Water Sharing Plan for the Namoi and Peel Unregulated Rivers 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 Namoi and Peel Unregulated Rivers Water Sources 2012 (hereafter
This Plan is made under section 50 of the Water Management Act 2000 (hereafter
This Plan is a plan for water sharing and generally deals with the matters set out in sections 20 and 21 of the Act, as well as other sections of the Act.
Where a provision of this Plan is made under another section of the Act, the section is referred to in the notes to this Plan.
This Plan commences on 4 October 2012.
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 that are consistent with the requirements of the Basin Plan. This Plan was amended in 2020, partly to meet NSW’s commitments under these arrangements. Certain provisions of this Plan form part of the water resource plan for the Namoi surface water resource plan area.
4 Basin Plan is defined in the Dictionary.
This Plan applies to the following water sources (hereafter
(a) the Namoi Unregulated Rivers Water Sources (hereafter
the Namoi Unregulated Rivers Water Sources ) comprised of—(i) Upper Macdonald River Water Source,
(ii) Mid Macdonald River Water Source,
(iii) Upper Namoi Water Source,
(iv) Werris Creek Water Source,
(v) Keepit Water Source,
(vi) Split Rock Water Source,
(vii) Upper Manilla Water Source,
(viii) Rangira Creek Water Source,
(ix) Bluevale Water Source,
(x) Lake Goran Water Source,
(xi) Coxs Creek Water Source,
(xii) Maules Creek Water Source,
(xiii) Eulah Creek Water Source,
(xiv) Bohena Creek Water Source,
(xv) Bundock Creek Water Source,
(xvi) Brigalow Creek Water Source,
(xvii) Coghill Creek Water Source,
(xviii) Etoo and Talluba Creeks Water Source,
(xix) Spring and Bobbiwaa Creeks Water Source,
(xx) Pian Creek Water Source,
(xxi) Lower Namoi Water Source,
(xxii) Baradine Creek Water Source,
(xxiii) Phillips Creek Water Source,
(xxiv) Mooki River Water Source,
(xxv) Quirindi Creek Water Source, and
(xxvi) Warrah Creek Water Source, and
(b) the Peel Unregulated River Water Sources (
the Peel Unregulated River Water Sources ) comprised of—(i) Chaffey Water Source,
(ii) Goonoo Goonoo Creek Water Source,
(iii) Upper Peel River Tributaries Water Source,
(iv) Lower Peel River Tributaries Water Source, and
(v) Cockburn River Water Source.
Note— The Namoi Water Management Area was constituted by Ministerial order made under section 11 of the Water Management Act 2000 and published in the NSW Government Gazette No 180 on 23 November 2001 at page 9389.
These water sources are shown on the Plan Map called Plan Map (WSP021_Version 4), Water Sharing Plan for the Namoi and Peel Unregulated Rivers Water Sources 2012 (hereafter the
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 as shown on the Plan Map, and
(b) in rivers, lakes and wetlands within the boundaries of these water sources as shown on the Plan Map.
(Repealed)
These water sources do not include water—
(a) contained in the water sources to which the following water sharing plans apply—
(i) the Water Sharing Plan for the Upper Namoi and Lower Namoi Regulated River Water Sources 2016,
(ii) the Water Sharing Plan for the Peel Regulated River Water Source 2010, and
(iii) the Water Sharing Plan for the Barwon-Darling Unregulated River Water Source 2012, or
(b) taken in the course of floodplain harvesting under a floodplain harvesting (regulated river) access licence.
Note— Floodplain harvesting is defined in the Dictionary.
This Plan, as amended by the Water Sharing Plan for the Namoi Unregulated and Alluvial Water Sources Amendment Order 2016, replaces the Water Sharing Plan for the Phillips Creek, Mooki River, Quirindi Creek and Warrah Creek Water Sources 2003.
This Plan, as amended by the Water Sharing Plan for the Namoi Unregulated and Alluvial Water Sources Amendment Order 2020, applies to the Peel Unregulated River Water Sources.
1 Prior to the commencement of this Plan, the Water Sharing Plan for the Peel Valley Regulated, Unregulated, Alluvium and Fractured Rock Water Sources 2010 applied to the Peel Unregulated River Water Sources.
2 This Plan, as amended by the Water Sharing Plan for the Namoi Unregulated and Alluvial Water Sources Amendment Order 2020, does not apply to the Namoi Alluvial Groundwater Sources. The Water Sharing Plan for the Namoi 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) Mid Macdonald River Water Source—
(i) Macdonald River Upstream Woolbrook Management Zone,
(ii) Macdonald River Downstream Woolbrook Management Zone, and
(iii) Mid Macdonald River Tributaries Management Zone,
(b) Upper Namoi Water Source—
(i) Macdonald and Namoi Rivers Management Zone,
(ii) Halls Creek Management Zone, and
(iii) Upper Namoi Tributaries Management Zone,
(c) Upper Manilla Water Source—
(i) Manilla River Management Zone,
(ii) Manilla River Tributaries Management Zone,
(iii) Ironbark Creek Management Zone, and
(iv) Ironbark Creek Tributaries Management Zone,
(d) Lake Goran Water Source—
(i) Lake Goran Management Zone, and
(ii) Lake Goran Tributaries Management Zone,
(e) Coxs Creek Water Source—
(i) Mid Coxs Creek Management Zone,
(ii) Lower Coxs Creek Management Zone, and
(iii) Coxs Creek Tributaries Management Zone,
(f) Maules Creek Water Source—
(i) Maules and Horsearm Creeks Management Zone, and
(ii) Maules Creek Tributaries Management Zone,
(g) Brigalow Creek Water Source—
(i) Merri Merri Creek and Other Tributaries Management Zone, and
(ii) Brigalow Creek Management Zone,
(h) Pian Creek Water Source—
(i) Lower Pian Creek Management Zone, and
(ii) Pian Creek Tributaries Management Zone, and
(i) Chaffey Water Source—
(i) Peel River Management Zone, and
(ii) Chaffey Tributaries Management Zone,
(j) Goonoo Goonoo Water Source—
(i) Downstream Boiling Down Creek Management Zone, and
(ii) Upstream Boiling Down Creek Management Zone,
(k) Upper Peel River Tributaries Water Source—
(i) Dungowan Creek Management Zone, and
(ii) Duncans Creek and Other Tributaries Management Zone,
(l) Lower Peel River Tributaries Water Source—
(i) Moore Creek Management Zone, and
(ii) Lower Peel Tributaries Management Zone,
(m) Cockburn River Water Source—
(i) Cockburn River Management Zone, and
(ii) Cockburn River Tributaries Management Zone.
The management zones in subclause (1) are shown on the Plan Map.
Overview maps of the management zones are shown in Appendix 2.
(Repealed)
This Plan contains various rules. Where appropriate, the rules specified in this Plan are given effect by the mandatory conditions for access licences and approvals contained in Part 11 of this Plan.
Words and expressions that are defined in the Dictionary to this Plan have the meaning set out in the Dictionary.
Unless otherwise defined in this Plan, words and expressions that are defined in the Act or in the regulations made under the Act have the same meaning in this Plan.
Unless otherwise specified in this Plan, a clause that applies to a category of access licence also applies to any subcategories of that category of access licence.
The Dictionary and Schedules to this Plan form part of this Plan.
The Plan Map forms part of this Plan.
A number in brackets following the name of a gauge is the gauge number.
Notes in the text of this Plan do not form part of this Plan.
Appendices to this Plan do not form part of this Plan.
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 Namoi Water Management Area.
The vision for this Plan is to provide for the following—
(a) the health and enhancement of these water sources and their water-dependent ecosystems,
(b) the continuing productive extraction of surface water for economic benefit,
(c) the spiritual, social, customary and economic benefits of surface water to Aboriginal communities,
(d) the social and cultural benefits to urban and rural communities that result from surface water.
(Repealed)
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 be 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 eel-tailed catfish, Murray cod and purple-spotted gudgeon,
(b) native vegetation including carbeen, redgum and black box-coolbah woodlands,
(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 Measures of population structure may include the abundance or spatial extent of a species, different age classes or life stages within a species population, or measures that describe the health and condition of species or populations.
(b) the longitudinal and lateral connectivity within and between water sources to support target ecological processes,
Notes— 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 and other water sources.
(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 Namoi Water Resource Plan Area SW14 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 ,off-river pool andfull capacity are defined in the Dictionary.
2 The provisions in clause 47 and 48 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 in specified circumstances.
Note— The provisions in Part 9 of this Plan prevent the granting or amending of a water supply work approval in the circumstances specified.
(e) reserve a portion of flows to maintain longitudinal connectivity within and between these water sources and other connected water sources including the Upper Namoi Regulated River Water Source, the Lower Namoi Regulated River Water Source and the Peel Regulated River Water Source.
Note— The provisions in Division 2 of Part 8 of this Plan ensure that very low flows are protected from extraction.
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) have 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 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 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,
Note— Trading is a generic term referring to dealings under Division 4 of Part 2 of Chapter 3 of the Act.
(b) to maintain, and where possible improve, access to water for agriculture, surface water-dependent businesses and landholders,
(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 classes 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 clause 43 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 limit and the long-term average sustainable diversion limit.
