Water Sharing Plan for the New South Wales Murray and Lower Darling Regulated Rivers Water Sources 2003 (NSW)
This Plan is the Water Sharing Plan for the New South Wales Murray and Lower Darling Regulated Rivers Water Sources 2003 (hereafter
This Plan is made under section 50 of the Water Management Act 2000, as amended (hereafter
This Plan covers the core provisions of section 20 of the Act for water sharing, and additional provisions of section 21 of the Act, and other relevant matters.
This Plan takes effect on 1 July 2004 and ceases 10 years after that date.
The water sources in respect of which this Plan is made shall be known as the New South Wales Murray Regulated River Water Source and the Lower-Darling Regulated River Water Source (hereafter
The New South Wales Murray Regulated River Water Source (hereafter
The Lower-Darling Regulated River Water Source (hereafter
A regulated river is a river that has been declared by the Minister, by order published in the New South Wales Government Gazette, to be a regulated river.
The regulated rivers referred to in subclauses (2) and (3) are listed in Appendix 1.
The rivers included in these water sources may be varied under section 45 (1) (b) of the Act as set out in Part 14.
These water sources are within the Murray Water Management Area as constituted by the Ministerial order published in the NSW Government Gazette (hereafter
A diagram of the NSW Murray and Lower Darling region is contained in Appendix 2.
This Plan applies to the water distributed to New South Wales under Part X of the Murray Darling Basin Agreement.
This Plan does not apply to water contained within aquifer water sources underlying these water sources or to water on land adjacent to these water sources.
The New South Wales share of the waters of the Murray Regulated River Water Source is subject to the water accounting and other arrangements that arise from the Murray Darling Basin Agreement.
Management of floodplain harvesting will not be a component of individual water sharing plans being produced for the regulated and unregulated rivers. Management of floodplain harvesting will occur according to a number of state-wide management principles, attached in Appendix 3.
Terms that are defined in the Act have the same meaning in this Plan, unless redefined in Schedule 1, and the effect of these terms may be explained in Notes.
Additional terms are defined in Schedule 1.
Notes in this Plan do not form part of this Plan.
Schedules to this Plan form part of this Plan.
Appendices to this Plan do not form part of this Plan.
This Plan applies from the date of commencement to those matters that are being administered under the Act, at that time.
This Plan applies to other matters from the date the relevant provisions of the Act are commenced.
To the extent possible the rules embodied in this Plan will apply to matters administered under the Water Act 1912 in the interim.
In accordance with section 16 (1) (a) of the Act, this Plan is consistent with the State Water Management Outcomes Plan published in the Gazette on 20 December 2002 (hereafter
Schedule 2 identifies the SWMOP targets applicable to this Plan and how this Plan contributes to meeting these targets.
This Part is made in accordance with section 35 (1) of the Act.
The vision for this Plan is to achieve a healthy River Murray and Lower Darling system, sustaining communities and preserving unique values.
The objectives of this Plan are to:
(a) improve opportunities for natural regeneration and breeding cycles and ecological processes reliant on seasonal patterns, in particular by reinstating more natural wetting and drying cycles,
(b) increase the connectivity between the river and floodplain during spring and early summer,
(c) contribute to the maintenance or enhancement of the physical habitats of the river system,
(d) improve the opportunities for breeding of native fish and other native organisms by encouraging the migration of native fish and allowing access to spawning sites, food sources and improved water quality, including correct thermal conditions,
(e) promote the recovery of threatened species, populations and ecological communities,
(f) contribute to expansion and diversification of river bank habitat,
(g) contribute to maintenance of bank stability,
(h) assist in maintenance of the ecological health of anabranches and billabongs, particularly for habitat that may not be provided in the main river channel,
(i) contribute to the maintenance or improvement of water quality to downstream water environments,
(j) protect basic landholder rights to access water, and
(k) enhance the viability, sustainability and security of primary and secondary, recreational and tourist industries, and the communities of the Murray-Lower Darling region.
