Water Sharing Plan for the Macquarie and Cudgegong Regulated Rivers Water Source 2016 (NSW)
The Parliamentary Counsel’s Office is progressively updating certain formatting styles in versions of NSW in force legislation published from 29 July 2019. For example, colons are being replaced by em-rules (em-dashes). Text of the legislation is not affected.
This version has been updated.
In accordance with section 48 of the Water Management Act 2000, the Minister must take all reasonable steps to give effect to the provisions of this Plan when exercising functions under the Act.
In accordance with section 49 of the Water Management Act 2000, public authorities must also have regard to the provisions of this Plan to the extent they apply to the public authority.
The Minister may amend this Plan at any time under section 45 of the Water Management Act 2000, including if satisfied it is in the public interest to do so, or in such circumstances, in relation to such matters and to such extent as Part 12 of this Plan provides.
This Plan is the Water
Sharing Plan for the Macquarie and Cudgegong Regulated Rivers Water Source
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 for the purposes of another section of the Act, the section is referred to in the notes to this Plan.
This Plan commences on 1 July 2016.
In accordance with section 43 of the Act, this Plan has effect for 10 years from 1 July 2016. 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.
Under the Intergovernmental Agreement on Implementing Water Reform in the Murray-Darling Basin and the associated National Partnership Agreement, NSW has agreed to develop water resource plans for Murray-Darling Basin water resources consistent with the requirements of the Basin Plan. This Plan was amended in 2022, partly to meet NSW’s commitments under these agreements. Certain provisions of this Plan form part of the water resource plan for the Macquarie-Castlereagh surface water resource plan area.
Despite subclause (1)—
(a) Division 2 of Part 10 of this Plan commences on 1 July 2023, and
(b) Division 5 of Part 8 of this Plan commences on 1 December 2023.
Subclause (2) means that the rules to protect Active Environmental Water from floodplain harvesting will not commence until 1 December 2023.
This Plan applies to the Macquarie and Cudgegong Regulated Rivers Water Source within the Central West Water Management Area (the water source).
The Central West 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.
The water in the water source consists of the water between the banks of all rivers and parts of rivers that have been declared by the Minister to be regulated rivers, from Windamere Dam water storage downstream to the junction of the Macquarie River and the Barwon River.
The Central West Water Management Area Regulated River Order was made by the Minister and published in the New South Wales Government Gazette No 110 on 1 July 2004 at page 5486 and amended by Part 5 of Schedule 12 of the Act,
Section 57A(4) of the Act provides that any water taken under a floodplain harvesting (regulated river) access licence from a floodplain for a regulated river identified in clause 4(2) of this Plan is to be treated as having been taken from the regulated river water source for the purposes of this Plan.
The water source is divided into the following management zones shown on the map in Schedule 1—
(a) Gum Cowal management zone,
(b) Lower Bogan Backwater management zone,
(c) Lower Macquarie River Downstream management zone,
(d) Lower Macquarie River Upstream management zone,
(e) Marra Creek management zone,
(f) Marthaguy Creek management zone,
(g) Lower Ewenmar Creek management zone,
(h) Upper Ewenmar Creek management zone.
The management zones established in this clause are relevant to the management of floodplain harvesting (regulated river) access licences.
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.
Words and expressions that are defined in the Dictionary at the end of this Plan have the meaning set out in that Dictionary.
Unless otherwise specified, 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.
A number in brackets following the name of a gauge is the gauge number.
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.
A reference in this Plan to the calculation of values which do not have the same unit is a reference to the calculation of values in ML, ML/year or unit shares (as the case requires), without regard to the unit.
For example, the sum of 40 unit shares plus 40 ML per year is taken to be 80.
This Part is made in accordance with section 35 (1) of the Act.
This Part describes broad objectives, which are the long-term outcomes sought by this Plan and are not directly measured but evaluated by considering the cumulative achievement of the associated targeted objectives. Targeted objectives described in this Part are specific outcomes that can be achieved by the strategies in this Plan and can be directly measured so that success or failure to achieve the objective can be quantified.
Respect is paid to the traditional owners of this country, who are acknowledged as the first natural resource managers within the Central West Water Management Area.
The vision for this Plan is to provide for the following—
(a) the health and enhancement of the water source and its water-dependent ecosystems,
(b) the continuing productive extraction of surface water for economic benefit,
(c) the spiritual, social, customary and economic benefits of surface water to Aboriginal communities,
(d) social and cultural benefits to urban and rural communities that depend on surface water.
The environmental water objectives, strategies and provisions in this Plan make a contribution towards achieving the Aboriginal cultural objectives of this Plan.
The broad environmental objective of this Plan is to protect and contribute to the enhancement of the ecological condition of the water source and its water-dependent ecosystems over the term of this Plan.
The targeted environmental objectives of this Plan are as follows—
(a) to protect and contribute to the enhancement of the following over the term of this Plan—
(i) the recorded distribution or extent, and the population structure, of target ecological populations,
Notes— Target ecological populations is defined in the Dictionary.Target ecological populations in the water source include known or predicted populations of the following—
(a) native fish including golden perch, eel-tailed catfish, Murray cod, purple-spotted gudgeon, and olive perchlet,
(b) native vegetation including river red gum woodland and black box-coolibah woodland,
(c) high diversity hotspots and significant habitat for native fish, frogs, waterbirds and native vegetation.
Ramsar wetlands and the associated ecological communities such as waterbirds and lignum shrubland are primarily managed by the NSW Environmental Water Manager.
(ii) the longitudinal and lateral connectivity within and between water sources to support target ecological processes,
Notes— Longitudinal connectivity means flows along the length of the river and between hydrologically connected rivers. Lateral connectivity means flows between the river and its anabranches, riparian zones, wetlands and floodplains.
Target ecological processes in the water source include the following—
(a) carbon and nutrient transport pathways, which are the connected networks of streams, riparian zones, floodplains and wetlands that transport dissolved and suspended organic material and nutrients throughout the water source,
(b) fish movement across significant barriers.
Connectivity may be within the water source, between the water source and other water sources.
(iii) water quality within target ranges for the water source to support water-dependent ecosystems and ecosystem functions,
Note— Water quality targets for the water source are defined in the Water Quality Management Plan for the Macquarie-Castlereagh Water Resource Plan Area (SW11).
(b) to support environmental watering in the water source to contribute to maintaining or enhancing ecological condition in streams, riparian zones, dependent wetlands and floodplains.
The strategies for achieving the targeted environmental objectives of this Plan are as follows—
(a) maintain compliance with the long-term average annual extraction limit and the long-term average sustainable diversion limit,
Note— Divisions 1 to 4 of Part 6 of this Plan sets out the provisions for maintaining compliance with the long-term average annual extraction limit and the long-term average sustainable diversion limit.
(b) reserve a share of water to partially mitigate alterations to natural flow regimes in the water source,
Notes— Flow regimes andnatural flow are defined in the Dictionary.The provisions in Divisions 1, 2 and 3 of Part 10 partially mitigate the alterations to low and medium flows in the natural flow regimes of the water source.
(c) reserve a share of water to maintain longitudinal and lateral connectivity within and between the water sources,
Note— The provisions in Division 3 of Part 8 and Divisions 1, 2 and 3 of Part 10 contribute to maintaining the hydrological connectivity between the water source and connected wetlands.
(d) reserve a share of water to support environmental watering events in streams, riparian zones, floodplains and wetlands connected to the water source.
Note— The provisions in Divisions 1, 2 and 3 of Part 10 ensure that environmental water allowances are maintained.
The performance indicator used to measure the success of the strategies for achieving the broad environmental objective in subclause (1) is an evaluation of the extent to which the combined outcomes of the targeted objectives in subclause (2) have contributed to the achieving the broad objective.
The performance indicators used to measure the success of the strategies for achieving the targeted environmental objectives in subclause (2) are the changes or trends in ecological condition during the term of this Plan, as assessed using one or more of the following—
(a) the recorded range, extent or condition of target ecological populations,
(b) measurements of carbon and nutrient transport pathways and fish movements through priority fish passage areas,
(c) the recorded values of water quality measurements including salinity, turbidity, total nitrogen, total phosphorous, pH, water temperature and dissolved oxygen,
(d) the magnitude, frequency, timing and water quality of environmental water events.
In evaluating the effectiveness of the strategies in meeting the objectives in this clause, the following will be relevant—
(a) the extent to which the strategies in subclause (3) and provisions in this Plan have been implemented and complied with,
(b) the extent to which changes in the performance indicators can be attributed to the strategies and provisions in this Plan,
(c) the extent to which the strategies in subclause (3) support achievement of the environmental objectives,
(d) the extent to which external influences on the water source during the term of this Plan have affected progress toward achieving the environmental objectives.
The broad economic objective of this Plan is to maintain, and where possible improve, access to water to optimise economic benefits for agriculture, surface water-dependent industries and local economies.
