Water Sharing Plan for the Macleay Unregulated and Alluvial Water Sources 2016 (NSW)
Part 13 allows for amendments to be made to this Part.
This Plan is the Water Sharing Plan for the Macleay Unregulated and Alluvial Water Sources 2016 (
This Plan is made under section 50 of the Water Management Act 2000 (
This Plan is a plan for water sharing and generally deals with the matters set out in sections 20 and 21 of the Act, as well as other sections of the Act.
Where a provision of this Plan is made under another section of the Act, the section is referred to in the notes to this Plan.
This Plan commences on 1 July 2016.
1 In accordance with section 43 of the Act, this Plan will have effect for 10 years from 1 July 2016.
2 The Minister may extend this Plan for a further period of 10 years after it is due to expire, in accordance with section 43A of the Act.
This Plan applies to the following water sources known as the Macleay Unregulated and Alluvial Water Sources (
(a) the Macleay Unregulated and Upriver Alluvial Water Sources (
these connected water sources ) comprised of the following water sources:(i) Apsley Gorge Water Source,
(ii) Apsley River Water Source,
(iii) Bakers Creek Water Source,
(iv) Blue Mountain Creek Water Source,
(v) Chandler Gorge Water Source,
(vi) Chandler River Water Source,
(vii) Christmas Creek Water Source,
(viii) Coastal Macleay Water Source,
(ix) Collombatti Creek Water Source,
(x) Commissioners Waters Water Source,
(xi) Dungay Creek Water Source,
(xii) Dyke River Water Source,
(xiii) Euroka Creek Water Source,
(xiv) Five Day Creek Water Source,
(xv) Gara River Water Source,
(xvi) Georges River Water Source,
(xvii) Gills Bridge Creek Water Source,
(xviii) Green Gully Water Source,
(xix) Hickeys Creek Water Source,
(xx) Kunderang Brook Water Source,
(xxi) Macleay Gorges Water Source,
(xxii) Macleay Valley Water Source,
(xxiii) Malpas Dam Water Source,
(xxiv) Mungay Creek Water Source,
(xxv) Nulla Nulla Creek Water Source,
(xxvi) Oaky River Water Source,
(xxvii) Salisbury Waters Water Source,
(xxviii) Stockyard Creek Water Source,
(xxix) Styx River Water Source,
(xxx) Tia River Water Source,
(xxxi) Toorumbee Creek Water Source,
(xxxii) Warbro Brook Water Source,
(xxxiii) Yarrowitch River Water Source,
(b) the Coastal Macleay Floodplain Alluvial Groundwater Source.
The Mid North Coast Water Management Area was constituted by Ministerial order made under section 11 of the Act and published in the NSW Government Gazette No 180 on 23 November 2001 at page 9389.
These water sources are shown on the Plan Map called Plan Map (WSP031_Version 1) Water Sharing Plan for the Macleay Unregulated and Alluvial Water Sources 2016 (
The Plan Map is part of this Plan. An overview of the Plan Map is shown in Appendix 1. Copies of the Plan Map may be inspected at the offices listed in Appendix 2 and are available on the NSW legislation website.
Subject to subclause (5), these connected water sources include all water:
(a) occurring naturally on the surface of the ground within the boundaries of these connected water sources shown on the Plan Map, and
(b) in rivers, lakes, estuaries and wetlands within the boundaries of these connected 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 connected water sources shown on the Plan Map (
these upriver alluvial sediments ).
1 Alluvial sediments is defined in the Dictionary.
2 This Plan also applies to alluvial sediments below the surface of the ground within the Apsley River Water Source, the Commissioners Waters Water Source and the Toorumbee Creek Water Source which were not included in the Water Sharing Plan for the Apsley River Water Source 2003, the Water Sharing Plan for the Commissioners Waters Water Source 2003 and the Water Sharing Plan for the Toorumbee Creek Water Source 2003.
Subject to subclause (5), the Coastal Macleay Floodplain Alluvial Groundwater Source includes all water contained within all alluvial sediments below the surface of the ground within the boundaries of the Coastal Macleay Floodplain Alluvial Groundwater Source, shown on the Plan Map.
These water sources do not include water:
(a) contained within sand formations below the surface of the ground, or
(b) contained in any fractured rock or porous rock, or
(c) occurring in rivers, lakes, estuaries and wetlands downstream of the mangrove limit.
Note— Mangrove limit is defined in the Dictionary.
This Plan replaces:
(a) the Water Sharing Plan for the Apsley River Water Source 2003, and
(b) the Water Sharing Plan for the Toorumbee Creek Water Source 2003, and
(c) the Water Sharing Plan for the Commissioners Waters Water Source 2003.
For the purposes of this Plan, the following water sources are divided into the following management zones:
(a) Coastal Macleay Water Source:
(i) Tidal Management Zone,
(ii) Non-Tidal Management Zone,
(b) Commissioners Waters Water Source:
(i) Commissioners Waters Management Zone,
Note— The Commissioners Waters Management Zone includes all rivers in the Commissioners Waters Water Source apart from the main trunk of the Dumaresq Creek downstream of Armidale water supply treatment plant.
(ii) Dumaresq Creek Management Zone.
Note— The Dumaresq Creek Management Zone includes the main trunk of Dumaresq Creek in the Commissioners Waters Water Source downstream of Armidale water supply treatment plant.
1 Management zone is defined in the Dictionary.
2 An overview map of the management zones in the Coastal Macleay Water Source is shown in Appendix 3.
The management zones in subclause (1) are shown on the Plan Map.
This Plan applies to the Macleay River Extraction Management Unit (
The EMU specified in subclause (1) is shown on the Plan Map.
1 A long-term average annual extraction limit is established in Part 7 of this Plan for the EMU. The long-term average annual extraction limit determines the maximum volume of water that may be extracted under access licences and pursuant to domestic and stock rights and native title rights from all water sources within the EMU on a long-term average annual basis.
2 The EMU was established under the Water Sharing Plan for the Apsley River Water Source 2003, the Water Sharing Plan for the Commissioners Waters Water Source 2003 and the Water Sharing Plan for the Toorumbee Creek Water Source 2003.
Table A—Extraction management unit
Column 1—Extraction management unit | Column 2—Water sources |
Macleay River Extraction Management Unit | Apsley Gorge Water Source Apsley River Water Source Bakers Creek Water Source Blue Mountain Creek Water Source Chandler Gorge Water Source Chandler River Water Source Christmas Creek Water Source Coastal Macleay Water Source Collombatti Creek Water Source Commissioners Waters Water Source Dungay Creek Water Source Dyke River Water Source Euroka Creek Water Source Five Day Creek Water Source Gara River Water Source Georges River Water Source Gills Bridge Creek Water Source Green Gully Water Source Hickeys Creek Water Source Kunderang Brook Water Source Macleay Gorges Water Source Macleay Valley Water Source Malpas Dam Water Source Mungay Creek Water Source Nulla Nulla Creek Water Source Oaky River Water Source Salisbury Waters Water Source Stockyard Creek Water Source Styx River Water Source Tia River Water Source Toorumbee Creek Water Source Warbro Brook Water Source Yarrowitch River Water Source |
This Plan contains various rules. Where appropriate, the rules specified in this Plan are given effect by the mandatory conditions for access licences and water supply work approvals contained in Part 12 of this Plan.
Words and expressions that are defined in the Dictionary to this Plan have the meanings 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 for this Plan is to provide for healthy and enhanced water sources and water-dependent ecosystems and for equitable water sharing among users in these water sources.
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 and enhance the important river flow dependent and high priority groundwater-dependent ecosystems of these water sources, and
Note— Groundwater-dependent ecosystems is defined in the Dictionary.(b) protect, preserve, maintain and enhance the Aboriginal, cultural and heritage values of these water sources, and
(c) protect basic landholder rights, and
(d) manage these water sources to ensure equitable sharing between users, and
(e) provide opportunities for enhanced market based trading of access licences and water allocations within environmental and system constraints, and
(f) provide water allocation account management rules which allow sufficient flexibility in water use, and
(g) contribute to the maintenance of water quality, and
(h) provide recognition of the connectivity between surface water and groundwater, and
(i) adaptively manage these water sources, and
(j) contribute to the “environmental and other public benefit outcomes” identified under the “Water Access Entitlements and Planning Framework” in the Intergovernmental Agreement on a National Water Initiative (2004) (
the NWI ).Note— Under the NWI, water that is provided by NSW to meet agreed environmental and other public benefit outcomes as defined within relevant water plans is to:
(a) be given statutory recognition and have at least the same degree of security as water access entitlements for consumptive use and be fully accounted for, and
(b) be defined as the water management arrangements required to meet the outcomes sought, including water provided on a rules basis or held as a water access entitlement, and
(c) if held as a water access entitlement, potentially be made available to be traded (where physically possible) on the temporary market when not required to meet the environmental and other public benefit outcomes sought and provided such trading is not in conflict with these outcomes.
The strategies of this Plan are to:
(a) establish performance indicators, and
(b) establish environmental water rules, and
(c) identify water requirements for basic landholder rights, and
(d) identify water requirements for access licences, and
(e) establish rules for the granting and amending of access licences and approvals, and
(f) establish rules that place limits on the availability of water for extraction, and
(g) establish rules for making available water determinations, and
(h) establish rules for the operation of water allocation accounts, and
(i) establish rules which specify the circumstances under which water may be taken, and
(j) establish access licence dealing rules, and
(k) identify triggers for and limits to changes to the rules in this Plan.
The following performance 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) change in the extent to which domestic and stock rights and native title rights requirements have been met,
(g) change in economic benefits derived from water extraction and use,
(h) change in the extent to which water has been made available in recognition of Aboriginal, cultural and heritage values of these water sources.
