensing process targeting tidal pool areas to be undertaken by the Department. Entitlement issued to those unlicensed users who have historically not been required to be licensed is likely to be based on a history of extraction. No entitlement will be issued for any new extractions in this area outside of those specified in Part 8 of this Plan.
(k) 7,339 unit shares in the Lower Manning River Water Source,
(l) 632 unit shares in the Mid Manning River Water Source,
(m) 57 unit shares in the Myall Creek Water Source,
(n) 1,153 unit shares in the Nowendoc River Water Source,
(o) 257 unit shares in the Rowleys River Water Source,
(p) 274 unit shares in the Upper Barnard River Water Source,
(q) 2,219 unit shares in the Upper Manning River Water Source,
(r) 0 unit shares in the Myall Lakes Water Source,
(s) 225 unit shares in the Myall River Water Source,
(t) 374 unit shares in the Coolongolook River Water Source,
(u) 1,454 unit shares in the Wallamba River Water Source, and
(v) 3,353 unit shares in the Karuah River Water Source.
It is estimated that the share components of unregulated river (high flow) access licences authorised to extract water from the following water sources will total 0 unit shares, distributed as follows:
(a) 0 unit shares in the Dingo Creek Water Source,
(b) 0 unit shares in the Lower Barrington/Gloucester Rivers Water Source,
(c) 0 unit shares in the Upper Gloucester River Water Source,
(d) 0 unit shares in the Lower Manning River Water Source,
(e) 0 unit shares in the Mid Manning River Water Source, and
(f) 0 unit shares in the Avon River Water Source.
The Dingo Creek Water Source, the Lower Barrington/Gloucester Rivers Water Source, the Upper Gloucester River Water Source, the Lower Manning River Water Source, the Mid Manning River Water Source and the Avon River Water Sources are the only water sources within this Plan area which have been identified as suitable for unregulated river (high flow) access licences. This Plan allows for a specified amount of unregulated river access licences to be converted to the unregulated river (high flow) access licences. However, at the commencement of this Plan, there are no existing access licences of this category, hence the 0 unit shares indicated.
It is estimated that the share components of aquifer access licences authorised to extract water from these water sources will total 517 unit shares, distributed as follows:
(a) 20 unit shares in the Avon River Water Source,
(b) 5 unit shares in the Lower Barrington/Gloucester Rivers Water Source,
(c) 187 unit shares in the Manning Estuary Tributaries Water Source,
(d) 305 unit shares in the Karuah River Water Source,
(e) 0 unit share in all other water sources.
This Plan recognises that the total requirements for water for extraction within these water sources may change during the term of this Plan as a result of:
(a) the granting, surrender or cancellation of access licences,
(b) the granting, surrender or cancellation of access licences through a dealing under Part 12 of this Plan,
(c) the variation of local water utility licences under section 66 of the Act, and
(d) any changes due to the volumetric conversion of Water Act 1912 entitlements that are currently non-volumetric.
This Part is made in accordance with sections 20 (2) (b), 61 and 63 of the Act, having regard to the limits to water availability in these water sources and the need to protect dependent ecosystems.
In addition to those applications for specific purpose access licences permitted under clause 10 of the Water Management (General) Regulation 2011, applications may also be made in these water sources, excluding Myall Lakes Water Source, for access licences, as follows:
(a) an access licence that may be granted in accordance with a dealing,
Note— Dealings include the conversion of unregulated river access licences to unregulated river (high flow) access licences as specified in clause 71 of this Plan.
(b) an unregulated river (subcategory “Aboriginal community development”) access licence, to take water from B Class flows only, provided that the grant of any such access licence will cause no more than minimal harm to the water source at the water source level impact assessment and provided that the total share component of all unregulated river (subcategory “Aboriginal community development”) access licence in the water sources listed below do not exceed:
(i) 500 ML/year in the Dingo Creek Water Source,
(ii) 500 ML/year in the Lower Manning River Water Source,
(iii) 500 ML/year in the Lower Barrington/Gloucester Rivers Water Source,
(iv) 500 ML/year in the Upper Gloucester Water Sources,
(v) 300 ML/year in the Mid Manning River Water Source, and
(vi) 500 ML/year in the Karuah River Water Source,
Note— An unregulated river (subcategory “Aboriginal community development”) access licence is a specific purpose access licence and as such can only be the subject of limited trade that is consistent with the purpose for which the licence was granted. Aboriginal communities, enterprises and individuals are encouraged to seek financial assistance from funding bodies to purchase other categories of access licence if they require fully tradeable licences.