The strategies for reaching the objectives established in clause 10 are to:
(a) establish environmental water provisions (Part 3 of this Plan),
(b) identify water requirements for basic landholder rights (Part 4 of this Plan),
(c) identify water requirements for access licences (Part 6 of this Plan),
(d) establish rules for granting of access licences (Part 7 of this Plan),
(e) establish provisions that place limits on the availability of water (Part 8 of this Plan),
(f) establish rules for making available water determinations (Part 8 of this Plan),
(g) establish rules for the operation of water accounts (Part 9 of this Plan),
(h) establish provisions specifying circumstances under which water may be extracted (Part 9 of this Plan), and
(i) establish access licence dealing rules (Part 10 of this Plan).
The following indicators are to be used to determine the performance of this Plan against its objectives:
(a) change in ecological condition of the water source and dependent ecosystems,
(b) change in low flow regime,
(c) change in moderate to high flow,
(d) change in water quality in the water source,
(e) extent to which domestic and stock rights requirements have been met,
(f) extent to which local water utility and major utility requirements (where major utilities are involved in urban water provision) have been met,
(g) change in economic benefits derived from water extraction and use,
(h) extent of recognition of spiritual, social and customary values of water to Aboriginal people and
(i) extent to which native title rights have been met.
Appendix 4 details the objectives to which these performance indicators relate and the methods for informing indicators.
New South Wales is committed to ongoing negotiations with Victoria, South Australia and the Commonwealth over the development of environmental water provisions for the Murray River.
This Part is made in accordance with sections 5 (3), 8 (1), 8 (2) and 20 (1) (a) of the Act.
This Plan establishes the following planned environmental water rules:
(a) water volume in excess of the long-term extraction limits established in clause 31 of this Plan may not be taken from this water source and used for any purpose, and
(b) water availability is to be managed as specified in clause 33 of this Plan to ensure water volume in excess of the long-term extraction limits is not being taken.
Clauses 14 (a) and 14 (b) contribute to protection of fundamental ecosystem health by ensuring the long-term average volume of water that the environment receives is not eroded by increases in extraction by NSW water users.
Subclauses (2)–(15) establish planned environmental water rules relating to the management of the New South Wales Barmah-Millewa Environmental Water Allowance (hereafter
The management of the Barmah-Millewa Allowance is a shared New South Wales and Victorian responsibility. These rules outline the obligation of New South Wales in the management of the Barmah-Millewa Allowance.
A volume of up to 50,000 megalitres (hereafter
Separate accounts are to be kept setting out the volumes credited to, debited from, or taken from the Barmah-Millewa Allowance and the Barmah-Millewa Overdraw.
The following rules shall apply to the management of water allocations in the water allocation accounts of the Barmah-Millewa Allowance and the Barmah-Millewa Overdraw accounts:
(a) water remaining in the Barmah-Millewa Allowance account at the end of a water year may be carried over from one water year to the next subject to subclauses (b)–(d),
(b) the maximum volume that may be held in the Barmah-Millewa Allowance at any time is 350,000 ML,
(c) the maximum volume that may be held in the Barmah-Millewa Overdraw at any time is 50,000 ML,
(d) the amount of water carried over in the Barmah-Millewa Allowance under paragraph (a) shall be reduced based on the net evaporation from the extra surface area in the water storages generated by the carried over water.
Note— The evaporative loss shall be calculated as a fraction of the New South Wales share of the total loss from Hume and Dartmouth reservoirs at the end of each month, applied to the carried over volume, excluding any volume taken under subclause (9) for allocation to New South Wales access licences. The New South Wales share of total loss shall be calculated on a pro-rata basis between each State’s allocation, excluding any volumes taken under subclause (9).
Subject to subclause (4), the following volumes of water shall be credited to the Barmah-Millewa Allowance:
(a) 50,000 ML multiplied by the percentage of the seasonal allocation for Victorian high reliability water shares in the Murray Water Source, minus the volume of the Barmah-Millewa Overdraw released in the preceding water year under subclause (8),
Note— High reliability water share is the high security component of Victorian water licences, low reliability water share is a lower security component.
