Water Sharing Plan for the Macquarie Bogan Unregulated Rivers Water Sources 2012 (NSW)
Part 12 allows for amendments to be made to this Part.
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 Bogan Unregulated Rivers Water Sources
2012 (hereafter
This Plan is made under section 50 of the Water Management Act 2000 (hereafter
This Plan is a plan for water sharing and generally deals with the matters set out in sections 20 and 21 of the Act, 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 4 October 2012.
In accordance with section 43 of the Act, this Plan will have effect for 10 years from 1 July 2013.
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 that are consistent with the requirements of the Basin Plan. This Plan was amended in 2020, partly to meet NSW’s commitments under these arrangements. Certain provisions of this Plan form part of the water resource plan for the Macquarie-Castlereagh surface water resource plan area.
Despite subclause (1), the following provisions of this Plan commence on 1 December 2020—
(a) clause 51,
(b) clause 53A,
(c) clause 55A.
This means that the rules to protect Active Environmental Water will not commence until 1 December 2020.
This Plan applies to the following water sources known as the Macquarie Bogan Unregulated Rivers Water Sources (hereafter
(a) Backwater Boggy Cowal Water Source,
(b) Bell River Water Source,
(c) Bulbodney Grahway Creek Water Source,
(d) Burrendong Dam Tributaries Water Source,
(e) Campbells River Water Source,
(f) Coolbaggie Creek Water Source,
(g) Cooyal Wialdra Creek Water Source,
(h) Ewenmar Creek Water Source,
(i) Fish River Water Source,
(j) Goolma Creek Water Source,
(k) Lawsons Creek Water Source,
(l) Little River Water Source,
(m) Lower Bogan River Water Source,
(n) Lower Macquarie River Water Source,
(o) Lower Talbragar River Water Source,
(p) Macquarie River above Burrendong Water Source,
(q) Marra Creek Water Source,
(r) Marthaguy Creek Water Source,
(s) Maryvale Geurie Creek Water Source,
(t) Molong Creek Water Source,
(u) Piambong Creek Water Source,
(v) Pipeclay Creek Water Source,
(w) Queen Charlottes Vale Evans Plains Creek Water Source,
(x) Summerhill Creek Water Source,
(y) Turon Crudine River Water Source,
(z) Upper Bogan River Water Source,
(aa) Upper Cudgegong River Water Source,
(ab) Upper Talbragar River Water Source,
(ac) Wambangalong Whylandra Creek Water Source, and
(ad) Winburndale Rivulet Water Source.
The Central West Water Management Area was constituted by Ministerial order made under section 11 of the Water Management Act 2000 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 (WSP026_Version 2), Water Sharing Plan for the
Macquarie Bogan Unregulated Rivers Water Sources 2012 (hereafter
The Plan Map is part of this Plan and is available at the NSW Legislation website. An overview of the Plan Map is shown in Appendix 1.
Subject to subclause (5), these water sources include all water—
(a) occurring naturally on the surface of the ground within the boundaries of these water sources as shown on the Plan Map, and
(b) in rivers, lakes, and wetlands within the boundaries of these water sources as shown on the Plan Map.
(Repealed)
These water sources do not include water—
(a) (Repealed)
(b) contained in the Macquarie and Cudgegong Regulated Rivers Water Source to which the Water Sharing Plan for the Macquarie and Cudgegong Regulated Rivers Water Source 2016 applies,
(c) contained in the Barwon-Darling Unregulated River Water Source to which the Water Sharing Plan for the Barwon-Darling Unregulated River Water Source 2012 applies,
(d) taken in the course of floodplain harvesting under a floodplain harvesting (regulated river) access licence.
Note— Floodplain harvesting is defined in the Dictionary.
This Plan, as amended by the Water Sharing Plan for the Macquarie Bogan Unregulated and Alluvial Water Sources Amendment Order 2020, does not apply to the Bell Alluvial Groundwater Source, Cudgegong Alluvial Groundwater Source, Talbragar Alluvial Groundwater Source and Upper Macquarie Alluvial Groundwater Source. The Water Sharing Plan for the Macquarie-Castlereagh Groundwater Sources 2020 now applies to those water sources.
For the purposes of this Plan, the following water sources are divided into the following management zones—
(a) Bulbodney Grahway Creek Water Source—
(i) Bulbodney Grahway Management Zone,
(ii) Lower Nyngan Weir Pool Management Zone, and
(iii) Upper Nyngan Weir Pool Management Zone,
(b) Campbells River Water Source—
(i) Campbells River Downstream Management Zone, and
(ii) Campbells River Tributaries Management Zone,
(c) Lower Macquarie River Water Source—
(i) Gum Cowal Management Zone,
(ii) Lower Macquarie River Downstream Management Zone, and
(iii) Lower Macquarie River Upstream Management Zone,
(d) Macquarie River above Burrendong Water Source—
(i) Macquarie River above Bathurst Management Zone,
(ii) Macquarie River between Bathurst and Evans Plains Creek Management Zone, and
(iii) Macquarie River Tributaries Management Zone,
(e) Queen Charlottes Vale Evans Plains Creek Water Source—
(i) Queen Charlottes Vale Evans Plains Creek Downstream Management Zone, and
(ii) Queen Charlottes Vale Evans Plains Creek Tributaries Management Zone, and
(f) Marthaguy Creek Water Source—
(i) Upper Marthaguy Creek Management Zone, and
(ii) Lower Marthaguy Creek Management Zone.
The management zones in subclause (1) are shown on the Plan Map.
(Repealed)
This Plan contains various rules. Where appropriate, the rules specified in this Plan are given effect by the mandatory conditions for access licences and approvals contained in Part 11 of this Plan.
Words and expressions that are defined in the Dictionary to this Plan have the meaning set out in the Dictionary.
Unless otherwise defined in this Plan, words and expressions that are defined in the Act or in the regulations made under the Act have the same meaning in this Plan.
Unless otherwise specified in this Plan, a clause that applies to a category of access licence also applies to any subcategories of that category of access licence.
The Dictionary and Schedules to this Plan form part of this Plan.
The Plan Map forms 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.
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 these water sources and their 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) the social and cultural benefits to urban and rural communities that result from surface water.
The broad environmental objective of this Plan is to protect, and contribute to the enhancement of, the ecological condition of these water sources and their water-dependent ecosystems over the term of this Plan.
The ecological condition of these water sources will be assessed by reference to the condition of high ecological value aquatic ecosystems, target species, communities, populations and key ecosystem functions as defined in the MER plan for these water sources. Water-dependent ecosystems in these water sources include instream riparian and floodplain ecosystems.
The targeted environmental objective of this Plan is to protect, and contribute to the enhancement of, the following over the term of this Plan—
(a) the recorded distribution or extent, and population structure, of target ecological populations,
Notes— Target ecological populations is defined in the Dictionary.Target ecological populations in these water sources may include known or predicted populations of the following—
(a) native fish including 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, native vegetation and low flow macroinvertebrate communities in water sources that are susceptible to increased frequency and duration of low flows and drying.
Ramsar wetlands, and the associated ecological communities such as waterbirds and lignum shrublands, are primarily managed by the NSW Environmental Water Manager. The targeted objectives and monitoring activities for these assets and communities are provided in the MER Plan for these water sources.
Measures of population structure may include the abundance or spatial extent of a species, different age classes or life stages within a species population, or measures that describe the health and condition of species or populations.
(b) 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 these water sources include fish movement across significant barriers, as identified by NSW Department of Primary Industries (Fisheries) and described in the MER plan for these water sources.
Connectivity may be within or between these water sources or between these water sources and other water sources.
(c) water quality within these water sources to support water-dependent ecosystems and ecosystem functions,
Note— Water quality target ranges for these water sources are defined in the Water Quality Management Plan for the Macquarie-Castlereagh Water Resource Plan Area SW11 and the NSW State Water Quality Assessment and Monitoring Plan.
The strategies for reaching the targeted environmental objective of this Plan are as follows—
(a) establish and maintain compliance with a long-term average annual extraction limit and a long-term average sustainable diversion limit,
Note— 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 portion of flows to partially mitigate alterations to natural flow regimes in these water sources,
Notes— Flow regimes is defined in the Dictionary.The rules in Division 2 of Part 8 of this Plan establish daily access rules that manage the take of water for each water source. These rules contribute to all the objectives in subclause (2).
(c) restrict the take of water from in-river and off-river pools when the volume of that water is less than full capacity,
Notes— In-river pool andoff-river pool are defined in the Dictionary.The provisions in clause 53 of this Plan restrict the take of water from in-river and off-river pools when the volume is less than full capacity.
(d) restrict or prevent water supply work approvals on third order or higher streams,
Notes— The provisions in Part 9 of this Plan prevent the granting or amendment of a water supply work approval for an in-river dam on a third order or higher stream in the water sources listed in clause 57 (2).
References in this Plan to a third order or higher stream relate to the stream order defined by the Strahler stream ordering method. The Strahler stream ordering method is as described in Schedule 2 to the Water Management (General) Regulation 2018.
(e) reserve a portion of flows to maintain hydrological connectivity within and between these water sources and other connected water sources including the Macquarie and Cudgegong Regulated River Water Source,
Note— The provisions in clause 53 of this Plan ensure that very low flows are protected from extraction.
(f) restrict the take of water to protect Active Environmental Water.
The performance indicator used to measure the success of the strategies for reaching 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) has have contributed to achieving the broad objective.