The targeted economic objectives of this Plan are as follows—
(a) to provide water trading opportunities for surface water-dependent businesses,
Note— Trading is a generic term referring to dealings under Division 4 of Part 2 of Chapter 3 of the Act.
(b) to maintain, and where possible improve access to water for agriculture, surface water- dependent businesses and landholders, up to the long-term average annual extraction limit and the long-term average sustainable diversion limit,
(c) to contribute to maintaining water quality within target ranges for agriculture, surface water-dependent businesses and landholders.
The strategies for achieving the targeted economic objectives of this Plan are as follows—
(a) provide for trade of water allocations and access licence share components subject to environmental and system constraints,
Note— The provisions in Part 9 permit a variety of dealings within environmental and system constraints, including assignment of rights under access licences and assignment of water allocations between access licences.
(b) provide a stable and predictable framework for sharing water among water users,
Note— The available water determination provisions in Part 6 and priority of delivery rules in Division 5 of Part 10 provide certainty in how water is to be shared between different categories of access licences.
(c) provide for flexibility of access to water,
Note— The water allocation account management rules in Part 8 provide flexibility that reflects the characteristics of the licence category.
(d) manage extractions to the long-term average annual extraction limit and the long-term average sustainable diversion limit, while recognising variability in climatic conditions in different years, including during drought,
Note— The application of the long-term average annual extraction limit and the long-term average sustainable diversion limit and the assessment and compliance provisions in Part 6 manage extractions to different climatic conditions in different years.
(e) provide access for supplementary water access licences to a portion of uncontrolled flows, subject to announcements,
Notes— The provisions in Division 3 of Part 8 describe the access conditions during supplementary water events.
Uncontrolled flows is defined in the Dictionary.(f) reserve a share of water to partially mitigate deterioration in water quality due to alterations to natural flow regimes.
The performance indicator used to measure the success of the strategies for achieving the broad economic objective in subclause (1) is an evaluation of the extent to which the combined outcomes of the targeted economic objectives in subclause (2) have contributed to achieving the broad objective.
The performance indicators used to measure the success of the strategies for achieving the targeted economic objectives in subclause (2) are the changes or trends in economic benefits during the term of this Plan, as assessed using one or more of the following—
(a) the economic benefits of water extraction and use, including the movement of water to higher value uses,
(b) the economic benefits of water trading, as demonstrated by—
(i) the annual number or volume of share components of access licences transferred or assigned, and
(ii) the weighted average unit price of share components of access licences transferred or assigned, and
Note— Weighted average unit price is defined in the Dictionary.(iii) the annual volume of water allocations assigned, and
(iv) the weighted average unit price of water allocations assigned,
(c) the recorded values of water quality measurements including salinity, sodium adsorption ratio, harmful algal blooms, total nitrogen, total\ phosphorus, pH, water temperature and dissolved oxygen.
In evaluating the effectiveness of the strategies in meeting the objectives in this clause, the following will be relevant—
(a) the extent to which the strategies in subclause (3) and provisions in this Plan have been implemented and complied with
(b) the extent to which the changes in the economic benefits of water extraction and use can be attributed to the strategies in subclause (3) and provisions in this Plan,
(c) the water made available during the term of this Plan through available water determinations and the granting of new licences,
(d) the extent to which changes in the economic benefits of water extraction and use can be attributed to the strategies in subclause (3) and provisions in this Plan,
(e) the extent to which external influences on surface water-dependent businesses during the term of this Plan have affected progress towards achieving the economic objectives.
The broad Aboriginal cultural objective of this Plan is to maintain, and where possible improve, the spiritual, social, customary and economic values and uses of water by Aboriginal people.
The targeted Aboriginal cultural objectives of this Plan are as follows—
(a) to provide access to water in the exercise of native title rights,
(b) to provide access to water for Aboriginal cultural use, including fishing,
(c) to protect, and where possible improve, identified surface water-dependent culturally significant areas, including important riparian vegetation communities,
(d) to contribute to the maintenance of water quality within target ranges to ensure suitability of water for Aboriginal cultural use.
The strategies for achieving the targeted Aboriginal cultural objectives of this Plan are as follows—
(a) manage access to water consistent with the exercise of native title rights,
(b) provide for water associated with Aboriginal cultural values and uses,
Note— The provisions in Part 7 provide opportunities for Aboriginal people to access water by allowing for the granting of an access licence of the subcategory “Aboriginal cultural”.
(c) reserve a share of water to partially mitigate alterations to natural flow regimes in the water source,
(d) reserve a share of water to maintain longitudinal and lateral connectivity within and between water sources.
The performance indicators used to measure the success of the strategies for achieving the broad Aboriginal cultural objective in subclause (1) is an evaluation of the extent to which the combined outcomes of the targeted Aboriginal cultural objectives in subclause (2) have contributed to achieving the broad objective.
The performance indicators used to measure the success of the strategies for achieving the targeted Aboriginal cultural objectives in subclause (2) are the changes or trends in Aboriginal cultural benefits during the term of this Plan as assessed using one or more of the following—
(a) the use of water by Aboriginal people by measuring factors including—
(i) the extent to which native title rights are able to be exercised, consistently with any determination of native title or indigenous land use agreement, and
(ii) the extent to which access to water has contributed to achieving Aboriginal cultural outcomes,
(b) the recorded range or extent of target populations of native fish,
(c) the recorded range or condition of target populations of riparian vegetation,
(d) the recorded values of water quality measurements including salinity, harmful algal blooms, total nitrogen, total phosphorus, pH, water temperature and dissolved oxygen.
In evaluating the effectiveness of the strategies in meeting the objectives in this clause, the following will be relevant—
(a) the extent to which the strategies in subclause (3) and provisions in this Plan have been implemented and complied with,
(b) the extent to which changes in the performance indicators can be attributed to the strategies in subclause (3) and provisions in this Plan,
(c) the extent to which the strategies in subclause (3) support achievement of the Aboriginal cultural objectives,
(d) the water made available for Aboriginal cultural values and uses during the term of this Plan through available water determinations and the granting of new access licences,
(e) the extent to which external influences on surface water-dependent Aboriginal cultural activities during the term of this Plan have affected progress toward achieving the Aboriginal cultural objectives.
The broad social and cultural objective of this Plan is to provide access to surface water to support surface water-dependent social and cultural values.
The targeted social and cultural objectives of this Plan are to maintain, and where possible improve, the following—
(a) access to water for basic landholder rights, town water supply and licensed domestic and stock purposes,
(b) access to water for surface water-dependent cultural, heritage and recreational uses, including recreational fishing,
(c) water quality within target ranges for basic landholder rights, town water supply, licensed domestic and stock purposes and surface water-dependent cultural, heritage and recreational uses, including recreational fishing.
The strategies for achieving the targeted social and cultural objectives of this Plan are as follows—
(a) provide water access for basic landholder rights, town water supply, and for licensed domestic and stock purposes,
Notes— The provisions for the maintenance of water supply and replenishment flows in Division 5 of Part 10 ensure that water is available for basic landholder rights, town water supply and licensed domestic and stock purposes.
Replenishment flows is defined in the Dictionary.(b) reserve a share of water to partially mitigate alterations to natural flow regimes in the water source,
(c) reserve a share of water to maintain longitudinal and lateral connectivity within and between water sources.
Note— The provisions in Division 3 of Part 8 and Division 3 of Part 10 contribute to maintaining the hydrological connectivity between this water source and connected wetlands by protecting a portion of medium and high natural flows.
The performance indicator used to measure the success of the strategies for achieving the broad social and cultural objective in subclause (1) is an evaluation of the extent to which the combined outcomes of the targeted social and cultural objectives in subclause (2) have contributed to achieving the broad objective.
The performance indicators used to measure success in achieving the targeted social and cultural objectives in subclause (2) are the changes or trends in social and cultural benefits during the term of this Plan, as assessed using one or more of the following—
(a) the social and cultural uses of water during the term of this Plan by measuring factors including—
(i) the extent to which basic landholder rights and licensed domestic and stock requirements have been met, and
(ii) the extent to which major utility access licence and local water utility access licence requirements have been met,
(b) the recorded range or extent of target populations of native fish that are important for recreational fishing,
(c) the recorded takes of native fish that are important for recreational fishing within legal age and size classes,
(d) the recorded values of water quality measurements including salinity, harmful algal blooms, total nitrogen, total phosphorus, pH, water temperature and dissolved oxygen.
In evaluating the effectiveness of the strategies in meeting the objectives in this clause, the following will be relevant—
(a) the extent to which the strategies in subclause (3) and provisions in this Plan have been implemented and complied with,
(b) the extent to which the changes in the performance indicators can be attributed to the strategies in subclause (3) and provisions in this Plan,
(c) the extent to which the strategies in subclause (3) support achievement of the social and cultural objectives,
(d) the water made available during the term of this Plan through available water determinations and the granting of new licences
(e) the extent to which external influences on surface water-dependent social and cultural activities during the term of this Plan have affected progress towards achieving the social and cultural objectives.
