Water Sharing Plan for the Murrumbidgee Unregulated River Water Sources 2012 (NSW)
1 Part 12 allows for amendments to be made to Part 1.
2 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.
3 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.
4 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 Murrumbidgee Unregulated River 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 the 4th October 2012.
1 In accordance with section 43 of the Act, this Plan will have effect for 10 years from 1 July 2013.
2 The Minister may extend this Plan for a further period of 10 years after it is due to expire, in accordance with section 43A of the Act.
3 Under the Intergovernmental Agreement on Implementing Water Reform in the Murray-Darling Basin and the associated National Partnership Agreement, NSW has agreed to develop water resource plans for Murray-Darling Basin water resources consistent with the requirements of the Basin Plan. This Plan was amended in 2020, partly to meet NSW’s commitments under these agreements. Certain provisions of this Plan form part of the water resource plan for the Murrumbidgee surface water resource plan area.
4 Basin Plan is defined in the Dictionary.
This Plan applies to the following water sources known as the Murrumbidgee Unregulated River Water Sources (hereafter
(a) Adjungbilly/Bombowlee/Brungle Water Source,
(b) Billabung Water Source,
(c) Bredbo Water Source,
(d) Burkes/Bullenbung Water Source,
(e) Burrinjuck Dam Catchment Water Source,
(f) Burrumbuttock Water Source,
(g) Gilmore/Sandy Water Source,
(h) Goobarragandra Water Source,
(i) Goodradigbee Water Source,
(j) Hillas Water Source,
(k) Houlaghans Water Source,
(l) Jugiong Water Source,
(m) Kyeamba Water Source,
(n) Lake George Water Source,
(o) Lower Billabong Water Source,
(p) Lower Billabong Anabranch Water Source,
(q) Middle Billabong Water Source,
(r) Molonglo Water Source,
(s) Mountain Water Source,
(t) Murrumbidgee (Balranald to Weimby) Water Source,
(u) Murrumbidgee (Gogeldrie to Waldaira) Water Source,
(v) Murrumbidgee Central (Burrinjuck to Gogeldrie) Water Source,
(w) Murrumbidgee I Water Source,
(x) Murrumbidgee II Water Source,
(y) Murrumbidgee III Water Source,
(z) Murrumbidgee North Water Source,
(aa) Murrumbidgee Western Water Source,
(ab) Muttama Water Source,
(ac) Numeralla East Water Source,
(ad) Numeralla West Water Source,
(ae) Queanbeyan Water Source,
(af) Tantangara Water Source,
(ag) Ten Mile Water Source,
(ah) Upper Tumut Water Source,
(ai) Upper Wangamong Water Source,
(aj) Urana Water Source,
(ak) Yarra Yarra Water Source,
(al) Yass Lower Water Source,
(am) Yass Upper Water Source,
(an) Adelong Creek Water Source,
(ao) Cotter Water Source,
(ap) Tarcutta Creek Water Source, and
(aq) Upper Billabong Water Source.
The Murrumbidgee Water Management Area and the Murray Water Management Area were 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 (WSP023_Version 3), Water Sharing Plan for the Murrumbidgee Unregulated River Water Sources 2012 (hereafter
The Plan Map is part of this Plan and is available on 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 shown on the Plan Map, and
(b) in rivers, lakes and wetlands within the boundaries of these water sources shown on the Plan Map.
(Repealed)
These water sources do not include water—
(a) contained in channels used for the purposes of conveying water within the area of operations of an irrigation corporation specified in Schedule 1 of the Act,
(b) contained in the Murrumbidgee Regulated River Water Source to which the Water Sharing Plan for the Murrumbidgee Regulated River Water Source 2016 applies,
(c) occurring naturally on the surface of the ground or in rivers, lakes and wetlands in the area marked as Lowbidgee Area shown on the Plan Map, except all water—
(i) in Talpee Creek within the Murrumbidgee Western Water Source, and
(ii) occurring within Lake Tala in the Murrumbidgee Western Water Source and Five Mile Lagoon within the Murrumbidgee (Gogeldrie to Waldaira) Water Source,
This Plan, as amended by the Water Sharing Plan for the Murrumbidgee Unregulated and Alluvial Water Sources Amendment Order 2016, replaces the Water Sharing Plan for the Adelong Creek Water Source 2003.
This Plan, as amended by the Water Sharing Plan for the Murrumbidgee Unregulated and Alluvial Water Sources Amendment Order 2016, replaces the Water Sharing Plan for the Tarcutta Creek Water Source 2003.
This Plan, as amended by the Water Sharing Plan for the Murrumbidgee Unregulated and Alluvial Water Sources Amendment Order 2016, replaces the Water Sharing Plan for the Upper Billabong Water Source 2003.
This Plan, as amended by the Water Sharing Plan for the Murrumbidgee Unregulated and Alluvial Water Sources Amendment Order 2020, does not apply to the Billabong Creek Alluvial Groundwater Source, Bungendore Alluvial Groundwater Source, Gundagai Alluvial Groundwater Source, Kyeamba Alluvial Groundwater Source, Mid Murrumbidgee Zone 3 Alluvial Groundwater Source and Wagga Wagga Alluvial Groundwater Source. The Water Sharing Plan for the Murrumbidgee Alluvial Groundwater Sources 2020 applies to those water sources.
For the purposes of this Plan, the following water sources are divided into the following management zones—
(a) Adjungbilly/Bombowlee/Brungle Water Source—
(i) Adjungbilly Creek Management Zone,
(ii) Brungle Creek Management Zone,
(iii) Bombowlee Creek Management Zone,
(iv) Killimicat Creek Management Zone, and
(v) Oak Creek Management Zone,
(b) Jugiong Water Source—
(i) Demondrille Creek Management Zone,
(ii) Currawong Creek Management Zone, and
(iii) Jugiong Tributaries Management Zone,
(c) Lower Billabong Water Source—
(i) Lower Billabong Creek Management Zone, and
(ii) Nowranie Creek Management Zone,
(d) Middle Billabong Water Source—
(i) Billabong Creek Upstream of Culcairn Management Zone, and
(ii) Billabong Creek Downstream of Culcairn Management Zone,
(e) Numeralla West Water Source—
(i) Cooma Management Zone, and
(ii) Bunyan Management Zone,
(f) Yass Upper Water Source—
(i) Yass River Upstream of Gundaroo Gauge Management Zone, and
(ii) Yass River Downstream of Gundaroo Gauge Management Zone,
(g) (Repealed)
(h) Tarcutta Creek Water Source—
(i) Borambola Management Zone,
Note— The Borambola Management Zone includes all rivers downstream of the confluence of Tarcutta Creek and Umbango Creek, to the Tarcutta Creek junction with the Murrumbidgee River.
(ii) Westbrook Management Zone, and
Note— The Westbrook Management Zone includes all rivers flowing into and including Tarcutta Creek, to its confluence with Umbango Creek.
(iii) Umbango Management Zone.
Note— The Umbango Management Zone includes all rivers flowing into and including Umbango Creek, to its confluence with Tarcutta Creek.
The management zones in subclause (1) are shown on the Plan Map.
(Repealed)
This Plan establishes the following extraction management units (hereafter
(a) the Unregulated Murrumbidgee Above Burrinjuck Dam Extraction Management Unit, which applies to the corresponding water sources specified in Column 2 of Table A,
(b) the Unregulated Murrumbidgee Below Burrinjuck Dam to Gogeldrie Extraction Management Unit, which applies to the corresponding water sources specified in Column 2 of Table A, and
(c) the Unregulated Murrumbidgee Gogeldrie to Weimby Extraction Management Unit, which applies to the corresponding water sources specified in Column 2 of Table A,
(d) the Unregulated Billabong Extraction Management Unit, which applies to the corresponding water sources specified in Column 2 of Table A.
The EMUs specified in subclauses (2) are shown on the Plan Map.