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 any of the following—
(i) the annual number or volume of share components of access licences transferred or assigned,
(ii) the weighted average unit price of share components of access licences transferred or assigned,
Note— Weighted average unit price is defined in the Dictionary.(iii) the annual volume of water allocations assigned,
(iv) the weighted average unit price of water allocations assigned,
(c) the recorded values of water quality measurements including salinity, sodium adsorption ratio, harmful algal blooms, total nitrogen, total phosphorus, pH and dissolved oxygen.
In evaluating the effectiveness of the strategies in meeting the objectives in this clause, the following will be relevant—
(a) the extent to which the strategies in subclause (3) and provisions in this Plan have been implemented and complied with,
(b) the extent to which the changes in the economic benefits of surface water extraction and use can be attributed to the strategies in subclause (3) and provisions in this Plan,
(c) the extent to which the strategies in subclause (3) support achievement of the economic objectives,
(d) the extent to which external influences on surface water-dependent businesses during the term of this Plan have affected progress toward achieving the economic objectives.
Note— External influences may include trends in urban, agricultural and industrial development, energy costs, commodity prices, interest rates, technology advances, climate or changes in industry policy or regulation.
The broad Aboriginal cultural objective of this Plan is to maintain, and where possible improve, the spiritual, social, customary and economic values and uses of water by Aboriginal people.
The targeted Aboriginal cultural objectives of this Plan are as follows—
(a) to provide access to water in the exercise of native title rights,
(b) to provide access to water for Aboriginal cultural use, including fishing,
(c) to protect, and where possible improve, identified surface water-dependent culturally significant areas, including important riparian vegetation communities,
(d) to contribute to the maintenance of water quality within target ranges to ensure suitability of water for Aboriginal cultural use.
The strategies for reaching the targeted Aboriginal cultural objectives of this Plan are as follows—
(a) manage access to water consistently with the exercise of native title rights,
(b) provide for water associated with Aboriginal cultural values and uses,
Note— The provisions in Part 7 of this Plan provide opportunities for Aboriginal people to access water by allowing for the granting of an access licence of the subcategory “Aboriginal cultural”.
(c) reserve a portion of 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 47 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 Division 2 of Part 8 of this ensure that a portion of natural flows are protected from extraction.
The performance indicator used to measure the success of the strategies for reaching the broad Aboriginal cultural objective in subclause (1) is an evaluation of the extent to which the combined outcomes of the targeted Aboriginal cultural objectives in subclause (2) have contributed to achieving the broad objective.
The performance indicators used to measure the success of the strategies for reaching the targeted Aboriginal cultural objectives in subclause (2) are the changes or trends in Aboriginal cultural benefits during the term of this Plan, as assessed using one or more of the following—
(a) the use of water by Aboriginal people by measuring factors including—
(i) the extent to which native title rights are capable of being exercised, consistently with any determination of native title or indigenous land use agreement, and
(ii) the extent to which access to water has contributed to achieving Aboriginal cultural outcomes,
(b) the recorded range or extent of target populations of native fish,
(c) the recorded range or condition of target populations of riparian vegetation,
(d) the recorded values of water quality measurements including salinity, harmful algal blooms, total nitrogen, total phosphorus, pH, water temperature and dissolved oxygen.
In evaluating the effectiveness of the strategies in meeting the objectives in this clause, the following will be relevant—
(a) the extent to which the strategies in subclause (3) and provisions in 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 provision 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 by using one or more of the following—
(a) the social and cultural uses of water during the term of this Plan, by measuring factors including—
(i) the extent to which basic landholder rights and licensed domestic and stock requirements have been met, and
(ii) the extent to which major utility access licence and local water utility access licence requirements have been met,
(b) the recorded range or extent of target populations of native fish that are important for recreational fishing,
(c) the recorded takes of native fish that are important for recreational fishing within legal age and size classes,
(d) the recorded values of water quality measurements including salinity, harmful algal blooms, total nitrogen, total phosphorus, pH, water temperature and dissolved oxygen.
In evaluating the effectiveness of the strategies in meeting the objectives in this clause the following will be relevant—
(a) the extent to which the strategies in subclause (3) and provisions in this Plan have been implemented and complied with,
(b) the extent to which the changes in the performance indicators can be attributed to the strategies in subclause (3) and provisions in this Plan,
(c) the extent to which the strategies in subclause (3) support achievement of the social and cultural objectives,
(d) the extent to which external influences on surface water-dependent social and cultural activities during the term of this Plan have affected progress toward achieving the social and cultural objectives.
Note— External influences may include trends in urban, agricultural and industrial development, social or cultural behaviour, climate, or changes in policy or regulation.
This Plan establishes a bulk access regime for the extraction of water under access licences in these water sources, having regard to—
(a) the environmental water rules established in Part 4 of this Plan,
(b) the requirements for water for basic landholder rights identified in Division 2 of Part 5 of this Plan,
(c) the requirements for water for extraction under access licences identified in Division 3 of Part 5 of this Plan, and
(d) the access licence dealing rules established in Part 10 of this Plan.
The bulk access regime for these water sources—
(a) recognises and is consistent with the limits to the availability of water set in relation to these water sources contained in Part 6 of this Plan,
(b) establishes rules according to which access licences are to be granted and managed contained in Parts 7 and 8 of this Plan and available water determinations are to be made contained in Part 6 of this Plan,
(c) recognises the effect of climatic variability on the availability of water as described in clause 14,
(d) establishes rules with respect to the priorities according to which water allocations are to be adjusted as a consequence of any reduction in the availability of water due to an increase in average annual extraction against the long-term average annual extraction limit and long-term average sustainable diversion limit contained in Part 6 of this Plan,,
(e) contains provisions with respect to the conditions that must be imposed as mandatory conditions on access licences contained in Division 2 of Part 11 of this Plan, and
(f) recognises and is consistent with the water management principles contained in section 5 of the Act.
This Plan recognises the effects of climatic variability on river flow in these water sources by having provisions that—
(a) manage the sharing of water within the limits of water availability on a long-term average annual basis and the priorities according to which water allocations are to be adjusted as a consequence of any 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, contained in Division 2 of Part 8 of this Plan.
Other statutory tools are available to manage for climatic variability within a water source, for example, temporary water restrictions under section 324 of the Act.
This Part is made in accordance with section 8 of the Act.
This Part contains environmental water rules for the commitment, identification, establishment and maintenance of planned environmental water in these water sources.
In accordance with the Act, planned environmental water is water that is committed by management plans for fundamental ecosystem health or other specified environmental purposes, either generally or at specified times or in specified circumstances and that cannot, to the extent committed, be taken or used for any other purpose.
Water is committed and identified as planned environmental water in these water sources in the following ways—
(a) by reference to the commitment of the physical presence of water in 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) 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 limit and the long-term average sustainable diversion limit. The provisions in Part 6 provide for a reduction in available water determinations when the long-term average annual extraction limit or the long-term average sustainable diversion limit have been assessed to have been exceeded.
This Part identifies the requirements for water from these water sources for basic landholder rights (Division 2) and for extraction under access licences (Division 3).
The amounts of water specified in this Part represent the estimated water requirements of persons entitled to basic landholder rights in these water sources and the total volumes or unit shares specified in the share components of all access licences in these water sources. The actual volumes of water available for extraction in these water sources at any time will depend on factors such as climatic variability, access licence priority and the rules in this Plan.
This Plan recognises that basic landholder rights in these water sources and the total share components of all access licences authorised to extract water from these water sources may change during the term of this Plan. This Plan manages such changes by having provisions that manage the sharing of water within the limits of water availability, as provided for in Part 6 of this Plan.
The total share components of access licences in these water sources may change during the term of this Plan as a result of—
(a) the grant, surrender or cancellation of access licences in these water sources,
(b) the variation of local water utility licences under section 66 of the Act, or
(c) changes due to the volumetric conversion of Water Act 1912 entitlements that are currently non-volumetric.
The water requirements of persons entitled to domestic and stock rights in these water sources total 2,480.2 megalitres per year (hereafter
(a) 101.2 ML/year in the Upper Macdonald River Water Source,
(b) 144.6 ML/year in the Mid Macdonald River Water Source,
(c) 190 ML/year in the Upper Namoi Water Source,
(d) 59.6 ML/year in the Werris Creek Water Source,
(e) 69 ML/year in the Keepit Water Source,
(f) 11.5 ML/year in the Split Rock Water Source,
(g) 189.6 ML/year in the Upper Manilla Water Source,
(h) 22.7 ML/year in the Rangira Creek Water Source,
(i) 34.6 ML/year in the Bluevale Water Source,
(j) 77.4 ML/year in the Lake Goran Water Source,
(k) 191 ML/year in the Coxs Creek Water Source,
(l) 55.4 ML/year in the Maules Creek Water Source,
(m) 28.4 ML/year in the Eulah Creek Water Source,
(n) 67.5 ML/year in the Bohena Creek Water Source,
(o) 0.6 ML/year in the Bundock Creek Water Source,
(p) 3.8 ML/year in the Brigalow Creek Water Source,
(q) 22.8 ML/year in the Coghill Creek Water Source,
(r) 37.4 ML/year in the Etoo and Talluba Creeks Water Source,
(s) 24.1 ML/year in the Spring and Bobbiwaa Creeks Water Source,
(t) 43.3 ML/year in the Pian Creek Water Source,
(u) 19.3 ML/year in the Lower Namoi Water Source,
(v) 164.5 ML/year in the Baradine Creek Water Source,
(w) 42.8 ML/year in the Phillips Creek Water Source,
(x) 55 ML/year in the Mooki River Water Source,
(y) 127.7 ML/year in the Quirindi Creek Water Source,
(z) 134.3 ML/year in the Warrah Creek Water Source,
(aa) 14.6 ML/year in the Chaffey Water Source,
(ab) 142.35 ML/year in the Goonoo Goonoo Creek Water Source,
(ac) 80.3 ML/year in the Upper Peel River Tributaries Water Source,
(ad) 105.85 ML/year in the Lower Peel River Tributaries Water Source, and
(ae) 219 ML/year in the Cockburn River Water Source.