This Plan establishes a bulk access regime for the extraction of water under access licences, having regard to the following—
(a) the planned environmental water provisions established under Part 4,
(b) the requirements for water to satisfy basic landholder rights identified under Part 5,
(c) the requirements for water for extraction under access licences identified under Part 5,
(d) the access licence dealing rules established under Part 9.
The bulk access regime—
(a) establishes rules according to which—
(i) access licences are granted as provided for in Part 7,
(ii) available water determinations are to be made as provided for in Part 6,
(iii) access licences are managed as provided for in Part 8, and
(b) 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 long-term average annual extraction above the the long-term average annual extraction limit or the long-term average sustainable diversion limit in Part 6, and
(c) recognises, and is consistent with, the following—
(i) the limits to the availability of water as provided for in Part 6,
(ii) the water management principles set out in section 5 of the Act,
(iii) the effect of climatic variability on the availability of water as described in clause 14, and
(d) contains provisions with respect to the mandatory conditions imposed on access licences in Part 11.
This Plan recognises the effects of climatic variability on river flow in the water source through provisions contained in Part 6 that—
(a) manage the sharing of water within the limits of water availability on a long-term basis, and
(b) establish 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 extraction against the long-term average annual extraction limit or the long-term average sustainable diversion limit, and
(c) manage the sharing of water between categories of access licences on an annual basis through available water determinations.
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.
This Part is made in accordance with sections 8 of the Act.
This Part contains environmental water provisions to commit, identify, establish and maintain planned environmental water.
In accordance with the Act, planned environmental water is water that is committed by management plans for fundamental ecosystem health or other specified environmental purposes, either generally or at specified times or in specified circumstances and that cannot, to the extent committed, be taken or used for any other purpose.
Water is committed and identified as planned environmental water by reference to the following—
(a) the physical presence of water in the water source,
(b) the long-term average annual commitment of water as planned environmental water.
Planned environmental water is established in the water source as follows—
(a) the physical presence of water, resulting from the following—
(i) the Translucent releases from Windamere Dam provisions specified in Division 1 of Part 10,
Note— The provisions in Division 1 of Part 10 establish release rules from Windamere Dam which provide environmental flows in the Cudgegong River downstream to Burrendong Dam.
(ii) the Cudgegong environmental water allowance provisions specified in Division 2 of Part 10,
Note— The provisions in Division 2 of Part 10 establish an environmental water allowance in Windamere Dam which may be used to make releases for environmental purposes in the Cudgegong River downstream to Burrendong Dam.
(iii) the Macquarie environmental water allowance provisions specified in Division 3 of Part 10,
Note— The provisions in Division 3 of Part 10 establish an environmental water allowance in Burrendong Dam which may be used to make releases for environmental purposes in the Macquarie River downstream to the Macquarie Marshes.
(b) the long-term average annual commitment of water as planned environmental water, resulting from compliance with the long-term average annual extraction limit and the long-term average sustainable diversion limit in Part 6.
The planned environmental water established under subclause (1) (a) is maintained by the provisions in Divisions 1, 2 and 3 of Part 10.
The planned environmental water established under subclause (1) (b) is maintained by the provisions specified in Divisions 1 to 4 of Part 6.
The provisions in Divisions 1 to 4 of Part 6 ensure that there will be water remaining in the water source over the long term by maintaining compliance with the long-term average annual extraction limit and the long-term average sustainable diversion limit. These provisions also provide for reduced available water determinations when either of the limits has been assessed to have been exceeded.
This Part identifies the requirements for water for basic landholder rights and for extraction under access licences in the water source.
The volumes of water specified in this Part represent the estimated requirements for water to satisfy basic landholder rights and the total volumes or unit shares specified in the share components of all access licences on commencement of this Plan, excluding floodplain harvesting (regulated river) access licences which are estimated in clause 25 as at 1 July 2022.
This Plan recognises that requirements for water for basic landholder rights and the total share components of all access licences may change during the term of this Plan.
The total share components of access licences in the water source may change during the term of this Plan as a result of—
(a) the grant, surrender or cancellation of access licences in the water source, or
(b) the variation of local water utility access licences under section 66 of the Act.
Basic landholder rights requirements may increase as provided for under the Act. This Plan manages changes in basic landholder rights and total share components of all access licences through provisions in Part 6 that manage the sharing of water within the limits of water availability.
Inherent water quality and land use activities may make the water in some areas unsuitable for human consumption. Water should not be consumed or otherwise used, without first being tested and, if necessary, appropriately treated to ensure it is fit for purpose. Testing and treatment is the responsibility of the water user.
Under the Act, basic landholder rights are defined as domestic and stock rights, native title rights and harvestable rights. There are no harvestable rights in the water source.
It is estimated that at the time of commencement of this Plan the water requirements of persons entitled to domestic and stock rights total 1,200 megalitres per year (
Domestic and stock rights are set out in section 52 of the Act and must be exercised in accordance with any mandatory guidelines established under the Act for the taking and use of water for domestic consumption or stock watering.
Under section 331 of the Act, the Minister may direct the holder of a domestic and stock right to take specified measures to protect the environment, to preserve basic landholder rights or to overcome a threat to public health.
The volumes set out in this clause are separate from any volumes of water that may be taken under an access licence for domestic and stock purposes.
The requirement for water to satisfy native title rights is the water that may be taken in the exercise of native title rights in accordance with the Native Title Act 1993 of the Commonwealth, including—
(a) any determination of native title, and
(b) any relevant indigenous land use agreement.
No determinations of native title in relation to the water source have been made in accordance with the Native Title Act 1993 of the Commonwealth.
This Plan may be amended if there is a native title determination in accordance with the Native Title Act 1993 of the Commonwealth by which water is required.
Native title rights may be exercised in accordance with the Native Title Act 1993 of the Commonwealth, including section 211 of that Act.
The share components in this Division include access licences with adaptive environmental water conditions as defined in section 8 of the Act, and other access licences intended to be used for environmental purposes. The Environmental Water Register maintained by the Department provides a record of these licences.
On the commencement of this Plan, there are two access licences with share components totalling 1,136.9 unit shares that are identified as being licensed environmental water as defined in section 8 of the Act.
On the commencement of this Plan, there are 20 access licences with share components totalling 182,755.5 unit shares that are not identified as licensed environmental water as defined in section 8 of the Act, but are intended to be used for environmental purposes. These are held by the Commonwealth and NSW Governments. These access licences are regulated river (general security) access licences and supplementary water access licences.
This Division sets out the total volumes or unit shares in the share components of access licences in the water source. The actual volume of water available from year to year will depend on climate, access licence priority and the provisions in this Plan.
It is estimated that at the time of commencement of this Plan, the share components of domestic and stock access licences total 5,963 ML/year.
It is estimated that at the time of commencement of this Plan, the share components of local water utility access licences total 18,805 ML/year.
It is estimated that at the time of commencement of this Plan, the share components of regulated river (high security) access licences total 17,913 unit shares.
It is estimated that at the time of commencement of this Plan, the share components of regulated river (general security) access licences total 632,466 unit shares.
It is estimated that on 1 July 2022 the share components of floodplain harvesting (regulated river) access licences total 0 unit shares.
It is estimated that at the time of commencement of this Plan, the share components of supplementary water access licences total 49,998 unit shares.
This Part sets out the rules for managing the availability of water for extraction in accordance with the following extraction limits—
(a) a long-term average annual extraction limit,
(b) a long-term average sustainable diversion limit.
This clause applies to the calculation of the following—
(a) the long-term average annual extraction limit under clause 28,
(b) the long-term average annual extraction under clause 29,
(c) the annual permitted take under clause 32,
(d) the annual actual take under clause 32.
Any calculation to which this clause applies must include allocations assigned to an access licence in the water source from an access licence in another water source under section 71T or 71V of the Act.
The calculation of the long-term average annual extraction limit under clause 28 must be adjusted by a volume that appropriately reflects the share components of water access licences in the water source that are subject to a dealing under section 71U of the Act.
For the avoidance of doubt, the following are not extraction for the purposes of calculations to which this clause applies—
(a) allocations assigned from an access licence in the water source to an access licence in another water source under section 71T or 71V of the Act,
(b) environmental water delivered under Divisions 1 and 2 of Part 10 of this Plan,
(c) delivery of replenishment flows made in accordance with clause 84 of this Plan.
The calculation of long-term average annual extraction under clause 29 must not include water taken under clause 55.
Following the end of each water year, the Minister must calculate the long-term average annual extraction limit for the water source in accordance with this clause and clause 27.