1 A long-term average annual extraction limit and a long-term average sustainable diversion limit are established in Part 6 of this Plan for each extraction management unit. The long-term average annual extraction limit and long-term average sustainable diversion limit determine the maximum volume of water that may be extracted under access licences and pursuant to basic landholder rights from all water sources within each extraction management unit on a long-term average annual basis.
2 The Unregulated Billabong Extraction Management Unit was established under the Water Sharing Plan for the Upper Billabong Water Source 2003.
Table A—Extraction management units
Column 1—Extraction management unit | Column 2—Water sources | |
(a) | Unregulated Billabong Extraction Management Unit | Burrumbuttock Water Source Lower Billabong Water Source Middle Billabong Water Source Mountain Water Source Ten Mile Water Source Upper Billabong Water Source Upper Wangamong Water Source Urana Water Source Yarra Yarra Water Source |
(b) | Unregulated Murrumbidgee Above Burrinjuck Dam Extraction Management Unit | Bredbo Water Source Burrinjuck Dam Catchment Water Source Cotter Water Source Goodradigbee Water Source Lake George Water Source Molonglo Water Source Murrumbidgee I Water Source Murrumbidgee II Water Source Murrumbidgee III Water Source Numeralla East Water Source Numeralla West Water Source Queanbeyan Water Source Tantangara Water Source Yass Lower Water Source Yass Upper Water Source |
(c) | Unregulated Murrumbidgee Below Burrinjuck Dam to Gogeldrie Extraction Management Unit | Adelong Creek Water Source Adjungbilly/Bombowlee/Brungle Water Source Billabung Water Source Burkes/Bullenbung Water Source Gilmore/Sandy Water Source Goobarragandra Water Source Hillas Water Source Houlaghans Water Source Jugiong Water Source Kyeamba Water Source Murrumbidgee Central (Burrinjuck to Gogeldrie) Water Source Muttama Water Source Tarcutta Creek Water Source Upper Tumut Water Source |
(d) | Unregulated Murrumbidgee Gogeldrie to Weimby Extraction Management Unit | Lower Billabong Anabranch Water Source Murrumbidgee (Balranald to Weimby) Water Source Murrumbidgee (Gogeldrie to Waldaira) Water Source Murrumbidgee North Water Source Murrumbidgee Western Water Source |
This Plan contains various rules. Where appropriate, rules specified in this Plan are given effect by mandatory conditions for access licences and approvals contained in Part 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 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.
1 This Part is made in accordance with section 35 (1) of the Act.
2 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 Murrumbidgee Water Management Area and the Murray 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) social and cultural benefits to urban and rural communities that depend on 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— 1 Target ecological populations is defined in the Dictionary.
2 Target ecological populations in these water sources may include known or predicted populations of the following—
(a) native fish including trout cod, Murray cod, Macquarie perch, southern pygmy perch and flat-headed galaxias,
(b) native vegetation including river red gum and black box communities,
(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.
3 Significant wetlands in these water sources, and the associated ecological communities such as waterbirds and lignum shrublands, are primarily managed by the NSW Environmental Water Manager according to the rules of the Water Sharing Plan for the Murrumbidgee Regulated River Water Source 2016. The targeted objectives, management and monitoring activities for these assets and communities are provided in the MER plan for these water sources.
4 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, in particular to protect connectivity with the Murrumbidgee Regulated River Water Source to support environmental watering of off-river pools and off-river dam pools that may be the intended recipients of environmental water.
Notes— 1 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.
2 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.
3 Connectivity may be within or between these water sources or between these water sources and other water sources.
4 Off-river pools and off-river dam pools that may be the intended recipients of environmental water allowance releases are specified in Schedule 4 of this Plan.
(c) water quality within target ranges for 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 Murrumbidgee Water Resource Plan Area SW9 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— 1 Flow regimes is defined in the Dictionary.
2 The provisions in Division 2 of Part 8 of this Plan establish flow classes that manage the take of water.
(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— 1 In-river pool andoff-river pool are defined in the Dictionary.
2 The provisions in clause 57 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— 1 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 62.
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 longitudinal connectivity within and between these water sources and other connected water sources including the Murrumbidgee Regulated River Water Source.
Note— The provisions in clauses 56 and 57 of this Plan ensure that very low flows are protected from extraction.
(f) prevent the take of water from off-river pools or off-river dam pools that are the intended recipient of environmental water.
Note— The provision in subclause 57 (11) of this Plan ensures that off-river pools or off-river dam pools that are specified in Schedule 4 are protected from pumping when they are the designated recipient of an environmental water release from Burrinjuck Dam water storage or Blowering Dam.
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 contributed to achieving the broad objective.
The performance indicators used to measure the success of the strategies for reaching the targeted environmental objective 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 4 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,
Notes— Trading is a generic term referring to dealings under Division 4 of Part 2 of Chapter 3 of the Act.
(b) to maintain, and where possible improve, access to water for agriculture, surface water-dependent businesses and landholders,
(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 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 Division 4 of Part 6 of this Plan and the flow class and access provisions in Division 2 of 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 provisions in clauses 48 and 48A of this Plan, 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 average annual 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 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 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 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 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 57 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 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 clauses 56 and 57 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 associated with 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 the 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 access to water for basic landholder rights, town water supply, and for licensed domestic and stock purposes,
(b) reserve a portion of 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 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 water utility access licence requirements have been met,
(b) the recorded range or extent of target populations of native fish that are important for recreational fishing,
(c) the recorded takes of native fish that are important for recreational fishing within legal age and size classes,
(d) the recorded values of water quality measurements including salinity, harmful algal blooms, total nitrogen, total phosphorus, pH, water temperature and dissolved oxygen.
In evaluating the effectiveness of the strategies in meeting the objectives in this clause the following will be relevant—
(a) the extent to which the strategies in subclause (3) and provisions in this Plan have been implemented and complied with,
(b) the extent to which the changes in the performance indicators can be attributed to the strategies in subclause (3) and provisions in this Plan,
(c) the extent to which the strategies in subclause (3) support achievement of the social and cultural objectives,
(e) the extent to which external influences on water-dependant 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 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 and groundwater levels in these water sources by having provisions that—
(a) manage the sharing of water in these water sources within the limits of water availability on a long-term average annual basis and the priorities according to which water allocations are to be adjusted as a consequence of any reduction in the availability of water due to an increase in the average annual extraction against the long-term average annual extraction limit 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 in these water sources, contained in Division 2 of Part 8 of this Plan.
Other statutory tools are available to manage 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 these water sources,
(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 Division 2 of Part 8 of this Plan,
Note— The rules in Division 2 of Part 8 of this Plan set flow rates or 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,
(c) the water remaining after water has been taken under basic landholder rights, 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 limits and the long-term average sustainable diversion limits. The provisions in Part 6 provide for a reduction in available water determinations when the long-term average annual extraction limits and the long-term average sustainable diversion limits have been assessed to have been exceeded.
This Part identifies the requirements for water from these water sources for basic landholder rights (Division 2) and for extraction under access licences (Division 3).
The 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.