1 Domestic and stock rights are set out in Division 1 of Part 1 of Chapter 3 of the Act and must be exercised in accordance with any mandatory guidelines established under the Act with respect to the taking and use of water for domestic consumption or stock watering. The volumes set out in this clause are separate from any volumes of water licensed for domestic and stock purposes in these water sources.
2 Inherent water quality and land use activities may make the water in some areas unsuitable for human consumption. Water from these water sources should not be consumed without first being tested and, if necessary, appropriately treated. Such testing and treatment is the responsibility of the water user.
The requirement for water to satisfy native rights is the water that may be taken in the exercise of native title rights in accordance with the Native Title Act 1993 of the Commonwealth, including—
(a) under 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 exercise in accordance with the Native Title Act 1993 of the Commonwealth, including section 211 of that Act.
The requirement for water under harvestable rights in these water sources is equal to the total amount of water that owners or occupiers of landholdings are entitled to capture and store, pursuant to a harvestable rights order made under Division 2 of Part 1 of Chapter 3 of the Act.
It is estimated that the share components of domestic and stock access licences authorised to take water from these water sources total 993 ML/year, distributed as follows—
(a) 0 ML/year in the Upper Macdonald River Water Source,
(b) 51.5 ML/year in the Mid Macdonald River Water Source,
(c) 39.5 ML/year in the Upper Namoi Water Source,
(d) 0 ML/year in the Werris Creek Water Source,
(e) 5 ML/year in the Keepit Water Source,
(f) 0 ML/year in the Split Rock Water Source,
(g) 28.5 ML/year in the Upper Manilla Water Source,
(h) 21 ML/year in the Rangira Creek Water Source,
(i) 5 ML/year in the Bluevale Water Source,
(j) 88 ML/year in the Lake Goran Water Source,
(k) 107 ML/year in the Coxs Creek Water Source,
(l) 7 ML/year in the Maules Creek Water Source,
(m) 35 ML/year in the Eulah Creek Water Source,
(n) 11.5 ML/year in the Bohena Creek Water Source,
(o) 36.5 ML/year in the Bundock Creek Water Source,
(p) 14 ML/year in the Brigalow Creek Water Source,
(q) 0 ML/year in the Coghill Creek Water Source,
(r) 15 ML/year in the Etoo and Talluba Creeks Water Source,
(s) 5 ML/year in the Spring and Bobbiwaa Creeks Water Source,
(t) 49 ML/year in the Pian Creek Water Source,
(u) 37 ML/year in the Lower Namoi Water Source,
(v) 71.5 ML/year in the Baradine Creek Water Source,
(w) 0 ML/year in the Phillips Creek Water Source,
(x) 105.5 ML/year in the Mooki River Water Source,
(y) 45.5 ML/year in the Quirindi Creek Water Source,
(z) 6 ML/year in the Warrah Creek Water Source,
(aa) 15.5 ML/year in the Chaffey Water Source,
(ab) 28 ML/year in the Goonoo Goonoo Water Source,
(ac) 28.5 ML/year in the Upper Peel River Tributaries Water Source,
(ad) 64 ML/year in the Lower Peel River Tributaries Water Source, and
(ae) 73 ML/year in the Cockburn River Water Source.
It is estimated that the share components of local water utility access licences authorised to take water from these water sources total 8,333 ML/year, distributed as follows—
(a) 463 ML/year in the Mid Macdonald River Water Source,
(b) 564 ML/year in the Upper Namoi Water Source,
(c) 421 ML/year in the Upper Manilla Water Source,
(d) 1,000 ML/year in the Quirindi Creek Water Source,
(e) 5,600 ML/year in the Upper Peel River Tributaries Water Source, and
(f) 0 ML/year in all other water sources.
(g), (h) (Repealed)
It is estimated that the share components of unregulated river access licences authorised to take water from these water sources total 153,386 unit shares, distributed as follows—
(a) 30 unit shares in the Upper Macdonald River Water Source,
(b) 4,818 unit shares in the Mid Macdonald River Water Source,
(c) 10,081unit shares in the Upper Namoi Water Source,
(d) 1,321 unit shares in the Werris Creek Water Source,
(e) 745 unit shares in the Keepit Water Source,
(f) 0 unit shares in the Split Rock Water Source,
(g) 1,661 unit shares in the Upper Manilla Water Source,
(h) 1,458 unit shares in the Rangira Creek Water Source,
(i) 1,635 unit shares in the Bluevale Water Source,
(j) 32,171 unit shares in the Lake Goran Water Source,
(k) 17,521.5 unit shares in the Coxs Creek Water Source,
(l) 1,406 unit shares in the Maules Creek Water Source,
(m) 2,034 unit shares in the Eulah Creek Water Source,
(n) 984 unit shares in the Bohena Creek Water Source,
(o) 5,106 unit shares in the Bundock Creek Water Source,
(p) 1,243 unit shares in the Brigalow Creek Water Source,
(q) 600 unit shares in the Coghill Creek Water Source,
(r) 1,392 unit shares in the Etoo and Talluba Creeks Water Source,
(s) 748 unit shares in the Spring and Bobbiwaa Creeks Water Source,
(t) 2,031 unit shares in the Pian Creek Water Source,
(u) 2,646 unit shares in the Lower Namoi Water Source,
(v) 19,409 unit shares in the Baradine Creek Water Source,
(w) 161 unit shares in the Phillips Creek Water Source,
(x) 30,287.5 unit shares in the Mooki River Water Source,
(y) 1,740 unit shares in the Quirindi Creek Water Source,
(z) 259 unit shares in the Warrah Creek Water Source,
(aa) 384.5 unit shares in the Chaffey Water Source,
(ab) 1,033.5 unit shares in the Goonoo Goonoo Creek Water Source,
(ac) 3,638 unit shares in the Upper Peel River Tributaries Water Source,
(ad) 2,477 unit shares in the Lower Peel River Tributaries Water Source, and
(ae) 4,365 unit shares in the Cockburn River Water Source.
It is estimated that the share components of unregulated river (special additional high flow) access licences authorised to take water from these water sources total 729 unit shares, distributed as follows—
(a) 729 unit shares in the Lower Namoi Water Source,
(b) 0 unit shares in all other water sources.
One licence has been identified as being an unregulated river (special additional high flow) access licence in the Lower Namoi Water Source. The licence details can be viewed in Schedule 2.
(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, and
(b) a long-term average sustainable diversion limit.
This clause applies to the calculation of the following—
(a) the long-term average annual extraction limit under clause 29,
(b) the annual extraction under clause 30,
(c) the annual permitted take under clause 33,
(d) the annual actual take under clause 33.
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 30 only, water committed as licensed environmental water under section 8F of the Act, and
(b) include allocations assigned to an access licence in one of these water sources from an access licence in a water source other than these water sources, under section 71T of the Act.
The calculation by the Minister of the long-term average annual extraction limit under clause 29 must be adjusted by a volume that appropriately reflects the following—
(a) the share components of water access licences in the water source that are subject to a dealing under section 71U of the Act,
(b) any changes to the amount of water committed as licensed environmental water under section 8F of the Act.
The long-term average annual extraction limit for these water sources is 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) Upper Macdonald River Water Source,
(ii) Mid Macdonald River Water Source,
(iii) Upper Namoi Water Source,
(iv) Werris Creek Water Source,
(v) Keepit Water Source,
(vi) Split Rock Water Source,
(vii) Upper Manilla Water Source,
(viii) Rangira Creek Water Source,
(ix) Bluevale Water Source,
(x) Lake Goran Water Source,
(xi) Coxs Creek Water Source,
(xii) Maules Creek Water Source,
(xiii) Eulah Creek Water Source,
(xiv) Bohena Creek Water Source,
(xv) Bundock Creek Water Source,
(xvi) Brigalow Creek Water Source,
(xvii) Coghill Creek Water Source,
(xviii) Etoo and Talluba Creeks Water Source,
(xix) Spring and Bobbiwaa Creeks Water Source,
(xx) Pian Creek Water Source,
(xxi) Lower Namoi Water Source,
(xxii) Baradine Creek Water Source,
(xxiii) Phillips Creek Water Source,
(xxiv) Mooki River Water Source,
(xxv) Quirindi Creek Water Source,
(xxvi) Warrah 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) Upper Macdonald River Water Source,
(ii) Mid Macdonald River Water Source,
(iii) Upper Namoi Water Source,
(iv) Werris Creek Water Source,
(v) Keepit Water Source,
(vi) Split Rock Water Source,
(vii) Upper Manilla Water Source,
(viii) Rangira Creek Water Source,
(ix) Bluevale Water Source,
(x) Lake Goran Water Source,
(xi) Coxs Creek Water Source,
(xii) Maules Creek Water Source,
(xiii) Eulah Creek Water Source,
(xiv) Bohena Creek Water Source,
(xv) Bundock Creek Water Source,
(xvi) Brigalow Creek Water Source,
(xvii) Coghill Creek Water Source,
(xviii) Etoo and Talluba Creeks Water Source,
(xix) Spring and Bobbiwaa Creeks Water Source,
(xx) Pian Creek Water Source,
(xxi) Lower Namoi Water Source,
(xxii) Baradine Creek Water Source, plus,
(c) the annual extraction of water averaged over the period from 1 July 1993 to 30 June 1999 by floodplain harvesting activities for which floodplain harvesting (unregulated river) access licences may be issued in these water sources, plus
Note— In unregulated river water sources (including these water sources) the extraction of water by floodplain harvesting activities is typically already accounted for within the existing access licence share components. However, there may be instances where this is not the case and floodplain harvest access licences will be issued in accordance with the NSW Floodplain Harvesting Policy. Subclause (2) (c) applies only to those estimated extractions for which floodplain harvesting access licences are later issued, and not to estimated extractions under entitlements issued under Part 2 of the Water Act 1912.