The performance indicators used to measure the success of the strategies for reaching 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 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.
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 environmental objectives,
(d) the extent to which Schedule 2 of this Plan has accurately identified, and the provisions in this Plan have adequately protected, the off-river pools and off-river dam pools that have been recipients of environmental water deliveries,
(e) the extent to which external influences on these water sources during the term of this Plan have affected progress toward achieving the environmental objectives.
Note— External influences may include climate trends, land use patterns, decisions made by the NSW Environmental Water Manager and other factors.
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 maintain, and where possible improve, water trading opportunities for surface water-dependent businesses,
(b) to maintain, and where possible improve, access to water for agriculture, surface water-dependent businesses and landholders,
(c) to contribute to maintaining water quality within target ranges for agriculture, surface water-dependent businesses and landholders.
The strategies for reaching the targeted economic objectives of this Plan are as follows—
(a) provide for trade of water allocations and share components subject to environmental constraints.
Note— The provisions in Part 10 of this Plan permit a variety of dealings within environmental constraints, including assignment of rights under access licences, assignment of water allocations between access licences, and the ability to move the share component of an access licence from one water source, or management zone within a water source, to another.
(b) provide a stable and predictable framework for sharing water among water users,
Note— The compliance with extraction and diversion limit provisions in Part 6 of this Plan and the access provisions in Part 8 of this Plan provide certainty in how water access will be shared between different categories of access licences.
(c) provide flexibility of access to water,
Note— The individual account management rules in clause 50, including the limit on the volume of water that can be taken in any water year or over three consecutive water years and the amount of water that may be carried over from one water year to the next, provide flexibility that reflects the characteristics of the licence category.
(d) manage extractions to the long-term extraction limit and the long-term average sustainable diversion limit.
Note— Part 6 of this Plan manages the extraction of water within the long-term average annual extraction limits and the long-term average sustainable diversion limits.
The performance indicator used to measure the success of the strategies for reaching 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 reaching 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 surface water extraction and use,
(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,
(ii) the weighted average unit price of share components of access licences transferred or assigned,
Note— Weighted average unit price is defined in the Dictionary.(iii) the annual volume of water allocations assigned,
(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 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 surface water extraction and use 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 economic objectives,
(d) the extent to which external influences on surface water-dependent businesses during the term of this Plan have affected progress toward achieving the economic objectives.
Note— External influences may include trends in urban, agricultural and industrial development, energy costs, commodity prices, interest rates, technology advances, climate or changes in industry policy or regulation.
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 reaching the targeted Aboriginal cultural objectives of this Plan are as follows—
(a) manage access to water consistently with the exercise of native title rights,
(b) provide for water associated with Aboriginal cultural values and uses,
Note— The provisions in Part 7 of this Plan 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 portion of natural flows to partially mitigate alterations to natural flow regimes in these water sources,
(d) restrict the take of water from in-river and off-river pools when the volume of that water is less than full capacity,
Note— The provisions in clause 53 of this Plan restrict the take of water from in-river and off-river pools when the volume is less than full capacity, thereby contributing to the protection of native fish populations, swimming and recreational areas and riparian vegetation.
(e) reserve a portion of natural flows to maintain longitudinal connectivity within and between these water sources, and between these water sources and other connected water sources.
Note— The provisions in clause 53 of this Plan ensure that a portion of natural flows are protected from extraction.
The performance indicator used to measure the success of the strategies for reaching 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 reaching 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 capable of being exercised, consistently with any determination of native title or indigenous land use agreement,
(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.
Note— External influences may include trends in Aboriginal cultural activity, urban, agricultural and industrial development, climate or changes in policy or regulation.
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, domestic and stock purposes and surface water-dependent cultural, heritage and recreational uses, including recreational fishing.
The strategies for reaching 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,
(b) reserve a portion of natural flows to partially mitigate alterations to natural flow regimes in these water sources,
(c) restrict the take of water from in-river and off-river pools when the volume of that water is less than full capacity,
(d) reserve a portion of natural flows to maintain longitudinal connectivity within and between these water sources, and between these water sources and other connected water sources.
The performance indicator used to measure the success of the strategies for reaching 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 the success of the strategies for reaching 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 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 extent to which external influences on surface water-dependent social and cultural activities during the term of this Plan have affected progress toward achieving the social and cultural objectives.
Note— External influences may include trends in urban, agricultural and industrial development, social or cultural behaviour, climate or changes in policy or regulation.
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 in Part 4 of this Plan,
(b) the requirements for water for basic landholder rights identified in Division 2 of Part 5 of this Plan,
(c) the requirements for water for extraction under access licences identified in Division 3 of Part 5 of this Plan, and
(d) the access licence dealing rules established in Part 10 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 Part 6 of this Plan,
(b) establishes rules according to which access licences are to be granted and managed, contained in Parts 7 and 8 of this Plan, and available water determinations are to be made, contained in Part 6 of this Plan,
(c) recognises the effect of climatic variability on the availability of water as described in clause 14,
(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 and long-term average sustainable diversion limit contained in Part 6 of this Plan,
(e) contains provisions with respect to the conditions that must be imposed as mandatory conditions on access licences contained in Division 2 of Part 11 of this Plan, and
(f) recognises and is consistent with the water management principles contained in section 5 of the Act.
This Plan recognises the effects of climatic variability on river flow in these water sources by having provisions that—
(a) manage the sharing of water 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 reductions in the availability of water due to an increase in average annual extraction against the long-term average annual extraction limit and long-term average sustainable diversion limit, contained in Part 6 of this Plan, and
(b) manage the sharing of water in specified water sources on a daily basis, contained in Division 2 of Part 8 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.
This Part is made in accordance with section 8 of the Act.
This Part contains environmental water rules for the commitment, identification, establishment and maintenance of planned environmental water in these water sources.
In accordance with the Act, planned environmental water is 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 in these water sources in the following ways—
(a) by reference to the commitment of the physical presence of water in the relevant water source,
(b) by reference to the long-term average annual commitment of water as planned environmental water, and
(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.
This Plan establishes planned environmental water in these water sources as follows—
(a) the physical presence of water resulting from the access rules specified in clause 53 of this Plan,
Note— The rules in clause 53 of this Plan set flow levels below which the taking of water is not permitted. Some limited exemptions apply.
(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 long-term average sustainable diversion limit as specified in Part 6 of this Plan, and
(c) the water remaining after water has been taken under basic landholder rights and access licences and any other rights under the Act in accordance with the rules specified in Parts 6 and 8 of this Plan.
The planned environmental water established under subclause (1) (a) is maintained by the rules specified in Division 2 of Part 8 of this Plan.
The planned environmental water established under subclause (1) (b) is maintained by the provisions specified in Part 6 of this Plan.
The planned environmental water established under subclause (1) (c) is maintained by the provisions specified in Parts 6 and 8 of this Plan.
The provisions in Part 6 of this Plan ensure that there will be water remaining in these water sources over the long term by maintaining compliance with the long-term average annual extraction limit and the long-term average sustainable diversion limit. The provisions in Part 6 of this Plan provide for a reduction in available water determinations when the long-term average annual extraction limit or the long-term average sustainable diversion limit 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 amounts 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 Part 6 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,
(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 4,966 megalitres per year (hereafter
(a) 82 ML/year in the Backwater Boggy Cowal Water Source,
(b) 237 ML/year in the Bell River Water Source,
(c) 243 ML/year in the Bulbodney Grahway Creek Water Source,
(d) 294 ML/year in the Burrendong Dam Tributaries Water Source,
(e) 240 ML/year in the Campbells River Water Source,
(f) 37 ML/year in the Coolbaggie Creek Water Source,
(g) 169 ML/year in the Cooyal Wialdra Creek Water Source,
(h) 42 ML/year in the Ewenmar Creek Water Source,
(i) 294 ML/year in the Fish River Water Source,
(j) 71 ML/year in the Goolma Creek Water Source,
(k) 133 ML/year in the Lawsons Creek Water Source,
(l) 274 ML/year in the Little River Water Source,
(m) 262 ML/year in the Lower Bogan River Water Source,
(n) 59 ML/year in the Lower Macquarie River Water Source,
(o) 308 ML/year in the Lower Talbragar River Water Source,
(p) 260 ML/year in the Macquarie River above Burrendong Water Source,
(q) 64 ML/year in the Marra Creek Water Source,
(r) 162 ML/year in the Marthaguy Creek Water Source,
(s) 8 ML/year in the Maryvale Geurie Creek Water Source,
(t) 45 ML/year in the Molong Creek Water Source,
(u) 139 ML/year in the Piambong Creek Water Source,
(v) 65 ML/year in the Pipeclay Creek Water Source,
(w) 217 ML/year in the Queen Charlottes Vale Evans Plains Creek Water Source,
(x) 151 ML/year in the Summerhill Creek Water Source,
(y) 257 ML/year in the Turon Crudine River Water Source,
(z) 261 ML/year in the Upper Bogan River Water Source,
(aa) 118 ML/year in the Upper Cudgegong River Water Source,
(bb) 245 ML/year in the Upper Talbragar River Water Source,
(cc) 51 ML/year in the Wambangalong Whylandra Creek Water Source, and
(dd) 178 ML/year in the Winburndale Rivulet Water Source.
(ee) (Repealed)
(ff) (Repealed)
(gg) (Repealed)
(hh) (Repealed)
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.