The water requirements of persons entitled to domestic and stock rights in these water sources are estimated to total 4,385 megalitres per year (hereafter
(a) 91 ML/year in the Adjungbilly/Bombowlee/Brungle Water Source,
(b) 75 ML/year in the Billabung Water Source,
(c) 72 ML/year in the Bredbo Water Source,
(d) 82 ML/year in the Burkes/Bullenbung Water Source,
(e) 45 ML/year in the Burrinjuck Dam Catchment Water Source,
(f) 0 ML/year the Burrumbuttock Water Source,
(g) 67 ML/year in the Gilmore/Sandy Water Source,
(h) 39 ML/year in the Goobarragandra Water Source,
(i) 28 ML/year in the Goodradigbee Water Source,
(j) 113 ML/year in the Hillas Water Source,
(k) 100 ML/year in the Houlaghans Water Source,
(l) 291 ML/year in the Jugiong Water Source,
(m) 75 ML/year in the Kyeamba Water Source,
(n) 178 ML/year in the Lake George Water Source,
(o) 44 ML/year the Lower Billabong Water Source,
(p) 169 ML/year the Lower Billabong Anabranch Water Source,
(q) 156 ML/year the Middle Billabong Water Source,
(r) 103 ML/year in the Molonglo Water Source,
(s) 73 ML/year the Mountain Water Source,
(t) 2 ML/year in the Murrumbidgee (Balranald to Weimby) Water Source,
(u) 34 ML/year in the Murrumbidgee (Gogeldrie to Waldaira) Water Source,
(v) 92 ML/year in the Murrumbidgee Central (Burrinjuck to Gogeldrie) Water Source,
(w) 218 ML/year in the Murrumbidgee I Water Source,
(x) 133 ML/year in the Murrumbidgee II Water Source,
(y) 116 ML/year in the Murrumbidgee III Water Source,
(z) 73 ML/year in the Murrumbidgee North Water Source,
(aa) 476 ML/year in the Murrumbidgee Western Water Source,
(ab) 92 ML/year in the Muttama Water Source,
(ac) 150 ML/year in the Numeralla East Water Source,
(ad) 128 ML/year in the Numeralla West Water Source,
(ae) 133 ML/year in the Queanbeyan Water Source,
(af) 5 ML/year in the Tantangara Water Source,
(ag) 1 ML/year the Ten Mile Water Source,
(ah) 10 ML/year in the Upper Tumut Water Source,
(ai) 50 ML/year the Upper Wangamong Water Source,
(aj) 24 ML/year the Urana Water Source,
(ak) 64 ML/year the Yarra Yarra Water Source,
(al) 87 ML/year in the Yass Lower Water Source,
(am) 338 ML/year in the Yass Upper Water Source,
(an)–(as) (Repealed)
(at) 59 ML/year in the Adelong Creek Water Source,
(au) 0 ML/year in the Cotter Water Source,
(av) 248 ML/year in the Tarcutta Creek Water Source, and
(aw) 51 ML/year in the Upper Billabong Water Source.
1 Domestic and stock rights are set out in Division 1 of Part 1 of Chapter 3 of the Act and must be exercised in accordance with any mandatory guidelines established under the Act with respect to the taking and use of water for domestic consumption or stock watering.
2 Inherent water quality and land use activities may make the water in some areas unsuitable for human consumption. Water from these water sources should not be consumed without first being tested and if necessary, appropriately treated. Such testing and treatment is the responsibility of the water user.
The requirement for water to satisfy native title rights is the water that may be taken in the exercise of native title rights in accordance with the Native Title Act 1993 of the Commonwealth, including—
(a) any determination of native title, and
(b) any indigenous land use agreement.
1 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.
2 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.
3 Native title rights may be exercised in accordance with the Native Title Act 1993 of the Commonwealth, including section 211 of that Act.
The requirement for water under harvestable rights 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 Part 1 of Chapter 3 of the Act.
It is estimated that the share components of domestic and stock access licences authorised to take water from these water sources total 3,458.75 ML/year, distributed as follows—
(a) 20 ML/year in the Adjungbilly/Bombowlee/Brungle Water Source,
(b) 13 ML/year in the Billabung Water Source,
(c) 0 ML/year in the Bredbo Water Source,
(d) 22 ML/year in the Burkes/Bullenbung Water Source,
(e) 105 ML/year in the Burrinjuck Dam Catchment Water Source,
(f) 0 ML/year the Burrumbuttock Water Source,
(g) 70.5 ML/year in the Gilmore/Sandy Water Source,
(h) 12 ML/year in the Goobarragandra Water Source,
(i) 1 ML/year in the Goodradigbee Water Source,
(j) 30 ML/year in the Hillas Water Source,
(k) 12 ML/year in the Houlaghans Water Source,
(l) 59 ML/year in the Jugiong Water Source,
(m) 35 ML/year in the Kyeamba Water Source,
(n) 0 ML/year in the Lake George Water Source,
(o) 2,044 ML/year the Lower Billabong Water Source,
(p) 12 ML/year the Lower Billabong Anabranch Water Source,
(q) 31 ML/year the Middle Billabong Water Source,
(r) 12 ML/year in the Molonglo Water Source,
(s) 7 ML/year the Mountain Water Source,
(t) 0 ML/year in the Murrumbidgee (Balranald to Weimby) Water Source,
(u) 51 ML/year in the Murrumbidgee (Gogeldrie to Waldaira) Water Source,
(v) 123 ML/year in the Murrumbidgee Central (Burrinjuck to Gogeldrie) Water Source,
(w) 59.5 ML/year in the Murrumbidgee I Water Source,
(x) 25 ML/year in the Murrumbidgee II Water Source,
(y) 45 ML/year in the Murrumbidgee III Water Source,
(z) 37 ML/year in the Murrumbidgee North Water Source,
(aa) 36 ML/year in the Murrumbidgee Western Water Source,
(ab) 27 ML/year in the Muttama Water Source,
(ac) 20.25 ML/year in the Numeralla East Water Source,
(ad) 11 ML/year in the Numeralla West Water Source,
(ae) 4 ML/year in the Queanbeyan Water Source,
(af) 0 ML/year in the Tantangara Water Source,
(ag) 0 ML/year the Ten Mile Water Source,
(ah) 2 ML/year in the Upper Tumut Water Source,
(ai) 0 ML/year the Upper Wangamong Water Source,
(aj) 179 ML/year the Urana Water Source,
(ak) 20 ML/year the Yarra Yarra Water Source,
(al) 31 ML/year in the Yass Lower Water Source,
(am) 115 ML/year in the Yass Upper Water Source,
(an)–(as) (Repealed)
(at) 97.5 ML/year in the Adelong Creek Water Source,
(au) 0 ML/year in the Cotter Creek Water Source,
(av) 83 ML/year in the Tarcutta Creek Water Source, and
(aw) 7 ML/year in the Upper Billabong Water Source.
It is estimated that the share components of local water utility access licences authorised to take water from these water sources total 4,960 ML/year, distributed as follows—
(a) 516 ML/year in the Gilmore/Sandy Water Source,
(b) 30 ML/year in the Jugiong Water Source,
(c) 40 ML/year the Lower Billabong Water Source,
(d) 250 ML/year in the Molonglo Water Source,
(e) 2,236 ML/year in the Murrumbidgee I Water Source,
(f) 5 ML/year in the Murrumbidgee II Water Source,
(g) 153 ML/year in the Upper Tumut Water Source,
(h) 1,700 ML/year in the Yass Lower Water Source,
(i)–(m) (Repealed)
(n) 30 ML/year in the Tarcutta Creek Water Source, and
(o) 0 ML/year in all other water sources.