(d) 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 Chaffey Water Source, the Goonoo Goonoo Creek Water Source, the Upper Peel River Tributaries Water Source, the Lower Peel River Tributaries Water Source and the Cockburn River Water Source at the commencement of the Water Sharing Plan for the Peel Valley Regulated, Unregulated, Alluvium and Fractured Rock Water Sources 2010, excluding those licences nominating works that extract water from the Wallamoore Anabranch and local water utility access licences that nominate works that extract water from Dungowan Dam, plus
(e) the annual water requirements pursuant to basic landholder rights in the Chaffey Water Source, the Goonoo Goonoo Creek Water Source, the Upper Peel River Tributaries Water Source, the Lower Peel River Tributaries Water Source and the Cockburn River Water Source at the commencement of the Water Sharing Plan for the Peel Valley Regulated, Unregulated, Alluvium and Fractured Rock Water Sources 2010, plus
(f) the annual water requirements pursuant basic landholder rights in the Phillips Creek Water Source, the Mooki River Water Source, Quirindi Creek Water Source and the Warrah Creek Water Source at the commencement of the Water Sharing Plan for the Phillips Creek, Mooki River, Quirindi Creek and Warrah Creek Water Sources 2003, plus
(g) the estimated annual take of water from these water sources by plantation forestry that existed on 30 June 2009.
Note— Plantation forestry is defined in the Dictionary.
Subject to subclause (2), following the end of each water year, the Minister is to calculate the total annual extraction from these water sources based on the following—
(a) the take of water by basic landholder rights and access licences in that water year,
(b) the estimated take of water by plantation forestry in that water year,
(c) until such time as it is included under paragraph (a), the estimated take of water in that water year by floodplain harvesting, for which floodplain harvesting (unregulated river) access licences may be issued in these water sources.
Calculations made under subclause (1) are to exclude extractions under licences nominating works that extract water from Wallamoore Anabranch and local water utility access licences nominating works that extract water from Dungowan Dam.
Following the calculation under clause 30, the Minister is to compare the average of the total annual extraction for these water sources over the preceding three water years against the long-term average annual extraction limit.
There is non-compliance with the 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 Namoi SDL resource unit as calculated in accordance with Schedule 3 of the Basin Plan, that in the Minister’s opinion is attributable to these water sources.
The long-term average sustainable diversion limit is to be varied as determined under Chapter 7 of the Basin Plan.
1 Baseline diversion limit is defined in the Dictionary.
2 The long-term average sustainable diversion limit for the Namoi SDL resource unit specified in Schedule 2 of the Basin Plan covers extractions from the following water sources—
(a) the Upper Namoi Regulated River Water Source,
(b) the Lower Namoi Regulated River Water Source,
(c) the Peel Regulated River Water Source,
(d) the Namoi Unregulated Rivers Water Sources,
(e) the Peel 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 it falls outside the definition of take for consumptive use.
2 Consumptive use andtake and are defined in section 4 of the Water Act 2007 of the Commonwealth.
Following the calculation under clause 33 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 subclause (2) to (5), if an assessment under clauses 31 or 33A demonstrates non-compliance with either the long-term average annual extraction limit for these water sources or the long-term average sustainable diversion limit, the Minister is to take the following actions for the water year after the assessment—
(a) make available water determinations for unregulated river access licences of less than 1 ML per unit share,
(b) make available water determinations for unregulated river (special additional high flow) access licences of less than 1 ML per unit share.
The Minister may take the action specified in subclause (1) if an assessment under clause 33A would have demonstrated non-compliance with the long-term average sustainable diversion limit but for there being a reasonable excuse, as provided for in Division 2 of Part 4 of Chapter 6 of the Basin Plan.
An action taken in accordance with subclause (1) and (2) is to be taken to the extent to which, and only for as long as, the Minister considers the following is necessary—
(a) in the case of non-compliance with the long-term average annual extraction limit—to return average annual extraction in these water sources to the long-term average annual extraction limit,
(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.
In taking action under subclause (1) or (2), the reduction applied to available water determinations for unregulated river (special additional high flow) access licences must be 200% of the reduction applied to available water determinations for unregulated river access licences.
Subclause (4) means that if future available water determinations for unregulated river access licences are to be reduced from 1 ML per share to 0.95 ML per share then the available water determination for unregulated (special additional high flow) access licences should be reduced from 1 ML per share to 0.9 ML per share.
An action taken in accordance with subclause (1) and (2) to meet the requirements of Division 2 of Part 4 of Chapter 6 of the Basin Plan is to only apply to a water source to the extent to which extractions from the water source—
(a) have caused non-compliance with the long-term average sustainable diversion limit, or
(b) would have caused non-compliance with the long-term average sustainable diversion limit but for there being a reasonable excuse.
Available water determinations for access licences with share components that specify any one of these water sources are to be expressed as either—
(a) a percentage of the share component for access licences where share components are specified as ML/year, or
(b) megalitres per unit share for access licences where share components are specified as a number of unit shares.
The sum of available water determinations made for any access licence with a share component that specifies one of these water sources must not, in any water year, exceed—
(a) 100% of the access licence share component for all access licences where share components are specified as ML/year, or
(b) 1 megalitre per unit share of the access licence share component for all access licences where share components are specified as a number of unit shares.
(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 33B 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 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 33B is to be made for unregulated river (special additional high flow) access licences.
Division 4 of this Part provides for the making of available water determinations for unregulated river (special additional high flow) 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 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 the granting of specific purpose access licences under the regulations and the relevant water sharing plan..
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.
Applications may not be made for an access licence of the subcategory “Aboriginal cultural” if the share component of the proposed access licence is more than 10 ML/year.
An access licence of the subcategory “Aboriginal cultural” may only be granted for the taking of water by an Aboriginal person or Aboriginal community for any personal, domestic or communal purpose, including drinking, food preparation, washing, manufacturing traditional artefacts, watering domestic gardens, cultural teaching, hunting, fishing, gathering and for recreational, cultural and ceremonial purposes.
(Repealed)
The Act and the regulations provide for the keeping of water allocation accounts for access licences. The rules in this Division impose further limits on the water that may be taken under an access licence over a specified period of time. These limits 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 the Namoi Unregulated Rivers Water Sources.
For the period of the first three water years in which this Plan has effect, water taken under an unregulated river access licence must not exceed a volume equal to—
(a) 50% of the water allocations accrued to the water allocation account for the access licence from available water determinations in the first water year, plus
(b) the sum of water allocations accrued to the water allocation account for the access licence from available water determinations in the second and third water years, plus
(c) the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act in those water years, plus
(d) any water allocations recredited to the water allocation account for the access licence in accordance with section 76 of the Act in those water years.
For the period of any three consecutive water years after the first water year in which this Plan has effect, water taken under an unregulated river access licence must not exceed a volume equal to the lesser of—
(a) the sum of—
(i) water allocations accrued to the water allocation account for the access licence from available water determinations in those three water years,
(ii) the water allocations carried over in the water allocation account for the access licence from the water year prior to those three water years under subclause (5),
(iii) the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act in those three water years, and
(iv) any water allocations recredited to the water allocation account for the access licence in accordance with section 76 of the Act in those three water years, or
(b) the sum of—
(i) the share component of the access licence at the beginning of the first of those three water years, and
(ii) the share component of the access licence at the beginning of the second of those three water years, and
(iii) the share component of the access licence at the beginning of the third of those three water years, and
(iv) the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act in those three water years, and and
(v) any water allocations re-credited to the water allocation account for the access licence in accordance with section 76 of the Act in those three water years and.
In any water year in which this Plan has effect, water taken under a domestic and stock access licence, a local water utility access licence or an unregulated river (special additional high flow) access licence must not exceed a volume equal to—
(a) the sum of water allocations accrued to the water allocation account for the access licence from available water determinations in that water year, plus
(b) the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act in that water year, plus
(c) any water allocations recredited to the water allocation account for the access licence in accordance with section 76 of the Act in that water year.