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.
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.
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.
The requirement for water to satisfy native rights is the water that may be taken in the exercise of native title rights in accordance with the Native Title Act 1993 of the Commonwealth, including—
(a) any determination of native title, and
(b) any indigenous land use agreement.
No determinations of native title in relation to these water sources have been made in accordance with the Native Title Act 1993 of the Commonwealth at the commencement of this Plan.
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 requirements 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 1,952 ML/year, distributed as follows—
(a) 40 ML/year in the Backwater Boggy Cowal Water Source,
(b) 197 ML/year in the Bell River Water Source,
(c) 126 ML/year in the Bulbodney Grahway Creek Water Source,
(d) 7 ML/year in the Burrendong Dam Tributaries Water Source,
(e) 58 ML/year in the Campbells River Water Source,
(f) 16 ML/year in the Coolbaggie Creek Water Source,
(g) 37 ML/year in the Cooyal Wialdra Creek Water Source,
(h) 50.5 ML/year in the Ewenmar Creek Water Source,
(i) 30 ML/year in the Fish River Water Source,
(j) 0 ML/year in the Goolma Creek Water Source,
(k) 56 ML/year in the Lawsons Creek Water Source,
(l) 45 ML/year in the Little River Water Source,
(m) 146 ML/year in the Lower Bogan River Water Source,
(n) 136 ML/year in the Lower Macquarie River Water Source,
(o) 40 ML/year in the Lower Talbragar River Water Source,
(p) 55 ML/year in the Macquarie River above Burrendong Water Source,
(q) 67.5 ML/year in the Marra Creek Water Source,
(r) 146 ML/year in the Marthaguy Creek Water Source,
(s) 2 ML/year in the Maryvale Geurie Creek Water Source,
(t) 156 ML/year in the Molong Creek Water Source,
(u) 12 ML/year in the Piambong Creek Water Source,
(v) 13 ML/year in the Pipeclay Creek Water Source,
(w) 47 ML/year in the Queen Charlottes Vale Evans Plains Creek Water Source,
(x) 131 ML/year in the Summerhill Creek Water Source,
(y) 12 ML/year in the Turon Crudine River Water Source,
(z) 154.5 ML/year in the Upper Bogan River Water Source,
(aa) 80.5 ML/year in the Upper Cudgegong River Water Source,
(bb) 12 ML/year in the Upper Talbragar River Water Source,
(cc) 28 ML/year in the Wambangalong Whylandra Creek Water Source, and
(dd) 51 ML/year in the Winburndale Rivulet Water Source.
(ee) (Repealed)
(ff) (Repealed)
(gg) (Repealed)
(hh) (Repealed)
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 32,281 ML/year, distributed as follows—
(a) 0 ML/year in the Backwater Boggy Cowal Water Source,
(b) 795 ML/year in the Bell River Water Source,
(c) 1,924 ML/year in the Bulbodney Grahway Creek Water Source,
(d) 0 ML/year in the Burrendong Dam Tributaries Water Source,
(e) 0 ML/year in the Campbells River Water Source,
(f) 0 ML/year in the Coolbaggie Creek Water Source,
(g) 111 ML/year in the Cooyal Wialdra Creek Water Source,
(h) 0 ML/year in the Ewenmar Creek Water Source,
(i) 15 ML/year in the Fish River Water Source,
(j) 0 ML/year in the Goolma Creek Water Source,
(k) 0 ML/year in the Lawsons Creek Water Source,
(l) 102 ML/year in the Little River Water Source,
(m) 0 ML/year in the Lower Bogan River Water Source,
(n) 0 ML/year in the Lower Macquarie River Water Source,
(o) 0 ML/year in the Lower Talbragar River Water Source,
(p) 17,500 ML/year in the Macquarie River above Burrendong Water Source,
(q) 0 ML/year in the Marra Creek Water Source,
(r) 0 ML/year in the Marthaguy Creek Water Source,
(s) 0 ML/year in the Maryvale Geurie Creek Water Source,
(t) 502 ML/year in the Molong Creek Water Source,
(u) 0 ML/year in the Piambong Creek Water Source,
(v) 0 ML/year in the Pipeclay Creek Water Source,
(w) 0 ML/year in the Queen Charlottes Vale Evans Plains Creek Water Source,
(x) 7,800 ML/year in the Summerhill Creek Water Source,
(y) 0 ML/year in the Turon Crudine River Water Source,
(z) 32 ML/year in the Upper Bogan River Water Source,
(aa) 2,500 ML/year in the Upper Cudgegong River Water Source,
(bb) 0 ML/year in the Upper Talbragar River Water Source,
(cc) 0 ML/year in the Wambangalong Whylandra Creek Water Source, and
(dd) 1,000 ML/year in the Winburndale Rivulet Water Source.
(ee) (Repealed)
(ff) (Repealed)
(gg) (Repealed)
(hh) (Repealed)
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 113,358.5 unit shares, distributed as follows—
(a) 4,409 unit shares in the Backwater Boggy Cowal Water Source,
(b) 6,886 unit shares in the Bell River Water Source,
(c) 4,433 unit shares in the Bulbodney Grahway Creek Water Source,
(d) 572 unit shares in the Burrendong Dam Tributaries Water Source,
(e) 2,058 unit shares in the Campbells River Water Source,
(f) 454 unit shares in the Coolbaggie Creek Water Source,
(g) 672 unit shares in the Cooyal Wialdra Creek Water Source,
(h) 1,248.5 unit shares in the Ewenmar Creek Water Source,
(i) 2,159.5 unit shares in the Fish River Water Source,
(j) 0 unit shares in the Goolma Creek Water Source,
(k) 1,443 unit shares in the Lawsons Creek Water Source,
(l) 2,200 unit shares in the Little River Water Source,
(m) 3,669 unit shares in the Lower Bogan River Water Source,
(n) 48,720.5 unit shares in the Lower Macquarie River Water Source,
(o) 1,661 unit shares in the Lower Talbragar River Water Source,
(p) 8,056 unit shares in the Macquarie River above Burrendong Water Source,
(q) 307 unit shares in the Marra Creek Water Source,
(r) 4,312 unit shares in the Marthaguy Creek Water Source,
(s) 735 unit shares in the Maryvale Geurie Creek Water Source,
(t) 4,960 unit shares in the Molong Creek Water Source,
(u) 962 unit shares in the Piambong Creek Water Source,
(v) 413 unit shares in the Pipeclay Creek Water Source,
(w) 1,861 unit shares in the Queen Charlottes Vale Evans Plains Creek Water Source,
(x) 4,320 unit shares in the Summerhill Creek Water Source,
(y) 316 unit shares in the Turon Crudine River Water Source,
(z) 1,553 unit shares in the Upper Bogan River Water Source,
(aa) 3,882 unit shares in the Upper Cudgegong River Water Source,
(bb) 370 unit shares in the Upper Talbragar River Water Source,
(cc) 141 unit shares in the Wambangalong Whylandra Creek Water Source,
(dd) 585 unit shares in the Winburndale Rivulet Water Source.
(Repealed)
It is estimated that at the time of commencement of this Plan the share components of major utility access licences authorised to take water from these water sources total 15,876 ML/year, distributed as follows—
(a) 15,876 ML/year in the Fish River Water Source,
(b) 0 unit shares in all other water sources.
It is estimated that at the time of commencement of this Plan the share components of unregulated river (special additional high flow) access licences authorised to take water from these water sources total 44,501 unit shares, distributed as follows—
(a) 1,312 unit shares in the Bulbodney Grahway Creek Water Source,
(b) 39,029 unit shares in the Lower Bogan River Water Source,
(c) 3,078 unit shares in the Lower Macquarie River Water Source,
(d) 1,082 unit shares in the Upper Bogan River Water Source,
(e) 0 unit shares in all other water sources.
It is estimated that at the time of commencement of this Plan the share components of unregulated river (local water utility) access licences authorised to take water from these water sources total 1,850 ML/year, distributed as follows—
(a) 1,850 ML/year in the Bulbodney Grahway Creek Water Source,
(b) 0 ML/year in all other water sources.
Unregulated river (regulated supply—local water utility) access licences allow the licence holder to extract water from an unregulated river water source that has been extracted from a regulated river water source under a local water utility access licence and then transferred to the unregulated river water source.
It is estimated that at the time of commencement of this Plan the share components of unregulated river (regulated supply) access licences authorised to take water from these water sources total 68,901 ML/year, distributed as follows—
(a) 4,150 ML/year in the Bulbodney Grahway Creek Water Source,
(b) 63,836 ML/year in the Ewenmar Creek Water Source,
(c) 915 ML/year in the Lower Bogan River Water Source,
(d) 0 ML/year in all other water sources.
Unregulated river (regulated supply) access licences allow the licence holder to extract water from an unregulated river water source that has been extracted from a regulated river water source under a regulated river (general security) or regulated river (high security) licence and then transferred to the unregulated river water source.
This Part sets out the rules for managing the availability of water for extraction in accordance with the following long-term limits on extraction—
(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 32,
(b) the annual extraction under clause 33,
(c) the annual permitted take under clause 36,
(d) the annual actual take under clause 36.
The calculations by the Minister to which this clause applies must—
(a) exclude the following—
(i) allocations assigned from an access licence in one of these water sources to an access licence in a water source other than these water sources, under section 71T of the Act,
(ii) in relation to annual extraction under clause 33 only, water committed as licensed environmental water under section 8F of the Act, and
(b) include allocations assigned to an access licence in one of these water sources from an access licence in a water source other than these water sources, under section 71T of the Act.