It is estimated that the share components of unregulated river access licences authorised to take water from these water sources total 82,072.85, unit shares, distributed as follows—
(a) 582 unit shares in the Adjungbilly/Bombowlee/Brungle Water Source,
(b) 135 unit shares in the Billabung Water Source,
(c) 236.5 unit shares in the Bredbo Water Source,
(d) 516.5 unit shares in the Burkes/Bullenbung Water Source,
(e) 12 unit shares in the Burrinjuck Dam Catchment Water Source,
(f) 0 unit shares the Burrumbuttock Water Source,
(g) 4,272.75 unit shares in the Gilmore/Sandy Water Source,
(h) 1,652 unit shares in the Goobarragandra Water Source,
(i) 874 unit shares in the Goodradigbee Water Source,
(j) 1,513.1 unit shares in the Hillas Water Source,
(k) 11 unit shares in the Houlaghans Water Source,
(l) 2,206.5 unit shares in the Jugiong Water Source,
(m) 388 unit shares in the Kyeamba Water Source,
(n) 340.5 unit shares in the Lake George Water Source,
(o) 8,140 unit shares the Lower Billabong Water Source,
(p) 1,308 unit shares the Lower Billabong Anabranch Water Source,
(q) 358 unit shares the Middle Billabong Water Source,
(r) 244.5 unit shares in the Molonglo Water Source,
(s) 0 unit shares the Mountain Water Source,
(t) 0 unit shares in the Murrumbidgee (Balranald to Weimby) Water Source,
(u) 15,644 unit shares in the Murrumbidgee (Gogeldrie to Waldaira) Water Source,
(v) 6,980 unit shares in the Murrumbidgee Central (Burrinjuck to Gogeldrie) Water Source,
(w) 1,752.5 unit shares in the Murrumbidgee I Water Source,
(x) 6,584.5 unit shares in the Murrumbidgee II Water Source,
(y) 1,881.2 unit shares in the Murrumbidgee III Water Source,
(z) 903 unit shares in the Murrumbidgee North Water Source,
(aa) 8,040 unit shares in the Murrumbidgee Western Water Source,
(ab) 873 unit shares in the Muttama Water Source,
(ac) 4,288 unit shares in the Numeralla East Water Source,
(ad) 339 unit shares in the Numeralla West Water Source,
(ae) 431 unit shares in the Queanbeyan Water Source,
(af) 0 unit shares in the Tantangara Water Source,
(ag) 0 unit shares the Ten Mile Water Source,
(ah) 40 unit shares in the Upper Tumut Water Source,
(ai) 0 unit shares the Upper Wangamong Water Source,
(aj) 221 unit shares the Urana Water Source,
(ak) 12 unit shares the Yarra Yarra Water Source,
(al) 427 unit shares in the Yass Lower Water Source,
(am) 1,651 unit shares in the Yass Upper Water Source,
(an) 3,778.3 unit shares in the Adelong Creek Water Source,
(ao) 0 unit shares in the Cotter Creek Water Source,
(ap) 5,107 unit shares in the Tarcutta Creek Water Source,
(aq) 330 unit shares in the Upper Billabong Water Source.
It is estimated that the share components of unregulated river (high flow) access licences authorised to take water from these water sources total 0 unit shares in these water sources.
Part 10 of this Plan allows for a specified amount of share components to be traded into these water sources as unregulated river (high flow) access licences. There are no existing access licences of this category, hence the 0 unit shares indicated.
(Repealed)
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 for each extraction management unit,
(b) a long-term average sustainable diversion limit.
This clause applies to the calculation of the following—
(a) the long-term average annual extraction limits under clause 30,
(b) the annual extraction under clause 31,
(c) the annual permitted take under clause 34,
(d) the annual actual take under clause 34.
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 31 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 limits under clause 30 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.
This clause establishes a long-term average annual extraction limit for each of the extraction management units.
The long-term average annual extraction limit for the Unregulated Billabong Extraction Management Unit is the sum of—
(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 from the following water sources—
(i) Burrumbuttock Water Source,
(ii) Lower Billabong Water Source,
(iii) Middle Billabong Water Source,
(iv) Mountain Water Source,
(v) Ten Mile Water Source,
(vi) Upper Wangamong Water Source,
(vii) Urana Water Source,
(viii) Yarra Yarra Water Source,
(ix) Upper Billabong Water Source, plus
(b) the annual water requirements pursuant to basic landholder rights in the following water sources at the commencement of this Plan—
(i) Burrumbuttock Water Source,
(ii) Lower Billabong Water Source,
(iii) Middle Billabong Water Source,
(iv) Mountain Water Source,
(v) Ten Mile Water Source,
(vi) Upper Wangamong Water Source,
(vii) Urana Water Source,
(viii) Yarra Yarra Water Source,
(c) the annual water requirements pursuant to basic landholder rights in the Upper Billabong Water Source at the commencement of the Water Sharing Plan for the Upper Billabong Water Source 2003, plus
(d) the estimated annual take of water from the Unregulated Billabong Extraction Management Unit by plantation forestry that existed on 30 June 2009.
Note— Plantation forestry is defined in the Dictionary.
The long-term average annual extraction limit for the Unregulated Murrumbidgee Below Burrinjuck Dam to Gogeldrie Extraction Management Unit is the sum of—
(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 in the following water sources—
(i) Adjungbilly/Bombowlee/Brungle Water Source,
(ii) Billabung Water Source,
(iii) Burkes/Bullenbung Water Source,
(iv) Gilmore/Sandy Water Source,
(v) Goobarragandra Water Source,
(vi) Hillas Water Source,
(vii) Houlaghans Water Source,
(viii) Jugiong Water Source,
(ix) Kyeamba Water Source,
(x) Murrumbidgee Central (Burrinjuck to Gogeldrie) Water Source,
(xi) Muttama Water Source,
(xii) Upper Tumut Water Source,
(xiii) Adelong Creek Water Source, and
(xiv) Tarcutta Creek Water Source, plus
(b) the annual water requirements pursuant to basic landholder rights in the following water sources at the commencement of this Plan—
(i) Adjungbilly/Bombowlee/Brungle Water Source,
(ii) Billabung Water Source,
(iii) Burkes/Bullenbung Water Source,
(iv) Gilmore/Sandy Water Source,
(v) Goobarragandra Water Source,
(vi) Hillas Water Source,
(vii) Houlaghans Water Source,
(viii) Jugiong Water Source,
(ix) Kyeamba Water Source,
(x) Murrumbidgee Central (Burrinjuck to Gogeldrie) Water Source,
(xi) Muttama Water Source,
(xii) Upper Tumut Water Source, plus
(c) the annual water requirements pursuant to basic landholder rights in the Adelong Creek Water Source at the commencement of the Water Sharing Plan for the Adelong Creek Water Source 2003, plus.
(d) the annual water requirements pursuant to basic landholder rights in the Tarcutta Creek Water Source at the commencement of the Water Sharing Plan for the Tarcutta Creek Water Source 2003, plus
(e) the estimated annual take of water from the Unregulated Murrumbidgee Below Burrinjuck Dam to Gogeldrie Extraction Management Unit by plantation forestry that existed on 30 June 2009.
The long-term average annual extraction limit for the Unregulated Murrumbidgee Above Burrinjuck Dam Extraction Management Unit and the Unregulated Murrumbidgee Gogeldrie to Weimby Extraction Management Unit is the sum of—
(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 in the respective extraction management unit, plus
(b) the annual water requirements pursuant to basic landholder rights in the respective extraction management units at the commencement of this Plan, plus
(c) the estimated annual take of water from the respective extraction management unit by plantation forestry that existed on 30 June 2009.
Following the end of each water year, the Minister is to calculate the total annual extraction from each of the extraction management units 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.
Following the calculation under clause 31, the Minister is to compare the average of the total annual extraction for each extraction management unit 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 three 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 Murrumbidgee SDL resource unit 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.
1 Baseline diversion limit is defined in the Dictionary.
2 The long-term average sustainable diversion limit for the Murrumbidgee surface water SDL resource unit specified in Schedule 2 of the Basin Plan covers extractions from both the Murrumbidgee River Regulated River Water Source and the Murrumbidgee 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.
1 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.
2 Consumptive use andtake are defined in section 4 of the Water Act 2007 of the Commonwealth.
Following the calculation under clause 34 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 32 or 35 demonstrates non-compliance with either a long-term average annual extraction limit for an extraction management unit or the long-term average sustainable diversion limit, the Minister is to take one or both of 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 (high flow) access licences of less than 1 ML per unit share.
The Minister may take one or both of the actions specified in subclause (1) (a) and (1) (b) if an assessment under clause 35 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 the extraction management unit to the respective long-term average annual extraction limit,
(b) in the case of non-compliance with the long-term average sustainable diversion limit—to meet the requirements of Division 2 of Part 4 of Chapter 6 of the Basin Plan,
(c) in the case where non-compliance with the long-term average sustainable diversion limit would have occurred but for there being a reasonable excuse to meet the requirements of Division 2 of Part 4 of Chapter 6 of the Basin Plan.
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.
(Repealed)
Available water determinations for access licences with share components that specify any one of these water sources are to be expressed as either—
(a) a percentage of the share component for access licences where share components are specified 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 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.
(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 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 1 ML per unit of access licence share component or such lower amount that is determined in accordance with clause 36 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 long-term average sustainable diversion limit for the respective extraction management unit 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 36 is to be made for unregulated river (high flow) access licences.