Water allocations remaining in the water allocation account for an unregulated river access licence are to be carried over from one year to the next, up to a maximum of 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, a local water utility access licence, or an unregulated river (special additional high flow) 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 one of the Peel Unregulated Rivers Water Sources.
In any three consecutive water years, water taken under a domestic and stock access licence, a local water utility access licence or an unregulated river 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 those three water years, plus
(b) the net amount of any water allocations assigned to and from the water allocation account for the access licence under section 71T of the Act in those three water years, plus
(c) 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.
Water allocations remaining in the water allocation account for a domestic and stock access licence, a local water utility access licence or an unregulated river access licence are to be carried over from one year to the next, up to a maximum of—
(a) 100% of the access licence share component for access licences with share components expressed as ML/year, or
(b) 1 ML per unit share of the access licence share component for access licences with share components expressed as a number of unit shares.
Part 12 of this Plan allows for amendments to be made to this Division.
The rules in this Division apply to the taking of water under an access licence with a share component that specifies one of these water sources.
This Plan establishes the flow classes specified in Column 3 of Table B to this clause for the sharing of flows on a daily basis in these water sources.
The flow classes in Column 3 of Table B and the reference points specified in Column 6 of Table B are established for each water source specified in Column 1 and each management zone specified in Column 2 of Table B.
Subject to subclause (4) and (5), 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 lake level (in metres Australian Height Datum, hereafter m AHD) as measured at the reference point specified in Column 6 of Table B is equal to the flow specified in Column 5 of Table B.
For flow classes that are determined based on flows at more than one flow measuring gauge, on any day that it is not possible to determine the flow at a reference point specified in Column 6 of Table B due to flow data not being available from a flow measuring gauge, then the flow class applies for the relevant management zone when flows as measured at the remaining functioning gauge specified in Column 6 of Table B are equal to the flows specified in Column 5 of Table B for that gauge.
Subject to subclause (4), if in the Minister’s opinion, accurate flow data is not available on any day from a flow measuring gauge used to determine a flow class, the Minister may determine the flow class that applies for that day and notify the licence holder in writing of the flow class that applies for that day. For the purpose of this subclause, notification includes publishing a notice on the Department’s website.
For the purpose of determining the flow class that applies on a particular day under subclause (5), 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 1 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, and in relation to the Peel Unregulated River Water Sources, are taken to have commenced on the commencement of the Water Sharing Plan for the Peel Valley Regulated, Unregulated, Alluvium and Fractured Rock Water Sources 2010, unless otherwise specified in Column 4 of Table B.
For the purpose of Table B
Only those water sources for which flow classes have been established at the commencement of this Plan are shown in Table B.
Table B—Flow Classes
Column 1 | Column 2 | Column 3 | Column 4 | Column 5 | Column 6 | Column 7 |
Water source | Management zone | Flow class | Commencement | Flow (ML/day) or lake level (m AHD) | Reference point | Day on which flow class applies |
Mid Macdonald River Water Source | Macdonald River Upstream Woolbrook Management Zone | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 10 ML/day | Macdonald River at Woolbrook gauge (419010) | Same day |
A Class | Year 1 of this Plan | More than 10 ML/day | ||||
Macdonald River Downstream Woolbrook Management Zone | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 10 ML/day | Macdonald River at Retreat gauge (419028) | Same day | |
A Class | Year 1 of this Plan | More than 10 ML/day | ||||
Upper Namoi Water Source | Macdonald and Namoi Rivers Management Zone | Very Low Flow Class | Year 1 of this Plan | No visible flow over the crest of the Manilla Weir | Manilla Weir on the Namoi River | Same day |
A Class | Year 1 of this Plan | Visible flow over the crest of the Manilla Weir | ||||
Halls Creek Management Zone | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 1 ML/day | Halls Creek at Ukolan gauge (419029) | Same day | |
A Class | Year 1 of this Plan | More than 1 ML/day | ||||
Upper Manilla Water Source | Manilla River Management Zone | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 3 ML/day | Manilla River at Black Springs gauge (419053) | Same day |
A Class | Year 1 of this Plan | More than 3 ML/day | ||||
Ironbark Creek Management Zone | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 3 ML/day | Ironbark Creek at Woodsreef gauge (419047) | Same day | |
A Class | Year 1 of this Plan | More than 3 ML/day | ||||
Lake Goran Water Source | Lake Goran Management Zone | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 294.7 metres AHD | Lake Goran at Hokey Pokey gauge (419066) | Same day |
A Class | Year 1 of this Plan | More than 294.7 metres AHD | Same day | |||
Coxs Creek Water Source | Mid Coxs Creek Management Zone | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 17.5 ML/day at Tambar Springs gauge or less than or equal to 15 ML/day at Tourable gauge | Coxs Creek at Tambar Springs gauge (419033) and Cox Creeks at Tourable gauge (419102) | Same day |
A Class | Year 1 of this Plan | More than 17.5 ML/day at Tambar Springs gauge and more than 15 ML/day at Tourable gauge | ||||
Lower Coxs Creek Management Zone | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 15 ML/day at Tourable gauge or less than or equal to 11 ML/day at Boggabri gauge | Coxs Creek at Tourable gauge (419102) and Coxs Creek at Boggabri gauge (419032) | Same day | |
A Class | Year 1 of this Plan | More than 15 ML/day at Tourable gauge and more than 11 ML/day at Boggabri gauge | ||||
Maules Creek Water Source | Maules and Horsearm Creeks Management Zone | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 1 ML/day | Maules Creek at Avoca East gauge (419051) | Same day |
A Class | Year 1 of this Plan | More than 1 ML/day | ||||
Brigalow Creek Water Source | Brigalow Creek Management Zone | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 4 ML/day | Brigalow Creek at Tharlane gauge (419083) | Same day |
A Class | Year 1 of this Plan | More than 4 ML/day | ||||
Pian Creek Water Source | Lower Pian Creek Management Zone | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 43 ML/day at Dempseys Bridge gauge or less than or equal to 5 ML/day at Waminda gauge | Pian Creek at Dempseys Bridge gauge (419089) and Pian Creek at Waminda gauge (419049) | Same day |
A Class | Year 1 of this Plan | More than 43 ML/day at Dempseys Bridge gauge and more than 5 ML/day at Waminda gauge | ||||
Mooki River Water Source | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 100 ML/day on a rising river or less than or equal to 50 ML/day on a falling river | Mooki River at Breeza gauge (419027) | Same day | |
A Class | Year 1 of this Plan | More than 100 ML/day on a rising river and more than 50 ML/day on a falling river | ||||
Quirindi Creek Water Source | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 2 ML/day | Quirindi Creek at Greenacres gauge (419098) | Same day | |
A Class | Year 1 of this Plan | More than 2 ML/day | ||||
Chaffey Water Source | Peel River Management zone | Very Low Flow Class | 1 July 2010 | 2 ML/day or less | Peel River at Taroona gauge (419081) | Same day |
A Class | 1 July 2010 | More than 2 ML/day | Same day | |||
Goonoo Goonoo Creek Water Source | Downstream Boiling Down Creek Management Zone | Very Low Flow Class | 1 July 2010 | No visible flow at upstream of Calala Lane Road Bridge or zero flow at Timbumburi gauge | Goonoo Goonoo Creek upstream of Calala Lane Road Bridge Lot 1821 DP 1122162, Parish Calala, County Parry and Goonoo Goonoo Creek at Timbumburi gauge (419035) | Same day |
A Class | 1 July 2010 | Visible flow at upstream of Calala Lane Road Bridge and flow at Timbumburi gauge | Same day | |||
Upper Peel River Tributaries Water Source | Dungowan Creek Management Zone—those licences nominating works upstream of Thortons Road Bridge | Very Low Flow Class | 1 July 2010 | No visible flow | Dungowan Creek at Thortons Road Bridge Lot 221 DP 1122162, Parish Woolomin, County Parry | Same day |
A Class | 1 July 2010 | Visible flow | Same day | |||
Dungowan Creek Management Zone—those licences nominating works downstream of Thortons Road Bridge | Very Low Flow Class | 1 July 2010 | No visible flow | Same day | ||
A Class | 1 July 2010 | Visible flow | Same day | |||
Lower Peel River Tributaries Water Source | Moore Creek Management Zone—those licences nominating works upstream of Slippery Rock | Very Low Flow Class | 1 July 2010 | No visible flow at either flow reference point or a visible flow at both reference points without constant visible flow at Slippery Rock over the preceding 24 hours | Moore Creek at the road crossing (the Scout Camp) located within Lot 146 DP 753843 Parish Perry, County Inglis and Moore Creek at Slippery Rock located at Daruka Recreation Lot 36 DP 851460 Parish Moonbi, County Inglis | Same day |
A Class | 1 July 2010 | Visible flow at both flow reference points with a constant visible flow at Slippery Rock over the preceding 24 hours | Same day | |||
Moore Creek Management Zone—those licences nominating works downstream of Slippery Rock | Very Low Flow Class | 1 July 2010 | No visible flow | Moore Creek at Slippery Rock located at Daruka Recreation Reserve Lot 36 DP 851460 | Same day | |
A Class | 1 July 2010 | Visible flow | Same day | |||
Cockburn River Water Source | Cockburn River Management Zone | Very Low Flow Class | 1 July 2020 | Less than or equal to 2.5 ML/day on a rising river and less than or equal to 0.3 ML/day on a falling river | Cockburn River at Kootingal gauge (419099) | Same day |
A Class | 1 July 2020 | Greater than 2.5 ML/day on a rising river and greater than 0.3 ML/day on a falling river | Same day |
The flow percentiles below refer to flows at the gauge and include all days of record.