The calculation by the Minister of the long-term average annual extraction limit under clause 32 must be adjusted by a volume that appropriately reflects the following—
(a) the share components of water access licences in the water source that are subject to a dealing under section 71U of the Act,
(b) any changes to the amount of water committed as licensed environmental water under section 8F of the Act.
The long-term average annual extraction limit for these water sources is—
(a) the annual extraction of water averaged over the period from 1 July 1993 to 30 June 1999 under entitlements issued under Part 2 of the Water Act 1912, plus
(b) the annual water requirements pursuant to basic landholder rights at the commencement of this Plan, plus
(c) the annual extraction of water averaged over the period from 1 July 1993 to 30 June 1999 by floodplain harvesting activities for which floodplain harvesting (unregulated river) access licences may be issued in these water sources, plus
(d) the estimated annual take of water from these water sources by plantation forestry that existed on 30 June 2009.
Note— Plantation forestry is defined in the Dictionary.
Following the end of each water year, the Minister is to calculate the total annual extraction from these water sources based on the following—
(a) the take of water by basic landholder rights and access licences in that water year,
(b) the estimated take of water by plantation forestry in that water year,
(c) until such time as it is included under paragraph (a), the estimated take of water in that water year by floodplain harvesting, for which floodplain harvesting (unregulated river) access licences may be issued in that water source.
Following the calculation under clause 33, the Minister is to compare the average of the total annual extraction for these water sources over the preceding three water years against the respective long-term average annual extraction limit.
There is non-compliance with a long-term average annual extraction limit if the average of the total annual extraction over the preceding five water years exceeds the long-term average annual extraction limit by 5% or more.
Subject to any variation in accordance with subclause (2), the long-term average sustainable diversion limit for these water sources is the component of the baseline diversion limit for the Macquarie-Castlereagh SDL resource unit as calculated in accordance with Schedule 3 of the Basin Plan, that in the Minister’s opinion is attributable to these water sources.
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 specified in Schedule 2 of the Basin Plan covers extractions from—
(i) the Macquarie and Cudgegong Regulated Rivers Water Source,
(ii) the Macquarie Bogan Unregulated Rivers Water Sources, and
(iii) the Castlereagh Unregulated River Water Sources.
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 these water sources 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 these water sources.
Under the Basin Plan take of licensed environmental water and 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 36 after the end of each water year, 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 (4), if an assessment under clauses 34 or 37 demonstrates non-compliance with either the long-term average annual extraction limit for these water sources or the long-term average sustainable diversion limit, the Minister is to take the following actions for the water year after the assessment—
(a) make available water determinations for unregulated river access licences of less than 1 ML per unit share,
(b) make available water determinations for unregulated river (special additional high flow) access licences of—
(i) less than 1 ML per unit share, and
(ii) equal to 80% of the available water determinations for unregulated river access licences.
The Minister may take the action specified in subclause (1) if an assessment under clause 37 would have demonstrated non-compliance with the long-term average sustainable diversion limit but for there being a reasonable excuse, as provided for in Division 2 of Part 4 of Chapter 6 of the Basin Plan.
An action taken in accordance with subclause (1) and (2) is to 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 these water sources to the long-term average annual extraction limit, or
(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.
An action taken in accordance with subclause (1) and (2) to meet the requirements of Division 2 of Part 4 of Chapter 6 of the Basin Plan is to only apply to a water source to the extent to which extractions from the water source—
(a) have caused non-compliance with the long-term average sustainable diversion limit, or
(b) would have caused non-compliance with the long-term average sustainable diversion limit but for there being a reasonable excuse.
Available water determinations for access licences with share components that specify 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 megalitres per year (ML/year), or
(b) megalitres per unit share for access licences where share components are specified as a number of unit shares.
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 for all access licences where share components are specified as ML/year, or
(b) 1 megalitre per unit share of the access licence share component for all access licences where share components are specified as a number of unit shares.
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, at the commencement of each water year an available water determination of 100% of the access licence share component is to be made for major utility access licences.
Unless the Minister otherwise determines, at the commencement of each water year an available water determination of 1 ML per unit of access licence share component or such lower amount that is determined in accordance with clause 37A is to be made for unregulated river access licences.
Division 4 of this Part provides for the making of available water determinations for unregulated river access licences that are less than 1 ML per unit of share component where the long-term average annual extraction limit or the long-term average sustainable diversion limit for these water sources has been assessed to have been exceeded.
Unless the Minister otherwise determines, at the commencement of each water year an available water determination of 1 ML per unit of access licence share component or such lower amount that is determined in accordance with clause 37A is to be made for unregulated river (special additional high flow) access licences.
Division 4 of this Part provides for available water determinations for unregulated river (special additional high flow) access licences that are less than 1 ML per unit of share component, and equal to 80% of the available water determinations for unregulated river access licences, where the long-term average annual extraction limit or the long-term average sustainable diversion limit for these water sources has been assessed to have been exceeded.
(Repealed)
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 unregulated river (regulated supply—local water utility) access licences.
Unregulated river (regulated supply—local water utility) access licences allow the licence holder to extract, from an unregulated river water source, water that has been first extracted from a regulated river water source under a local water utility access licence and then transferred to the unregulated river water source. The rules in Part 8 of this Plan place volume restrictions on extractions under unregulated river (regulated supply—local water utility) access licences to ensure that no more water is taken from the unregulated river water source than is supplied from the regulated river water source.
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 unregulated river (regulated supply) access licences.
Unregulated river (regulated supply) access licences allow the licence holder to extract, from an unregulated river water source, water that has been first extracted from a regulated river water source under a regulated river (general security) or regulated river (high security) licence and then transferred to the unregulated river water source. The rules in Part 8 of this Plan place volume restrictions on extractions under unregulated river (regulated supply) access licences to ensure that no more water is taken from the unregulated river water source than is supplied from the regulated river water source.
This Part is made in accordance with sections 20 and 61 of the Act.
Access licences granted in these water sources are subject to mandatory conditions and may be subject to discretionary conditions.
Applications may be made for unregulated river (regulated supply—local water utility) access licences and unregulated river (regulated supply) access licences in these water sources.
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 10ML/year.
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.
An unregulated river (regulated supply—local water utility) access licence must not be granted unless it is for the purpose of taking of water that has been extracted from a regulated river water source under a local water utility access licence and then transferred to the unregulated river water source.
An unregulated river (regulated supply) access licence must not be granted unless it is for the purpose of taking of water that has been extracted from a regulated river water source under a regulated river (high security) access licence or a regulated river (general security) access licence and then transferred to the unregulated river water source.
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.
Section 61 of the Act allows for a person to apply for a specific purpose access licences where the regulations or relevant water sharing plan provides that an application can be made.
(Repealed)
The Act provides for the keeping of water allocation accounts for access licences. The rules in this Division 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 water sources.
For the period of the first three water years of this Plan, water taken under a domestic and stock access licence, a local water utility access licence, a major utility access licence or an unregulated river 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 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 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 a domestic and stock access licence, a local water utility access licence, a major 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,
(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),
(iii) the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act in those three water years, and
(iv) any water allocations recredited to the water allocation account for the access licence in accordance with section 76 of the Act in those three water years, or
(b) the sum of—
(i) the share component of the access licence at the beginning of the first of those three water years,
(ii) the share component of the access licence at the beginning of the second of those three water years,
(iii) the share component of the access licence at the beginning of the third of those three water years,
(iv) the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act in those three water years, and
(v) any water allocations recredited to the water allocation account for the access licence in accordance with section 76 of the Act in those three water years.
In any water year in which this Plan has effect, water taken under an unregulated river (special additional high flow) 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.
The maximum water allocation that can be carried over from one water year to the next in the water allocation account for a domestic and stock access licence, a local water utility access licence, a major utility access licence, an unregulated river access licence, an unregulated river (regulated supply—local water utility) access licence or an unregulated river (regulated supply) 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.
Water allocations remaining in the water allocation account for an unregulated river (special additional high flow) access licence cannot be carried over from one water year to the next.
A licence holder may notify the Minister of the licence holder’s intent to have water that would otherwise be permitted to be taken under that access licence protected from extraction.
The licence holder must make, and the Minister must assess, a notification under subclause (1) in accordance with the Active Management Procedures Manual.
The water allocation account of an access licence referred to in subclause (1) is to be debited by an amount determined by the Minister, in accordance with the Active Management Procedures Manual.
This clause 51 commences on 1 December 2020 (clause 3 (2) of this Plan).
Part 12 of this Plan allows for amendments to be made to this Division.
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 clause applies to the taking of water under an access licence from these water sources, excluding the taking of water under an access licence used in association with an aquifer interference activity.
Subject to subclause (32), 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—
(a) the taking of water from an in-river pool or an off-river pool, or
Note— Visible flow ,in-river pool andoff-river pool are defined in the Dictionary.(b) the taking of water under an access licence with a share component or extraction component that specifies—
(i) the Lower Nyngan Weir Pool Management Zone in the Bulbodney Grahway Creek Water Source,
(ii) the Upper Nyngan Weir Pool Management Zone in the Bulbodney Grahway Creek Water Source,
(iii) the Campbells River Downstream Management Zone in the Campbells River Water Source,
(iv) the Ewenmar Creek Water Source,
(v) the Lower Macquarie River Upstream Management Zone in the Lower Macquarie River Water Source,
(vi) the Macquarie River above Bathurst Management Zone in the Macquarie River above Burrendong Water Source, or
(vii) the Queen Charlottes Vale Evans Plains Creek Downstream Management Zone in the Queen Charlottes Vale Evans Plains Creek Water Source.