(c) an aquifer (subcategory “Aboriginal community development”) access licence, provided that the grant of any such access licence will cause no more than minimal harm to the water source at the water source level impact assessment and provided that the total share component of all aquifer (subcategory “Aboriginal community development”) access licences in the Karuah River Water Source do not exceed 500 ML/year, and
(d) a local water utility access licence in the Karuah River Water Source.
1 Section 61 (1) (b) of the Act also allows for a person to apply for an access licence with a zero share component and section 61 (1) (c) of the Act allows for a person to apply for an access licence where the right to apply that access licence has been acquired under section 65 of the Act.
2 Pursuant to sections 66 (3) and 66 (4) of the Act, the Minister may also vary a local water utility’s share component at 5 year intervals, or on application of the local water utility where there is rapid growth in population.
3 The licences that may be applied for under subclause (2) are in addition to applications for the categories and subcategories of specific purpose access licences that may be made in accordance with clause 10 of the Water Management (General) Regulation 2011, subject to the restrictions in subclauses (2) and (3).
An access licence of the subcategory “Aboriginal cultural” shall only be granted if the application does not exceed 10 ML/year.
An access licence of the subcategory “Aboriginal cultural” may only be granted for the taking of water by an Aboriginal person or Aboriginal community for any personal, domestic or communal purpose, including drinking, food preparation, washing, manufacturing traditional artefacts, watering domestic gardens, cultural teaching, hunting, fishing, gathering and for recreational, cultural and ceremonial purposes.
A specific purpose access licence shall only be granted if the share or extraction component of the access licence is the minimum required to meet the circumstances in which the access licence is proposed to be used.
An application may not be made for an access licence with a share component that specifies the Myall Lakes Water Source.
Any new access licence granted in these water sources may be subject to an access rule as specified in clause 19 (3).
The Minister may grant an access licence where the right to apply for the licence has been acquired in a manner prescribed by an order made under section 65 of the Act.
This Part is made in accordance with sections 21 (b) and 21 (e) of the Act.
A water supply work approval shall not be granted under section 95 of the Act or amend under section 107 of the Act, where the water supply work to be completed or used is located within the Myall Lakes Water Source, or upstream of the high priority groundwater dependent ecosystem identified in Schedule 4 of this Plan in the Lower Manning River Water Source.
Note— Further data collection is required before flow levels can be determined more accurately. The estimated 95th percentile corresponds to around 22 ML/day of flows.
(h) greater than visible flow at the end of the water source in the Avon River Water Source and Manning Estuary Tributaries Water Source.
Note— Visible flow at the end of the water source is the highest level of management initially proposed for these water sources and will form the upper bound of change for any amendment of the flow classes. Provision for pool protection through inflow/outflow rules are the environmental water provisions form the lower bound of change.
For the purpose of such amendments, the field verification in subclause (1) is to be undertaken by 1 August 2016 where possible, and no later than year ten of this Plan.
The field verification should assess the degree to which the objectives of clause 10 (a) and (b) of this Plan are met.
In preparing the field verification:
(a) consultation with the Department of Environment and Climate Change, the Department of Primary Industries, Local Land Services, and representatives of interest groups and water users should be undertaken, as required, and
Note— Interest groups may include representatives of local Water User Associations, Landcare or environment groups, local industry and commerce representatives, Aboriginal groups, local government etc.
(b) a report should be prepared documenting:
(i) the methodology adopted,
(ii) the hypotheses tested,
(iii) the field results and conclusions in terms of the degree to which the objectives in clause 10 (a) and (b) are met,
(iv) the consideration of relevant studies including, but not limited to:
(a) studies completed by Midcoast Water in relation to estuarine flow requirements, and
Note— Other studies being completed by individuals or organisations will also be considered, such as work being carried out by Great Lakes Shire Council in relation to Wallis, Smiths and Myall Lakes, and their tributaries.
(b) modelling to show if percentiles derived for estuary needs should be applied to upstream catchments,
(v) any Aboriginal cultural values or sites which may need to be protected by a specific flow regime,
(vi) the flow level recommended to meet the objectives, and
(vii) the socio-economic impacts of the recommended changes to the flow levels.