1 For the Macdonald River at Woolbrook gauge (419010), 10 ML/day corresponds to the estimated 93rd percentile flow.
2 For the Macdonald River at Retreat gauge (419028), 10 ML/day corresponds to the estimated 92nd percentile flow.
3 In the Macdonald and Namoi River Management Zone in the Upper Namoi Water Source, pumping is permitted only when there is a visible flow over the crest of the weir. Pumping is not permitted when there is a visible flow through the Manilla Weir fishway, but not a visible flow over the crest of the weir.
4 For the Halls Creek at Ukolan gauge (419029), 1 ML/day corresponds to the estimated 91st percentile flow.
5 For the Manilla River at Black Springs gauge (419053), 3 ML/day corresponds to the estimated 80th percentile flow.
6 For the Ironbark Creek at Woodsreef gauge (419047), 3 ML/day corresponds to the estimated 57th percentile flow.
7 For the Lake Goran Management Zone at the Hokey Pokey Gauge (419066), 294.7 metres ADH corresponds to approximately 13.5 GL or 11% of the nominal full containment volume of 123 GL.
8 For the Coxs Creek at Tambar Springs gauge (419033), 17.5 ML/day corresponds to the estimated 19th percentile flow.
9 For the Coxs Creek at the recently installed Tourable gauge (419102) 15 ML/day corresponds to the estimated 22ndpercentile flow, based on data from the previously operational Mullaley gauge.
10 For the Coxs Creek at Boggabri gauge (419032) 11 ML/day corresponds to the estimated 18th percentile flow.
11 For the Maules Creek at Avoca East gauge (419051), 1 ML/day corresponds to the estimated 88th percentile flow.
12 For the Brigalow Creek at Tharlane gauge (419083), 4 ML/day corresponds to the estimated 15th percentile flow.
13 For the Pian Creek at Dempseys Bridge gauge (419089), 43 ML/day corresponds to the estimated 18th percentile flow.
14 For the Pian Creek at Waminda gauge (419049), 5 ML/day corresponds to the estimated 47th percentile flow.
15 For the Mooki River at Breeza gauge (419027)—
(i) 100 ML/day corresponds to the estimated 18th percentile flow, and
(ii) 50 ML/day corresponds to the estimated 22nd percentile flow.
16 For the Quirindi Creek at Greenacres gauge (419098), 2 ML/day corresponds to the estimated 11th percentile flow.
17 Zero flow at Goonoo Goonoo Creek at Timbumburi gauge (419035) corresponds to a gauge height of 0.55 m at the commencement of the Water Sharing Plan for the Peel Valley Regulated, Unregulated, Alluvium and Fractured Rock Water Sources 2010.
18 2 ML/day at the Peel River at Taroona gauge (419081) corresponds to the estimated 95th percentile of all days at the commencement of the Water Sharing Plan for the Peel Valley Regulated, Unregulated, Alluvium and Fractured Rock Water Sources 2010.
This clause applies to the taking of water under an access licence from the Namoi Unregulated Rivers Water Sources, excluding the taking of water under an access licence used—
(a) in association with an aquifer interference activity that is an approved EPA Act development when—
(i) in the Minister’s opinion, there are no reasonably practicable measures the access licence holder can take to comply with the access rules under this clause,
(ii) the access licence holder has a water management plan for the aquifer interference activity, that has been approved in accordance with the development consent for the activity under the Environmental Planning and Assessment Act 1979, and
(iii) the water management plan includes conditions that require the return of water to the water source to mitigate the taking of water during times when the access rules apply under this clause, or
Division 3 of Part 6 may be amended to combine the long-term average sustainable diversion limit for these water sources with the long-term sustainable diversion limit for the Peel Regulated River Water Source, the Upper Namoi Regulated River Water Source and the Lower Namoi Regulated River Water Source.
Division 2 of Part 8 of this Plan may be amended to do any of the following—
(a) establish new or additional flow classes in any water source where management zones are added or in any water source or management zone that is amended, during the term of this Plan as specified in clause 73, provided that the Minister is satisfied that the amendments maintain, 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,
(b) amend the flow classes for the Manilla River Management Zone in the Upper Manilla water source if, after the completion of augmentation of Barraba town water supply, a review demonstrates to the Minister’s satisfaction that Barraba town water supply is less dependent on extraction from the Manilla River,
(c) (Repealed)
(d) establish or assign new 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,
(e) establish or assign new TDELs in these water sources or management zones to protect a proportion of flow within each flow class for the environment,
(f) amend or remove TDELs if TDELs have been established or assigned,
(g) include rules for the establishment, assignment and removal of IDELs,
(h) remove the existing access rules where TDELs and/or IDELs have been established under paragraphs (e) or (g) to protect a proportion of flow within each flow class for the environment,
(i) reinstate access rules that applied at the commencement of this Plan, where TDELs and IDELs have been removed under paragraphs (f) and (g),
(j) for the Phillips Creek Water Source, the Mooki River Water Source, the Quirindi Creek Water Source and the Warrah Creek Water Source, reinstate flow classes, TDELs and/or IDELs established by the Water Sharing Plan for the Phillips Creek, Mooki River, Quirindi Creek and the Warrah Creek Water Sources 2003,
(k) subject to paragraph (k), for the Phillips Creek Water Source, the Mooki River Water Source, the Quirindi Creek Water Source and the Warrah Creek Water Source, if the flow classes established by the Water Sharing Plan for the Phillips Creek, Mooki River, Quirindi Creek and the Warrah Creek Water Sources 2003 are reinstated, the Minister may vary the very low flow levels established in clause 17 of that plan, and consequently the bottom of A class established in clause 17, following field verification,
(l) for the Mooki River Water Source, any variation under subclause (k) should not result in a variation of the Very Low Flow Class established for the Mooki River Water Source in Table B, other than a variation that correlates to a cease to pump measured at the Mooki River at Ruvigne of no more than 50 ML/day for all access licences only nominating water supply works downstream of Breeza.
Division 2 of Part 8 may be amended to do any of the following in relation to rules for the Peel Unregulated River Water Sources—
(a) amend the rock bar reference point for the Cockburn River Management Zone in the Cockburn River Water Source in Column 6 of Table B to specify a new gauge at the rock bar on the Cockburn River should such a gauge be installed,
(b) if an amendment is made under paragraph (a) the corresponding flow or river height in Column 5 in Table B should be amended to specify zero flow and flow at the new gauge for the Very Low Flow Class and A Class respectively,
(c) the reference point for those licences nominating works downstream of Thortons Road Bridge in Dungowan Creek Management Zone in Column 6 of Table B may be amended to also specify a site at the end of Dungowan Creek if flow monitoring equipment is installed to allow implementation,
(d) if an amendment is made under paragraph (c) occurs, the corresponding flow or river height in Column 5 in Table B should be amended to specify zero flow and flow at the new gauge for the Very Low Flow Class and A Class respectively,
(e) if an amendment is made under paragraph (c), clause 48 subclause (3) may be amended to exclude those water supply works downstream of Thortons Road Bridge in the Dungowan Creek Management Zone in the Upper Peel River Tributaries Water Source from the visible flow requirement,
(f) the Slippery Rock reference point for the Moore Creek Management Zone of the Lower Peel River Tributaries Water Source in Column 6 of Table B may be amended to specify a new gauge at Slippery Rock should such a gauge be installed,
(g) if an amendment is made under paragraph (f) the corresponding flow or river height in Column 5 in Table B should be amended from no visible flow at Slippery Rock to specify no flow at the new gauge,
(h) to amend the flow or river height specified in Column 5 of Table B for those works nominating upstream of Slippery Rock and/or downstream of Slippery Rock in the Moore Creek Management Zone,
(i) add, remove or modify the flow reference point for any of the Peel Unregulated River Water Sources or associated management zones other than those specified in paragraphs (a) to (i),
(j) add, remove or modify the description of flows at the flow reference point for any of the Peel Unregulated River Water Sources or associated management zones as a result of an amendment under subclause (i), other than those specified in paragraphs (a) to (i),
(k) add, remove or modify the commencement date for a flow class,
(l) add. remove or modify the water sources or management zones to which these flow classes apply, other than those specified in paragraphs (a) to (i),
(m) to amend clause 48 to—
(i) specify alternate access rules for lagoons, lakes, in-river pools and other lentic water features, and/or
(ii) allow a domestic and stock access licence or a domestic and stock (subcategory “domestic”) access licence with a share component that specifies a water source or management zone with a Very Low Flow Class to continue taking water for domestic consumption when flows are in the Very Low Flow Class after year three of this Plan.
Part 9 may be amended to do any of the following—
(a) amend clause 52 to specify water sources or management zones where water supply work approvals must not be granted or amended to authorise in-river dams on third or higher order streams,
(b) amend the definition of a replacement surface water supply work in clause 52 (4).