(b) a further 25,000 ML when total natural inflow to Hume Reservoir for the month defined in Table 1, first exceeds one of the respective triggers as defined in Table 1,
Table 1: Exogenous triggers for lower-security allocation
Month
1 Jul
1 Aug
1 Sep
1 Oct
1 Nov
1 Dec
Preceding Period (months)
30
31
32
33
34
35
Trigger (GL)
8650
8988
9243
9253
9267
9280
Note— Natural inflows to Hume Reservoir are the inflows that would have occurred to Hume Reservoir but for the influence of Dartmouth Dam and the Snowy Mountains Hydroelectric Scheme. Natural inflows to Hume Reservoir are calculated by water balance and are adjusted for the net impact of the Snowy Mountains Hydroelectric Scheme and impoundments and losses in Dartmouth.
(c) in accordance with subclause (13) such volume as is necessary to return to the Barmah-Millewa Allowance any volume that has been taken from it under subclause (9).
If water is credited to the Barmah-Millewa Allowance under subclause (5) (b) in July, and the exogenous trigger for August is not met, then the volume of water in the Barmah-Millewa Allowance shall be reduced by an amount equal to the credit made in July.
Any allocation made in July under subclause (5) (b) is preliminary only and made to ensure sufficient resources are reserved for subsequent formal allocation. If the trigger is exceeded only in July, then no allocation is made. However, if the trigger is exceeded in any of the months from August to December, the allocation is made even if the trigger is exceeded in only one month.
Whenever Hume Dam spills, water shall first spill from the carried-over component of the Murray Additional Environmental Allowance, and then from the carried over component of the Barmah-Millewa Allowance, which shall be debited by a volume equal to the lesser of:
(a) the New South Wales share of the volume of water spilled less any carried over component of the Murray Additional Environmental Allowance, and
(b) the volume held in the account at the commencement of the spill minus 100,000 ML, minus a volume equal to that taken from the Barmah-Millewa Allowance in the previous year under subclause (9) limited to 100,000 ML.
Releases of the Barmah-Millewa Allowance and the Barmah-Millewa Overdraw from Hume Dam shall be made to provide environmentally beneficial outcomes for the Barmah-Millewa forest, in accordance with any relevant inter-state agreements.
Water shall be taken from the Barmah-Millewa Allowance and made available to the Regulated Murray Water Source access licences whenever the sum of available water determinations for Murray Water Source regulated river (general security) access licences during the year is less than the total volume required to achieve the target water availability.
The target water availability for the purposes of subclause (9) is determined to be:
(a) equal to 0.3 ML multiplied by the total number of unit shares specified in share components of all Murray Water Source regulated river (general security) access licences, or
(b) equal to 0.5 ML multiplied by the total number of unit shares specified in share components of all Murray Water Source regulated river (general security) access licences if there are exceptional circumstances.
Exceptional circumstances for the purposes of subclause (10) are defined as occurring when the average November water availability for the four years up to, and including, the current year would otherwise have been less than 0.5 ML multiplied by the total number of unit shares for all Murray Water Source regulated river (general security) access licences. However exceptional circumstances will not occur if they occurred in the previous water year. For the purposes of this clause the average November water availability is the sum of available water determinations for Murray Water Source regulated river (general security) access licences during each water year as at 30th November, and the water carried over in Murray Water Source regulated river (general security) access licence water allocation accounts from the previous water year.
The volume of water taken from the Barmah-Millewa Allowance under subclause (9) shall be the lesser of:
(a) the volume necessary to permit further available water determinations to Murray Water Source access licence accounts such that the target water availability, determined in subclause (10), is achieved, and
(b) the volume in the Barmah-Millewa Allowance.
Whenever a volume of water becomes available as a result of clause 39 (11), that volume shall be credited to the Barmah-Millewa Allowance, up to the volume of water taken from it under subclause (9).
The Minister may approve water to be taken from the Barmah-Millewa Allowance and made available for other environmental purposes provided the volume is not required for release to provide environmentally beneficial outcomes for the Barmah-Millewa forest under any relevant inter-state agreement.
The volume of water taken from the Barmah-Millewa Allowance under subclause (14) shall be the lesser of:
(a) the volume necessary to achieve environmental objectives for which the water is being borrowed, and
(b) the volume in the Barmah-Millewa Allowance.