Subject to subclause (32), water must not be taken under an access licence from an in-river pool or an off-river pool when the volume in that pool is less than the full capacity of the pool. This subclause does not apply to an access licence listed in Schedule 2.
Subject to subclause (32), an access licence specified in Column 1 of Schedule 2 is subject to the access rules specified in Column 2 for the water sources specified in Column 3 of Schedule 2.
This subclause establishes access rules for the access licences located on in-river pools,, off-river pools and in-river dams that are listed in Schedule 2.
The cease to take condition that arises from subclause (4) applies only to—
(a) any water supply works that were nominated by the access licence at the commencement of this Plan, and
(b) water supply works that are nominated by the access licence following a dealing under 71W of the Act and are located on the same in-river pool, off-river pool or in-river dam as the water supply works nominated by the access licence at the commencement of this Plan.
The cease to take condition that arises from subclause (4) will apply to a water supply work nominated by an access licence that is granted as a result of a subdivision of the original access licence under section 71P (1) (a) of the Act, if that water supply work was nominated by the original access licence at the commencement of this Plan or is located on the same in-river pool, off-river pool or in-river dam as the water supply works nominated by the access licence at the commencement of this Plan. For the purposes of this subclause, the original access licence will include the replacement access licence arising from the Water Act 1912 entitlement together with any subsequent access licences that may arise from future subdivisions of those licences.
Subject to subclause (32), water must not be taken under an access licence with a share component that specifies the Ewenmar Creek Water Source if there is no visible flow in Ewenmar Creek at the Oxley Highway Bridge.
Subject to subclause (32), water must not be taken under an access licence with an extraction component that specifies the Lower Nyngan Weir Pool Management Zone in the Bulbodney Grahway Creek Water Source when the water level is at or below 50% of the full capacity of Lower Nyngan Weir Pool. For the purposes of this subclause, the Minister may determine a water level at the telemetric gauge on the Bogan River at Nyngan (421138) that is to be considered equivalent to 50% of the full capacity of Lower Nyngan Weir Pool.
Subject to subclause (32), water must not be taken under an access licence with an extraction component that specifies the Upper Nyngan Weir Pool Management Zone in the Bulbodney Grahway Creek Source when the water level in the Upper Nyngan Weir Pool is 70 centimetres or more below the concrete sill of Upper Nyngan Weir.
Subject to subclauses (11) and (32), the taking of water under an access licence with an extraction component that specifies the Lower Nyngan Weir Pool Management Zone or the Upper Nyngan Weir Pool Management Zone in the Bulbodney Grahway Creek Water Source must not be commenced following a period in which access was suspended under subclause (8) or (9) unless—
(a) there is a visible flow in the Bogan River at Neurie Plains gauge (421039), and
(b) water has spilled over Lower Nyngan Weir.
Subclause (10) does not apply to the taking of water under an access licence where—
(a) the licence holder also holds an access licence with a share component that nominates the Macquarie and Cudgegong Regulated Rivers Water Source at the time of the taking of the water and has ordered water under that access licence to be delivered to Lower Nyngan Weir Pool or Upper Nyngan Weir Pool via the Albert Priest Channel,
(b) the licence holder is a member of the Albert Priest Channel Association,
(c) the volume of water taken is less than or equal to 80% of the volume of water ordered, and
(d) the water is taken within 30 days of the delivery of the water to Upper Nyngan Weir Pool.
Water must not be taken under an unregulated river (regulated supply—local water utility) access licence or an unregulated river (regulated supply) access licence with an extraction component that specifies the Lower Nyngan Weir Pool Management Zone or the Upper Nyngan Weir Pool Management Zone in the Bulbodney Grahway Creek Water Source unless—
(a) the licence holder also holds an access licence with a share component that nominates the Macquarie and Cudgegong Regulated Rivers Water Source at the time of the taking of the water and has ordered water under that access licence to be delivered to the unregulated river water source that is specified in the share component of the unregulated river (regulated supply—local water utility) access licence or unregulated river (regulated supply) access licence, and
(b) the volume of water taken is less than or equal to 70% of the volume of water ordered.
Water must not be taken under an unregulated river (regulated supply—local water utility) access licence or an unregulated river (regulated supply) access licence with an extraction component that does not specify the Lower Nyngan Weir Pool Management Zone or the Upper Nyngan Weir Pool Management Zone in the Bulbodney Grahway Creek Water Source, unless—
(a) a licence holder who holds an access licence with a share component that nominates the Macquarie and Cudgegong Regulated Rivers Water Source at the time of the taking of the water has ordered water under that access licence to be delivered to the unregulated river water source that is specified in the share component of the unregulated river (regulated supply—local water utility) access licence or unregulated river (regulated supply) access licence for the purpose of taking the water under the unregulated river (regulated supply—local water utility) access licence or unregulated river (regulated supply) access licence, and
(b) the volume of water taken is less than or equal to the volume of water ordered.
Subject to subclause (32), water must not be taken under an access licence with an extraction component that specifies the Lower Macquarie River Upstream Management Zone in the Lower Macquarie River Water Source when flow at the Oxley gauge (421022) is equal to or less than 500 megalitres per day (hereafter ML/day).
At the Oxley gauge (421022), 500 ML/day corresponds to the estimated 46
Subject to subclause (32), water must not be taken under an access licence with an extraction component that specifies one of the following management zones when the volume of water in Ben Chifley Dam water storage is at or below 700.14 metres at the storage gauge at Ben Chifley Dam (site number 563008)—
80SL030455 | Lower Macquarie River | The licensed work shall not be used for the purpose of irrigation unless the flow of water in the Macquarie River at the Bells Bridge gauge is equal to, or greater than, 50 megalitres per day (such reading corresponding to a reading on the said gauge of 1.05 metres) or such other reading as may be determined from time to time. |
80SL030628 | Lower Macquarie River | The licensed work shall not be used for the purpose of irrigation unless the flow of water in the Macquarie River at the Bells Bridge gauge is equal to, or greater than 50 megalitres per day (such discharge corresponding to a reading on the said gauge of 1.05 metres or such other reading as may be determined from time to time). |
80SL047504 | Lower Macquarie River | The licensed work shall not be used for the purpose of irrigation unless the flow of water in the Macquarie River at the Oxley gauge is equal to, or greater than, 500 megalitres per day (such discharge corresponding to a reading on the said gauge of 2.09 metres or such other reading as may be determined from time to time). |
80SL049445 | Lower Macquarie River | The licensed work shall not be used for the purpose of irrigation unless the flow of water in the Macquarie River at the Miltara gauge is equal to, or greater than 100 megalitres per day (such reading corresponding to a reading off 0.62 metres) and simultaneously the flow of water at the Bells Bridge is equal to, or greater than 50 megalitres per day (such discharge corresponding to a reading on the said gauge of 0.71 metres) or such other reading as may be determined from time to time. |
80SL049446 | Lower Macquarie River | The licensed work shall not be used for the purpose of irrigation unless the flow of water in the Macquarie River at the Miltara gauge is equal to, or greater than, 100 megalitres per day (such discharge corresponding to a reading on the said gauge of 0.62 metres or such other reading as may be determined from time to time. |
80SL095209 | Lower Macquarie River | The licensed work shall not be used for the purpose of irrigation unless the flow of water in the Macquarie River at the Oxley gauge is equal to, or greater than, 500 megalitres per day (such discharge corresponding to a reading on the said gauge of 2.09 metres or such other reading as may be determined from time to time). |
80SL096132 | Lower Macquarie River | The licensed work shall not be used for the purpose of irrigation unless the flow of water in the Macquarie River at the Miltara gauge is equal to, or greater than 100 megalitres per day (such reading corresponding to a reading off 0.62 metres) and simultaneously the flow of water at the Bells Bridge is equal to, or greater than 50 megalitres per day (such discharge corresponding to a reading on the said gauge of 0.71 metres) or such other reading as may be determined from time to time. |