Division 4 of this Part provides for the making of available water determinations for unregulated river (high flow) 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 the respective extraction management unit has been assessed to have been exceeded.
(Repealed)
1 This Part is made in accordance with sections 20 and 61 of the Act.
2 Access licences granted in these water sources are subject to mandatory conditions and may be subject to discretionary conditions.
Section 61 of the Act allows for a person to apply for a specific purpose access licence where the regulations or relevant water sharing plan provides that an application can be made.
(Repealed)
Applications may not be made for a specific purpose access licence of the subcategory “Aboriginal cultural” if the share component of the proposed access licence is more than 10 ML/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 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 teachings, hunting, fishing, gathering and for recreational, cultural and ceremonial purposes.
(Repealed)
The Act and the regulations 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 excluding the Adelong Creek Water Source, the Tarcutta Creek Water Source and the Upper Billabong Water Source.
For the period of the first three water years in which this Plan has effect, water taken under an unregulated river access licence or an unregulated river (high flow) 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 sections 71T or 71V 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 an unregulated river access licence or an unregulated river (high flow) 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 sections 71T or 71V 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 sections 71T or 71V 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 a domestic and stock access licence or a local water utility 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 sections 71T or 71V 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 an unregulated river access licence or an unregulated river (high flow) access licence is equal to 1 ML per unit share of the access licence share component.
Water allocations remaining in the water allocation account for a domestic and stock access licence or a local water utility access licence cannot be carried over from one water year to the next.
The rules in this clause apply to the taking of water under an access licence with a share component that specifies the Adelong Creek Water Source, the Tarcutta Creek Water Source or the Upper Billabong Water Source.
For the period of any three consecutive water years after the first water year in which this Plan has effect, water taken under an access licence must not exceed a volume equal to the lesser of—
(a) the sum of—
(i) water allocations accrued to the water allocation account for the access licence from available water determinations in those three water years,
(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 (3),
(iii) the net amount of any water allocations assigned to or from the water allocation account for the access licence under sections 71T or 71V 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 sections 71T or 71V of the Act in those three water years, and
(v) any water allocations recredited to the water allocation account for the access licence in accordance with section 76 of the Act in those three water years.
The maximum water allocation that can be carried over from one water year to the next in the water allocation account for an access licence is equal to 1 ML per unit share of the access licence share component or 100% of the access licence share component.
(Repealed)
Part 12 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 Plan establishes the flow classes specified in Column 3 of Table B for the sharing of flows on a daily basis in these water sources.
The flow classes in Column 3 of Table B and the flow reference points specified in Column 6 of Table B are established for each water source specified in Column 1 of Table B and each management zone specified in Column 2 of Table B.
Subject to subclause (4), a flow class applies in the respective water source or management zone on the day specified in Column 7 of Table B when the flow (ML/day or height in metres) as measured at the flow reference points specified in Column 6 of Table B is equal to the flow specified in Column 5 of Table B.
If, in the Minister’s opinion, accurate flow data is not available on a particular day from a flow measuring gauge used to determine a flow class, the Minister may determine the flow class that applies for that day and notify the licence holder in writing of the flow class that applies for that day. For the purpose of this subclause, notification includes publishing a notice on the Department’s website.
For the purpose of determining flow classes that apply on a particular day under subclause (4), the Minister may take into consideration evidence of past and current flows and readings at other functioning upstream and downstream gauges.
On days that accurate flow data is not available, holders of access licences may contact the Department’s office at the address listed in Schedule 6 or check the Department’s website to find out what flow class applies on that day.
The flow classes commence in the year specified in Column 4 of Table B.
Only those water sources for which flow classes have been established are shown in Table B.
Table B—Flow Classes
Column 1 | Column 2 | Column 3 | Column 4 | Column 5 | Column 6 | Column 7 |
Water Source | Management Zone | Flow class | Commencement | Flow (ML/day or height in metres) | Flow reference point | Day on which flow class applies |
Adelong Creek Water Source | Very Low Flow Class | Year 4 of this Plan | Less than or equal to 12 ML/day | Adelong Creek at Batlow Road gauge (410061) | Same day | |
A Class | More than 12 ML/day | |||||
Adjungbilly/Bombowlee/Brungle Water Source | Adjungbilly Creek Management Zone | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 14.3 ML/day | Adjungbilly Creek at Darbalara (The Elms) gauge (410038) | Same day |
A Class | Year 1 of this Plan | More than 14.3 ML/day and less than or equal to 20 ML/day | Same day | |||
B Class | Year 1 of this Plan | More than 20 ML/day | Same day | |||
Brungle Creek Management Zone | Very Low Flow Class | Year 1 of this Plan | No visible flow | Brungle Creek at the Gundagai-Tumut-Tumut road bridge | Same day | |
A Class | Year 1 of this Plan | Visible flow | Same day | |||
Bombowlee Creek Management Zone | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 4 ML/day | Bombowlee Creek at Bombowlee gauge (410070) | Same day | |
A Class | Year 1 of this Plan | More than 4 ML/day | Same day | |||
Killimicat Creek Management Zone | Very Low Flow Class | Year 1 of this Plan | No visible flow | Killimicat Creek at the Gundagai Tumut road bridge | Same day | |
A Class | Year 1 of this Plan | Visible flow | Same day | |||
Billabung Water Source | Very Low Flow Class | Year 1 of this Plan | Below or equal to 0.6 metres at the gauge | Billabung Creek at Nangus Road water quality station (41010705 “Billabong Creek at Nangus Road”) | Same day | |
A Class | Year 1 of this Plan | Above 0.6 metres at the gauge | Same day | |||
Bredbo Water Source | Very Low Flow Class | Year 1 of this Plan | No visible flow | Bredbo River at Monaro Highway road bridge | Same day | |
A Class | Year 1 of this Plan | Visible flow | Same day | |||
Gilmore/Sandy Water Source | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 10 ML/day | Gilmore Creek at Gilmore (Willows) gauge (410059) | Same day | |
A Class | Year 1 of this Plan | More than 10 ML/day and less than or equal to 218 ML/day | Same day | |||
B Class | Year 1 of this Plan | More than 218 ML/day | Same day | |||
Goobarragandra Water Source | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 63 ML/day | Goobarra-gandra River at Lacmalac gauge (410057) | Same day | |
A Class | Year 1 of this Plan | More than 63 ML/day and less than or equal to 87 ML/day | Same day | |||
B Class | Year 1 of this Plan | More than 87 ML/day and less than or equal to 118 ML/day | Same day | |||
C Class | Year 1 of this Plan | More than 118 ML/day | Same day | |||
Goodradigbee Water Source | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 45 ML/day | Goodradigbee River at Wee Jasper gauge (410024) | Same day | |
A Class | Year 1 of this Plan | More than 45 ML/day and less than or equal to 78 ML/day | Same day | |||
B Class | Year 1 of this Plan | More than 78 ML/day and less than or equal to 89 ML/day | Same day | |||
C Class | Year 1 of this Plan | More than 89 ML/day | Same day | |||
Hillas Water Source | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 8 ML/day | Hillas Creek at Mt Adrah gauge (410043) | Same day | |
A Class | Year 1 of this Plan | More than 8 ML/day and less than or equal to 87 ML/day | Same day | |||
B Class | Year 1 of this Plan | More than 87 ML/day | Same day | |||
Jugiong Water Source | Demondrille Creek Management Zone | Very Low Flow Class | Year 1 of this Plan | No visible flow | Demondrille Creek at the Huntleigh Road crossing | Same day |
A Class | Year 1 of this Plan | Visible flow | Same day | |||
Currawong Creek Management Zone | Very Low Flow Class | Year 1 of this Plan | No visible flow | Currawong Creek at Neill Street crossing | Same day | |
A Class | Year 1 of this Plan | Visible flow | Same day | |||
Kyeamba Water Source | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 1 ML/day | Kyeamba Creek at Ladysmith gauge (410048) | Same day | |