Subclauses (17)–(19) establish planned environmental water rules relating to the management of the Lower Darling Environmental Contingency Allowance (hereafter
The volume of water credited to the Lower Darling ECA at any time shall be:
(a) zero if the volume stored in Menindee Lakes is below 480,000 ML, or
(b) zero if the volume stored in Menindee Lakes has not risen above 640,000 ML since the volume stored last fell below 480,000 ML, or
(c) 30,000 ML minus any release from the Lower Darling ECA during the current water year that has resulted in a loss of total water volume available to New South Wales under the accounting rules applying to inter-state water sharing in the Murray and Lower Darling River.
Note— Water released from the New South Wales Lower Darling ECA may be subsequently re-regulated in the Murray below the Darling junction and again become available to New South Wales.
Releases from the Lower Darling ECA may occur whenever a high blue green algal alert level, as set out in the Sunraysia Regional Algal Contingency Strategy, is announced by the Minister in the Lower Darling Water Source.
The release rate shall be the lesser of:
(a) 2,000 ML per day (
ML/day ) in the months of May to October and 5,000 ML/day in the months November to April, and(b) such lower rate as shall be determined by the Minister to be adequate to control blue green algal levels taking into account other river flows.
Subclauses (21)–(25) establish planned environmental water rules relating to the management of the New South Wales’ Murray Regulated River Water Source Additional Environmental Allowance (hereafter
The maximum credit that may be held in the Murray AEA at any time shall be equal to 0.15 ML multiplied by the total number of unit shares specified in the share components of regulated river (high security) access licences.
Subject to clause (21), the Murray AEA shall be credited with a volume equivalent to 0.03 ML multiplied by the total number of unit shares specified in the share components of Murray Water Source regulated river (high security) access licences when the sum of available water determinations to Murray Water Source regulated river (high security) access licences for the water year has reached 0.97 ML per unit share.
Releases from the Murray AEA may be made for any purpose consistent with objectives (a) to (i) in clause 10 of this Plan.
The volume debited to the Murray AEA shall only be the volume of release in excess of that being made for all other purposes.
Whenever Hume Dam water storage spills or water is pre-released from Hume Dam for flood management purposes, the volume of the Murray AEA shall be reduced by the lesser of the volume of water spilled or the volume credited to the Murray AEA.
At any time an access licence holder may, by a process determined by the Minister, commit all or part of their licence as adaptive environmental water.
The Minister may grant an access licence in a water source to which this Plan applies if the licence is subject to an adaptive environmental water condition and arises through water savings in the system made in that water source as referred to in section 8C (1) of the Act.
The Minister may change the category or subcategory of an access licence in a water source to which this Plan applies if the licence is subject to an adaptive environmental water condition that arises through water savings as referred to in section 8D of the Act.
The following licences shall be granted to and held by the Ministerial Corporation, committed as adaptive environmental water and made subject to the relevant mandatory condition set out in Part 11 of this Plan:
(a) a regulated river (conveyance) access licence with a share component of 30,000 unit shares, and
(b) a regulated river (high security) access licence with a share component of 2,027 unit shares.
The licence referred to in subclause (3) (a) is a consequence of the Murray Irrigation Limited privatisation arrangements and the licence in (3) (b) is the result of water savings resulting from works installed to regulate inflows to Moira Lake.
The management of water allocations accruing to the access licences in subclause (3) should be in accordance with a protocol established by the Minister in consultation with the Minister for the Environment.
This Part is made in accordance with section 20 (1) (b) of the Act.
Water from these water sources should not be consumed without prior treatment which is adequate to ensure its safety.
At the commencement of this Plan the water requirements of holders of domestic and stock rights in the Murray Water Source is estimated to be 2,118 megalitres per year (hereafter
At the commencement of this Plan the water requirements of holders of domestic and stock rights in the Lower Darling Water Source is estimated to be 3,727 ML/yr.
This Plan recognises that the exercise of domestic and stock rights may increase during the term of this Plan.
Increase in use of domestic and stock rights in these water sources may occur as a result of an increase in the number of landholdings fronting these water sources or by an increase in the exercise of domestic and stock rights on landholdings.