The Minister may, under section 45 (1) (b) of the Act and by notice published in the NSW Government Gazette, vary the very low flow levels established in clause 17 and consequently the bottom of A class established in clause 17, following field verification.
Any variation made under subclause (1) should not result in the 3.5 ML/day level (cease to pump) being less than 4 ML/day or being greater than 9 ML/day inclusive, with the 5 ML/day commence to pump flow level adjusted by an equal volume.
The Minister should cause the field verification in subclause (1) to be undertaken as soon as practical, but before the review of this Plan under section 43 (2) of the Act.
The field verification should assess the degree to which the following objectives are met:
(a) Objective 1—to protect water levels in natural river pools and wetlands during periods of no flow, and
(b) Objective 2—to protect natural low flows.
In undertaking the field verification the Minister should:
(a) consult with the NSW Environment Protection Authority, NSW Fisheries, NSW Agriculture and the NSW National Parks and Wildlife Service, and
(b) prepare a report documenting:
(i) the methodology adopted,
(ii) the hypotheses tested,
(iii) the field results and conclusions in terms of the degree to which the objectives in subclause (9) are met,
(iv) the flow level recommended to meet the objectives in subclause (9), and
(v) the socio-economic impacts of recommended changes to the flow level.
The Minister may amend this Plan to:
(i) establish or modify flow classes, or
(ii) amend access licence dealing rules,
in the Manning River Tidal Pool Water Source, following review of the study referred to in clause 17 (2) (e) and the determination of licence entitlements.
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.
In developing the access rules and reviewing the dealing rules:
(a) consultation with the Department of Environment and Climate Change, the Department of Primary Industries, Local Land Services and representatives of interest groups and water users should be undertaken, as required, and
Note— Interest groups may include representatives of local Water User Associations, Landcare or environment groups, local industry and commerce representatives, Aboriginal groups, local government etc.
(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 field results and conclusions in terms of the degree to which the objectives in clause 10 (a) and (b) are met,
(iii) the field results and conclusions in regard to whether to adopt access rules based on salinity levels, inflows from upstream water sources or other management approaches, including consideration of:
(a) the homogeneity of the tidal pool indicating whether rules apply across the water source or whether specific rules may apply to management zones or areas within the water source,
(b) the suitability of sites for measurement of flow or salinity levels,
(c) the significance of extraction on salinity levels, if required,
(d) ecosystem requirements, and
(e) where access rules are based on upstream hydrology, the Very Low Flow Class should be consistent with the bounds of change specified in clause 88 (2), that is, less than 99th percentile or greater than the 95th percentile.
(iv) the proposed access and dealing rules recommended to meet the objectives,
(v) the consideration of relevant studies including the outcomes of low flow verification studies undertaken in clause 86 (5), and
(vi) the socio-economic impacts of the recommended rules.
The Minister may amend this Plan to establish pool control levels and key sites for the Dingo Creek Water Source, the Upper Gloucester River Management Zone of the Upper Gloucester River Water Source and any other water source where appropriate.
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.
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.
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 and water users should be undertaken, as required, and
Note— Interest groups may include representatives of local Water User Associations, Landcare or environment groups, local industry and commerce representatives, Aboriginal groups, local government etc.
(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.
Changes to the geomorphology of reaches of the Upper Gloucester River and Dingo Creek Water Sources has led to conditions whereby flow may cease in some sections of the river despite levels at the reference site being above the cease to pump.
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.
This means that this Plan can be changed to issue and manage floodplain harvesting licences provided that the long-term average annual extraction limit (LTAAEL) does not increase or decrease. Floodplain harvesting in coastal systems is limited compared to inland systems. By not amending the LTAAEL with the granting of these licences, coastal systems are being consistent with inland systems where growth is managed within the existing LTAAEL.
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.
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.
The Minister may amend this Plan to:
(a) add a Water Act 1912 entitlement or access licence to Schedule 2 if the taking of water under that entitlement was for a purpose referred to in clause 19 (3) (f) (i) and the purpose existed prior to 1 July 2008, or
(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) add an 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,
(e) remove an access licence or 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, and
(f) for the purposes of paragraphs (d) and (e), 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.