This Plan establishes a bulk access regime for the extraction of water under access licences in these water sources, having regard to:
(a) the environmental water rules established under Part 4 of this Plan, and
(b) the requirements for water for basic landholder rights identified in Division 2 of Part 5 of this Plan, and
(c) the requirements for water for extraction under access licences identified in Division 3 of Part 5 of this Plan, and
(d) the access licence dealing rules established under Part 11 of this Plan.
The bulk access regime for these water sources:
(a) recognises and is consistent with the limits to the availability of water set in relation to these water sources contained in Division 1 of Part 7 of this Plan, and
(b) establishes rules according to which access licences are to be granted and managed contained in Parts 8 and 9 of this Plan and available water determinations to be made contained in Division 2 of Part 7 of this Plan, and
(c) recognises the effect of climatic variability on the availability of water as described in clause 15, and
(d) establishes rules with respect to the priorities according to which water allocations are to be adjusted as a consequence of any reduction in the availability of water due to an increase in average annual extraction against the long-term average annual extraction limit contained in Division 1 of Part 7 of this Plan, and
(e) contains provisions with respect to the conditions that must be imposed as mandatory conditions on access licences contained in Division 2 of Part 12 of this Plan, and
(f) recognises and is consistent with the water management principles set out in section 5 of the Act.
This Plan recognises the effects of climatic variability on river flow and groundwater levels in these water sources by having provisions that:
(a) manage the sharing of water in these water sources within the limits of water availability on a long-term average annual basis and the priorities according to which water allocations are to be adjusted as a consequence of any reduction in the availability of water due to an increase in the average annual extraction against the long-term average annual extraction limit, contained in Division 1 of Part 7 of this Plan, and
(b) manage the sharing of water in specified water sources on a daily basis in these water sources, contained in Division 2 of Part 9 of this Plan.
Other statutory tools are available to manage for climatic variability within a water source, for example, temporary water restrictions under section 324 of the Act.
1 This Part is made in accordance with sections 8, 8A and 20 of the Act.
2 Part 13 allows for amendments to be made to this Part.
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,
Water is committed and identified as planned environmental water in these water sources in the following ways:
(a) by reference to the commitment of the physical presence of water in these water sources,
(b) by reference to the long-term average annual commitment of water as planned environmental water,
(c) by reference to the water that is not committed after the commitments to basic landholder rights and for sharing and extraction under any other rights have been met.
Planned environmental water is established in these water sources as follows:
(a) it is the physical presence of water:
(i) in these connected water sources that results from the access rules specified in Division 2 of Part 9 of this Plan, and
Note— The rules in Division 2 of Part 9 of this Plan for these connected water sources set flow rates or flow levels below which the taking of water is not permitted. Some limited exemptions apply.
(ii) in the Malpas Dam Water Source that results from the release rules as specified in clause 28, and
Note— The rules in clause 28 ensure a portion of the inflows to Malpas Dam in the Malpas Dam Water Source are released for environmental and other purposes.
(iii) in the Coastal Macleay Floodplain Alluvial Groundwater Source that is equal to 95% of the long-term average annual rainfall recharge, and
Notes— 1 At the commencement of this Plan the long-term average annual rainfall recharge for the Coastal Macleay Floodplain Alluvial Groundwater Source is estimated to be 32,628 megalitres per year.
2 Recharge is defined in the Dictionary.
3 Part 13 allows for amendments to be made to increase the long-term average annual extraction limit for the Coastal Macleay Floodplain Alluvial Groundwater Source during the term of this Plan. The maximum allowable increase in the long-term average annual extraction limit would result in a minimum of 75% of rainfall recharge being protected as planned environmental water over the long-term.
(iv) in the Coastal Macleay Floodplain Alluvial Groundwater Source that is within the groundwater storage of the Coastal Macleay Floodplain Alluvial Groundwater Source over the long term,
Note— Groundwater sources generally store large volumes of water, often accumulated over thousands or even tens of thousands of years. The amount of annual recharge is often very small compared to this stored volume. The average annual volume of water permitted to be extracted under the rules in this Plan is less than the average annual recharge of the Coastal Macleay Floodplain Alluvial Groundwater Source over the long term, ensuring that water within the groundwater storage of the Coastal Macleay Floodplain Alluvial Groundwater Source is protected from extraction.
(b) it is the long-term average annual commitment of water as planned environmental water in:
(i) these water sources that results from the application of the long-term average annual extraction limit and compliance rules as specified in Division 1 of Part 7 of this Plan and the available water determination rules as specified in Division 2 of Part 7 of this Plan, and
(ii) the Coastal Macleay Floodplain Alluvial Groundwater Source that is equal to 95% of the long-term average annual rainfall recharge, and
(iii) the Coastal Macleay Floodplain Alluvial Groundwater Source that is within the groundwater storage of the Coastal Macleay Floodplain Alluvial Groundwater Source over the long term,
(c) it is the water remaining in these water sources after water has been taken pursuant to basic landholder rights and access licences in accordance with the rules specified in Parts 7 and 9 of this Plan.
The planned environmental water established under subclause (1) (a) is maintained in:
(a) these connected water sources by the rules specified in Division 2 of Part 9 of this Plan, and
(b) the Malpas Dam Water Source by the release rules as specified in clause 28, and
(c) the Coastal Macleay Floodplain Alluvial Groundwater Source by the rules specified in Parts 7 and 9 of this Plan.
The planned environmental water established under subclause (1) (b) is maintained in these water sources by the application of the long-term average annual extraction limit and compliance rules as specified in Division 1 of Part 7 of this Plan and the available water determinations as specified in Division 2 of Part 7 of this Plan.
The planned environmental water established under subclause (1) (c) is maintained in these water sources by the rules specified in Parts 7 and 9 of this Plan.
The rules in Part 7 of this Plan ensure that there will be water remaining in these water sources over the long term by maintaining compliance with the long-term average annual extraction limits. The rules in Part 7 provide for a reduction in available water determinations when the long-term average annual extraction limits have been assessed to have been exceeded.
This Part identifies the requirements for water from these water sources for basic landholder rights (Division 2) and for extraction under access licences (Division 3).
The volumes of water specified in this Part represent the estimated water requirements of persons entitled to basic landholder rights in these water sources and the total volumes or unit shares specified in the share components of all access licences in these water sources. The actual volumes of water available for extraction in these water sources at any time will depend on factors such as climatic variability, access licence priority and the rules in this Plan.
This Plan recognises that basic landholder rights in these water sources and the total share components of all access licences authorised to extract water from these water sources may change during the term of this Plan. This Plan manages such changes by having provisions that manage the sharing of water within the limits of water availability, as provided for in Division 1 of Part 7 of this Plan.
The total share components of access licences in these water sources may change during the term of this Plan as a result of:
(a) the grant, surrender or cancellation of access licences in these water sources, or
(b) the variation of local water utility licences under section 66 of the Act, or
(c) changes due to the volumetric conversion of Water Act 1912 entitlements that are currently non-volumetric.
At the commencement of this Plan, the water requirements of persons entitled to domestic and stock rights in these water sources are estimated to total 2,677 megalitres per year (
(a) 29 ML/year in the Apsley Gorge Water Source,
(b) 205 ML/year in the Apsley River Water Source,
(c) 53 ML/year in the Bakers Creek Water Source,
(d) 54 ML/year in the Blue Mountain Creek Water Source,
(e) 11 ML/year in the Chandler Gorge Water Source,
(f) 190 ML/year in the Chandler River Water Source,
(g) 75 ML/year in the Christmas Creek Water Source,
(h) 74 ML/year in the Coastal Macleay Floodplain Alluvial Water Source,
(i) 138 ML/year in the Coastal Macleay Water Source,
(j) 70 ML/year in the Collombatti Creek Water Source,
(k) 210 ML/year in the Commissioners Waters Water Source,
(l) 78 ML/year in the Dungay Creek Water Source,
(m) 8 ML/year in the Dyke River Water Source,
(n) 8 ML/year in the Euroka Creek Water Source,
(o) 64 ML/year in the Five Day Creek Water Source,
(p) 84 ML/year in the Gara River Water Source,
(q) 8 ML/year in the Georges River Water Source,
(r) 5 ML/year in the Gills Bridge Creek Water Source,
(s) 7 ML/year in the Green Gully Water Source,
(t) 92 ML/year in the Hickeys Creek Water Source,
(u) 2 ML/year in the Kunderang Brook Water Source,
(v) 14 ML/year in the Macleay Gorges Water Source,
(w) 483 ML/year in the Macleay Valley Water Source,
(x) 49 ML/year in the Malpas Dam Water Source,
(y) 43 ML/year in the Mungay Creek Water Source,
(z) 63 ML/year in the Nulla Nulla Creek Water Source,
(aa) 36 ML/year in the Oaky River Water Source,
(bb) 237 ML/year in the Salisbury Waters Water Source,
(cc) 19 ML/year in the Stockyard Creek Water Source,
(dd) 22 ML/year in the Styx River Water Source,
(ee) 53 ML/year in the Tia River Water Source,
(ff) 75 ML/year in the Toorumbee Creek Water Source,
(gg) 57 ML/year in the Warbro Brook Water Source,
(hh) 61 ML/year in the Yarrowitch River Water Source.
1 Domestic and stock rights are set out in Division 1 of Part 1 of Chapter 3 of the Act and must be exercised in accordance with any mandatory guidelines established under the Act with respect to the taking and use of water for domestic consumption or stock watering. The volumes set out in this clause are separate from any volumes of water licensed for domestic and stock purposes in these water sources.
2 Inherent water quality and land use activities may make the water in some areas unsuitable for human consumption. Water from these water sources should not be consumed without first being tested and, if necessary, appropriately treated. Such testing and treatment is the responsibility of the water user.
At the commencement of this Plan, there are no native title rights in these water sources. Therefore the water requirements for native title rights are 0 ML/year.
A change in native title rights may occur pursuant to the provisions of the Native Title Act 1993 of the Commonwealth.
The requirement for water under harvestable rights in these water sources is equal to the total amount of water that owners or occupiers of landholdings are entitled to capture and store pursuant to a harvestable rights order made under Division 2 of Part 1 of Chapter 3 of the Act.