A Class | Year 1 of this Plan | More than 1 ML/day | Same day | |||
Lower Billabong Water Source | Lower Billabong Creek Management Zone | Very Low Flow Class | Year 1 of this Plan | From 1 January to 30 June: Less than or equal to 80 ML/day on a rising river and less than or equal to 49 ML/day on a falling river. From 1 July to 31 December: Less than or equal to 66 ML/day on a rising river and less than or equal to 49 ML/day on a falling river. | Billabong Creek at Walbundrie gauge (410091) | Same day |
A Class | Year 1 of this Plan | From 1 January to 30 June: more than 80 ML/day on a rising river and more than 49 ML/day on a falling river. From 1 July to 31 December: more than 66 ML/day on a rising river and more than 49 ML/day on a falling river. | Same day | |||
Nowranie Creek Management Zone | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 66 ML/day on a rising river and less than or equal to 60 ML/day on a falling river |
(i) Bredbo Water Source,
(ii) Yass Upper Water Source,
(iii) Murrumbidgee I Water Source, and
(iv) Jugiong Water Source,
(b) amend the very low flow class in the Numeralla East Water Source to less than or equal to 9 ML/day at Numeralla River at the Rose Valley flow gauge (41000206) after year five of the Plan, provided that the Minister is satisfied that the amendment will not have a significant adverse impact on the access licence holders in that water source,
(c) establish new or additional flow classes in any water source, excluding the Adelong Creek Water Source, the Tarcutta Creek Water Source and the Upper Billabong Water Source, where management zones are added or in any water source or management zone that is amended during the term of this Plan as specified in clause 85, provided that the Minister is satisfied that the amendment maintains, to the extent feasible, the same level of access for licence holders in the affected water source or management zone as prior to the establishment of the new or amended water source or management zone,
(d) establish a variable cease to pump access rule in the Murrumbidgee I Water Source, the Murrumbidgee II Water Source or the Goodradigbee Water Source that—
(i) reflects seasonal variations,
(ii) protects Snowy Montane Rivers Increased Flow releases as established in the Snowy Water Inquiry Outcomes Implementation Deed 2002, and
(iii) protects releases made from Tantangara Dam for the ACT,
(e) (Repealed)
(f) establish or assign TDELs in these water sources or management zones following the imposition of an adaptive environmental water condition on an access licence that requires the water to be left in the water source or management zone for environmental purposes,
(g) establish or assign TDELs in these water sources or management zones to protect a proportion of flow within each flow class for the environment,
(h) amend or remove TDELs if TDELs have been established or assigned,
(i) include rules for the establishment, assignment and removal of IDELs,
(j) remove the existing access rules where TDELs and/or IDELs have been established under paragraphs (g) or (i) to protect a proportion of flow within each flow class for the environment,
(k) reinstate access rules that applied at the commencement of this Plan, where TDELs and IDELs have been removed under paragraphs (h) or (i),
(l) amend the existing flow classes and/or flow reference point for the Umbango Management Zone in the Tarcutta Creek Water Source, if in the Minister’s opinion—
(i) the use of the existing flow reference point for the Umbango Management Zone, which is located in the Westbrook Management Zone, has unanticipated outcomes,
(ii) an alternative flow reference point would better facilitate implementation of Umbango Management Zone flow class provisions.
Part 9 may be amended to do any of the following—
(a) amend clause 62 to specify water sources or management zones where water supply work approvals must not be granted or amended to authorise in-river dams on a third or higher order streams,
(b) amend the definition of a replacement surface water supply work in clause 62 (4).
(c), (d) (Repealed)
Part 10 may be amended to permit conversion of regulated river (high security) access licences in the Murrumbidgee Regulated River Water Source to access licences in unregulated river water sources that are upstream of Burrinjuck Dam or Blowering Dam.
Part 11 may be amended in relation to metering and record keeping including in relation to requirements for Logbooks.
The Dictionary may be amended to add, modify and/or remove a definition.
Schedule 1 may be amended to do any of the following—
(a) remove a pool, lagoon or lake from Column 1 of Schedule 1 and to remove the corresponding access rule from Column 3 of Schedule 1,
(b) amend the access rule specified in Column 3 of Schedule 1, or
(c) add a pool, lagoon or lake to Column 1 of Schedule 1 and to specify an access rule in Column 3 of Schedule 1.
Schedule 1A may be amended to—
(a) remove an access licence or Water Act 1912 entitlement specified in Column 1 and the corresponding water source and access rule in Column 2 and Column 4 of the Schedule,
(b) add a new access licence to Column 1 and specify a water source and access rule in Column 2 and Column 4 of the Schedule, if, in the Minister’s opinion—
(i) the cease to take conditions that were specified on the Water Act 1912 entitlement were more restrictive than the access rules specified in clause 57 of this Plan, and
(ii) the access rule to be specified in Column 2 for that access licence is no more restrictive than the cease to take conditions that were specified on the Water Act 1912 entitlement.
Schedule 2 may be amended to add or remove access licences.
Schedule 3 may be amended to add or remove access licences from Column 1 of Schedule 3 and amend, add or remove an access rule from Column 3 of Schedule 3.
Schedule 4 may be amended to add or remove off-river pools or off-river dam pools.
Schedule 5 may be amended to do any of the following—
(a) add a new access licence to clause 1 of Schedule 5, provided that a written request has been made to the Minister and the Minister is satisfied that extraction under the access licence is for a purpose listed in clause 57 (22) (a) or (23) (a) and that the purpose was specified on, or referred to in the conditions of, the Water Act 1912 entitlement that was replaced by the access licence,
(b) add a local water utility access licence or an access licence of the subcategory “Town water supply” to clause 2 of Schedule 5, provided the Minister is satisfied that the water supply system used to take, store and deliver water has not undergone major augmentation since the commencement of this Plan,
(c) remove an access licence or Water Act 1912 entitlement from clause 1 of Schedule 5 if—
(i) an access licence dealing results in water being taken under the licence from a different location,
(ii) an alternative water supply is obtained, or
(iii) the access licence is surrendered or cancelled,
(d) remove a local water utility access licence, an access licence of the subcategory “Town water supply” or a Water Act 1912 entitlement from clause 2 of Schedule 5 if—
(i) the Minister is satisfied that the water supply system used to take, store and deliver water has undergone major augmentation since the commencement of this Plan, or
(ii) the access licence is surrendered or cancelled.
Schedule 5 or part thereof may be deleted if the Minister is satisfied that it is no longer required.
(Repealed)
This Plan may be amended to include rules for the following—
(a) (Repealed)
(b) the management of floodplain harvesting within these water sources,
(c) the shepherding of water,
Note— Shepherding is defined in the Dictionary.(d) any new category of access licence established for the purpose of urban stormwater harvesting,
(e) the interception of water before it reaches a stream or aquifer by plantations or other means,
(f), (g) (Repealed)
(h) to give effect to the protection of any environmental releases made from Snowy Hydro storages within these water sources, or
(i) to give effect to an agreement between the New South Wales Government and the ACT Government for the management of water released from Tantangara Dam for the ACT.
Note— Targeted consultation and notification regarding any amendment to access rules to give effect to an agreement between the New South Wales Government and Snowy Hydro or the ACT Government for the management of water released from Snowy Hydro storages or Tantangara Dam will be undertaken as determined by the Minister.
Consequential amendments may be made to this Plan as a result of an amendment to the Act or regulations.
This Plan may be amended to give effect to, or in connection with, a determination of native title under the Native Title Act 1993 of the Commonwealth.
This Plan may be amended to enable a water resource plan to be accredited under the Water Act 2007 (Cth).
This plan may be amended after year five to provide for rules for the protection of water dependent Aboriginal cultural assets to do any of the following—
(a) identify water dependent Aboriginal cultural assets,
(b) amend the access rules to protect water dependent Aboriginal cultural assets,
(c) restrict the granting and amending of water supply work approvals to protect water dependent Aboriginal cultural assets, and/or
(d) amend the dealing rules to protect water dependent Aboriginal cultural assets.
Any amendment under subclause (5) will take into account the socio-economic impacts of the proposed change and the environmental water requirements of the water source.