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 clauses 76 and 77 to specify different standards or requirements for decommissioning water supply works or construction requirements for water supply works.
This Plan may be amended to do any of the following:
(a) establish or assign TDELs in these water sources or management zones to protect a proportion of flow within each flow class for the environment,
(b) amend or remove TDELs if TDELs have been established or assigned,
(c) include rules for the establishment, assignment and removal of IDELs,
(d) remove the existing access rules where TDELs and/or IDELs have been established under paragraphs (a) or (c) to protect a proportion of flow within each flow class for the environment,
(e) reinstate access rules that applied at the commencement of this Plan, where TDELs and IDELs have been removed under paragraphs (b) and (c),
(f) amend existing flow classes, establish new or additional flow classes or amend the flow reference point in order to establish TDELs and IDELs.
This Plan may be amended to include rules for the following:
(a) managed aquifer recharge,
Note— Managed aquifer recharge schemes involve taking water such as recycled water or urban stormwater, treating it and then storing it in underground aquifers under controlled conditions. This water can then be extracted at a later time.
(b) the interception of water before it reaches a stream or aquifer by plantations or other means,
(c) the management of salt interception schemes,
(d) once a review of the effectiveness of Stroud Weir fishway in the Karuah River Water Source is undertaken, the flow classes for the Karuah Upriver Management Zone in the Karuah River Water Source in clause 17 (1) (ab) may be amended to provide supplementary environmental water rules relating directly to Stroud Weir fishway and freshwater fish migration.
Consequential amendments may be made to this Plan as a result of an amendment to the Act or regulations.
This Plan may be amended following the granting of a native title claim pursuant to the provisions of the Native Title Act 1993 of the Commonwealth to give effect to an entitlement granted under that claim.
This Plan may be amended after Year 5 of this Plan to provide rules for the protection of water-dependent Aboriginal cultural assets to do any of the following:
(a) identify water-dependent Aboriginal cultural assets,
(b) restrict the granting and amending of water supply work approvals to protect water-dependent Aboriginal cultural assets,
(c) amend the dealing rules to protect water-dependent Aboriginal cultural assets.
Any amendment under subclause (5) will take into account the socio-economic impacts of the proposed change and the environmental water requirements of the water source.
Before making an amendment pursuant to subclause (5) the Minister should consult with relevant Government agencies and stakeholders.
The following definitions apply to this Plan in addition to the definitions set out in the Act:
(a) a project approved under Part 3A of the Environmental Planning and Assessment Act 1979 (whether before or after its repeal), or
(b) State significant development authorised by a development consent under Part 4 of that Act, or
(c) State significant infrastructure approved under Part 5.1 of that Act.
Natural drawdown may occur due to seasonal climatic changes. Groundwater pumping may also result in seasonal and long-term drawdown.
(a) 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.
This clause applies to each access licence which replaces a Water Act 1912 entitlement listed in the table below.
Water Act 1912 entitlements that will be replaced by access licences on commencement of this Plan |
20BL166823 |
20BL167130 |
20BL168359 |
20SL021370 |
20SL021476 |
20SL021507 |
20SL021509 |
20SL021559 |
20SL021660 |
20SL021717 |
20SL021964 |
20SL023478 |
20SL024073 |
20SL024158 |
20SL024444 |
20SL024517 |
20SL024596 |
20SL027211 |
20SL027959 |
20SL028376 |
20SL029842 |
20SL030639 |
20SL031506 |
20SL031541 |
20SL031823 |
20SL033839 |
20SL034011 |
20SL034204 |
20SL034799 |
20SL035247 |
20SL035393 |
20SL035645 |
20SL036378 |
20SL040017 |
20SL041506 |
20SL043003 |
20SL043285 |
20SL048719 |
20SL040731 |
20SL041763 |