It is estimated that at the time of commencement of this Plan the share components of domestic and stock access licences authorised to take water from these water sources total 208 ML/year, distributed as follows:
(a) 0 ML/year in the Apsley Gorge Water Source,
(b) 4.5 ML/year in the Apsley River Water Source,
(c) 30.5 ML/year in the Bakers Creek Water Source,
(d) 8 ML/year in the Blue Mountain Creek Water Source,
(e) 0 ML/year in the Chandler Gorge Water Source,
(f) 13 ML/year in the Chandler River Water Source,
(g) 0 ML/year in the Christmas Creek Water Source,
(h) 0 ML/year in the Coastal Macleay Floodplain Alluvial Groundwater Source,
(i) 4 ML/year in the Coastal Macleay Water Source,
(j) 0 ML/year in the Collombatti Creek Water Source,
(k) 46 ML/year in the Commissioners Waters Water Source,
(l) 0 ML/year in the Dungay Creek Water Source,
(m) 0 ML/year in the Dyke River Water Source,
(n) 0 ML/year in the Euroka Creek Water Source,
(o) 0 ML/year in the Five Day Creek Water Source,
(p) 19 ML/year in the Gara River Water Source,
(q) 0 ML/year in the Georges River Water Source,
(r) 0 ML/year in the Gills Bridge Creek Water Source,
(s) 0 ML/year in the Green Gully Water Source,
(t) 0 ML/year in the Hickeys Creek Water Source,
(u) 0 ML/year in the Kunderang Brook Water Source,
(v) 0 ML/year in the Macleay Gorges Water Source,
(w) 8 ML/year in the Macleay Valley Water Source,
(x) 4.5 ML/year in the Malpas Dam Water Source,
(y) 0 ML/year in the Mungay Creek Water Source,
(z) 0 ML/year in the Nulla Nulla Creek Water Source,
(aa) 10 ML/year in the Oaky River Water Source,
(bb) 55 ML/year in the Salisbury Waters Water Source,
(cc) 0 ML/year in the Stockyard Creek Water Source,
(dd) 0 ML/year in the Styx River Water Source,
(ee) 5.5 ML/year in the Tia River Water Source,
(ff) 0 ML/year in the Toorumbee Creek Water Source,
(gg) 0 ML/year in the Warbro Brook Water Source,
(hh) 0 ML/year in the Yarrowitch River Water Source.
It is estimated that at the time of commencement of this Plan the share components of local water utility access licences authorised to take water from these water sources total 17,822 ML/year, distributed as follows:
(a) 130 ML/year in the Gara River Water Source,
(b) 10,141 ML/year in the Macleay Valley Water Source,
(c) 7,501 ML/year in the Malpas Dam Water Source,
(d) 50 ML/year in the Nulla Nulla Creek Water Source,
(e) 0 ML/year in all other water sources.
It is estimated that at the time of commencement of this Plan the share components of unregulated river access licences authorised to take water from these water sources total 14,333 unit shares, distributed as follows:
(a) 0 unit shares in the Apsley Gorge Water Source,
(b) 326 unit shares in the Apsley River Water Source,
(c) 100 unit shares in the Bakers Creek Water Source,
(d) 253 unit shares in the Blue Mountain Creek Water Source,
(e) 0 unit shares in the Chandler Gorge Water Source,
(f) 301 unit shares in the Chandler River Water Source,
(g) 0 unit shares in the Christmas Creek Water Source,
(h) 1,836 unit shares in the Coastal Macleay Water Source,
(i) 8 unit shares in the Collombatti Creek Water Source,
(j) 2,166 unit shares in the Commissioners Waters Water Source,
(k) 265 unit shares in the Dungay Creek Water Source,
(l) 0 unit shares in the Dyke River Water Source,
(m) 0 unit shares in the Euroka Creek Water Source,
(n) 60 unit shares in the Five Day Creek Water Source,
(o) 1,412 unit shares in the Gara River Water Source,
(p) 0 unit shares in the Georges River Water Source,
(q) 273 unit shares in the Gills Bridge Creek Water Source,
(r) 0 unit shares in the Green Gully Water Source,
(s) 76 unit shares in the Hickeys Creek Water Source,
(t) 0 unit shares in the Kunderang Brook Water Source,
(u) 2 unit shares in the Macleay Gorges Water Source,
(v) 3,432 unit shares in the Macleay Valley Water Source,
(w) 144 unit shares in the Malpas Dam Water Source,
(x) 103 unit shares in the Mungay Creek Water Source,
(y) 66 unit shares in the Nulla Nulla Creek Water Source,
(z) 55 unit shares in the Oaky River Water Source,
(aa) 1,476 unit shares in the Salisbury Waters Water Source,
(bb) 0 unit shares in the Stockyard Creek Water Source,
(cc) 213 unit shares in the Styx River Water Source,
(dd) 703 unit shares in the Tia River Water Source,
(ee) 0 unit shares in the Toorumbee Creek Water Source,
(ff) 304 unit shares in the Warbro Brook Water Source,
(gg) 759 unit shares in the Yarrowitch River Water Source.
It is estimated that at the time of commencement of this Plan the share components of unregulated river (high flow) access licences authorised to take water from these water sources total 0 unit shares, distributed as follows:
(a) 0 unit shares in the Apsley River Water Source,
(b) 0 unit shares in the Macleay Valley Water Source.
The water sources listed above are the only water sources within this Plan area which have been identified as suitable for unregulated river (high flow) access licences. Part 11 of this Plan allows for a specified amount of share components to be converted to 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 at the time of commencement of this Plan the share components of aquifer access licences authorised to take water from these water sources total 302 unit shares distributed as follows:
(a) 140 unit shares in the Coastal Macleay Floodplain Alluvial Groundwater Source,
(b) 162 unit shares in the Macleay Valley Water Source,
(c) 0 unit shares in all other water sources.
Part 13 allows for amendments to be made to this Part.
In the Malpas Dam Water Source, releases of water must be made from Malpas Dam in accordance with this clause.
Subject to subclause (3), when inflows to Malpas Dam, as measured at the Gara River at Willow Glen gauge (206035), are:
(a) less than 1 ML/day, a release equal to or greater than the inflows plus 1 ML/day, as measured at the Gara River downstream Malpas Dam gauge (206039), must be made from Malpas Dam, or
(b) equal to or greater than 1 ML/day and less than or equal to 6 ML/day, a release of 2 ML/day or greater, as measured at the Gara River downstream Malpas Dam gauge (206039), must be made from Malpas Dam, or
(c) greater than 6 ML/day, a release of 3 ML/day or greater, as measured at the Gara River downstream Malpas Dam gauge (206039), must be made from Malpas Dam.
Subclause (2) does not apply when the Malpas Dam is less than or equal to 55% of the dam’s storage capacity.
At the commencement of this Plan, the storage capacity of Malpas Dam is estimated to be 13,000 ML and 55% of the storage capacity is estimated to equate to 7,150 ML.
Part 13 allows for amendments to be made to this Part.
The availability of water for extraction in these water sources on a long-term basis is to be managed in accordance with this Part.
This clause establishes the long-term average annual extraction limits for the EMU and the Coastal Macleay Floodplain Alluvial Groundwater Source.
The long-term average annual extraction limit for the EMU is the sum of:
(a) the share component of all access licences in the EMU, plus
(b) the annual water requirements pursuant to domestic and stock rights and native title rights within the EMU.
The long-term average annual extraction limit for the Coastal Macleay Floodplain Alluvial Groundwater Source is 1,599 ML/year.
1 The long-term average annual extraction limit for the Coastal Macleay Floodplain Alluvial Groundwater Source is equal to current entitlements plus estimated future water requirements for the term of this Plan.
2 Part 13 allows for the long-term average annual extraction limit for the Coastal Macleay Floodplain Alluvial Groundwater Source to be increased to 8,157 ML/year.
Under section 8F of the Act the long-term average annual extraction limit is taken to be varied by the amount of any change to the amount of water committed as licensed environmental water, excluding water committed under section 8C of the Act. Water committed as licensed environmental water is not to be accounted for as extraction. The variation in the long-term average annual extraction limit is to be determined in accordance with a methodology approved by the Minister and published in the Gazette.
After each water year, the total volume of water taken during that water year:
(a) under all categories of access licences, and
(b) pursuant to domestic and stock rights and native title rights,
must be calculated for the EMU and the Coastal Macleay Floodplain Alluvial Groundwater Source respectively.
An assessment of average annual extractions against the long-term average annual extraction limit is to be conducted for:
(a) the EMU as set out in subclause (2), and
(b) the Coastal Macleay Floodplain Alluvial Groundwater Source as set out in subclause (3).
Commencing in the fourth water year in which this Plan has effect, the assessment referred to in subclause (1) (a) must compare the long-term average annual extraction limit established under clause 30 (2) for the EMU against the average of the annual extraction in the preceding three water years as calculated under clause 31 for the EMU.
Commencing in the fourth water year in which this Plan has effect, the assessment referred to in subclause (1) (b) must compare the long-term average annual extraction limit established in clause 30 (3) for the Coastal Macleay Floodplain Alluvial Groundwater Source against the average of the annual extractions in the preceding three water years as calculated under clause 31 for the Coastal Macleay Floodplain Alluvial Groundwater Source.
Compliance with the long-term average annual extraction limit established for the EMU is to be managed in accordance with this clause.
Commencing in the fourth water year in which this Plan has effect, if, in the Minister’s opinion, the assessment under clause 32 demonstrates that the average of the annual extractions in the EMU in the preceding three water years has exceeded the long-term average annual extraction limit established under clause 30 for the EMU by 5% or more, then available water determinations for unregulated river access licences, unregulated river (high flow) access licences and aquifer access licences in the EMU are to be reduced for the following water year in accordance with subclause (3).