Before making an amendment pursuant to subclause (5) the Minister should consult with relevant Government agencies and stakeholders.
This Plan may be amended to give effect to clause 2 of the agreement between NSW and the Commonwealth Governments ratified by the Seat of Government Surrender Act 1909.
Unless otherwise defined in this Plan, words and expressions that are defined in the Act or in the Regulations have the same meaning in this Plan.
(a) a project approved under Part 3A of the Environmental Planning and Assessment Act 1979 (whether before or after its repeal), or
(b) State significant development authorised by a development consent under Part 4 of that Act, or
(c) State significant infrastructure approved under Part 5.1 of that Act.
(a) a pool that is on a flood-runner or floodplain, or
(b) a pool that is on an effluent that only begins to flow during high flows.
In the Dictionary to the Act, a
(a) a wetland, a lagoon, a saltmarsh and any collection of still water, whether perennial or intermittent and whether natural or artificial, and
(b) any water declared by the regulations to be a lake,
whether or not it also forms part of a river or estuary, but does not include any water declared by the regulations not to be a lake.
(a) not within a river or stream (regardless of stream size),
(b) located on a flood-runner or floodplain, or
(c) located on an effluent that only commences to flow during high flows.
Column 1 | Column 2 | Column 3 |
Pool, lagoon or lake | Water Source | Access rules |
Goonerah Lagoon | Murrumbidgee Central (Burrinjuck to Gogeldrie) Water Source | Water must not be taken when the water level of Goonerah Lagoon is more than 3.28 metres below the bench mark established on a gum tree on the right bank of Goonerah Lagoon within Portion 120, Parish of Yarabee, County of Mitchell. |
Flowerdale Lagoon | Murrumbidgee Central (Burrinjuck to Gogeldrie) Water Source | Water must not be taken when the water level of Flowerdale Lagoon is more than 1.61 metres below the bench mark established on a large gum tree immediately downstream of the pump site. |
Mundowey Lagoon | Murrumbidgee Central (Burrinjuck to Gogeldrie) Water Source | Water must not be taken from Mundowey Lagoon when the earthen block in the downstream entrance to Mundowey Lagoon is at a height lower than 1.58 metres below the bench mark established on a gum tree on the right bank of Mundowey Lagoon. |
Currawananna Lagoon | Murrumbidgee Central (Burrinjuck to Gogeldrie) Water Source | Water must not be taken when the storage level of the Currawananna Lagoon is less than the level of the marker post located within TS 59613 near the north eastern corner of 122/750832 Parish of Currawananna County of Burke. The taking of water must not commence until the Currawananna Lagoon fills to its natural storage capacity, being the level at which outflow from the Currawananna Lagoon commences. |
Yanga Lake | Murrumbidgee Western Water Source | Water must not be taken from Yanga Lake by the regulator authorised under licence number 40SL004936 when the level of water stored is less than 0.26 metres above the sill of the regulator. |
This Schedule applies to each access licence which replaces a Water Act 1912 entitlement listed in the table below.
Column 1 | Column 2 | Column 3 | Column 4 |
Water Act 1912 entitlements that will be replaced by access licences on commencement of this Plan | Water Source | Water Act 1912 condition | Access rules |
40SL070061 | Murrumbidgee Western Water Source | The pump shall not be used for the purpose of irrigation when the level of water stored by the regulator authorised under licence number 40SL004936 is less than 0.26 metres above the sill of the regulator. | Water must not be taken when water stored by the regulator Yanga Creek on 77/751203 is less than 0.26 metres above the sill of the regulator. |
40SL046210 | Murrumbidgee Western Water Source | The pump shall not be used for the purpose of irrigation when the level of water stored by the regulator authorised under licence number 40SL40709 is less than 0.77 metres above the sill of the regulator. | Water must not be taken when water stored by the regulator on Yanga Creek on 77/751203 is less than 0.77 metres above the sill of the regulator. |
40SL046211 | Murrumbidgee Western Water Source | The pump shall not be used for the purpose of irrigation when the level of water stored by the regulator authorised under licence number 40SL40709 is less than 0.77 metres above the sill of the regulator. | Water must not be taken when water stored under licence number 40SL40709 is less than 0.77 metres above the sill of the regulator. |
40SL071182 | Yass Upper Water Source | The licensed work shall not be used for the purpose of irrigation unless flows in the Yass River are at or greater than a height of 0.66 metres on the Macks Reef Road gauge (410851) being a flow of 4 megalitres per day. | Water must not be taken when the flow at the Yass River at Macks Reef Road gauge (410851) is less than 4 ML/day. |
40SL031599 | Muttama Water Source | The 300 mm pump referred to in this licence shall not be used for the purpose of irrigation or for filling a storage for the purposes of irrigation unless the depth of water flowing through the road crossing over Muttama Creek near the western boundary of portion 104, parish of Cowcumbla, County of Harden is greater than 300 millimetres. The 100 mm pump referred to in this licence shall not be used for the purpose of irrigation or for filling a storage for the purposes of irrigation unless the depth of water flowing through the road crossing over Muttama Creek near the western boundary of portion 104, Parish of Cowcumbla, County of Harden is greater than 25 millimetres measured at the upstream side of the crossing. | Water must not be taken through the 300mm pump nominated by this licence when the water flowing through the road crossing over Muttama Creek near the western boundary of 104/753603, parish of Cowcumbla, County of Harden is less than 300 millimetres. Water must not be taken through the 100mm pump nominated by this licence when the water flowing through the road crossing over Muttama Creek near the western boundary of 104/753603, parish of Cowcumbla, County of Harden is less than 25 millimetres. |
Column 1 | Column 2 |
Water Source | Water Act 1912 entitlements that will be replaced by access licences on commencement of this Plan |
Bredbo Water Source | 40SL031426 |
Bredbo Water Source | 40SL039678 |
Bredbo Water Source | 40SL044074 |
Bredbo Water Source | 40SL043659 |
Bredbo Water Source | 40SL071069 |
Murrumbidgee Central (Burrinjuck to Gogeldrie) Water Source | 40SA005621 |
Column 1 | Column 2 | Column 3 |
Water Act 1912 entitlements that will be replaced by access licences on commencement of this Plan | Water Source | Access rule |
40SA000464 | Murrumbidgee Central (Burrinjuck to Gogeldrie) Water Source | When the flow in Sandy Creek is not being augmented from Old Man Creek, water must not be taken unless there is a visible flow in Poisoned Water Holes at the Newell Highway Crossing. |
40SL027886 | Murrumbidgee Central (Burrinjuck to Gogeldrie) Water Source | When the flow in Sandy Creek is not being augmented from Old Man Creek, water must not be taken unless there is a visible flow in Poisoned Water Holes at the Newell Highway Crossing. |
40SL039709 | Murrumbidgee Central (Burrinjuck to Gogeldrie) Water Source | When the flow in Sandy Creek is not being augmented from Old Man Creek, water must not be taken unless there is a visible flow in Poisoned Water Holes at the Newell Highway Crossing. |
40SA000279 | Murrumbidgee Central (Burrinjuck to Gogeldrie) Water Source | When the flow in Sandy Creek is not being augmented from Old Man Creek, water must not be taken unless there is a visible flow in Poisoned Water Holes at the Newell Highway Crossing. |
40SL042880 | Murrumbidgee Central (Burrinjuck to Gogeldrie) Water Source | When the flow in Sandy Creek is not being augmented from Old Man Creek, water must not be taken unless there is a visible flow in Poisoned Water Holes at the Newell Highway Crossing. |
40SL025631 | Murrumbidgee Central (Burrinjuck to Gogeldrie) Water Source | When the flow in Sandy Creek is not being augmented from Old Man Creek, water must not be taken unless there is a visible flow in Poisoned Water Holes at the Newell Highway Crossing. |