80SL096140 | Lower Macquarie River | The licensed work shall not be used for the purpose of irrigation unless there is a flow of not less than 75 megalitres per day passing the offtake of the pump sump channel. Such discharge is equivalent to a height of 0.95 metres (or such other reading as may be determined from time to time) on the Bells Bridge gauge. |
80SL095238 | Lower Talbragar River | The licensed work shall not be used for the purpose of irrigation unless there is a clearly visible flow in the Talbragar River at Cobbora bridge adjacent to lot 48 DP 754301, parish of Cobbora, county of Lincoln. |
80SL096207 | Macquarie above Burrendong | The licensed work shall not be used for the purpose of irrigation unless there is a visible flow in the Macquarie River at the rock bar adjacent to lot 7005 DP 93448, parish of Piper, county of Roxburgh, located immediately upstream of the Freemantle road bridge. |
80SL096264 | Macquarie River above Burrendong | The licensed work shall not be used for the purpose of irrigation unless there is a visible flow in the Macquarie River at the rock bar adjacent to lot 7005 DP 93448, parish of Piper, county of Roxburgh, located immediately upstream of the Freemantle road bridge. |
80SL037406 | Marra Creek | The licensed work shall not be used for the purpose of irrigation unless the flow in Marra Creek at the Yarrawin gauge is in excess of 24 megalitres per day such flow being equivalent to a reading of 0.21 metres on the said gauge or such other reading as may be determined from time to time. |
80SL095027 | Marthaguy Creek | The licensed work shall not be used to divert water unless the flow in Marthaguy Creek is 0.5 metres above the concrete footing of the left bank bridge pier of the Wonbobbie bridge over the Marthaguy Creek located on portion e35, parish of Driel, county of Ewenmar. |
80SL096358 | Marthaguy Creek | The licensed work shall not be used for the purpose of irrigation unless the flow of water in Marthaguy Creek at the Carinda Gauge is greater than 50 megalitres per day (such discharge corresponding to a reading on the said gauge of 0.53 metres or such other as may be determined from time to time). |
80SL009679 | Molong Creek | The licensed work shall not be used for the purpose of irrigation unless the flow of water through the v-notch weir located behind the Molong railway station is in excess of 150 millimetres in depth, which represents a flow of approximately 1.05 ML per day. |
80SL012043 | Molong Creek | The licensed work shall not be used for the purpose of irrigation unless there is a visible flow of water in Molong Creek under the road bridge on the Molong-Wellington road located within portion 5, parish of Bell, county of Ashburnham. |
80SL014887 | Molong Creek | The licensed work shall not be used for the purpose of irrigation unless the flow of water through the v-notch weir located behind the Molong railway station is in excess of 150 millimetres in depth, which represents a flow of approximately 1.05 ML per day. |
80SL033794 | Molong CreekInnes | The authorised work shall not be used for the purpose of irrigation unless there is a visible flow of water in Molong Creek under the road bridge on the Molong-Wellington road located within portion 5, parish of Bell, county of Ashburnham. |
80SL035146 | Molong Creek | The authorised work shall not be used for the purpose of irrigation unless the level of the flow in Molong Creek at the road bridge located within portion 86, parish of Towac, county of Wellington, is at least 50 millimetres above the sill level of the said bridge, as indicated by the gauge plate attached to a pier of the bridge on the upstream side and there is a visible flow of water over the spillway section of the Lake Canobolas dam. |
80SL035547 | Molong Creek | The authorised work shall not be used for the purpose of irrigation unless there is a visible flow of water in Molong Creek under the road bridge on the Molong-Wellington road located within portion 5, parish of Bell, county of Ashburnham. |
80SL038575 | Molong Creek | The licensed work shall not be used for the purpose of irrigation unless the level of the flow in Molong Creek at the road bridge located within portion 86, DP 756910, parish of Towac, county of Wellington, is at least 50 millimetres above the sill level of the said bridge, as indicated by the gauge plate attached to a pier of the bridge on the upstream side and there is a visible flow of water over the spillway section of the Lake Canobolas dam. |
80SL039198 | Molong Creek | The licensed work shall not be used for the purpose of irrigation unless the flow of water through the v-notch weir located behind the Molong railway station is in excess of 150 millimetres in depth, which represents a flow of approximately 1.05 ML per day. |
80SL043699 | Molong Creek | The licensed work shall not be used for the purpose of irrigation unless the flow of water through the v-notch weir located behind the Molong railway station is in excess of 150 millimetres in depth, which represents a flow of approximately 1.05 ML per day. |
80SL044280 | Molong Creek | The licensed work shall not be used for the purpose of irrigation unless the level of the flow in Molong Creek at the road bridge located within portion 86, parish of Towac, county of Wellington, is at least 50 millimetres above the sill level of the said bridge, as indicated by the gauge plate attached to a pier of the bridge on the upstream side and there is a visible flow of water over the spillway section of the Lake Canobolas dam. |
80SL044346 | Molong Creek | The licensed work shall not be used for the purpose of irrigation unless there is a visible flow of water in Molong Creek under the road bridge on the Molong-Wellington road located within lot 5 DP 750133, parish of Bell, county of Ashburnham. |
80SL045168 | Molong Creek | The licensed work shall not be used for the purpose of irrigation unless the flow of water through the v-notch weir located behind the Molong railway station is in excess of 150 millimetres in depth, which represents a flow of approximately 1.05 ML per day. |
80SL046780 | Molong Creek | The licensed work on Molong Creek shall not be used for the purpose of irrigation or to augment the supply of water in the unnamed watercourse unless the level of the flow in Molong Creek at the road bridge located within lot 86 DP 756910, parish of Towac, county of Wellington, is at least 50 millimetres above the sill of the said bridge, as indicated by the gauge plate attached to a pier of the bridge on the upstream side and there is a visible flow of water over the spillway section of the Lake Canobolas dam. |
80SL047273 | Molong Creek | The licensed work shall not be used to extract water from Heifer Station Creek for irrigation purposes unless there is a visible flow equal to, or greater than, 1.50 megalitres per day such discharge corresponding to a reading of 0.36 metres (or such other reading as may be determined from time to time) on a gauge established on the left bank of Molong Creek, within t.s. and c.r. 111, parish of Borenore, county of Wellington and the flow of water through the v-notch weir located within portion 96, parish of Borenore, county of Wellington, on Molong Creek, is in excess of 150 millimetres in depth, which represents a flow of approximately 1.00 ML per day. |
80SL047515 | Molong Creek | The licensed work shall not be used for the purpose of recreation unless the flow of water through the v-notch weir located behind the Molong railway station is in excess of 150 millimetres in depth, which represents a flow of approximately 1.05 ML per day. |
80SL051842 | Molong Creek | The licensed work shall not be used to supply water to the occupiers of lot 1 DP 1054393, lots 2 - 4 DP 1065466 and to the lots in the proposed subdivision of lots 18 19 20 section J DP 977127 unless the flow of water through the v-notch weir located behind the Molong railway station is in excess of 150 mm in depth, which represents a flow of approximately 1.05 ML per day. |
80SL095217 | Molong Creek | The licensed work shall not be used for the purpose of irrigation unless the flow of water through the v-notch weir located behind the Molong railway station is in excess of 150 millimetres in depth, which represents a flow of approximately 1.05 ML per day. |
80SL095255 | Molong Creek | The licensed work shall not be used for the purpose of irrigation unless the level of flow in Molong Creek at the road bridge located within portion 86, DP 756910, parish of Towac, county of Wellington, is at least 50 millimetres above the sill level of the said bridge, as indicated by the gauge plate attached to a pier of the bridge on the upstream side and there is a visible flow of water over the spillway section of the Lake Canobolas dam. |
80SL095278 | Molong Creek | The licensed work shall not be used for the purpose of irrigation unless the flow of water through the v-notch weir located behind the Molong railway station is in excess of 150 millimetres in depth, which represents a flow of approximately 1.05 ML per day. |
80SL096156 | Molong Creek | The authorised work shall not be used for the purpose of irrigation unless there is a visible flow of water in Molong Creek under the road bridge on the Molong-Wellington road located within portion 5, parish of Bell, county of Ashburnham. |
80SL096169 | Molong Creek | The authorised work shall not be used for irrigation unless there is a visible flow of water in Molong Creek under the road bridge on the Molong - Wellington road located within lot 5 DP 750133 parish of Bell county of Ashburnham. |
80SL096291 | Molong Creek | The authorised work shall not be used for the purpose of irrigation unless the level of the flow in Molong Creek at the road bridge located within lot pt 86 DP 756910, parish of Towac, county of Wellington, is at least 50 millimetres above the sill level of the said bridge, as indicated by the gauge plate attached to a pier of the bridge on the upstream side and there is a visible flow of water over the spillway section of the Lake Canobolas dam. |