The reduction under subclause (2) is to be of an amount that is, in the Minister’s opinion, necessary to return the long-term average annual extractions in the EMU to the long-term average annual extraction limit for the EMU established under this Part.
Compliance with the long-term average annual extraction limit established for the Coastal Macleay Floodplain Alluvial Groundwater Source is to be managed in accordance with this clause.
Commencing in the fourth water year in which this Plan has effect, if, in the Minister’s opinion, the assessment under clause 32 demonstrates that the average of the annual extractions in the Coastal Macleay Floodplain Alluvial Groundwater Source in the preceding three water years has exceeded the long-term average annual extraction limit established under clause 30 for the Coastal Macleay Floodplain Alluvial Groundwater Source by 5% or more, then available water determinations for aquifer access licences in the Coastal Macleay Floodplain Alluvial Groundwater Source are to be reduced for the following water year in accordance with subclause (3).
The reduction under subclause (2) is to be of an amount that is, in the Minister’s opinion, necessary to return the long-term average annual extractions in the Coastal Macleay Floodplain Alluvial Groundwater Source to the long-term average annual extraction limit for the Coastal Macleay Floodplain Alluvial Groundwater Source established under this Part.
Available water determinations for access licences with share components that specify any one of these water sources are to be expressed as either:
(a) a percentage of the share component for access licences where share components are specified as ML/year, or
(b) megalitres (
ML ) per unit share for access licences where share components are specified as a number of unit shares.
Subject to subclause (3), the sum of available water determinations made for any access licence with a share component that specifies one of these water sources must not, in any water year, exceed:
(a) 100% of the access licence share component, or such lower amount that is determined under Division 1 of this Part, for all access licences where share components are specified as ML/year, or
(b) 1 ML per unit share of the access licence share component, or such lower amount that is determined under Division 1 of this Part, for all access licences where share components are specified as a number of unit shares.
For the first water year in which this Plan has effect, subclause (2) does not apply to access licences with a share component that specifies one of these water sources, excluding:
(a) domestic and stock access licences, local water utility access licences, unregulated river access licences and unregulated river (high flow) access licences with a share component that specifies the Apsley River Water Source, the Commissioners Waters Water Source or the Toorumbee Creek Water Source, or
(b) access licences with a share component that specifies the Coastal Macleay Floodplain Alluvial Groundwater Source.
In making available water determinations at the commencement of this Plan, the Minister should consider the rules in this clause.
At the commencement of this Plan, the following available water determinations should be made for access licences with a share component that specifies one of these connected water sources, excluding the Apsley River Water Source, the Commissioners Waters Water Source and the Toorumbee Creek Water Source:
(a) 200% of the access licence share component for domestic and stock access licences,
(b) 200% of the access licence share component for local water utility access licences,
(c) 2 ML per unit of share component for unregulated river access licences,
(d) 2 ML per unit of share component for unregulated river (high flow) access licences,
(e) 2 ML per unit of share component for aquifer access licences.
In making available water determinations after the first water year in which this Plan has effect, the Minister should consider the rules in this clause.
At the commencement of each water year after the first water year in which this Plan has effect, the following available water determinations should be made for access licences with a share component that specifies one of these connected water sources, excluding the Apsley River Water Source, the Commissioners Waters Water Source and the Toorumbee Creek Water Source:
(a) 100% of the access licence share component for domestic and stock access licences,
(b) 100% of the access licence share component for local water utility access licences,
(c) 1 ML per unit of share component for unregulated river access licences,
(d) 1 ML per unit of share component for unregulated river (high flow) access licences,
(e) 1 ML per unit of share component for aquifer access licences,
or such lower amount that is determined under Division 1 of this Part.
Division 1 of this Part provides for available water determinations for unregulated river access licences, unregulated river (high flow) access licences and aquifer access licences to be reduced where the long-term average annual extraction limit for the EMU has been assessed to have been exceeded, as per clauses 32 and 33.
In making available water determinations for the Apsley River Water Source, the Commissioners Waters Water Source and the Toorumbee Creek Water Source, the Minister should consider the rules in this clause.
At the commencement of this Plan and at the commencement of each water year after the first water year in which this Plan has effect, the following available water determinations should be made for access licences with a share component that specifies the Apsley River Water Source, the Commissioners Waters Water Source or the Toorumbee Creek Water Source:
(a) 100% of the access licence share component for domestic and stock access licences,
(b) 100% of the access licence share component for local water utility access licences,
(c) 1 ML per unit of share component for unregulated river access licences,
(d) 1 ML per unit of share component for unregulated river (high flow) access licences,
or such lower amount that is determined under Division 1 of this Part.
Division 1 of this Part provides for available water determinations for unregulated river access licences and unregulated river (high flow) access licences to be reduced where the long-term average annual extraction limit for the EMU has been assessed to have been exceeded, as per clauses 32 and 33.
At the commencement of this Plan, an available water determination of 2 ML per unit of share component should be made for aquifer access licences with a share component that specifies the Apsley River Water Source, the Commissioners Waters Water Source or the Toorumbee Creek Water Source.
At the commencement of each water year after the first water year in which this Plan has effect, an available water determination of 1 ML per unit of share component, or such lower amount that is determined under Division 1 of this Part, should be made for aquifer access licences with a share component that specifies the Apsley River Water Source, the Commissioners Waters Water Source or the Toorumbee Creek Water Source.
Division 1 of this Part provides for available water determinations for aquifer access licences to be reduced where the long-term average annual extraction limit for the EMU has been assessed to have been exceeded, as per clauses 32 and 33.
In making available water determinations for the Coastal Macleay Floodplain Alluvial Groundwater Source, the Minister should consider the rules in this clause.
At the commencement of this Plan and at the commencement of each water year after the first water year in which this Plan has effect, the following available water determinations should be made for access licences with a share component that specifies the Coastal Macleay Floodplain Alluvial Groundwater Source:
(a) 100% of the access licence share component for domestic and stock access licences,
(b) 100% of the access licence share component for local water utility access licences,
(c) 1 ML per unit of share component for aquifer access licences,
or such lower amount that is determined under Division 1 of this Part.
Division 1 of this Part provides for available water determinations for aquifer access licences to be reduced where the long-term average annual extraction limit for the Coastal Macleay Floodplain Alluvial Groundwater Source has been assessed to have been exceeded, as per clauses 32 and 34.
1 This Part is made in accordance with sections 20, 61 and 63 of the Act.
2 Access licences granted in these water sources will be subject to mandatory conditions and may be subject to discretionary conditions.
Section 61 of the Act allows for the granting of specific purpose access licences under the regulations and the relevant water sharing plan. Only those specific purpose access licences listed in clause 10 of the Water Management (General) Regulation 2011 can be granted under the regulations. The licences that may be applied for under subclauses (2)–(4) are in addition to applications for the categories and subcategories of specific purpose access licences that may be made in accordance with clause 10 of the Water Management (General) Regulation 2011.
A specific purpose access licence must not be granted in these water sources unless the Minister is satisfied that the share and extraction component of the access licence is the minimum required to meet the circumstances in which the access licence is proposed to be used.
Subject to subclause (3), applications may be made for unregulated river (subcategory “Aboriginal community development”) access licences in the following water sources:
(a) Apsley River Water Source,
(b) Chandler River Water Source,
(c) Commissioners Waters Water Source,
(d) Macleay Valley Water Source,
(e) Oaky River Water Source,
(f) Styx River Water Source,
(g) Tia River Water Source.
An unregulated river (subcategory “Aboriginal community development”) access licence must not be granted in the water sources listed in subclause (2), if the granting of the access licence would cause the total of share components of unregulated river (subcategory “Aboriginal community development”) access licences to exceed:
(a) 88 ML/year in the Apsley River Water Source, and
(b) 77 ML/year in the Chandler River Water Source, and
(c) 72 ML/year in the Commissioners Waters Water Source, and
(d) 500 ML/year in the Macleay Valley Water Source, and
(e) 230 ML/year in the Oaky River Water Source, and
(f) 230 ML/year in the Styx River Water Source, and
(g) 363 ML/year in the Tia River Water Source.
Applications may be made for an aquifer (subcategory “Aboriginal community development”) access licence for the taking of water from the Coastal Macleay Floodplain Alluvial Groundwater Source.
1 The Regulation will provide for the creation of new access licences that authorise the taking of water between the defined tidal limit and the mangrove limit in the Coastal Macleay Water Source (for which no entitlement has previously been required under the Water Act 1912).
2 An unregulated river (subcategory “Aboriginal community development”) access licence or an aquifer (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 tradable licences.
3 Holders of unregulated river (“Aboriginal community development”) access licences in the above surface waters may only take water when flows in those water sources are above the A Class or the flow threshold specified in clause 47 (17) or (18).
Applications may not be made for an access licence of the subcategory “Aboriginal cultural” if the share component of the proposed access licence is more than 10 ML/year.
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.
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.
1 Part 13 of this Plan allows for amendments to be made to this Part.
2 The Act provides for the keeping of water allocation accounts for access licences. The rules in this Part impose further restrictions on the volume of water that may be taken under an access licence over a specified period of time. These restrictions are in addition to any other limits on access licences for the taking of water. It is an offence under the Act to take water under an access licence for which there is no or insufficient water allocation.
The rules in this clause apply to the taking of water under an access licence with a share component that specifies one of these connected water sources, excluding the following water sources:
(a) Apsley River Water Source,
(b) Commissioners Waters Water Source,
(c) Toorumbee Creek Water Source.
For the period of the first three water years in which this Plan has effect, water taken under an access licence must not exceed a volume equal to:
(a) 50% of the water allocations accrued to the water allocation account for the access licence from available water determinations in the first water year, plus
(b) the sum of water allocations accrued to the water allocation account for the access licence from available water determinations in the second and third water years, plus
(c) the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act in those three water years, plus
(d) any water allocations recredited to the water allocation account for the access licence in accordance with section 76 of the Act in those three water years.