The long-term average annual extraction limit is the lesser of the following—
(a) long-term average annual extraction calculated based on the following—
(i) the water storages and water use development that existed in the 1999/2000 water year, excluding that which is the subject of subclause (vii),
(ii) the basic landholder rights and access licence share components that existed on 1 July 2004,
(iii) the level of development for plantation forestry that existed on 1 July 2009,
(iv) the maximum crop area and the crop planting behaviour representative of baseline conditions used for assessment of Cap under Schedule E of the Murray-Darling Basin Agreement,
(v) the rules in the Water Sharing Plan for the Macquarie and Cudgegong Regulated Rivers Water Source 2003 as at 1 July 2004, other than the environmental water provisions in Part 3 of that Plan,
(vi) the environmental water provisions specified in clause 15 (2), 15 (3), 15 (6), 15 (7), 15 (8), 15 (12), 15 (16) and 15 (22) of the Water Sharing Plan for the Macquarie and Cudgegong Regulated River Water Source 2003, as at 1 July 2004,
(vii) the level of development for floodplain harvesting that existed in the 1999/2000 water year in connection with extractions from a regulated river in the water source, excluding the collection of rainfall run-off from an irrigated field by a tailwater drain, except where another work on the land, other than a tailwater drain, takes overland flow water, as assessed by the Minister,
(b) long-term average annual extraction calculated under Cap baseline conditions as agreed under the Murray-Darling Basin Agreement that was in place at the commencement of the Water Sharing Plan for the Macquarie and Cudgegong Regulated Rivers Water Source 2003.
Note— Murray-Darling Basin Agreement is defined in the Dictionary.
For the purposes of subclause (2) the long-term average annual extraction limit is to be calculated over the duration of available climate records using the plan limit hydrological computer model approved by the Minister.
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.
The long-term average annual extraction limit recognises the effect of climatic variability on the availability of water, in accordance with section 20 (2) (c) of the Act as historic climate and river flow information is used in its determination.
The Minister, using a current conditions hydrological computer model approved by the Minister, is to calculate the long-term average annual extraction following the end of each water year, calculated over the duration of available climate records and based on the following—
(a) the water storages and water use development that existed in that water year,
(b) the basic landholder rights and access licence share components that existed in that water year,
(c) the rules in this Plan or in the water sharing plan that this Plan replaces, that applied in that water year,
(d) the level of development for plantation forestry in that water year.
It is intended that the Department’s current conditions hydrological computer model will be extended each water year and used to calculate long-term average annual extraction under this clause.
Following the calculations under clauses 28 and 29, the Minister is to compare long-term average annual extraction against the long-term average annual extractionlimit.
There is non-compliance with the long-term average annual extraction limit if the long-term average annual extraction exceeds—
(a) the long-term average annual extraction limit by the following—
(i) 3% or more,
(ii) more than half the difference between the long-term average annual extraction calculated under clause 28 (2) (a) and (b),
(b) the long-term average annual extraction calculated under clause 28 (2) (b).
Subject to any variation under subclause (2), the long-term average sustainable diversion limit for the water source is—
(a) the component of the baseline diversion limit for the Macquarie-Castlereagh surface water SDL resource unit as determined under Schedule 3 of the Basin Plan that, in the Minister’s opinion, is attributable to the water source, minus
(b) 55,000 ML/year, minus
(c) the Macquarie-Castlereagh surface water SDL resource unit shared reduction amount as determined under section 6.05 of the Basin Plan, plus
(d) the SDL adjustment amount as determined under section 6.05A of the Basin Plan.
The long-term average sustainable diversion limit is to be varied as determined under Chapter 7 of the Basin Plan.
The long-term average sustainable diversion limit for the Macquarie-Castlereagh surface water SDL Resource Unit as specified in Schedule 2 of the Basin Plan covers extraction from the water source, the Castlereagh Unregulated River Water Sources and the Macquarie Bogan Unregulated Rivers Water Sources.
The subtraction of 55,000 ML/year, the SDL resource unit shared reduction amount and the SDL adjustment amount are prescribed in Schedule 2 of the Basin Plan.
Following the end of each water year, the Minister is to calculate the annual permitted take and annual actual take of water for the previous water year in accordance with Division 2 of Part 4 of Chapter 6 of the Basin Plan.
For the purposes of the calculation, references to the SDL resource unit in Division 2 of Part 4 of Chapter 6 of the Basin Plan are taken to be references to the water source.
Take of licensed environmental water and take under licences held by the Commonwealth Environmental Water Holder are not included in the calculation as they fall outside the definition of take for consumptive use.
Following the calculation under clause 32 the Minister is to undertake an assessment of compliance with the long-term average sustainable diversion limit, in accordance with the requirements of Division 2 of Part 4 of Chapter 6 of the Basin Plan.
There is non-compliance with the long-term average sustainable diversion limit in the circumstances set out in Division 2 of Part 4 of Chapter 6 of the Basin Plan.
Subject to subclauses (2) to (8), if an assessment under clauses 30 or 33 demonstrates non-compliance with either the long-term average annual extraction limit or the long-term average sustainable diversion limit, the Minister must take one or more of the following actions—
(a) make future available water determinations for supplementary water access licences under clause 41 of less than 1 ML per unit share,
(b) reduce the limit to the sum of available water determinations that may be made for regulated river (general security) access licences as specified in clause 35 (2) (b),
(c) make future available water determinations for floodplain harvesting (regulated river) access licences under clause 40 of less than 1 ML per unit share.
Action under this clause will have effect from the water year following the assessment, which will be two water years after the non-compliance occurred.
The Minister may also take one or more of the actions specified in subclause (1) as a result of any action taken under clause 6.12 (5) of the Basin Plan.
Any action under subclauses (1) and (2) must only be taken to the extent to which, and only for as long as, the Minister considers the following is necessary—
(a) in the case of non-compliance with the long-term average annual extraction limit— to return average annual extraction in the water source to the long-term average annual extraction limit,
(b) in the case of non-compliance with the long-term average sustainable diversion limit— to meet the requirements of Division 2 of Part 4 of Chapter 6 of the Basin Plan,
(c) in the case where non-compliance with the long-term average sustainable diversion limit would have occurred but for there being a reasonable excuse— to meet the requirements of Division 2 of Part 4 of Chapter 6 of the Basin Plan.
The Minister must only take action under subclause (1) (a) if total extractions (excluding extractions under floodplain harvesting (regulated river) access licences) have exceeded the sum of the amounts under clause 28 (2) (a) (i) to (vi).
The Minister must only take action under subclause (1) (b) if the Minister has taken action under subclause (1) (a) and made an available water determination of zero for supplementary water access licences,
In taking action under subclause (1) (a) and (b), the Minister must have regard to the extent that total extractions (excluding extractions under floodplain harvesting (regulated river) access licences) have exceeded the sum of the amounts under clause 28 (2) (a) (i) to (vi).
The Minister must only take action under subclause (1) (c)—
(a) if total extractions under floodplain harvesting (regulated river) access licences exceed the amount under clause 28 (2) (a) (vii), and
(b) having regard to the extent that total extractions under floodplain harvesting (regulated river) access licences have exceeded the amount under clause 28 (2) (a) (vii).
Subclauses (1) (c), (4), (6) and (7) only apply if floodplain harvesting (regulated river) access licences have been issued in the water source.
Before taking any action under this clause, the Minister may consult with water user representatives, the NSW Environmental Water Manager and the operator regarding the following—
(a) the data used for the calculations under Divisions 2 and 3,
(b) the proposed actions under this Division.
Available water determinations for access licences are to be expressed as one of the following—
(a) for an access licence specifying the share component in ML/year—a percentage of the share component,
(b) for an access licence specifying the share component as a number of unit shares— ML per unit share.
The sum of available water determinations made for any access licence must not exceed the following in any water year, except where subclause (3) applies—
(a) for an access licence specifying the share component in ML/year— 100% of the access licence share component,
(b) for any access licence specifying the share component as a number of unit shares— 1 ML per unit share of the share component or any lower limit determined under clause 34.
The limits specified in subclause (2) do not apply to available water determinations made in the following circumstances—
(a) to regulated river (high security) access licences in accordance with clause 38 (3),
(b) to regulated river (general security) access licences in accordance with clause 39 (4).
Unless the Minister otherwise determines, at the commencement of each water year an available water determination of 100% of the access licence share component is to be made for domestic and stock access licences.
Unless the Minister otherwise determines, at the commencement of each water year an available water determination of 100% of the access licence share component is to be made for local water utility access licences.
Unless the Minister otherwise determines and subject to subclause (2), at the commencement of each water year an available water determination is to be made for regulated river (high security) access licences of 1 ML per unit share.
The Minister must not make an available water determination under this clause unless sufficient water is available for all of the following—
(a) to meet the provisions in Divisions 2 and 3 of Part 10,
(b) to meet the requirements for basic landholder rights,
(c) to make available water determinations totalling 100% of access licence share components for both domestic and stock access licences and local water utility access licences,
(d) to provide for existing water allocations in regulated river (general security) access licence water allocation accounts,
(e) to account for water losses associated with holding and delivering the water—
(i) as a result of the available water determinations made in accordance with subclause (1),
(ii) referred to in paragraphs (a) to (d) above.