80SL096302 | Molong Creek | The licensed work shall not be used for the purpose of irrigation unless the level of flow in Molong Creek at the road bridge located within lot pt 86 DP 756910, parish of Towac, county of Wellington, is at least 50 millimetres above the sill level off the said bridge, as indicated by the gauge plate attached to a pier of the bridge on the upstream side and there is a visible flow of water over the spillway section of the Lake Canobolas dam. |
80SL045071 | Piambong Creek | The licensed work shall not be used for the purpose of irrigation unless there is a visible flow of water passing under the road bridge on Ben Buckley road, located in the south-eastern corner of portion 26, parish of Biraganbil, county of Wellington. |
80SL015276 | Pipeclay Creek | The licensed work shall not be used for the purpose of irrigation unless there is a visible flow in that section of Eurundury Creek, fronting lot 95 DP 755418, parish of Bumberra, county of Phillip. |
80SL026862 | Queen Charlottes Vale Evans Plains Creek | The licensed work shall not be used for the purpose of irrigation unless there is a clearly visible flow in Georges Plains Creek immediately upstream of Native Home bridge on the Newbridge road. |
80SL026862 | Queen Charlottes Vale Evans Plains Creek | The licensed work shall not be used for the purpose of irrigation unless a flow of 8 litres per second is maintained through the 300 millimetre pipe under the concrete road crossing located on the property “Native Home”, at the south east corner of portion 24, parish of Gratham, county of Bathurst. |
80SL038474 | Queen Charlottes Vale Evans Plains Creek | The licensed work shall not be used for the purpose of irrigation unless there is a clearly visible flow in Georges Plains Creek immediately upstream of Native Home bridge on the Newbridge road. |
80SL038474 | Queen Charlottes Vale Evans Plains Creek | The licensed work shall not be used for the purpose of irrigation unless a flow of 8 litres per second is maintained through the 300 millimetre pipe under the concrete road crossing located on the property “Native Home”, at the south east corner of lot 24 DP 750385, parish of Gratham, county of Bathurst. |
80SL044741 | Queen Charlottes Vale Evans Plains Creek | The licensed work shall not be used for the purpose of irrigation unless there is a visible flow at the Bathurst-Orange road bridge located within portion 2 rem, parish of Mount Pleasant, county of Bathurst. |
80SL046136 | Queen Charlottes Vale Evans Plains Creek | The licensed work shall not be used for the purpose of irrigation unless there is a clearly visible flow in Georges Plains Creek immediately upstream of Native Home bridge on the Newbridge road. |
80SL046136 | Queen Charlottes Vale Evans Plains Creek | The licensed work shall not be used for the purpose of irrigation unless a visible flow of 8 litres per second is maintained through the 300 millimetre pipe under the concrete road crossing located on the property “Native Home”, at the south east corner of portion 24, DP 750385 parish of Gratham, county of Bathurst. |
80SL048300 | Queen Charlottes Vale Evans Plains Creek | The licensed pump shall not be used for the purpose of irrigation unless there is a visible flow in Evans Plains Creek at the concrete road bridge at the south western corner of lot 49 DP 750373, parish of Cole, county of Bathurst. |
80SL095038 | Queen Charlottes Vale Evans Plains Creek | The licensed pump shall not be used for irrigation unless there is a visible flow in the Evans Plains Creek at the concrete road bridge at the south west corner of portion 49, parish of Cole, county of Bathurst. |
80SL095048 | Queen Charlottes Vale Evans Plains Creek | The licensed works shall not be used for the purpose of irrigation or to supply stock and domestic water to the occupiers of lots 1 to 8, DP 817711 unless there is a visible flow under the road bridge located on the Mid Western Highway adjacent to lot 5 DP 750397, Parish of Mount Pleasant, County of Bathurst. |
80SL095124 | Queen Charlottes Vale Evans Plains Creek | The licensed work shall not be used for the purpose of irrigation unless a flow of 8 litres per second is maintained through the 300 millimetre pipe under the concrete road crossing located on the property “Native Home”, at the south east corner of lot 24 DP 750385 parish Gratham county Bathurst. |
80SL095124 | Queen Charlottes Vale Evans Plains Creek | The licensed work shall not be used for the purpose of irrigation unless there is a clearly visible flow in Georges Plains Creek immediately upstream of Native Home bridge on the Newbridge road. |
80SL095166 | Queen Charlottes Vale Evans Plains Creek | The licensed work shall not be used for the purpose of irrigation unless there is a visible flow under the road bridge located on the Mid Western Highway adjacent to lot 72, DP 192661, parish of Mount Pleasant, county of Bathurst. |
80SL096058 | Queen Charlottes Vale Evans Plains Creek | The licensed work shall not be used for the purpose of irrigation unless a flow in Evans Plains Creek of at least 50 millimetres in depth is passing through the pipe crossing located within lot 8 DP 46484 in the parish of Mount Pleasant, county of Bathurst. |
80SL022418 | Summerhill Creek | Water shall not be diverted by means of the authorised work when the level of the storage of the city of Orange water supply dam, on Gosling Creek near the north-eastern corner of portion 58, parish of Huntley, county of Bathurst, is lower than 3.04 metres below the level of the crest of the sillway of the said dam, provided that, if the council of the city of Orange restricts the water supply to the residents of the city of Orange before the said storage falls below that level, the use of the authorised work shall be restricted to a period not exceeding 4 hours on each alternate day, provided further that, if the said council prohibits the use of water for commercial purposes, such as market gardens, on agricultural lands within the boundaries of that city, water shall not be diverted by means of the authorised work. |
80SL036982 | Summerhill Creek | The licensed work shall not be used for the purpose of irrigation unless there is a visible flow in the said unnamed watercourse at the road crossing immediately upstream from the Great Western Railway, portion 34, parish Huntley, county Bathurst. |
80SL044411 | Summerhill Creek | Water shall not be diverted by means of the licensed work when the level of the storage of the city of Orange water supply dam, near the north-eastern corner of portion 58, parish of Huntley, county of Bathurst, is lower than 1.00 metre below the level of the crest of the spillway of the said dam, provided that, if the council of the city of Orange restricts the water supply to the residents of the city of Orange before the said storage falls below that level, the use of the licensed work shall be restricted to a period not exceeding 4 hours on each alternate day, provided further that, if the said council prohibits the use of water for commercial purposes, such as market gardens, on agricultural lands within the boundaries of that city, water shall not be diverted by means of the licensed work. The licensed work shall not be used for the purpose of diverting water from Spring Creek for the purpose of irrigation unless there is a visible flow in Spring Creek under the Huntley road crossing on the western boundary of portion 268, parish of Huntley, county of Bathurst. |
80SL028915 | Turon Crudine River | The pump shall not be used unless there is a visible flow in Cunningham’s Creek at the bridge on the Mudgee-Lithgow Highway, adjacent to lot 1 DP 1067368 and lot 2 DP 703120, parish of Warranguina, county of Roxburgh. |
80SL034977 | Turon Crudine River | The licensed work shall not be used for the purpose of irrigation unless there is a visible flow at or immediately downstream of the road crossing at the south western corner of lot 2 DP 795858, parish of Tunnabidgee, county of Wellington. |
80SL042574 | Turon Crudine River | The licensed work shall not be used for the purpose of irrigation unless there is a visible flow over the concrete ford across the Turon River between portion 57, parish of Dulabree and portion 50, parish of Stewart, county of Roxburgh. |
80SL051828 | Turon Crudine River | The licensed work shall not be used for the purpose of irrigation unless the flow in the Crudine River exceeds a depth of 25 millimetres across a rock bar located at the downstream boundary being the south - western corner of lot 2 DP 740568, parish of Crudine, county of Roxburgh |
80SL051894 | Turon Crudine River | The licensed work shall not be used for the purpose of irrigation unless there is a visible flow at or immediately downstream of the road crossing at the south-western corner of portion 21, parish of Tunnabidgee, county of Wellington. |
80SL095301 | Turon Crudine River | The licensed work shall not be used for the purpose of water supply to the occupiers of lots 1 to 20 in proposed subdivision of portion 97, parish of Bandamora, county of Roxburgh, unless there is a visible flow of water in the Turon River at the bridge located on the Upper Turon road adjacent to portion 97, parish of Bandamora, county of Roxburgh and portion 14, parish of Turon, county of Roxburgh. |
80SL041452 | Upper Bogan River | The pump on the Bogan River shall not be used unless there is a flow in the Bogan River at the Dandaloo bridge. |