For the period of any three consecutive water years after the first water year in which this Plan has effect, water taken under an access licence must not exceed a volume equal to the lesser of:
(a) the sum of:
(i) water allocations accrued to the water allocation account for the access licence from available water determinations in those three water years, and
(ii) the water allocations carried over in the water allocation account for the access licence from the water year prior to those three water years under subclause (4), and
(iii) the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act in those three water years, and
(iv) any water allocations recredited to the water allocation account for the access licence in accordance with section 76 of the Act in those three water years, or
(b) the sum of:
(i) the share component of the access licence at the beginning of the first of those three water years, and
(ii) the share component of the access licence at the beginning of the second of those three water years, and
(iii) the share component of the access licence at the beginning of the third of those three water years, and
(iv) the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act in those three water years, and
(v) any water allocations recredited to the water allocation account for the access licence in accordance with section 76 of the Act in those three water years.
The maximum water allocation that can be carried over from one water year to the next in the water allocation account for an access licence is equal to:
(a) 100% of the access licence share component for access licences with share components expressed as ML/year, or
(b) 1 ML per unit share of the access licence share component for access licences with share components expressed as a number of unit shares.
The rules in this clause apply to the taking of water under an access licence with a share component that specifies one of the following water sources:
(a) Apsley River Water Source,
(b) Commissioners Waters Water Source,
(c) Toorumbee Creek Water Source.
For the period of any three consecutive water years in which this Plan has effect, water taken under a domestic and stock access licence, local water utility access licence or an unregulated river access licence must not exceed a volume equal to the lesser of:
(a) the sum of:
(i) water allocations accrued to the water allocation account for the access licence from available water determinations in those three water years, and
(ii) the water allocations carried over in the water allocation account for the access licence from the water year prior to those three water years under subclause (5), and
(iii) the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act in those three water years, and
(iv) any water allocations recredited to the water allocation account for the access licence in accordance with section 76 of the Act in those three water years, or
(b) the sum of:
(i) the share component of the access licence at the beginning of the first of those three water years, and
(ii) the share component of the access licence at the beginning of the second of those three water years, and
(iii) the share component of the access licence at the beginning of the third of those three water years, and
(iv) the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act in those three water years, and
(v) any water allocations recredited to the water allocation account for the access licence in accordance with section 76 of the Act in those three water years.
For the period of the first three water years in which this Plan has effect, water taken under an aquifer access licence must not exceed a volume equal to:
(a) 50% of the water allocations accrued to the water allocation account for the access licence from available water determinations in the first water year, plus
(b) the sum of water allocations accrued to the water allocation account for the access licence from available water determinations in the second and third water years, plus
(c) the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act in those three water years, plus
(d) any water allocations recredited to the water allocation account for the access licence in accordance with section 76 of the Act in those three water years.
For the period of any three consecutive water years after the first water year in which this Plan has effect, water taken under an aquifer access licence must not exceed a volume equal to the lesser of:
(a) the sum of:
(i) water allocations accrued to the water allocation account for the access licence from available water determinations in those three water years, and
(ii) the water allocations carried over in the water allocation account for the access licence from the water year prior to those three water years under subclause (5), and
(iii) the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act in those three water years, and
(iv) any water allocations recredited to the water allocation account for the access licence in accordance with section 76 of the Act in those three water years, or
(b) the sum of:
(i) the share component of the access licence at the beginning of the first of those three water years, and
(ii) the share component of the access licence at the beginning of the second of those three water years, and
(iii) the share component of the access licence at the beginning of the third of those three water years, and
(iv) the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act in those three water years, and
(v) any water allocations recredited to the water allocation account for the access licence in accordance with section 76 of the Act in those three water years.
The maximum water allocation that can be carried over from one water year to the next in the water allocation account for an access licence is equal to:
(a) 100% of the access licence share component for access licences with share components expressed as ML/year, or
(b) 1 ML per unit share of the access licence share component for access licences with share components expressed as a number of unit shares.
The rules in this clause apply to the taking of water under an access licence with a share component that specifies the Coastal Macleay Floodplain Alluvial Groundwater Source.
In any water year in which this Plan has effect, water taken under an access licence must not exceed a volume equal to:
(a) the sum of water allocations accrued to the water allocation account for the access licence from available water determinations in that water year, plus
(b) the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act in that water year, plus
(c) any water allocations recredited to the water allocation account for the access licence in accordance with section 76 of the Act in that water year.
Water allocations remaining in the water allocation account for an access licence cannot be carried over from one water year to the next.
The rules in this Division apply to the taking of water under an access licence with a share component that specifies one of these water sources.
This Plan establishes the flow classes specified in Column 3 of Table B to this clause for the sharing of flows on a daily basis in these water sources.
The flow classes in Column 3 of Table B and the reference points specified in Column 6 of Table B are established for each water source specified in Column 1 of Table B and each management zone specified in Column 2 of Table B.
Subject to subclause (4), a flow class applies in the respective water source or management zone on the day specified in Column 7 of Table B when the flow (ML/day) as measured at the reference point specified in Column 6 of Table B is equal to the flow specified in Column 5 of Table B.
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 4 or check the Department’s website to find out what flow class applies that day.
The flow classes commence in the Year of this Plan specified in Column 4 of Table B.
Only those water sources for which flow classes have been established at the commencement of this Plan are shown in Table B.
Table B—Flow Classes
Column 1 | Column 2 | Column 3 | Column 4 | Column 5 | Column 6 | Column 7 |
Water source | Management zone | Flow class | Commencement | Flow (ML/day) | Reference point | Day on which flow class applies |
Apsley River Water Source | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 1 ML/day | Apsley River at Apsley Falls gauge (206018) | Same day | |
A Class | More than 1 ML/day and less than or equal to 16 ML/day | |||||
B Class | More than 16 ML/day and less than or equal to 39 ML/day | |||||
C Class | More than 39 ML/day | |||||
Coastal Macleay Water Source | Tidal Management Zone | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 13 ML/day | Macleay River at Turners Flat gauge (206011) | Same day |
A Class | More than 13 ML/day | |||||
Very Low Flow Class | Year 4 of this Plan | Less than or equal to 19 ML/day | ||||
A Class | More than 19 ML/day | |||||
Very Low Flow Class | Year 7 of this Plan | Less than or equal to 30 ML/day | ||||
A Class | More than 30 ML/day | |||||
Commissioners Waters Water Source | Commissioners Waters Management Zone | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 1 ML/day | Commissioners Waters at Tiverton (Eathorpe) gauge (206008) | Same day |
A Class | More than 1 ML/day and less than or equal to 13 ML/day | |||||
B Class | More than 13 ML/day | |||||
Dumaresq Creek Management Zone | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 1 ML/day | Commissioners Waters at Tiverton (Eathorpe) gauge (206008) | Same day | |
A Class | More than 1 ML/day and less than or equal to 13 ML/day | |||||
B Class | More than 13 ML/day | |||||
Georges River Water Source | Very Low Flow Class | Year 1 of this Plan | No visible flow | Georges Creek Road Crossing | Same day | |
A Class | Visible flow | |||||
Hickeys Creek Water Source | Very Low Flow Class | Year 1 of this Plan | No visible flow | Secombs Lane Bridge | Same day | |
A Class | Visible flow | |||||
Macleay Gorges Water Source | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 13 ML/day | Macleay River downstream of Georges River gauge (206024) | Same day | |
A Class | More than 13 ML/day | |||||
Macleay Valley Water Source | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 13 ML/day | Macleay River at Turners Flat gauge (206011) | Same day | |
A Class | More than 13 ML/day and less than or equal to 1,014 ML/day | |||||
B Class | More than 1,014 ML/day and less than or equal to 1,419 ML/day | |||||
C Class | More than 1,419 ML/day | Same day | ||||
Very Low Flow Class | Year 4 of this Plan | Less than or equal to 19 ML/day | ||||
A Class | More than 19 ML/day and less than or equal to 1,014 ML/day | |||||
B Class | More than 1,014 ML/day and less than or equal to 1,419 ML/day | |||||
C Class | More than 1,419 ML/day | |||||
Very Low Flow Class | Year 7 of this Plan | Less than or equal to 30 ML/day | Same day | |||
A Class | More than 30 ML/day and less than or equal to 1,014 ML/day | |||||
B Class | More than 1,014 ML/day and less than or equal to 1,419 ML/day | |||||
C Class | More than 1,419 ML/day | |||||
Nulla Nulla Creek Water Source | Very Low Flow Class | Year 1 of this Plan | No visible flow | Nulla Creek Road crossing | Same day | |
A Class | Visible flow | |||||
Styx River Water Source | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 7 ML/day | Styx River at Jeogla gauge (206001) | Same day | |
A Class | More than 7 ML/day and less than or equal to 110 ML/day | |||||
C Class | More than 110 ML/day | |||||
Very Low Flow Class | Year 6 of this Plan | Less than or equal to 10 ML/day | Same day | |||
A Class | More than 10 ML/day and less than or equal to 110 ML/day | |||||
C Class | More than 110 ML/day | |||||
Tia River Water Source | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 2 ML/day | Tia River at Tia River gauge (206009) | Same day | |
A Class | More than 2 ML/day and less than or equal to 66 ML/day | |||||
C Class | More than 66 ML/day | |||||
Warbro Brook Water Source | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 8 ML/day | Macleay River at Turners Flat gauge (206011) | Same day | |
A Class | More than 8 ML/day |
1 The flow percentiles below refer to critical month flows (November) at the gauge and include all days of record.
(a) For the Macleay River downstream of Georges River gauge (206024), 13 ML/day corresponds to the estimated 97th percentile flow.
(b) For the Macleay River at the Turners Flat gauge (206011):
(i) 8 ML/day corresponds to a point on the flow duration curve between the estimated 98th and 99th percentile flow, and
(ii) 13 ML/day corresponds to the estimated 98th percentile flow, and
(iii) 19 ML/day corresponds to the estimated 97th percentile flow, and
(iv) 30 ML/day corresponds to the estimated 96th percentile flow, and
(v) 1,419 ML/day corresponds to the estimated 30th percentile flow.