40SL025381 | Murrumbidgee Central (Burrinjuck to Gogeldrie) Water Source | When the flow in Sandy Creek is not being augmented from Old Man Creek, water must not be taken unless there is a visible flow in Poisoned Water Holes at the Newell Highway Crossing. |
40SL026663 | Murrumbidgee Central (Burrinjuck to Gogeldrie) Water Source | When the flow in Sandy Creek is not being augmented from Old Man Creek, water must not be taken unless there is a visible flow in Poisoned Water Holes at the Newell Highway Crossing. |
40SL025673 | Murrumbidgee Central (Burrinjuck to Gogeldrie) Water Source | When the flow in Sandy Creek is not being augmented from Old Man Creek, water must not be taken unless there is a visible flow in Poisoned Water Holes at the Newell Highway Crossing. |
40SL040139 | Murrumbidgee Central (Burrinjuck to Gogeldrie) Water Source | When the flow in Sandy Creek is not being augmented from Old Man Creek, water must not be taken unless there is a visible flow in Poisoned Water Holes at the Newell Highway Crossing. |
40SL040045 | Murrumbidgee Central (Burrinjuck to Gogeldrie) Water Source | When the flow in Sandy Creek is not being augmented from Old Man Creek, water must not be taken unless there is a visible flow in Poisoned Water Holes at the Newell Highway Crossing. |
40SL025827 | Murrumbidgee Central (Burrinjuck to Gogeldrie) Water Source | When the flow in Sandy Creek is not being augmented from Old Man Creek, water must not be taken unless there is a visible flow in Poisoned Water Holes at the Newell Highway Crossing. |
40PE003346 | Muttama Water Source | Water must not be taken when there is no visible flow in Muttama Creek at or near the concrete bridge on the road leading to Muttama Railway Station and located approximately 1320 metres downstream on the south-western corner of portion 189, Parish of Mooney Mooney, County of Harden. |
40SL010618 | Muttama Water Source | Water must not be taken when there is no visible flow in Muttama Creek at or near the concrete bridge on the road leading to Muttama Railway Station and located approximately 1320 metres downstream on the south-western corner of portion 189, Parish of Mooney Mooney, County of Harden. |
40SL016864 | Muttama Water Source | Water must not be taken when there is no visible flow in Muttama Creek at or near the bridge on the Hume Highway near the north-eastern corner of portion 74, Parish of Coolac, County of Harden. |
40SL017803 | Muttama Water Source | Water must not be taken when there is no visible flow in Muttama Creek through the road crossing at the western boundary of portion 104, Parish of Cowcumbala, County of Harden. |
40SL034728 | Muttama Water Source | Water must not be taken when there is no visible flow in Muttama Creek at or near the bridge on the Hume Highway near the north-eastern corner of portion 74, Parish of Coolac, County of Harden. |
40SL038755 | Muttama Water Source | Water must not be taken when there is no visible flow in Muttama Creek at or near the bridge on the Hume Highway near the north-eastern corner of portion 74, Parish of Coolac, County of Harden. |
40SL039351 | Muttama Water Source | Water must not be taken when there is no visible flow in Muttama Creek at or near the bridge on the Hume Highway near the north-eastern corner of portion 74, Parish of Coolac, County of Harden. |
40SL040904 | Muttama Water Source | Water must not be taken when there is no visible flow in Muttama Creek at or near the bridge on the Hume Highway near the north-eastern corner of portion 74, Parish of Coolac, County of Harden. |
40SL042479 | Muttama Water Source | Water must not be taken when there is no visible flow in Muttama Creek at or near the bridge on the Hume Highway near the north-eastern corner of portion 74, Parish of Coolac, County of Harden. |
40SL043416 | Muttama Water Source | Water must not be taken when there is no visible flow in Muttama Creek through the road crossing at the south-eastern corner of portion 70, Parish of Bongongalong, County of Harden. |
40SL043729 | Muttama Water Source | Water must not be taken when there is no visible flow in Muttama Creek at or near the bridge on the Hume Highway near the north-eastern corner of portion 74, Parish of Coolac, County of Harden. |
40SL044298 | Muttama Water Source | Water must not be taken when there is no visible flow in Muttama Creek at or near the bridge on the Hume Highway near the north-eastern corner of portion 74, Parish of Coolac, County of Harden. |
40SL044568 | Muttama Water Source | Water must not be taken when there is no visible flow in Muttama Creek through the road crossing at the south-eastern corner of portion 70, Parish of Bongongalong, County of Harden. |
40SL071131 | Numeralla East Water Source | The Licensed work shall not be used for the purpose of irrigation unless the discharge in the Numeralla River exceeds 9 megalitres per day at the Rose Valley Crossing with such discharge corresponding to a height of 0.32 metres on a gauge established immediately upstream of the crossing. |
40SL035504 | Numeralla East Water Source | The Licensed work shall not be used for the purpose of irrigation unless the discharge in the Numeralla River is in excess of 9 megalitres per day at the Rose Valley Crossing with such discharge corresponding to a height of 0.32 metres on a gauge established immediately upstream of the crossing. |
40SL071134 | Numeralla East Water Source | The Licensed work shall not be used for the purpose of irrigation unless the discharge in the Numeralla River is in excess of 9 megalitres per day at the Rose Valley Crossing with such discharge corresponding to a height of 0.32 metres on a gauge established immediately upstream of the crossing. |
40SL040012 | Numeralla East Water Source | The Licensed work shall not be used for the purpose of irrigation unless the discharge in the Numeralla River is in excess of 6 megalitres per day at the Rose Valley Crossing with such discharge corresponding to a height of 0.32 metres on a gauge established immediately upstream of the crossing. |
40SL047141 | Numeralla East Water Source | The Licensed work shall not be used for the purpose of irrigation unless the flow of the Murrumbidgee River at the Billilingra gauge (upstream of Bredbo) exceeds 15 megalitres per day with such flow corresponding to a reading on the said gauge of 0.58 metres (or such reading as may be determined from time to time). |
Column 1 | Column 2 |
Off-river pool or off-river dam pool | Water Source |
Mantangry Lagoon | Murrumbidgee (Gogeldrie to Waldaira) Water Source |
Gooragool Lagoon | Murrumbidgee (Gogeldrie to Waldaira) Water Source |
Euwarderry Lagoon | Murrumbidgee (Gogeldrie to Waldaira) Water Source |
MIA National Park Lagoon | Murrumbidgee (Gogeldrie to Waldaira) Water Source |
Sandy Creek | Murrumbidgee Central (Burrinjuck to Gogeldrie) Water Source |
Lake Tala | Murrumbidgee Western |
Yanga Lake | Murrumbidgee Western |
Goobbagumbalin Lagoon | Murrumbidgee Central (Burrinjuck to Gogeldrie) Water Source |
This clause applies to each access licence which replaces a Water Act 1912 entitlement listed in the table below.
Water Act 1912 entitlements that will be replaced by access licences on commencement of this Plan |
50SA006598 |
50SA006600 |
50SL034722 |
50SL043091 |
50SL075427 |
50SL075434 |
50SL028566 |
50SL075476 |
40SL024487 |
40SL044012 |
40SL046461 |
40SL040846 |
40SL070732 |
40SL070598 |
40SL042353 |
40SL044800 |
40SL070862 |
40SL042553 |
40SL043103 |
40SL070701 |
40SL071127 |
40SL037204 |
40SL045027 |
40SL071120 |
40SL045012 |
40SL070617 |
40SL027712 |
40SL040879 |
40SL041564 |
40SL044734 |
40SL046070 |
40SL070861 |
40SL071118 |
40SA005602 |
This clause applies to each access licence which replaces a Water Act 1912 entitlement listed in the table below.
Water Act 1912 entitlements that will be replaced by local water utility access licences or access licences of the subcategory “Town water supply”) on commencement of this Plan |
40SL049968 |
40SL071172 |
40SL029052 |
40SL070662 |
40SL045456 |
40SL071183 |
40SL031368 |
40SL031158 |
40SL045468 |
50SL028874 |
50SL047391 |
50SL052079 |
NSW Department of Planning, Industry and Environment - Water
Private Mail Bag
YANCO NSW 2703
(Repealed)
(Repealed)
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