(c), (d) (Repealed)
Part 10 may be amended to do any of the following—
(a) after year two of this Plan, specify different dealing rules, taking into account any review that may be conducted or assessed as adequate by the Department including in relation to—
(i) the impact of different dealing rules on hydrological stress over a range of flows, in-stream values, stream health and Aboriginal cultural assets,
(ii) the identification of water sources where dealing limits for trade are needed,
(iii) the identification of water sources which have hydrological connectivity and where dealing limits are not needed, and
(iv) the types of trade that may be made available between certain water sources, or
(b) specify different dealing rules for the Manilla River Management Zone in the Upper Manilla Water Source if, after the completion of augmentation of Barraba town water supply, a review demonstrates to the Minister’s satisfaction that Barraba town water supply is less dependent on extraction from the Manilla River,
(c) to provide for the conversion of regulated river (high security) access licences that specify regulated river water sources connected to, and downstream of, these water sources to access licences with share components that specify these water sources.
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 or remove a definition.
(Repealed)
Schedule 1A may be amended to add a new access licence, if in the Minister’s opinion the access licence was used to take water from an off-river pool in the Phillips Creek Water Source, the Mooki River Water Source, the Quirindi Creek Water Source, and the Warrah Creek Water Source before the commencement of the Water Sharing Plan for the Phillips Creek Water Source, the Mooki River Water Source, the Quirindi Creek Water Source and the Warrah Creek Water Source 2003. The holder of the access licence must, to the Minister’s satisfaction, demonstrate a history of extraction regarding the taking of water from an off-river pool and provide any other information as required by the Minister.
Schedule 1A may be amended to remove an access licence.
Schedule 1A or part thereof may be deleted if the Minister is satisfied that it is no longer required.
Schedule 2 may be amended to add or remove or add access licences from Column 1 of Schedule 2 and amend, add or remove access rules from Column 3 of Schedule 2.
Schedule 3 may be amended to do any of the following—
(a) add a new access licence to clause 1 of Schedule 3, provided that a written request has been made to the Minister and the Minister is satisfied that extraction under the access licence is for a purpose listed in clause 47 (18) (a) and that the purpose was specified on, or referred to in the conditions of, the Water Act 1912 entitlement that was replaced by the access licence,
(b) add a local water utility access licence or an access licence of the subcategory “Town water supply” to clause 2 of Schedule 3, provided the Minister is satisfied that the water supply system used to take, store and deliver water has not undergone major augmentation since the commencement of this Plan,
(c) remove an access licence or Water Act 1912 entitlement from clause 1 of Schedule 3 if—
(i) an access licence dealing results in water being taken under the licence from a different location, or
(ii) an alternative water supply is obtained, or
(iii) the access licence is surrendered or cancelled,
(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 3 if—
(i) the Minister is satisfied that the water supply system used to take, store and deliver water has undergone major augmentation since the commencement of this Plan, or
(ii) the access licence is surrendered or cancelled.
Schedule 3 or part thereof may be deleted if the Minister is satisfied that it is no longer required.
Schedule 4 may be amended to do any of the following—
(a) add a new access licence to clause 1 of Schedule 4, 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 48 (5) (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 4, 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 4 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,
(iii) the 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 4 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 4 or part thereof may be deleted if the Minister is satisfied that it is no longer required.
A schedule may be added to this Plan to list access licences subject to specific access rules for in-river pools, off-river pools and in-river dams, based on the following requirements—
(a) the applicant has held a Water Act 1912 entitlement that has been converted to an access licence on commencement of this Plan, and
(b) the applicant must demonstrate a history of extraction prior to commencement of this Plan regarding the taking of water from off-river pools or in-river pools and provide any other information as required by the Minister.
This subclause does not apply to an access licence with a share component that specifies the Phillips Creek Water Source, the Mooki River Water Source, the Quirindi Creek Water Source or the Warrah Creek Water Source.
(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)
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 of the Commonwealth.
This Plan may be amended after year five to provide rules for the protection of water dependent Aboriginal cultural assets to do any of the following—
(a) identify water dependent Aboriginal cultural assets,
(b) amend the access rules to protect water dependent Aboriginal cultural assets,
(c) restrict the granting and amending of water supply work approval to protect water dependent Aboriginal cultural assets, 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.
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 water access licence other than a floodplain harvesting access licence,
(b) a basic landholder right,
(c) an exemption from the need to hold a licence to take water under the Act.
(a) a pool that is on a flood-runner or floodplain, or
(b) a pool that is on an effluent that only commences 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.
NSW Department of Planning, Industry and Environment - Water
PO Box 550
TAMWORTH NSW 2340
This clause applies to each access licence which replaces a Water Act 1912 entitlement listed in the table below.
Access licences |
At the commencement of this Plan there are no access licences listed in this Schedule. Clause 81 (1A) allows for this Plan to be amended to add access licences to this Schedule subject to the requirements in that clause.
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 |
90SL100823H | Lower Namoi Water Source | Water must not be taken under this access licence unless the discharge of the Namoi River at the D/S Weeta Weir gauge (419068) exceeds 1,600 megalitres per day. |
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 |
90SL040990 90SL041470 90SL100287 90SL100654 |
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 |
90SL004850 90SL004965 90SL021869 90SL023788 90SL042521 90SL048393 90SL100362 |
This clause applies to each access licence which replaced a Water Act 1912 entitlement listed in the table below.
Water Act 1912 entitlements that were replaced by access licences on commencement of the Water Sharing Plan for the Peel Valley Regulated, Unregulated, Alluvium and Fractured Rock Water Sources 2010. |
90SL040426 90SL043074 90SL028794 90SL033145 90SL044228 |
This clause applies to each access licence which replaced a Water Act 1912 entitlement listed in the table below.
Water Act 1912 entitlements that were replaced by local water utility access licences or access licences of the subcategory “Town water supply” on commencement of the Water Sharing Plan for the Peel Valley Regulated, Unregulated, Alluvium and Fractured Rock Water Sources 2010 |
90SL011230 |
(Repealed)
(Repealed)
It is expected that those access licences which replace Water Act 1912 entitlements listed in Column 1 of the table below and which have share components that specify the water sources listed in Column 2 of the table below, will have the applicable Water Act 1912 condition specified in Column 3 imposed as mandatory conditions to give effect to clause 47 (7) of this Plan.
Column 1 | Column 2 | Column 3 | |
Water Act 1912 entitlements that will be replaced by access licences on commencement of this Plan | Water Source | Water Act 1912 conditions | |
90SL100823H | Lower Namoi Water Source | The authorised work shall not be used for the purpose of irrigating the authorised area or any part thereof, unless the discharge of the Namoi River at the downstream Weeta Weir Gauge exceeds 1600 megalitres per day (such discharge corresponding to a reading on the said gauge of 179.15 metres or such other reading as may be determined from time to time). | |
90SL45571 | Werris Creek Water Source | The pump shall not be used for the purpose of irrigation unless there is a visible flow in the unnamed watercourse immediately above its junction with the pool level maintained by the “Gap Railway Dam” on Werris Creek. | |
90SL101064 | Upper Namoi River Water Source | The authorised work/s shall not be used for the purpose of irrigation unless there is a flow of 28 megalitres per day at the North Cuerindi Gauge on the Namoi River. | |
90SL100820 | Upper Namoi River Water Source | The authorised 50 mm pump shall not be used for the purpose of irrigation unless there is a visible flow over the weir authorised by Licence No 90SL004754 held by Tamworth Regional Council and unless there is a flow in the Namoi River at Wittagoona/East Hills Gauge that exceeds 50 megalitres per day, with such flow corresponding to a gauge reading of 0.54 metres or such other reading as may be determined from time to time. | |
90SL100935 | Upper Namoi River Water Source | Any pump over 250mm in capacity shall not be used for the purpose of irrigation unless there is a flow over the weir authorised by licence no. 90SL004754 held by Tamworth Regional Council of least 100 megalitres per day. | |
90SL100962 | Upper Namoi River Water Source | The licensed 250mm pump shall not be used for the purpose of irrigation unless the flow in the Namoi River at the North Cuerindi Gauge is in excess of 100 megalitres per day. | |
90SL100975 | Upper Namoi River Water Source | Any pump of 250mm capacity or greater capacity shall not be used for the purpose of irrigation unless there is a flow in the Namoi River at the North Cuerindi Gauge of at least 100 megalitres per day. | |
90SL100976 | Upper Namoi River Water Source | Any pump of 250mm capacity or greater capacity shall not be used for the purpose of irrigation unless there is a flow in the Namoi River at the North Cuerindi Gauge of at least 100 megalitres per day. | |
90SL100977 | Upper Namoi River Water Source | Any pump of 250mm capacity or greater capacity shall not be used for the purpose of irrigation unless there is a flow in the Namoi River at the North Cuerindi Gauge of at least 100 megalitres per day. | |