2 The flow percentiles below refer to critical month flows (December) at the gauge flows and include all days of record.
(a) For the Apsley River at the Apsley Falls gauge (206018):
(i) 1 ML/day corresponds to the estimated 82nd percentile flow, and
(ii) 39 ML/day corresponds to the estimated 30th percentile flow.
(b) For the Styx River at the Jeogla gauge (206001):
(i) 7 ML/day corresponds to the estimated 98th percentile flow, and
(ii) 10 ML/day corresponds to the estimated 95th percentile flow.
(c) For the Tia River at the Tia River gauge (206009), 2 ML/day corresponds to the estimated 97th percentile flow.
(d) For the Commissioners Waters at Tiverton (Eathorpe) gauge (206008), 1 ML/day corresponds to the estimated 86th percentile flow.
3 The flow percentiles below refer to average daily flows at the gauge and include all days of record.
(a) For the Apsley River at the Apsley Falls gauge (206018), 16 ML/day corresponds to the estimated 50th percentile flow.
(b) For the Tia River at the Tia River gauge (206009), 66 ML/day corresponds to the estimated 50th percentile flow.
(c) For the Commissioners Waters at Tiverton (Eathorpe) gauge (206008), 13 ML/day corresponds to the estimated 50th percentile flow.
(d) For the Macleay River at the Turners Flat gauge (206011), 1,014 ML/day corresponds to the estimated 50th percentile flow.
(e) For the Styx River at the Jeogla gauge (206001), 110 ML/day corresponds to the estimated 50th percentile flow.
4 Year 1 of this Plan ,Year 4 of this Plan ,Year 6 of this Plan andYear 7 of this Plan are defined in the Dictionary.
This clause applies to the taking of water under an access licence from these water sources, excluding the taking of water:
(a) under an access licence used 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 this clause, and
(ii) the access licence holder has a water management plan for the aquifer interference activity, that has been approved in accordance with the development consent for the activity under the Environmental Planning and Assessment Act 1979, and
(iii) the water management plan includes conditions that require the return of water to the water source to mitigate the taking of water during times when the access rules apply under this clause, or
(b) under an access licence used in association with an aquifer interference activity when:
(i) in the Minister’s opinion, there are no reasonably practicable measures the access licence holder can take to comply with the access rules under this clause, and
(ii) the access licence holder has a water management plan for the aquifer interference activity that has been approved by the Minister, and
(iii) the water management plan includes conditions that require the return of water to the water source to mitigate the taking of water during times when the access rules apply under this clause, or
(c) from these upriver alluvial sediments, or
(d) from the Coastal Macleay Floodplain Alluvial Groundwater Source.
Subject to subclauses (14) and (22), 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. This subclause does not apply to the taking of water:
(a) from an off-river pool, or
(b) under an access licence with an extraction component that specifies the Dumaresq Creek Management Zone in the Commissioners Waters Water Source at the commencement of this Plan when the Armidale Dumaresq Council water treatment plant is discharging filter water into Dumaresq Creek.
Subject to subclause (22), water must not be taken under an access licence when there is no visible flow at the location at which water is proposed to be taken. This subclause does not apply to the taking of water from an in-river pool or an off-river pool.
Subject to subclause (22), water must not be taken under an access licence from an off-river pool when the volume of water in that pool is less than the full capacity of the pool.
Subject to subclause (22), in water sources where flow classes have not commenced, water must not be taken under an access licence from an in-river pool when the volume of water in that pool is less than the full capacity of the pool.
Subject to subclause (22), water must not be taken under an access licence with a share component that specifies the Yarrowitch River Water Source when the water level is less than or equal to 0.29 metres on the gauging plate located at Yarrobindi Bridge, near Lot 7008 DP 1125260.
At the commencement of this Plan, the Department assessed that when the water level was equal to the point indicated on the gauging plate located at Yarrobindi Bridge, there was approximately 3 ML/day of water flowing past that point.
Water must not be taken under an access licence specified in Column 1 of the table in Schedule 1 with a share component that specifies the water source in Column 2 of the table in Schedule 1 in contradiction of the access rule specified in Column 3 of the table in Schedule 1.
Those former Water Act 1912 entitlements and the cease to take conditions that have been identified as being higher than the upper limit of the relevant Very Low Flow Class or the access rules specified in subclauses (2)–(5), (11)–(13) and (15) are listed in Schedule 1.
The cease to take condition that arises from subclause (7) applies to all water supply works that are nominated by the access licence following a dealing under section 71S or 71W of the Act.
1 This will include, for example, all water supply works that are nominated by the access licence following a dealing under section 71S or 71W of the Act.
2 Cease to take condition is defined in the Dictionary.
Water must not be taken under an access licence specified in Column 1 of the table in Schedule 2, with a share component that specifies the water source in Column 2 of the table in Schedule 2, in contradiction of the access rule specified in Column 3 of the table in Schedule 2.
The cease to take condition that arises from subclause (9) only applies to water supply works that were nominated by the access licence at the commencement of this Plan.
Subject to subclause (22), water must not be taken under an access licence with a share component that specifies the Apsley River Water Source for more than eight hours/day when the flow in the Apsley River at Apsley Falls gauge (206018) is less than or equal to 5 ML/day. This subclause does not apply to the taking of water from an off-river pool.
Subject to subclause (22), water must not be taken under an access licence with an extraction component that specifies the Commissioners Waters Management Zone or the Dumaresq Creek Management Zone of the Commissioners Waters Water Source:
(a) for more than eight hours/day when flows in the Commissioners Waters at Tiverton (Eathorpe) gauge (206008) are less than or equal to 5 ML/day, and
(b) for more than twelve hours/day when flows in the Commissioners Waters at Tiverton (Eathorpe) gauge (206008) are greater than 5 ML/day and less than or equal to 9 ML/day.
This subclause does not apply to the taking of water from an off-river pool.
Subject to subclause (22), water must not be taken under an access licence with a share component that specifies the Macleay Valley Water Source or the Warbro Brook Water Source:
(a) for more than six hours/day when flows in the Macleay River at the Turners Flat gauge (206011) are less than or equal to 40 ML/day, and
(b) for more than ten hours/day when flows in the Macleay River at the Turners Flat gauge (206011) are more than 40 ML/day and less than or equal to 60 ML/day.
This subclause does not apply to the taking of water from an off-river pool or the taking of water under a local water utility access licence in the Macleay Valley Water Source.
Water must not be taken under a local water utility access licence with a share component that specifies the Macleay Valley Water Source and applied to the Sherwood borefield recharge channel when:
(a) the volume of water in Steuart McIntyre Dam is greater than or equal to 60% of the dam’s storage capacity, and
(b) flow in the Macleay River at Turners Flat gauge (206011) is less than or equal to 30 ML/day.
1 At the commencement of this Plan, the storage capacity of Steuart McIntyre Dam is estimated to be 2,500 ML and 60% of the storage capacity is estimated to equate to 1,500 ML.
2 When Steuart McIntyre Dam is less than 60% of dam storage capacity, Kempsey Shire Council may transfer water to the Sherwood borefield recharge channel to provide town water supplies to Kempsey.
Subject to subclause (22), water must not be taken under an access licence with a share component that specifies the Tia River Water Source for more than eight hours/day when the flow in the Tia River at Tia River gauge (206009) is less than or equal to 10 ML/day. This subclause does not apply to the taking of water from an off-river pool.
Water must not be taken under an unregulated river (“Aboriginal community development”) access licence with a share component that specifies one of the following water sources when flows in that water source are in the Very Low Flow Class or A Class:
(a) Apsley River Water Source,
(b) Commissioners Waters Water Source,
(c) Macleay Valley Water Source,
(d) Styx River Water Source,
(e) Tia River Water Source.
Water must not be taken under an unregulated river (“Aboriginal community development”) access licence with a share component that specifies the Chandler River Water Source when flows in the Wollomombi River at Conninside gauge (206014) are less than or equal to 14 ML/day.
Water must not be taken under an unregulated river (“Aboriginal community development”) access licence with a share component that specifies the Oaky River Water Source when flows in the Styx River at Jeogla gauge (206001) are less than or equal to 110 ML/day.
Water must not be taken under an unregulated river (high flow) access licence with a share component that specifies the Apsley River Water Source or the Macleay Valley Water Source when flows in that water source are in the Very Low Flow Class, A Class or B Class.
Water must not be taken under an access licence with a share component that specifies one of these water sources from:
(a) an in-river dam pool, or
(b) a runoff harvesting dam pool,
created by a structure authorised by a water supply work approval, when flows or storage levels in that pool are at or less than a cease to take condition that was specified on the Water Act 1912 entitlement that the access licence replaces. This subclause does not apply to the taking of water under an access licence listed in Schedule 2 of this Plan.
Water must not be taken in these water sources from an in-river dam pool unless the in-river dam is:
(a) constructed, operated and maintained in accordance with any conditions specified on the water supply work approval for the in-river dam, and
(b) passing such flows in such circumstances as are specified on the water supply work approval for the in-river dam.