The Minister is to make an available water determination for regulated river (high security) access licences of 1 ML per unit share after taking any action to withdraw water allocations under clause 52.
If the available water determination is less than 1 ML per unit share, the Minister may conduct further assessments of available water resources and may make further available water determinations subject to clause 35.
Clause 52 allows the Minister to withdraw all water allocations remaining in all AWD sub-accounts. If this occurs, the Minister is to make further available water determinations to re-credit regulated river (high security) access licence and regulated river (general security) access licence accounts. Once this has occurred, this process of withdrawal and re-crediting will occur again for the remainder of the water year, each time the water level in Burrendong Dam water storage re-enters the FMZ.
At the commencement of each water year, and at least monthly, the Minister is to assess if water is available for the making of an available water determination for regulated river (general security) access licences.
For the purposes of the assessment, water is not available unless sufficient water is available for all of the following—
(a) to meet the provisions in Divisions 2 and 3 of Part 10,
(b) to meet the requirements for basic landholder rights,
(c) to make available water determinations totalling 100% of access licence share components for both domestic and stock access licences and local water utility access licences,
(d) to make available water determinations totalling 1 ML per unit share for regulated river (high security) access licences,
(e) to provide for existing water allocations in regulated river (general security) access licence water allocation accounts,
(f) to account for water losses associated with holding and delivering the water—
(i) as a result of the available water determination made in accordance with subclause (3),
(ii) referred to in paragraphs (a) to (e) above.
If the Minister assesses under subclause (1) that water is available, the Minister is to consider making an available water determination for regulated river (general security) access licences.
Unless the Minister otherwise determines, an available water determination for regulated river (general security) access licences that is equal to the limit specified in clause 35 (2) (b) is to be made whenever water is withdrawn under clause 52.
Clause 52 allows the Minister to withdraw all water allocations remaining in all AWD sub-accounts. If this occurs, the Minister is to make further available water determinations to re-credit regulated river (high security) access licence and regulated river (general security) access licence accounts. Once this has occurred, this process of withdrawal and re-crediting will occur again for the remainder of the water year each time the water level in Burrendong Dam water storage re-enters the FMZ.
At the commencement of each water year, the Minister is to make an available water determination for floodplain harvesting (regulated river) access licences of 1 ML per unit share, unless a lower amount is determined under clause 34.
The Minister may also make an available water determination for floodplain harvesting (regulated river) access licences other than at the commencement of a water year pursuant to section 59 of the Act.
At the commencement of each water year an available water determination of 1 ML per unit share is to be made for supplementary water access licences, unless a lower amount is determined under clause 34.
The taking of water under a supplementary water access licence is subject to the provisions in Division 3 of Part 8.
This Part is made in accordance with sections 61 and 63 of theAct. Section 61 of the Act provides for applications for specific purpose access licences in accordance with the regulations and the relevant water sharing plan.
Access licences granted in the water source will be subject to mandatory conditions required to be imposed by this Plan, the regulations and the Act, and may also be subject to discretionary conditions.
The Minister must not grant a specific purpose access licence unless satisfied that the share and extraction components of the access licence are the minimum required for the proposed use.
A person may make an application for a regulated river (high security) (Aboriginal cultural) access licence if the share component of the proposed access licence is no greater than 10 ML/year.
The Minister may only grant a regulated river (high security) (Aboriginal cultural) access licence for the taking of water by an Aboriginal person or Aboriginal community for any personal, domestic or communal purpose, including drinking, food preparation, washing, manufacturing traditional artefacts, watering domestic gardens, cultural teaching, hunting, fishing, gathering, and for recreational, cultural and ceremonial purposes.
A water supply work approval must not be granted if the water supply work is to be—
(a) nominated by a floodplain harvesting (regulated river) access licence, and
(b) located within the Macquarie Management Zone A or Macquarie Management Zone D, as established under clause 5 of the Floodplain Management Plan for the Macquarie Valley Floodplain 2021.
Macquarie Management Zone A includes areas of the Floodplain where a significant discharge of floodwater occurs during floods, with relatively high flood flow velocity and depth.
Macquarie Management Zone D is a special protection zone for areas of ecological or cultural significance, or both.
An overview of Macquarie Management Zone A and Macquarie Management Zone D are shown in Appendix 1.
A water supply work approval must not be amended to add a work to which the approval relates if—
(a) the water supply works currently subject to the approval are nominated by a floodplain harvesting (regulated river) access licence, and
(b) the water supply work proposed to be added is not located on the Macquarie Valley Floodplain, as declared under clause 252 of the Water Management (General) Regulation 2018.
An overview of the Macquarie Valley Floodplain is shown in Appendix 2.
A water supply work approval must not be amended to add a work to which the approval relates if—
(a) the water supply works currently subject to the approval are nominated by a floodplain harvesting (regulated river) access licence, and
(b) the water supply work proposed to be added is located within Macquarie Management Zone A or Macquarie Management Zone D (as established under clause 5 of the Floodplain Management Plan for the Macquarie Valley Floodplain 2021).
A water supply work approval must not be amended if all of the following apply—
(a) the water supply works currently subject to the approval are nominated by a floodplain harvesting (regulated river) access licence, and
(b) amending the water supply work approval would increase the capability of water supply works subject to the approval to take water within Macquarie Management Zone A or Macquarie Management Zone D (as established under clause 5 of the Floodplain Management Plan for the Macquarie Valley Floodplain 2021), and
(c) the increase in capability is not a result of adding a water supply work that is or was previously nominated by that floodplain harvesting (regulated river) access licence.
Subclause (1) does not apply if all of the following apply”
(a) the applicant was determined to be eligible for a replacement floodplain harvesting access licence under Division 1 of Part 2A of the Water Management (General) Regulation 2018,
(b) the work is the subject of an application made prior to 31 December 2022 to grant a water supply work approval.
Subclauses (2), (3) and (4) do not apply if all of the following apply—
(a) the applicant was determined to be eligible for a replacement floodplain harvesting access licence under Division 1 of Part 2A of the Water Management (General) Regulation 2018,
(b) the work was constructed on or before 12 February 2021, but was not the subject of a water supply work approval prior to that date,
(c) if the work is also a flood work, the work is subject to a flood work approval, and
(d) the work is the subject of an application made prior to 30 June 2023 to amend a water supply work approval.
Section 85 of the Act and the regulations provide for the keeping of water allocation accounts for access licences. The provisions in this Part restrict the water that may be taken under, or assigned from, an access licence over a specified period of time, and the unused water allocations in water allocation accounts that may be carried over from one water year to the next. The provisions also allow the Minister to withdraw water allocations from a water allocation account if provided for by this plan. These restrictions are in addition to any other limits on access licences for the taking or assignment of water. It is an offence under section 60C of the Act to take water under an access licence for which there is no or insufficient water allocation.
The provisions in this Part apply to the following persons—
(a) the Minister in managing water allocation accounts,
(b) the access licence holder, as required by mandatory conditions imposed on the access licence under Part 11.
Unless subclause (2) applies, for any access licence other than a floodplain harvesting (regulated river) access licence or supplementary water access licence, the Minister must debit the volume of water extracted by the water supply works nominated by an access licence from the water allocation account for the licence.
If the Minister has given written notice to the holder of an access licence in accordance with a water order debiting protocol established by the Minister, the greater of the following must be debited from the water allocation account for the licence—
(a) the volume of water extracted by the water supply works nominated by the access licence,
(b) the water ordered for extraction under the access licence.
The Minister may take action under subclause (2), for example, if water orders from a particular licence holder exceed the volume of water taken under the licence and this cannot be explained by rainfall or other unavoidable factors – as set out in the Macquarie-Cudgegong Water Order Debiting Protocol developed in consultation between the Department, Water NSW and water user representatives
For a floodplain harvesting (regulated river) access licence, the Minister must debit from the water allocation account for that access licence the volume of water extracted during a notified measurement period by the water supply works nominated by the access licence, except where subclause (4) applies.
For a floodplain harvesting (regulated river) access licence, the Minister must not debit the volume of water extracted in accordance with clause 55 from the water allocation account for that licence.
For a supplementary water access licence, the Minister must, in accordance with any applicable supplementary water announcement, debit from the water allocation account for the licence the volume of water extracted by the water supply works nominated by an access licence.
Water allocations remaining in a water allocation account must not be carried over from one water year to the next water year for the following access licence categories—
(a) domestic and stock access licence,
(b) local water utility access licence,
(c) regulated river (high security) access licence,
(d) supplementary water access licence.
Subject to clause 48, water allocations remaining in the water allocation accounts of regulated river (general security) access licences must be carried over from one water year to the next water year.
Subject to subclause (4), water allocations remaining in the water allocation accounts of floodplain harvesting (regulated river) access licences must be carried over from one water year to the next water year.