80SL047272 | Upper Bogan River | The licensed work shall not be used to extract water from the Bogan River for irrigation purposes unless there is a flow equal to, or greater than 50 megalitres per day. Such discharge corresponding to a reading of 0.73 metres (or such other reading as may be determined from time to time) on a gauge on a bridge pier (Oak bridge) within a road reserve adjacent to portion 38, parish of Graddle, county of Kennedy. |
80SL050825 | Upper Bogan River | The authorised work shall not be used to extract water from the Bogan River when the level of water stored in the overshot dam is lower than reduced level 249.02 metres (standard height datum) which is equivalent to a level 1.5 metres below the crest of the spillway of the said dam. |
80SL045005 | Upper Cudgegong River | The authorised work shall not be used for the purpose of irrigation from the storage of the dam known as the Great Western Dam, unless there is an inflow into the said dam at the time of pumping. |
80SL095468 | Upper Cudgegong River | The licensed works shall not be used for the purpose of irrigation unless there is a visible flow present in Cox’s Creek at the rock bar on the downstream side of the bridge on Cox’s Creek road located in lot 22 DP 621310, parish of Dabee, county of Phillip. |
80SL026001 | Upper Talbragar River | The authorised work shall not be used for the purpose unless there is a visible flow in the Coolaburragundy River at or near lot 133 DP 750744, parish of Collieblue, county of Bligh. |
80SL026109 | Upper Talbragar River | The licensed work shall not be used for irrigation unless there is a visible flow in the Coolaburragundy River at the Orana road crossing, within lot 8 DP 750745, parish of Collier, county of Bligh. |
80SL031868 | Upper Talbragar River | The pump shall not be used for the purpose of irrigation unless there is a visible flow in the Talbragar River at the flood warning gauging station located at the village of Uarbry. |
80SL035618 | Upper Talbragar River | The authorised work shall not be used for irrigation unless there is a visible flow in the Coolaburragundy River at the Orana road crossing, within portion 8, parish of Collier, county of Bligh. |
80SL017881 | Winburndale Rivulet | The licensed work shall not be used for the purpose of irrigation unless there is a visible flow in Cheshire Creek at or near its junction with Wiagdon Creek in lot 7 DP 755804, parish of Windburn, county of Roxburgh. |
80SL027365 | Winburndale Rivulet | The authorised work shall not be used for the purpose of irrigation unless there is a flow in Winburndale Rivulet at the road crossing at the north-western corner of portion 31, parish of Winburn, county of Roxburgh, equivalent to a depth of 0.05 metres and a width of 0.91 metres. |
80SL039517 | Winburndale Rivulet | The subject pump shall not be used for the purpose of irrigation unless there is a visible flow in Clear Creek over a rock bar located approximately 180 metres upstream from the Limekilns road bridge and within ts 53270, parish of Peel, county of Roxburgh. |
80SL039702 | Winburndale Rivulet | The licensed work shall not be used for the purpose of irrigation unless there is a visible flow of water in Wiagdon Creek in remainder of camping and water reserve 14505, parish of Millah Murrah, county of Roxburgh. |
80SL041036 | Winburndale Rivulet | The authorised work shall not be used for the purpose of irrigation unless there is a visible flow in Cheshire’s or Jesse Creek at or near its junction with Wiagdon Creek in portion 7, parish of Winburn, county of Roxburgh. |
80SL043136 | Winburndale Rivulet | The authorised work shall not be used for the purpose of irrigation unless there is a flow in Winburndale Rivulet at the road crossing at the north-western corner of portion 31, parish of Winburn, county of Roxburgh, equivalent to a depth of 0.05 metres and a width of 0.91 metres. |
80SL048686 | Winburndale Rivulet | The licensed work shall not be used for the purpose of irrigation unless there is a visible flow in the Winburndale Rivulet under the bridge on Limekilns road at the north-eastern corner of lot 2 DP 196810 parish of Peel, county of Roxburgh. |
80SL050857 | Winburndale Rivulet | The licensed work shall not be used for the purpose of irrigation unless there is a visible flow in the Winburndale Rivulet under the bridge on Limekilns road at the north-eastern corner of portion 3, parish of Peel, county of Roxburgh. |
80SL095090 | Winburndale Rivulet | The licensed work shall not be used for the purpose of irrigation or to fill the storages numbered 1 & 2 as specified on the licence, unless the water level in the Winburndale Rivulet at the bridge at the north-western corner of portion 31, parish of Winburn, county of Roxburgh, is flowing at a level greater than 1.68 metres below the upstream right bank concrete abutment to the said bridge. |
80SL095118 | Winburndale Rivulet | The licensed work shall not be used for the purpose of irrigation unless the water level in the Winburndale Rivulet at the bridge at the north-western corner of portion 31, parish of Winburn, county of Roxburgh, is flowing at a level greater than 1.83 metres below the upstream right bank concrete abutment to the said bridge. |
(Repealed)
Water Sharing Plan for the Macquarie Bogan Unregulated Rivers Water Sources 2012 (490) (formerly Water Sharing Plan for the Macquarie Bogan Unregulated and Alluvial Water Sources 2012). LW 4.10.2012. Date of commencement, 4.10.2012, 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 6 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). | |
(30) | Water Sharing Plan for the Macquarie Bogan Unregulated and Alluvial Water Sources Amendment Order 2013. LW 7.2.2014. Date of commencement, on publication on LW, cl 2. | |
No 74 | Water NSW Act 2014. Assented to 11.11.2014. Date of commencement, 1.1.2015, sec 2 and 2014 (839) LW 19.12.2014. | |
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). | |
(361) | Water Sharing Plan for the Macquarie Bogan Unregulated and Alluvial Water Sources Amendment Order 2020. LW 1.7.2020. Date of commencement, 1.7.2020, cl 2. | |
(542) | Water Sharing Plan for the Macquarie Bogan Unregulated Rivers Water Sources Amendment Order 2022. LW 9.9.2022. Date of commencement, on publication on LW, cl 2. | |
(689) | Water Sharing Plan for the Macquarie Bogan Unregulated Water Sources Amendment Order 2022. LW 18.11.2022. Date of commencement, on publication on LW, cl 2. |
Part 1, note | Subst 2020 (361), Sch 1[1]. |
Cl 1 | Am 2020 (361), Sch 1[2]. |
Cl 3 | Subst 2020 (361), Sch 1[3]. |
Cl 4 | Subst 2020 (361), Sch 1[4]. |
Cl 5 | Am 2020 (361), Sch 1[5]. |
Cl 6 | Rep 2020 (361), Sch 1[6]. |
Cl 8 | Am 2020 (361), Sch 1[7]. |
Part 2 | Subst 2020 (361), Sch 1[8]. |
Part 2, note | Subst 2020 (361), Sch 1[8]. |
Cl 8A | Ins 2020 (361), Sch 1[8]. |
Cll 9–12 | Subst 2020 (361), Sch 1[8]. |
Cl 12A | Ins 2020 (361), Sch 1[8]. |
Cl 13 | Am 2020 (361), Sch 1[9]–[11]. |
Cl 14 | Subst 2020 (361), Sch 1[12]. |
Part 4, note | Subst 2020 (361), Sch 1[13]. |
Cl 16 | Subst 2020 (361), Sch 1[14]. |
Cl 17 | Subst 2020 (361), Sch 1[15]. |
Cl 18 | Am 2020 (361), Sch 1[16]. |
Cl 19 | Am 2020 (361), Sch 1[17] [18]. |
Cl 20 | Subst 2020 (361), Sch 1[19]. |
Cl 21 | Am 2020 (361), Sch 1[20]. |
Cl 22 | Am 2020 (361), Sch 1[21]. |
Cl 23 | Am 2020 (361), Sch 1[22] [23]. |
Cll 25, 26 | Rep 2020 (361), Sch 1[24]. |
Part 6 | Subst 2020 (361), Sch 1[25]. |
Part 6, note | Subst 2020 (361), Sch 1[25]. |
Part 6, Div 1 (cl 31) | Subst 2020 (361), Sch 1[25]. |
Part 6, Div 2 (cll 32–34) | Subst 2020 (361), Sch 1[25]. |
Part 6, Div 3 | Ins 2020 (361), Sch 1[25]. |
Part 6, Div 3, note | Ins 2020 (361), Sch 1[25]. |
Cll 35–37 | Subst 2020 (361), Sch 1[25]. |
Part 6, Div 4 (cl 37A) | Ins 2020 (361), Sch 1[25]. |
Part 6, Div 5 | Ins 2020 (361), Sch 1[25]. |
Cll 38–43 | Subst 2020 (361), Sch 1[25]. |
Cll 44, 45 | Rep 2020 (361), Sch 1[25]. |
Cll 46, 47 | Subst 2020 (361), Sch 1[25]. |
Part 7, note | Subst 2020 (361), Sch 1[26]. |
Cl 48 | Am 2020 (361), Sch 1[27] [28]. |
Cl 49 | Rep 2020 (361), Sch 1[29]. |
Cl 50 | Am 2020 (361), Sch 1[30] [31]. |
Cl 51 | Subst 2020 (361), Sch 1[32]. |
Cl 53 | Am 2014 (30), Sch 1 [1]; 2020 (361), Sch 1[33]–[47]; 2022 (689), Sch 1[1] [2]. |
Cl 53A | Ins 2020 (361), Sch 1[48]. |
Cl 54 | Am 2020 (361), Sch 1[49]. |
Cl 55A | Ins 2020 (361), Sch 1[50]. |
Part 9, Div 1, heading | Am 2020 (361), Sch 1[51]. |
Cl 56 | Am 2020 (361), Sch 1[52]. |
Cl 57 | Am 2020 (361), Sch 1[53]–[56]; 2022 (542), Sch 1[1]. |
Part 9, Divs 2, 3 (cll 58–64) | Rep 2020 (361), Sch 1[57]. |
Cl 67 | Am 2020 (361), Sch 1[58]. |
Cl 68 | Am 2020 (361), Sch 1[59]. |
Cl 69 | Am 2020 (361), Sch 1[60] [61]. |
Cl 70 | Am 2020 (361), Sch 1[62] [63]. |
Cl 72 | Am 2020 (361), Sch 1[64] [65]. |
Cl 73 | Am 2020 (361), Sch 1[66] [67]. |
Cl 74 | Am 2020 (361), Sch 1[68]–[71]. |
Cl 75 | Am 2020 (361), Sch 1[68] [72]–[78]. |
Cl 76 | Rep 2020 (361), Sch 1[79]. |
Cl 79 | Rep 2020 (361), Sch 1[80]. |
Cl 80 | Subst 2020 (361), Sch 1[81]. |
Cl 81 | Am 2000 No 92, Sch 12, Part 6 (ins 2018 No 31, Sch 1 [89]); 2020 (361), Sch 1[82]–[88]. |
Cl 82 | Subst 2020 (361), Sch 1[89]. |
Cl 83 | Am 2016 No 27, Sch 2.56. Subst 2020 (361), Sch 1[89]. |
Cl 84 | Subst 2020 (361), Sch 1[89]. |
Cl 86 | Am 2014 (30), Sch 1 [3]; 2020 (361), Sch 1[90]–[93]. |
Cl 87 | Subst 2020 (361), Sch 1[94]. |
Dictionary | Am 2014 No 74, Sch 3.49; 2020 (361), Sch 1[95]. |
Sch 1 | Rep 2020 (361), Sch 1[97]. |
Sch 2 | Am 2020 (361), Sch 1[96] [98]. |
Sch 3 | Am 2020 (361), Sch 1[99]. |
Sch 4 | Am 2020 (361), Sch 1[100]–[103]. |
Sch 5 | Subst 2020 (361), Sch 1[104]. |
Schs 6, 7 | Rep 2020 (361), Sch 1[105]. |
Appendix 1 | Subst 2020 (361), Sch 1[106]. |
Appendix 2 | Subst 2020 (361), Sch 1[107]. |
Appendices 3, 4 | Rep 2020 (361), Sch 1[107]. |
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