Subclauses (2)–(5), (11)–(13) and (15) do not apply to the following:
(a) the taking of water under an access licence or an access licence which replaces a Water Act 1912 entitlement to which clause 1 of Schedule 3 applies, for any of the following purposes, provided that the volume of water taken does not exceed 20 kilolitres per day per access licence or such lower amount specified in accordance with subclause (23):
(i) fruit washing,
(ii) cleaning of dairy plant and equipment for the purpose of hygiene,
(iii) poultry watering and misting,
(iv) cleaning of enclosures used for intensive animal production for the purposes of hygiene,
(b) the taking of water for domestic consumption only under a domestic and stock access licence or a domestic and stock (subcategory “domestic”) access licence that existed at the commencement of this Plan and with a share component that specifies one of these water sources, excluding the Apsley River Water Source, the Commissioners Waters Water Source and the Toorumbee Creek Water Source, provided that the volume of water taken does not exceed 1 kilolitre per house supplied by the access licence per day,
(c) the taking of water for domestic consumption only under a domestic and stock access licence or a domestic and stock (subcategory “domestic”) access licence:
(i) that existed at the commencement of the Water Sharing Plan for the Apsley River Water Source 2003, the Water Sharing Plan for the Commissioners Waters Water Source 2003 and the Water Sharing Plan for the Toorumbee Creek Water Source 2003, and
(ii) with a share component that specifies the Apsley River Water Source, the Commissioners Waters Water Source and the Toorumbee Creek Water Source,
provided that the volume of water taken does not exceed 1 kilolitre per house supplied by the access licence per day,
Note— The Water Sharing Plan for the Apsley River Water Source 2003, the Water Sharing Plan for the Commissioners Waters Water Source 2003 and the Water Sharing Plan for the Toorumbee Creek Water Source 2003 commenced on 1 July 2004.
(d) the taking of water for stock watering only under a domestic and stock access licence or a domestic and stock (subcategory “stock”) access licence:
(i) that existed at the commencement of this Plan, and
All water supply work approvals must contain mandatory conditions to require that the water supply work must not be used to take water unless, before water is taken, the holder of the water supply work approval confirms that the relevant cease to take conditions do not apply. Where the holder is required to keep a Logbook, the holder must record that confirmation and the means of confirmation (such as visual inspection or internet search), in the Logbook.
Water supply work approvals for runoff harvesting dams and in-river dams must have a mandatory condition where required to give effect to clause 52 (2).
This clause applies to all water supply work approvals for water supply works that are authorised to take water from:
(a) these upriver alluvial sediments, and
(b) the Coastal Macleay Floodplain Alluvial Groundwater Source.
Water supply work approvals to which this clause applies must have mandatory conditions where required to give effect to the following:
(a) the rules for limiting the taking of water within the restricted distances specified in clause 60,
(b) the approval holder must ensure the water supply work is constructed so as to be:
(i) screened in the water source specified in the share component of the access licence that nominates the work, and
(ii) sealed off from all other water sources,
(c) the construction of a new water supply work must:
(i) comply with the restricted distances specified in or specified by the Minister in accordance with clauses 54–58, and
(ii) comply with the construction standards for that type of bore prescribed in the Minimum Construction Requirements for Water Bores in Australia, 2012, and
Note— Minimum Construction Requirements for Water Bores in Australia is defined in the Dictionary.(iii) be constructed to prevent contamination between aquifers, and
(iv) be constructed to prevent the flow of saline water between aquifers as directed by the Minister in writing,
(d) if a water supply work is to no longer be used permanently, then the approval holder of that work must provide the Minister with notice in writing that the approval holder intends to decommission the water supply work, at least 90 days prior to the date of commencement of decommissioning and include a work plan for decommissioning in accordance with the Minimum Construction Requirements for Water Bores in Australia,
(e) upon receiving notice of the intention to decommission from the approval holder under paragraph (d), the Minister may by notice in writing, require that the water supply work not be decommissioned, or that the water supply work be decommissioned in accordance with other requirements,
Note— If a notice in writing is required from the Minister regarding the decommissioning of a water supply work, this notice will be sent to the approval holder within 60 days of the notice under paragraph (d) being sent.
(f) if the approval holder receives a notice from the Minister under paragraph (e), the approval holder must proceed in accordance with any requirements in that notice,
(g) if the approval holder does not receive a notice from the Minister under paragraph (e) within 60 days of providing notice of the intent to decommission under paragraph (d), the approval holder must decommission the water supply work in accordance with the work plan,
(h) within 60 days of the water supply work being decommissioned under paragraphs (f) or (g), the approval holder must notify the Minister in writing that the water supply work has been decommissioned and provide the name of the driller who decommissioned the work,
(i) the approval holder must, within 60 days of completion of the construction of the water supply work, or within 60 days after the issue of the water supply work approval if the approval is for the amendment of an existing water supply work, submit the details of the water supply work to the Department in a form approved by the Minister,
(j) if, during the construction of the water supply work, contaminated water is encountered above the production aquifer, the approval holder must:
(i) notify the Minister within 48 hours of becoming aware of the contaminated water, and
(ii) take all reasonable steps to minimise contamination and environmental harm, and
(iii) ensure that such water is sealed off by inserting casing to a depth sufficient to exclude the contaminated water from the water supply work and, if specified by the Minister, place an impermeable seal between the casing and the walls of the water supply work from the bottom of the casing to ground level as specified by the Minister, and
(iv) if the Minister has specified any other requirements, comply with any requirements specified by the Minister in writing,
(k) when directed by the Minister by notice in writing, the approval holder must provide a report in the form specified in the notice detailing the quality of any water obtained using the water supply work,
(l) the authority to construct a water supply work under a water supply work approval will expire if the construction of that water supply work is not completed within three years of the issue of the water supply work approval,
(m) any other conditions required to implement the provisions of this Plan.
A water supply work approval granted in circumstances where clause 54 (2) (d) applies must have a mandatory condition where required to give effect to clause 54 (4).
A water supply work approval for a water supply work must have mandatory conditions where required to give effect to the requirements for a replacement groundwater work specified in or specified by the Minister in accordance with clause 59.
Amendments specified throughout this Plan and in this Part are amendments authorised by this Plan.
An amendment authorised by this Plan is taken to include any consequential amendments required to be made to this Plan to give effect to that particular amendment.
For example, if Part 1 is amended to add a new management zone, this may require amendments to other parts of this Plan to include rules for that management zone.
An amendment authorised by this Plan which results in a variation of the bulk access regime is an amendment authorised by this Plan for the purposes of sections 87 (2) (c) and 87AA of the Act.
Part 1 may be amended to do any of the following:
(a) apply this Plan to new or additional water sources or water management areas (including part thereof) or modify (including to amend the boundaries) or remove an existing water source or water management area (including part thereof) from this Plan,
(b) add, remove or modify a management zone, including the water sources to which a management zone applies and the boundaries of such a zone,
(c) add, remove or modify an extraction management unit, including the water sources to which an extraction management unit applies,
(d) amend the Plan Map.
Subject to subclause (2), Part 4 may be amended to vary the amount of recharge reserved as planned environmental water in the Coastal Macleay Floodplain Alluvial Groundwater Source as a result of:
(a) recharge studies undertaken or assessed as adequate by the Minister, and
(b) increases made to the long-term average annual extraction limit in the Coastal Macleay Floodplain Alluvial Groundwater Source.
Part 4 may be amended to decrease the amount of recharge reserved as planned environmental water to no less than 75% of rainfall recharge in areas that are not high environmental value areas in the Coastal Macleay Floodplain Alluvial Groundwater Source.
Part 6 may be amended to do any of the following:
(a) vary the volume of water to be released from Malpas Dam within the Malpas Dam Water Source after Year 2 of this Plan,
(b) change the gauge used to measure releases from Malpas Dam.
Year 2 is defined in the Dictionary.
Before making an amendment pursuant to subclause (1) (a), the Minister should:
(a) take into account the socio-economic impacts of the proposed change, and
(b) take into account the environmental water requirements of this water source, and
(c) consult with relevant Government agencies and stakeholders.
Subject to subclauses (2) and (3), the long-term average annual extraction limit for the Coastal Macleay Floodplain Alluvial Groundwater Source may be increased up to 8,157 ML/year.
The maximum allowable increase in the long-term average annual extraction limit would result in a minimum of 75% of rainfall recharge being protected as planned environmental water over the long-term.
Subject to subclause (3), Part 7 of this Plan may be amended to modify the long-term average annual extraction limit of the Coastal Macleay Floodplain Alluvial Groundwater Source as a result of:
(a) recharge studies undertaken or assessed as adequate by the Minister, and
(b) socio-economic information assessed as adequate by the Minister.
Any amendment to the long-term average annual extraction limit under subclause (2) should maintain the protection of these groundwater sources and their dependent ecosystems, and should ensure consistency with the objectives outlined in this Plan.
Following the surrender under section 77 of the Act of an access licence and then the cancellation under section 77A (6) of the Act of an access licence in one of these water sources, the Minister may amend clause 30 to vary the long-term average annual extraction limit that applies to the EMU or that water source.
Division 2 of Part 9 of this Plan may be amended to do any of the following:
(a) establish new or additional flow classes in these water sources, excluding the Apsley River Water Source, Commissioners Waters Water Source and the Toorumbee Creek Water Source, taking into account the following:
(i) any new information, assessed as adequate by the Minister, about the level of hydrological stress in these water sources,
(ii) the socio-economic impacts of the proposed change, and
(iii) the environmental water requirements of these water sources,
provided that the Minister will consult with relevant Government agencies and stakeholders before making an amendment pursuant to this paragraph,
(b) establish new or additional flow classes in these water sources, excluding the Apsley River Water Source, Commissioners Waters Water Source and the Toorumbee Creek Water Source, where management zones are added or in any water source or management zone that is amended during the term of this Plan as specified in clause 73,
(c) amend clause 47 to extend the exemption to the cease to take conditions for stock watering purposes specified in clause 47 (22) (d) beyond Year 4 of this Plan and/or modify the volume of water permitted to be taken for stock watering purposes after Year 4 of this Plan,
(d) establish new or additional flow classes in any water source where management zones are added or in any water source or management zone that is amended during the term of this Plan as specified in clause 74, provided that the Minister is satisfied that the amendments will not have significant adverse impact on the access to water of licence holders in the affected water source or management zone,
(e) establish or assign TDELs in these water sources or management zones following the imposition of an adaptive environmental water condition on an access licence that requires the water to be left in the water source or management zone for environmental purposes,
(f) establish or assign TDELs in these water sources or management zones to protect a proportion of flow within each flow class for the environment,
(g) amend or remove TDELs if TDELs have been established or assigned,
(h) include rules for the establishment, assignment and removal of IDELs,
(i) remove the existing access rules where TDELs and/or IDELs have been established under paragraph (e) or (g) to protect a proportion of flow within each flow class for the environment,
(j) reinstate access rules that applied at the commencement of this Plan, where TDELs and IDELs have been removed under paragraph (g),
(k) establish a salinity based access rule for access licences that take water from the surface water within the Tidal Management Zone of the Coastal Macleay Water Source. Before making an amendment pursuant to this subclause, the Minister should:
(i) take into account the socio-economic impacts of the proposed change, and
(ii) take into account the environmental water requirements of this water source, and
(iii) consult with relevant Government agencies and stakeholders,
(l) amend access licence rules for the taking of water by local water utility access licences in the Macleay Valley Water Source following a secure yield analysis assessed as adequate by the Department,
(m) amend existing flow classes, establish new or additional flow classes or amend the flow reference point in order to establish TDELs or IDELs,
(n) if in the Minister’s opinion the access rule for the Yarrowitch River Water Source does not equate to an approximate flow of 3 ML/day at the Yarrobindi Bridge, amend the access rule for the Yarrowitch River Water Source to achieve the intended outcome.