The Minister must not allow allocations in a water allocation account for a floodplain harvesting (regulated river) access licence to exceed 5 ML per unit share.
This Division provides for the keeping of water allocation accounts for regulated river (high security) and regulated river (general security) access licences in the form of two sub-accounts, in accordance with clause 17 of the Water Management (General) Regulation 2018.
This Division sets out when water allocations are to be withdrawn by the Minister in the Cudgegong and Macquarie segments of the water source.
This Division applies to the water allocation accounts of regulated river (high security) access licences and regulated river (general security) access licences.
The Minister is to maintain the following sub-accounts within each water allocation account—
(a) an available water determination sub-account (the
AWD sub-account ),(b) a carryover sub-account.
Water allocations arising from an available water determination must be credited to the AWD sub-account.
Water allocations debited under subclauses 44 (1) or (2) must be debited from the carryover sub-account until that sub-account balance reaches zero, and then debited from the AWD sub-account.
Water allocations assigned under section 71T of the Act from a carryover sub-account must be credited to the receiving carryover sub-account.
Water allocations assigned under section 71T of the Act from an AWD sub-account must be credited to the receiving AWD sub-account.
At the end of each water year, water allocations remaining in the AWD sub-account of a regulated river (general security) access licence are to be debited from that account and, subject to the limits specified in clause 48, credited to the carryover sub-account.
The Minister must not allow allocations in a Cudgegong carryover sub-account for an access licence, not including an access licence listed in Schedule 2, to exceed 1 ML per unit share.
The Minister must not allow allocations in a Cudgegong carryover sub-account for an access licence specified in Column 1 of the Table in Schedule 2 to exceed the greater of—
(a) 1 ML per unit share, and
(b) the amount specified in Column 3 for that licence – if there has been no access licence dealing under the Act which, in the opinion of the Minister resulted in water taken under that licence being used on a landholding other than the landholding on which water taken under that licence was being used as at 1 July 2004, or
(c) the amount specified in Column 3 for that licence minus the proportion of the share component affected by any access licence dealing under the Act which in the Minister’s opinion will result in water taken under the licence being used on a landholding other than the landholding on which water was being used as at 1 July 2004.
The Minister must not allow allocations in a Macquarie carryover sub-account to exceed 1 ML per unit share.
At the end of each three-month period, the Minister is to withdraw an amount of water allocation from each carryover sub-account to reflect additional storage losses arising from water carried over under clause 47 (5), as determined by the Minister.
Water which is carried over leads to additional surface area in Windamere Dam and Burrendong Dam, which in turn increases the evaporation losses.
The effect of clauses 50, 51 and 52 is to “reset” the water allocation accounts for regulated river (high security) and regulated river (general security) access licences when water levels in the dams reach a certain height, which is effectively following dam spills or if water levels in Burrendong Dam are in the FMZ. When this occurs, the Minister is to make new available water determinations in accordance with clause 38 (3) and 39 (4).
The Minister must withdraw an amount of water allocation from each Cudgegong carryover sub-account after the end of each month during which both—
(a) water spills from Windamere Dam, and
(b) the water level in Burrendong Dam water storage is in the FMZ for all or part of the month.
The total amount of water allocation to be withdrawn from all Cudgegong carryover sub-accounts under subclause (1) is the lesser of the following—
(a) the sum of all water allocations in Cudgegong carryover sub-accounts at the end of the month, minus any remaining water allocations assigned from a Macquarie carryover sub-account in that water year, minus the amount debited from the Cudgegong EWA carryover sub-account under clause 72 (1),
(b) the total volume of water spilled from Windamere Dam water storage when the water level in Burrendong Dam water storage was in the FMZ for the month, minus the amount debited from the Cudgegong EWA carryover sub-account under clause 72 (1).
In this clause, the amount of water allocation the Minister is to withdraw under subclause (1) from each Cudgegong carryover sub-account is equal to the amount calculated using the formula—
where—
The Minister must withdraw an amount of water allocation from each Macquarie carryover sub-account at the end of each month in which the water level in Burrendong Dam water storage was in the FMZ for all, or part of, the month.
The total amount of water allocations to be withdrawn from all Macquarie carryover sub-accounts under subclause (1) is the lesser of the following—
(a) the sum of all water allocations in Macquarie carryover sub-accounts at the end of the month, plus any remaining water allocations assigned from a Macquarie carryover sub-account to a Cudgegong carryover sub-account in that water year,
(b) the amount calculated using the formula—
where—
The amount of water allocations the Minister is to withdraw under subclause (1) from each Macquarie carryover sub-account is equal to the amount calculated using the formula—
where—
If, as a result of action under subclause 51 (1), the balance of all Macquarie carryover sub-accounts reaches zero, the Minister is to withdraw all water allocations from all Cudgegong and Macquarie AWD sub-accounts.
If the Minister has taken action under subclause (1) and the water level of Burrendong Dam water storage re-enters the FMZ in that water year, the Minister is to withdraw all water allocations from all Cudgegong and Macquarie AWD sub-accounts.
The effect of this clause and the available water determination rules in clauses 38 and 39 is that all AWD sub-accounts will be emptied and re-credited with a volume equivalent to 1 ML per unit share (or a lower amount if required for extraction limit compliance purposes) when all water allocations held in Macquarie carryover sub-accounts has been withdrawn by the Minister under this clause. Once this has occurred in a water year, all AWD sub-accounts will continue to be emptied and re-credited whenever the water level in Burrendong water storage re-enters the FMZ in that water year.
This Division is made under section 70 of the Act.
The holder of a supplementary water access licence may only take water in accordance with supplementary water event announcements made by the Minister that are relevant to that licence.
The Minister may announce a supplementary water event in any segment of the water source downstream of the upper limit to Burrendong Dam water storage if all of the following apply—
(a) there are, in the Minister’s opinion, uncontrolled flows or a release of water from the FMZ (or both) in that segment of the water source that exceed the following—
(i) releases made from the Macquarie EWA specified in Division 3 of Part 10,
(ii) flows required for domestic and stock rights, native title rights and water orders for access licences downstream of Burrendong Dam water storage,
(iii) replenishment flows as specified in clause 84,
(b) flows in the Macquarie River will, in the Minster’s opinion, exceed the requirements in subclause (1) (a) by 5,000 ML per day or more at Warren Weir (421004).
The Minister may announce a supplementary water event in any segment of the water source upstream of Burrendong Dam water storage if all of the following apply—
(a) there are, in the Minister’s opinion, uncontrolled flows in that segment of the water source that exceed the following—
(i) releases made from the Cudgegong EWA specified in Division 1 and 2 of Part 10,
(ii) flows required for domestic and stock rights, native title rights and water orders for access licences upstream of Burrendong Dam water storage,
(b) water is spilling from Burrendong Dam or water is being released from the FMZ,
(c) flows in the Macquarie River will, in the Minster’s opinion exceed the requirements in subclause (1) (a) by 5,000 ML per day or more at Warren Weir (421004).
In making an announcement, the Minister must consider whether and how access opportunities can be evenly shared between all holders of supplementary water access licences.
This clause is made under section 85A of theAct.
This clause does not apply if an exemption from section 60A (1) and (2) of the Act is in force in relation to the taking of water from a tailwater drain for the purpose of collecting rainfall run-off from an irrigated field.
The Minister may, by order published on the Department’s website, authorise the holders of floodplain harvesting (regulated river) access licences to take water from uncontrolled flows that have not been credited to the water allocation accounts of the licences in accordance with the rules in this clause.
This clause only authorises the taking of water from uncontrolled flows if—
(a) the water from the uncontrolled flows is captured by means of a tailwater drain, and
(b) no other work, other than a tailwater drain, is taking overland flow water at the time the tailwater drain is capturing uncontrolled flows.
For the purposes of this clause
The taking of water under a floodplain harvesting (regulated river) access licence may only occur if the Minister has announced that the taking of overland flow water is permitted.
The Minister must not announce that the taking of overland flow water is permitted if the volume of water stored in Menindee Lakes Storage is less than 195 gigalitres.
Subclause (3) does not apply during periods for which, in the Minister’s opinion, a combined flow in Marebone Break at downstream regulator gauge (421 088) and Macquarie River at downstream Marebone Weir gauge (421 090) will remain at or above 3,400 ML/day will occur.
This clause applies to a floodplain harvesting (regulated river) access licence with an extraction component that specifies the Gum Cowal management zone or Lower Macquarie River Upstream management zone.
(i) the needs of the environment, basic landholder rights, domestic and stock access licence holders and local water utility access licence holders,
(ii) the adequacy of the existing flow targets and volumes to meet those needs,
(iii) any changes to the flow targets and volumes that would be required to meet those needs, and
(iv) the impact of those changes to flow targets and volumes on the long-term average annual total amount of water able to be extracted under floodplain harvesting (regulated river) access licences in the water source,
(b) consider the views of stakeholders and other community members on the independent expert advice.