20SL043052 |
20SL044477 |
20SL049302 |
20SL050162 |
20SL050357 |
20SL050676 |
20SL051915 |
20SL060015 |
20SL060023 |
20SL060027 |
20SL060028 |
20SL060029 |
20SL060057 |
20SL060093 |
20SL060108 |
20SL060110 |
20SL060126 |
20SL060127 |
20SL060131 |
20SL060143 |
20SL060173 |
20SL060200 |
20SL060217 |
20SL060230 |
20SL060235 |
20SL060236 |
20SL060237 |
20SL060240 |
20SL060242 |
20SL060246 |
20SL060251 |
20SL060256 |
20SL060258 |
20SL060294 |
20SL060305 |
20SL060307 |
20SL060308 |
20SL060320 |
20SL060323 |
20SL060356 |
20SL060361 |
20SL060363 |
20SL060367 |
20SL060376 |
20SL060400 |
20SL060409 |
20SL060415 |
20SL060439 |
20SL060443 |
20SL060561 |
20SL060564 |
20SL060574 |
20SL060575 |
20SL060578 |
20SL060646 |
20SL060647 |
20SL060760 |
20SL060764 |
20SL060840 |
20SL060865 |
20SL060873 |
20SL060879 |
20SL060925 |
20SL060927 |
20SL060989 |
20SL061075 |
20SL061087 |
20SL061089 |
20SL061094 |
20SL061096 |
20SL061119 |
20SL061127 |
20SL061133 |
20SL061142 |
20SL061145 |
20SL061176 |
20SL061183 |
20SL061453 |
20SL061591 |
20SL061611 |
20SL061632 |
20SL021737 |
20SL061726 |
20SL061102 |
20SL060639 |
20SL060861 |
20SL060862 |
20SL060863 |
20SL060867 |
20SL060881 |
20SL060887 |
20SL061018 |
20SL061019 |
20SL061020 |
20SL061021 |
20SL061269 |
This clause applies to each access licence which replaces a Water Act 1912 entitlement listed in the table below.
Water Act 1912 entitlements that will be replaced by local water utility access licences or access licences of the subcategory “Town water supply” on commencement of this Plan |
20AL200003 |
20SL022548 |
20SL022558 |
20SL029347 |
20SL029347 |
20SL045139 |
20SL046844 |
20SL060565 |
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.
High priority groundwater-dependent ecosystems in the alluvial sediments in these water sources are as specified in Table B.
Table B—High priority groundwater-dependent ecosystems
Column 1 | Column 2 | Column 3 | Column 4 | Column 5 | Column 6 |
High priority groundwater system | Type | Easting | Northing | Zone | Water Source |
Bobs Swamp | Wetland | 354258.278 | 6454548.23 | 56 | Upper Barrington River Water Source |
Black Swamp | Wetland | 355005.874 | 6453625.785 | 56 | Upper Barrington River Water Source |
Brumlow Swamp | Wetland | 354292.22 | 6458709.58 | 56 | Upper Barrington River Water Source |
Edwards Swamp | Wetland | 352744.77 | 6454991.25 | 56 | Upper Barrington River Water Source |
Great Swamp | Wetland | 471112.26 | 6478181.95 | 56 | Manning Estuary Tributaries Water Source |
Little Murray Swamp | Wetland | 354265.86 | 6460557.25 | 56 | Upper Barrington River Water Source |
Saxby Swamp | Wetland | 354371.37 | 6453166.55 | 56 | Upper Barrington River Water Source |
Wallaroo Swamp | Wetland | 399811.75 | 6389041.74 | 56 | Karuah River |
1 High priority groundwater-dependent ecosystems (
GDEs ) are currently under investigation and some may be identified during the term of this Plan. The full list of potential GDEs will be identified on the Departmental GDE Register and as a precautionary approach, will be considered by staff in the assessment of any application for a water supply work approval within the area of this Plan. If it becomes verified as a high priority GDE, this Schedule will be amended to include the GDE.
2 The global positioning system coordinates listed in the table above provide a guide for where high priority groundwater-dependent ecosystems are located. However, the location of the outer edge of the high priority groundwater-dependent ecosystem will be different from this point, which will be located within the outside limit of the ecosystem.
3 The approximate location of GDEs listed in Column 1 of Table B is provided as Easting and Northing coordinates in Columns 3 and 4 of Table B.
4 The GDEs identified in Table B are shown in Appendix 4.
Copies of the Plan Map may be inspected at the following offices:
• DPI Water
Department of Primary Industries
10 Valentine Ave
PARRAMATTA NSW 2150
• DPI Water
Department of Primary Industries
Level 3, 26 Honeysuckle Drive
DANGAR NSW 2309
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
Department of Primary Industries
Level 3, 26 Honeysuckle Drive
DANGAR NSW 2309
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