Part 10 may be amended to do any of the following:
(a) amend clause 52 to specify water sources or management zones where water supply work approvals must not be granted or amended to authorise in-river dams on third or higher order streams,
(b) add, remove or modify a restricted distance specified in:
(i) clause 54 after Year 5 of this Plan, or
Note— Year 5 of this Plan is defined in the Dictionary.(ii) clause 56 based on the outcomes of further studies of groundwater-dependent ecosystems that are to the Minister’s satisfaction,
(c) amend the definition of a replacement groundwater work in clause 59,
(d) amend clause 60 to impose further restrictions on the rate and timing of extraction of water to mitigate impacts,
(e) amend the Plan map to add or remove a groundwater-dependent ecosystem.
Part 12 may be amended to do any of the following:
(a) amend the rules in relation to record keeping including in relation to requirements for Logbooks,
(b) amend clause 71 or 72 to specify different standards or requirements for decommissioning water supply works or construction requirements for water supply works.
The Dictionary may be amended to add, modify or remove a definition.
Schedule 1 may be amended to add or remove an access licence or Water Act 1912 entitlement specified in Column 1 of the table to the Schedule and the corresponding water source and access rule in Columns 2 and 3.
Schedule 2 may be amended to do any of the following:
(a) remove an access licence or Water Act 1912 entitlement specified in Column 1 of the table to the Schedule and the corresponding water source and access rule in Columns 2 and 3,
(b) amend the access rule specified in Column 3 of the table to the Schedule, or
(c) add an access licence to Column 1 of the table to the Schedule and specify the water source and access rule in Columns 2 and 3, based on the following requirements:
(i) the holder of an access licence has applied in writing to the Department within 12 months from the commencement of this Plan to have their access licence listed in the Schedule,
(ii) the applicant has held a Water Act 1912 entitlement that has been converted to an access licence on commencement of this Plan,
(iii) the share component of the access licence taking water from the in-river dam pool specifies the Gara River Water Source,
(iv) the applicant must demonstrate a history of extraction regarding the taking of water from an in-river dam pool and provide any other information as required by the Minister,
(v) water must not be taken from an in-river dam pool when the in-river dam pool level is at or less than a volume determined by the Minister to be equivalent to the historical access practices under the Water Act 1912 entitlement.
Schedule 3 may be amended to do any of the following:
(a) add a new access licence to clause 1 of Schedule 3, provided that a written request has been made to the Minister and the Minister is satisfied that extraction under the access licence is for a purpose listed in clause 47 (22) (a) and that the purpose was specified on, or referred to in the conditions of, the Water Act 1912 entitlement that was replaced by the access licence,
(b) add a local water utility access licence or an access licence of the subcategory “Town water supply” to clause 2 of Schedule 3, provided the Minister is satisfied that the water supply system used to take, store and deliver water has not undergone major augmentation since the commencement of this Plan,
(c) add an access licence or a Water Act 1912 entitlement to clause 3 of Schedule 3,
(d) remove an access licence or a Water Act 1912 entitlement from clause 1 of Schedule 3 if:
(i) an access licence dealing results in water being taken under the licence from a different location, or
(ii) an alternative water supply is obtained, or
(iii) the access licence is surrendered or cancelled,
(e) remove a local water utility access licence, an access licence of the subcategory “Town water supply” or a Water Act 1912 entitlement from clause 2 of Schedule 3 if:
(i) the Minister is satisfied that the water supply system used to take, store and deliver water has undergone major augmentation since the commencement of this Plan, or
(ii) the access licence is surrendered or cancelled or the purpose ceases to exist,
(f) remove an access licence or a Water Act 1912 entitlement from clause 3 of Schedule 3 if,
(i) an access licence dealing results in water being taken under the licence from a different location, or
(ii) an alternative water supply is obtained, or
(iii) the access licence is surrendered or cancelled.
Schedule 4 may be amended to add or remove a contamination source.
This Plan may be amended to include rules for the following:
(a) managed aquifer recharge,
Note— Managed aquifer recharge schemes involve taking water such as recycled water or urban stormwater, treating it and then storing it in underground aquifers under controlled conditions. This water can then be extracted at a later time.
(b) the management of floodplain harvesting within these water sources,
(c) the shepherding of water,
Note— Shepherding is defined in the Dictionary.(d) any new category of access licence established for the purpose of urban stormwater harvesting,
(e) the interception of water before it reaches a stream or aquifer by plantations or other means,
(f) the management of salt interception schemes,
(g) the management of aquifer interference activities, including the granting of aquifer interference approvals.
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 to enable this Plan, or any part of this Plan, to be accredited as part or all of a water resource plan under the Water Act 2007 of the Commonwealth.
This Plan may be amended after Year 5 to provide rules for the protection of water-dependent Aboriginal cultural assets to do any of the following:
(a) identify water-dependent Aboriginal cultural assets,
(b) amend the access rules to protect water-dependent Aboriginal cultural assets,
(c) restrict the granting and amending of water supply work approvals to protect water-dependent Aboriginal cultural assets,
(d) amend the dealing rules to protect water-dependent Aboriginal cultural assets.
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.
This Plan may be amended to incorporate any water source and any associated rules into this Plan.
Unless otherwise defined in this Plan, words and expressions that are defined in the Act or in the regulations have the same meaning in this Plan.
(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) a pool that is on a flood-runner or floodplain, or
(b) a pool that is on an effluent that only begins to flow during high flows.
(a) not within a river or stream (regardless of stream size), or
(b) located on a flood-runner or floodplain, or
(c) located on an effluent that only commences to flow during high flows.
The access licences which replace Water Act 1912 entitlements listed in Column 1 of the table below and which have share components that specify the water sources listed in Column 2 of the table below, will have the access rule specified in Column 3 imposed as mandatory conditions to give effect to clause 47 (7).
Column 1 | Column 2 | Column 3 |
Water Act 1912 entitlements that will be replaced by access licences on commencement of this Plan | Water Source | Access rules |
30SL027592 | Tia River Water Source | Water must not be taken when the water level at Tia River at Tia gauge (206009) falls below 0.38 metres |
30SL035824 | Chandler River Water Source | Water must not be taken when there is no flow in Sugarloaf Creek over the weir, located in the bed of Sugarloaf Creek downstream of the diversion channel, or when there is no flow in Sugarloaf Creek where it crosses the earthen boundary of Lot 14 DP 751461, Parish of Lagune, County of Clare. |
The access licences which replace Water Act 1912 entitlements listed in Column 1 of the table below and which have share components that specify the water sources listed in Column 2 of the table below, will have the access rule specified in Column 3 imposed as mandatory conditions to give effect to clause 47 (9).
Column 1 | Column 2 | Column 3 |
Water Act 1912 entitlements that will be replaced by access licences on commencement of this Plan | Water Source | Access rules |
30SL011600 | Gara River | Water must not be taken when the level of the water in the Gara Dam storage is lower than 1 m below the crest of the dam. |
30SL065486 | Gara River | Water must not be taken when the level of the water in the Gara Dam storage is lower than 1 m below the crest of the dam. |
30SL066766 | Gara River | Water must not be taken when the level of the water in the Gara Dam storage is lower than 1 m below the crest of the dam. |
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 |
30SL065675 |
30SL065675 |
30SL010921 |
30SL042192 |
30SL048918 |
30SL065629 |
30SL065668 |
30SL065709 |
30SL065755 |
30SL065851 |
30SL066219 |
30SL066265 |
30SL066379 |
30SL066416 |
30SL066443 |
30SL066457 |
30SL066468 |
30SL066469 |
30SL066631 |
30SL066677 |
30SL066765 |
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 |
At the commencement of this Plan there are no access licences listed in clause 2 of this Schedule. Clause 82 (3) allows for this Plan to be amended to add access licences to this Schedule subject to the requirements in that clause.
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 |
30SL045829 |
Contamination sources in these water sources comprise the following:
(a) on-site sewage disposal systems or septic tanks,
(b) any sites which have been declared to be significantly contaminated land under the Contaminated Land Management Act 1997,
(c) any sites that are or have been the subject of an activity listed in Table 1 of the contaminated land planning guidelines published under the Environmental Planning and Assessment Act 1979 from time to time.
Copies of the Plan Map may be inspected at the following offices:
• DPI Water
10 Valentine Ave
PARRAMATTA NSW 2150
• DPI Water
41 Belgrave St
KEMPSEY NSW 2440
• DPI Water
120 Jessie St
ARMIDALE NSW 2350
Any notifications that may be required to be made to the Minister, as specified in this Plan can be made to the following office:
• DPI Water
49 Victoria St
GRAFTON NSW 2460
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