This Plan may be amended to include provisions to establish and manage individual daily extraction components of access licences.
The Dictionary may be amended to add, modify or remove a definition.
This Plan may be amended to include provisions for the following—
(a) the interception of water by plantations or other means before it reaches a stream or aquifer,
(b) the management of salt interception schemes,
(c) water return flows, as referred to in Division 5 of Part 2 of Chapter 3 of the Act,
(d) the conversion of regulated river (high security) licences with share components that specify the water source to access licences with share components that specify connected upstream unregulated river water sources.
This Plan may be amended to facilitate total long-term average annual extractions reaching the long-term average annual extraction limit or long-term average sustainable diversion limit, subject to—
(a) an assessment of compliance with the limits made under Part 6 verifying that total average annual extractions are less than those limits over the long term,
(b) a review and report on the reasons for total extractions being less than the limits over the long term, including recommendations for potential changes to this Plan to increase extractions to the limits and assessment of the impacts of the recommendations on future water allocations to all categories of water access licences, and
(c) there being no net reduction in the protection of planned environmental water established under clause 17 of this Plan.
Section 10.28 of the Basin Plan requires that a water resource plan must ensure there is no net reduction in the protection of planned environmental water from the protection provided under State water management law immediately before the commencement of the Basin Plan.
Division 3 of Part 6 may be amended to establish a long-term average sustainable diversion limit that combines the long-term average sustainable diversion limits for the water source and any of the following water sources—
(a) the Macquarie Bogan Unregulated Rivers Water Sources
(b) the Castlereagh Unregulated River Water Sources.
This Plan may be amended to give effect to, or in connection with, a determination of native title under the Native Title Act 1993 of the Commonwealth.
This Plan may be amended to enable all or part of this Plan to be accredited as part of a water resource plan under the Water Act 2007 of the Commonwealth.
This Plan may be amended to do any of the following for the protection of water-dependent Aboriginal cultural assets—
(a) identify water-dependent Aboriginal cultural assets,
(b) establish rules for the granting and amending of water supply work approvals,
(c) establish dealing rules.
An amendment authorised by this Plan is taken to include any consequential amendments to this Plan required to give effect to that particular amendment.
Consequential amendments may be made to this Plan as a result of an amendment to the Act or regulations.
(Repealed)
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 water access licence other than a floodplain harvesting access licence,
(b) a basic landholder right,
(c) an exemption from the need to hold a licence to take water under the Act.
At the commencement of this Plan, this is the NSW Department of Planning and Environment – Environment and Heritage Group (EHG).
At the commencement of this Plan, this is Water NSW.
(a) other than for the purposes of clause 55, flows not able to be captured in an operator managed water storage that are in excess of that needed to meet the following—
(i) the environmental water provisions in Divisions 1 and 2 of Part 10,
(ii) the requirements of basic landholder rights in the water source,
(iii) the requirements for the delivery of replenishment flows set out in clause 82,
(iv) access licence water orders and the water required to meet transmission losses associated with those water orders, or
(b) for the purposes of clause 55, rainfall runoff from an irrigated field.
(clause 48)
Table
Column 1 | Column 2 | Column 3 |
Water Act Licence number | Area developed at 1 July 2004 (hectares) | Carryover volume (ML) |
80SA010585 | 470.7 | 7061 |
80SA010582 | 527 | 7905 |
SL095112 | 101.6 | 1524 |
SL095604 | 140 | 2100 |
SL095477 | 98 | 1470 |
SL095474 | 8 | 120 |
SL095671 | 39.5 | 593 |
SA010562 | 428 | 6416 |
SL095343 | 40 | 600 |
SL095663 | 5 | 75 |
SL095586 | 4.5 | 68 |
SL095276 | 56 | 840 |
SL095739 | 62.2 | 933 |
SL095581 | 101.4 | 1521 |
SA010580 | 79.3 | 1190 |
SL095053 | 33 | 495 |
SL050028 | 32.5 | 488 |
SL095449 | 21 | 315 |
SL039504 | 53 | 795 |
SL039799 | 122 | 1830 |
SL095833 | 20 | 300 |
SL095351 | 190 | 2850 |
SL095880 | 27.7 | 416 |
SL095747 | 12.1 | 182 |
SL051987 | 230 | 3450 |
SL095265 | 70 | 1050 |
SL095720 | 440 | 6600 |
SA010581 | 53 | 795 |
SL029394 | 10.5 | 158 |
SL095682 | 40 | 600 |
The carryover volume calculated in the table above is the result of the area developed as at 1 July 2004, multiplied by 15.
(Repealed)
Water Sharing Plan for the Macquarie and Cudgegong Regulated Rivers Water Source 2016 (2015-630). LW 16.10.2015. Date of commencement, 1.7.2016, cl 3. This Plan has been amended as follows—
No 92 | Water Management Act 2000. Assented to 8.12.2000. Date of commencement of Part 5 of Sch 12, 27.6.2018, sec 2 (2) of the Water Management Amendment Act 2018. Amended by Water Management Amendment Act 2018 No 31. Assented to 27.6.2018. Date of commencement of Sch 1 [89], assent, sec 2 (2). | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2016. Assented to 7.6.2016. Date of commencement of Sch 2, 8.7.2016, sec 2 (1). | |
No 55 | Statute Law (Miscellaneous Provisions) Act (No 2) 2016. Assented to 25.10.2016. Date of commencement of Sch 3.47, 6.1.2017, sec 2 (1). | |
(431) | Water Sharing Plan for the Macquarie and Cudgegong Regulated Rivers Water Source Amendment Order 2022. LW 29.7.2022. Date of commencement, on publication on LW, cl 2. |
Part 1, heading | Subst 2022 (431), Sch 1[1]. |
Part 1, notes | Ins 2022 (431), Sch 1[1]. |
Cl 1 | Am 2022 (431), Sch 1[2]. |
Cl 2 | Am 2022 (431), Sch 1[3]–[5]. |
Cl 3 | Am 2016 No 27, Sch 2.55 [1]. Subst 2022 (431), Sch 1[6]. |
Cl 4 | Am 2000 No 92, Sch 12, Part 5 (ins 2018 No 31, Sch 1 [89]). Subst 2022 (431), Sch 1[7]. |
Cl 5 | Subst 2022 (431), Sch 1[8]. |
Cl 6 | Subst 2022 (431), Sch 1[9]. |
Cl 7 | Subst 2022 (431), Sch 1[10]. |
Cl 8 | Subst 2022 (431), Sch 1[10]. |