90SL101041 | Upper Namoi River Water Source | Any pump of 250mm capacity or greater capacity shall not be used for the purpose of irrigation unless there is a flow in the Namoi River at the North Cuerindi Gauge of at least 100 megalitres per day. | |
90SL100934 | Upper Namoi River Water Source | The licensed 380 mm pump shall not be used for the purpose of irrigation unless the flow in the Namoi River at the North Cuerindi Gauge is in excess of 95 megalitres per day (such discharge corresponding to a reading on the said gauge of 0.88 metre or such other reading as may be determined from time to time). | |
90SL042638 | Upper Manilla Water Source | The licensed work shall not be used for the purpose of irrigation unless there is a visible flow in Barraba Creek at the rock bar situated immediately downstream of the railway bridge on Lot 1 DP 709498, Parish of Barraba, County of Darling. | |
90SL045974 | Upper Manilla Water Source | The pump shall not be used for the purpose of irrigation unless there is a visible flow in Paling Yard Creek at the road causeway on the Tiabundle Road located between Lots 166 and 40 of DP752197. | |
90SL100812 | Upper Manilla Water Source | The authorised work must not be used for the purpose of irrigation unless the flow in Ironbark Creek at gauging station 419047 (at Woodreef) exceeds 7 megalitres per day. And there must be a visible flow of water over the causeway on Coonoor Road where it crosses Ironbark Creek approximately 150 metres downstream from the pump site. | |
90SL049694 | Upper Macdonald River Water Source | The authorised work shall not be used for the purpose of irrigation unless the flow in Smith’s Creek overtops a permanent mark fixed to a rock bar located approximately 50 metres upstream of the south west boundary of Lot 66 DP 756468, Parish of Branga, County of Vernon. The level of the permanent mark (bolt) shall be fixed at not higher than 2 metres below the level of a bench mark established on a gum tree on the left bank of the watercourse near the control point and particulars of which are retained in the office of NSW Office of Water . | |
90SL100786 | Pian Creek Water Source | No water shall be diverted from the Unnamed Watercourse unless water is being diverted into the said Unnamed Watercourse by means of the authorised works approval and associated access licence on the Namoi River and water has been continuously diverted for the preceding 12 hours. | |
90SL100948 | Mid Macdonald River Water Source | The approval holder must not take any water from an approved work for the purpose of irrigation, unless the water level in the Macdonald River at the Retreat Gauge is greater than 38 megalitres per day (such discharge corresponding to a reading on the said gauge of 0.53 metres or such other reading as may be determined from time to time). | |
90SL037340 | Maules Creek Water Source | The authorised work shall not be used for the purpose of irrigation unless there is a visible flow over the concrete causeway crossing of Maules Creek known as Merriendi Crossing. | |
90SL046395 | Maules Creek Water Source | The pump shall not be used for the purpose of irrigation unless the flow in Maules Creek at Elfin Crossing exceeds 200 megalitres per day (such discharge corresponding to a gauge reading of 0.49 metre or such other reading as may be determined from time to time). | |
90SL047307 | Maules Creek Water Source | The 100 mm pump shall not be used for the purpose of irrigation unless the gauge height at Elfin Crossing exceeds 0.26 metres( which flow corresponds to a discharge of 14 ML/day). | |
90SL047307 | Maules Creek Water Source | The 380 mm pump shall not be used for the diversion of water for any purpose from Maules Creek until the gauge height at Elfin Crossing exceeds 0.41 metres ( which flow corresponds to a discharge of 206 ML/day). | |
90SL047562 | Maules Creek Water Source | The authorised work shall not be used for the purpose of irrigation unless there is a visible flow in Maules Creek over the Merriendi concrete road causeway, situated on portion 41, Parish of Therribri, County of Nandewar. | |
90SL100765 | Maules Creek Water Source | The pump shall not be used for the purpose of irrigation unless the flow in Maules Creek at Elfin Crossing exceeds 206 megalitres per day ( such discharge corresponding to a gauge reading of 0.61 metre or such other reading as may be determined from time to time). You can obtain the latest information regarding Maules Creek flow and gauge heights by logging into the Departments WEB site at Water Source | The licensed work shall not be used for the purpose of irrigation unless there is a visible flow in Greenhatch Creek at the Rushes Creek Road Crossing, the said crossing being located approximately 300 metres upstream of the junction of Greenhatch Creek with the Namoi River. |
90SL25851 | Keepit Water Source | The authorised work shall not be used for any purpose unless there is a visible flow in Greenhatch Creek at the road crossing at the north west corner of Lot 228 DP 752191, Parish of Manilla, County of Darling, the said crossing being located approximately 1200 metres upstream of the junction of Greenhatch Creek with the Namoi River. | |
90SL28830 | Keepit Water Source | The licensed work shall not be used for the purpose of irrigation unless there is a visible flow in Greenhatch Creek at the Rushes Creek Road Crossing, the said crossing being located approximately 300 metres upstream of the junction of Greenhatch Creek with the Namoi River. | |
90SL31646 | Keepit Water Source | The authorised work shall not be used for any purpose unless there is a visible flow in Greenhatch Creek at the road crossing at the north west corner of portion 228, Parish of Manilla, County of Darling, the said crossing being located approximately 1200 metres upstream of the junction of Greenhatch Creek with the Namoi River. | |
90SL034807 | Keepit Water Source | The licensed work shall not be used for the purpose of irrigation unless there is a visible flow in Greenhatch Creek over a clay bar 100 metres downstream of the common boundary of Lot A DP 442930 and Lot 29 DP 752191, Parish of Manilla, County of Darling, and the licensed work shall not be used for the purpose of irrigation unless there is a visible flow in Greenhatch Creek at the road crossing at the north west corner of Lot 228 DP 752191, Parish of Manilla, County of Darling, the said crossing being located approximately 1200 metres upstream of the junction of Greenhatch Creek with the Namoi River. | |
90SL034951 | Keepit Water Source | The licensed work shall not be used for the purpose of irrigation unless there is a visible flow in Greenhatch Creek over a clay bar 100 metres downstream of the common boundary of Lot A DP 442930 and Lot 29 DP 752191, Parish of Manilla, County of Darling, and the licensed work shall not be used for the purpose of irrigation unless there is a visible flow in Greenhatch Creek at the road crossing at the north west corner of Lot 228 DP 752191, Parish of Manilla, County of Darling, the said crossing being located approximately 1200 metres upstream of the junction of Greenhatch Creek with the Namoi River. | |
90SL48383 | Keepit Water Source | The licensed work shall not be used for the purpose of irrigation unless there is a visible flow in Greenhatch Creek at the Rushes Creek Road Crossing, the said crossing being located approximately 300 metres upstream of the junction of Greenhatch Creek with the Namoi River. | |
90SL49194 | Bundock Creek Water Source | The authorised work shall not be used to divert water for the purpose of irrigation unless there is a visible flow downstream in Molee Creek at the pipe culvert situated between part portion 55 and Portion 67, Parish of Gurleigh, county of White. | |
90SL50498 | Bundock Creek Water Source | The authorised work shall not be used to divert water for the purpose of irrigation unless there is a visible flow downstream in Molee Creek at the pipe culvert situated between Lot 102 DP 814925 (formerly part portion 55) and Lot 67 DP 757105 (formerly portion 67), Parish of Gurleigh, county of White. | |
90SL051043 | Coghill Creek Water Source | The authorised work shall not be used unless a visible flow exists and is maintained in Coghill Creek from the road bridge on the Wee Waa - Pilliga road, downstream to its confluence with the Namoi River. | |
90SL037282 | Coxs Creek Water Source | The authorised works shall not be used for the purpose of irrigation unless there is a visible flow in Bomera Creek at the road crossing at the south- western corner of WR66, Parish of Bomera, County of Pottinger. | |
90SL050545 | Coxs Creek Water Source | The authorised work shall not be used for the diversion of water from Cox’s Creek in excess of 60 MLs/day unless; the discharge of Cox’s Creek at the Mullaley Gauge is in excess of 15 ml/day; and the discharge of Cox’s Creek at the Boggabri gauge is in excess of 20 ml/day, such discharge corresponding to readings on the said gauges of 0.66 metres and 0.44 metres respectively, or such other readings as may be determined from time to time. | |
90SL050545 | Coxs Creek Water Source | The authorised work shall not be used for the diversion of water from Cox’s Creek to its maximum capacity unless; the discharge of Cox’s Creek at the Mullaley Gauge is in excess of 15MLs/day; and the discharge of Cox’s Creek at the Boggabri gauge is in excess of 250 MLs/day, such discharge corresponding to readings on the said gauges of 0.66 metres and 0.98 metres respectively, or such other readings as may be determined from time to time. | |
90SL10056 | Coxs Creek Water Source | When there is a flow in Dunnadie Creek, the pump(s) shall not be operated unless visible flows have firstly reached the flow level of the pipes in the causeway of the the shire road into “Kirkham”, located between portions 96 and 98, Parish of Denison, County of Pottinger, provided that operation of the pump(s) must discontinue once flows cease at the Keringle-Ghoolendaadi road causeway. | |
90SA001791 | Baradine Creek Water Source | During periods of inflow into the storage of the weir on Baradine Creek diversion by the authorised works from the storage of the weirshall not commence until the Bungle Gully Dam spills. | |
90SA001792 | Baradine Creek Water Source | The authorised works shall not be used during periods of inflow into the storage of the weir on Turragulla Creek unless there is a visible flow in the said creek at the bridge on the Epping Road. | |
90SA011749 | Baradine Creek Water Source | When there is a flow in Turragulla Creek the subject works shall not be used for the purpose of irrigation unless there is a visible flow in Turrugulla Creek at its confluence with the Namoi River. | |
90SL51241 | Baradine Creek Water Source | The authorised works shall not be used for the purpose of irrigation unless there is a visible flow in Baradine Creek at its confluence with the Namoi River between portions 19 and 25, Parish of Cumberdoon, County of Baradine. |
(Repealed)
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