Cl 9 | Subst 2022 (431), Sch 1[10]. |
Cl 10 | Subst 2022 (431), Sch 1[10]. |
Cl 11 | Subst 2022 (431), Sch 1[10]. |
Cl 12 | Subst 2022 (431), Sch 1[10]. |
Part 3 | Subst 2022 (431), Sch 1[11]. |
Cl 13 | Subst 2022 (431), Sch 1[11]. |
Cl 14 | Am 2000 No 92, Sch 12, Part 5 (ins 2018 No 31, Sch 1 [89]). Subst 2022 (431), Sch 1[11]. |
Part 4 | Subst 2022 (431), Sch 1[12]. |
Cl 15 | Subst 2022 (431), Sch 1[12]. |
Cl 16 | Subst 2022 (431), Sch 1[12]. |
Cl 17 | Subst 2022 (431), Sch 1[12]. |
Part 5 | Subst 2022 (431), Sch 1[13]. |
Part 5, Div 1 | Ins 2022 (431), Sch 1[13]. |
Cl 18 | Subst 2022 (431), Sch 1[13]. |
Part 5, Div 2 | Ins 2022 (431), Sch 1[13]. |
Cl 19 | Subst 2022 (431), Sch 1[13]. |
Cl 20 | Subst 2022 (431), Sch 1[13]. |
Part 5, Div 3 | Ins 2022 (431), Sch 1[13]. |
Cl 21 | Subst 2022 (431), Sch 1[13]. |
Cl 22 | Subst 2022 (431), Sch 1[13]. |
Cl 23 | Subst 2022 (431), Sch 1[13]. |
Cl 24 | Subst 2022 (431), Sch 1[13]. |
Cl 25 | Subst 2022 (431), Sch 1[13]. |
Cl 26 | Subst 2022 (431), Sch 1[13]. |
Part 6 | Subst 2022 (431), Sch 1[14]. |
Part 6, note | Ins 2022 (431), Sch 1[14]. |
Part 6, Div 1 | Ins 2022 (431), Sch 1[14]. |
Cl 27 | Subst 2022 (431), Sch 1[14]. |
Part 6, Div 2 | Ins 2022 (431), Sch 1[14]. |
Cl 28 | Subst 2022 (431), Sch 1[14]. |
Cl 29 | Subst 2022 (431), Sch 1[14]. |
Cl 30 | Subst 2022 (431), Sch 1[14]. |
Part 6, Div 3 | Ins 2022 (431), Sch 1[14]. |
Cl 31 | Subst 2022 (431), Sch 1[14]. |
Cl 32 | Subst 2022 (431), Sch 1[14]. |
Cl 33 | Subst 2022 (431), Sch 1[14]. |
Part 6, Div 4 | Ins 2022 (431), Sch 1[14]. |
Cl 34 | Subst 2022 (431), Sch 1[14]. |
Part 6, Div 5 | Ins 2022 (431), Sch 1[14]. |
Cl 35 | Subst 2022 (431), Sch 1[14]. |
Cl 36 | Subst 2022 (431), Sch 1[14]. |
Cl 37 | Subst 2022 (431), Sch 1[14]. |
Cl 38 | Subst 2022 (431), Sch 1[14]. |
Cl 39 | Subst 2022 (431), Sch 1[14]. |
Cl 40 | Subst 2022 (431), Sch 1[14]. |
Cl 41 | Subst 2022 (431), Sch 1[14]. |
Part 7, heading | Am 2022 (431), Sch 1[15]. |
Part 7, note | Ins 2022 (431), Sch 1[16]. |
Cl 42 | Subst 2022 (431), Sch 1[17]. |
Cl 43 | Subst 2022 (431), Sch 1[17]. |
Part 8 | Subst 2022 (431), Sch 1[18]. |
Part 8, note | Ins 2022 (431), Sch 1[18]. |
Part 8, Div 1 | Subst 2022 (431), Sch 1[18]. |
Cl 44 | Am 2000 No 92, Sch 12, Part 5 (ins 2018 No 31, Sch 1 [89]). Subst 2022 (431), Sch 1[18]. |
Cl 45 | Subst 2022 (431), Sch 1[18]. |
Part 8, Div 2 | Subst 2022 (431), Sch 1[18]. |
Part 8, Div 2, notes | Ins 2022 (431), Sch 1[18]. |
Cl 46 | Subst 2022 (431), Sch 1[18]. |
Cl 47 | Am 2000 No 92, Sch 12, Part 5 (ins 2018 No 31, Sch 1 [89]). Subst 2022 (431), Sch 1[18]. |
Cl 48 | Subst 2022 (431), Sch 1[18]. |
Cl 49 | Am 2016 No 27, Sch 2.55 [2]. Subst 2022 (431), Sch 1[18]. |
Cl 50 | Subst 2022 (431), Sch 1[18]. |
Cl 51 | Subst 2022 (431), Sch 1[18]. |
Cl 52 | Subst 2022 (431), Sch 1[18]. |
Part 8, Div 3 | Ins 2022 (431), Sch 1[18]. |
Part 8, Div 3, notes | Ins 2022 (431), Sch 1[18]. |
Cl 53 | Subst 2022 (431), Sch 1[18]. |
Cl 54 | Subst 2022 (431), Sch 1[18]. |
Part 8, Div 4 | Ins 2022 (431), Sch 1[18]. |
Cl 55 | Subst 2022 (431), Sch 1[18]. |
Cl 56 | Subst 2022 (431), Sch 1[18]. |
Part 8, Div 5 | Ins 2022 (431), Sch 1[18]. |
Cl 57 | Subst 2022 (431), Sch 1[18]. |
Cl 58 | Subst 2022 (431), Sch 1[18]. |
Part 9 | Subst 2022 (431), Sch 1[19]. |
Part 9, notes | Ins 2022 (431), Sch 1[19]. |
Part 9, Div 1, heading | Rep 2022 (431), Sch 1[19]. |
Part 9, Div 2, heading | Rep 2022 (431), Sch 1[19]. |
Part 9, Div 3, heading | Rep 2022 (431), Sch 1[19]. |
Cl 59 | Subst 2022 (431), Sch 1[19]. |
Cl 60 | Subst 2022 (431), Sch 1[19]. |
Cl 61 | Subst 2022 (431), Sch 1[19]. |
Cl 62 | Subst 2022 (431), Sch 1[19]. |
Cl 63 | Subst 2022 (431), Sch 1[19]. |
Cl 64 | Subst 2022 (431), Sch 1[19]. |
Part 10 | Subst 2022 (431), Sch 1[20]. |
Part 10, note | Ins 2022 (431), Sch 1[20]. |
Part 10, Div 1 | Ins 2022 (431), Sch 1[20]. |
Cl 65 | Subst 2022 (431), Sch 1[20]. |
Cl 66 | Subst 2022 (431), Sch 1[20]. |
Part 10, Div 2 | Ins 2022 (431), Sch 1[20]. |
Cl 67 | Subst 2022 (431), Sch 1[20]. |
Cl 68 | Subst 2022 (431), Sch 1[20]. |
Cl 69 | Subst 2022 (431), Sch 1[20]. |
Cl 70 | Ins 2022 (431), Sch 1[20]. |
Cl 71 | Ins 2022 (431), Sch 1[20]. |
Cl 72 | Ins 2022 (431), Sch 1[20]. |
Part 10, Div 3 | Ins 2022 (431), Sch 1[20]. |
Part 10, Div 3, note | Ins 2022 (431), Sch 1[20]. |
Cl 73 | Ins 2022 (431), Sch 1[20]. |
Cl 74 | Ins 2022 (431), Sch 1[20]. |
Cl 75 | Ins 2022 (431), Sch 1[20]. |
Cl 76 | Ins 2022 (431), Sch 1[20]. |
Cl 77 | Ins 2022 (431), Sch 1[20]. |
Cl 78 | Ins 2022 (431), Sch 1[20]. |
Cl 79 | Ins 2022 (431), Sch 1[20]. |
Cl 80 | Ins 2022 (431), Sch 1[20]. |
Cl 81 | Ins 2022 (431), Sch 1[20]. |
Part 10, Div 4 | Ins 2022 (431), Sch 1[20]. |
Cl 82 | Ins 2022 (431), Sch 1[20]. |
Part 10, Div 5 | Ins 2022 (431), Sch 1[20]. |
Cl 83 | Ins 2022 (431), Sch 1[20]. |
Cl 84 | Ins 2022 (431), Sch 1[20]. |
Cl 85 | Ins 2022 (431), Sch 1[20]. |
Cl 86 | Ins 2022 (431), Sch 1[20]. |
Cl 87 | Ins 2022 (431), Sch 1[20]. |
Cl 88 | Ins 2022 (431), Sch 1[20]. |
Cl 89 | Ins 2022 (431), Sch 1[20]. |
Cl 90 | Ins 2022 (431), Sch 1[20]. |
Part 11, note | Ins 2022 (431), Sch 1[21]. |
Part 11, Div 1 | Ins 2022 (431), Sch 1[22]. |
Cl 91 | Ins 2022 (431), Sch 1[22]. |
Part 11, Div 2 | Ins 2022 (431), Sch 1[22]. |
Part 11, Div 2, note | Ins 2022 (431), Sch 1[22]. |
Cl 92 | Ins 2022 (431), Sch 1[22]. |
Part 11, Div 3 | Ins 2022 (431), Sch 1[23]. |
Part 11, Div 3, note | Ins 2022 (431), Sch 1[23]. |
Cl 93 | Ins 2022 (431), Sch 1[23]. |
Part 12 | Subst 2022 (431), Sch 1[24]. |
Part 12, notes | Ins 2022 (431), Sch 1[24]. |
Cl 94 | Ins 2022 (431), Sch 1[24]. |
Cl 95 | Ins 2022 (431), Sch 1[24]. |
Cl 96 | Ins 2022 (431), Sch 1[24]. |
Cl 97 | Ins 2022 (431), Sch 1[24]. |
Cl 98 | Ins 2022 (431), Sch 1[24]. |
Cl 99 | Ins 2022 (431), Sch 1[24]. |
Cl 100 | Ins 2022 (431), Sch 1[24]. |
Cl 101 | Ins 2022 (431), Sch 1[24]. |
Cl 102 | Ins 2022 (431), Sch 1[24]. |
Part 13 | Rep 2022 (431), Sch 1[25]. |
Part 14 | Rep 2022 (431), Sch 1[26]. |
Dictionary | Subst 2022 (431), Sch 1[27]. |
Sch 1 | Ins 2022 (431), Sch 1[27]. |
Sch 2 | Subst 2022 (431), Sch 1[28]. |
Appendix 1, heading | Am 2016 No 55, Sch 3.47. Subst 2022 (431), Sch 1[29]. |
Appendix 1 | Am 2000 No 92, Sch 12, Part 5 (ins 2018 No 31, Sch 1 [89]). Subst 2022 (431), Sch 1[29]. |
Appendix 2 | Subst 2022 (431), Sch 1[30]. |
Appendix 3 | Rep 2022 (431), Sch 1[31]. |
Appendix 4 | Rep 2022 (431), Sch 1[32]. |
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