The water supply system in the Murray water source shall be managed so that it would be capable of maintaining supply to those exercising domestic and stock rights through a repeat of the worst period of low inflows into each water source (based on historical flow information held by the Department when this Plan commenced).
To achieve subclause (4), sufficient volumes of water must be set aside from the New South Wales share of assured inflows into each water source and in reserves held by New South Wales in water storages in each water source.
The Minister may issue an order under section 328 of the Act to restrict the exercise of domestic and stock basic rights from the water source to protect the environment, for reasons of public health, or to preserve basic landholder rights.
Water from these water sources should not be consumed without prior treatment which is adequate to ensure its safety.
At the commencement of this Plan there are no holders of native title rights in the Murray Water Source water source and therefore native title rights are 0 ML/yr.
At the commencement of this Plan there are no holders of native title rights in the Lower Darling Water Source and therefore native title rights are 0 ML/yr.
This Plan recognises that the exercise of native title rights may increase during the term of this Plan.
Increase in native title rights may occur as a result of the granting of native title rights under the Commonwealth’s Native Title Act 1993.
The water supply system in the Murray water source shall be managed so that it would be capable of maintaining supply to those exercising native title rights through a repeat of the worst period of low inflows to each water source for which flow information is held by the Department.
To achieve subclause (4), sufficient volumes of water must be set aside from the New South Wales share of assured inflows into each water source and in reserves held by New South Wales in water storages in each water source.
This Part is made in accordance with section 20 (1) (e) of the Act.
This Plan establishes bulk access regimes for the extraction of water under access licences in each of these water sources having regard to:
(a) the environmental water provisions established under Part 3 of this Plan,
(b) the requirements for basic landholder rights identified under Part 4 of this Plan, and
(c) the requirements for water for extraction under access licences identified under Part 6 of this Plan.
The bulk access regime established under subclause (2):
(a) establishes rules according to which access licences are granted as provided for in Part 7 of this Plan,
(b) recognises and is consistent with the limits to the availability of water as provided for in Part 8 of this Plan,
(c) establishes rules according to which available water determinations are to be made as provided for in Part 8 of this Plan,
(d) recognises the effect of climatic variability on the availability of water as provided for in Part 8 of this Plan,
(e) establishes rules with respect to the priorities according to which access licences are to be adjusted as a consequence of any reduction of the availability of water as provided for in Part 8 of this Plan, and
(f) establishes rules according to which access licences are managed as provide for in Part 9 of this Plan.
This Part is made in accordance with section 20 (1) (c) of the Act.
The following clauses in this Part represent the total volumes specified in the share components of access licences in these water sources. There is no commitment to make these volumes available. The actual volumes available at any time will depend on climate, licence priority and the rules in this Plan.
It is estimated that, at the time of commencement of Part 2 of Chapter 3 of the Act, the share components of domestic and stock licences authorised to extract water from the Murray Regulated River Water Source will total 14,518 ML/yr.
It is estimated that, at the time of commencement of Part 2 of Chapter 3 of the Act, the share components of domestic and stock licences authorised to extract water from the Lower Darling Regulated River Water Source will total 601 ML/yr.
It is estimated that, at the time of commencement of Part 2 of Chapter 3 of the Act, the share components of local water utility access licences authorised to extract water from the Murray Regulated River Water Source will total 33,336 ML/yr.
Subclause (1) does not include local water utility access licence entitlements for the towns of Berrigan, Finley, Wakool and Bunaloo which total 3,828 ML. These licensed requirements are met from water supplies delivered to Murray Irrigation Limited.
It is estimated that at the time of commencement of Part 2 of Chapter 3 of the Act, the share components of local water utility access licences authorised to extract water from the Lower Darling Regulated River Water Source will total 10,160 ML/yr.
It is estimated that, at the time of commencement of Part 2 of Chapter 3 of the Act, the share components of regulated river (high security) access licences authorised to extract water from the Murray Regulated River Water Source will total 198,011 unit shares.
It is estimated that, at the time of commencement of Part 2 of Chapter 3 of the Act, the share components of regulated river (high security) access licences authorised to extract water from the Lower Darling Regulated River Water Source will total 7,999 unit shares.
It is estimated that, at the time of commencement of Part 2 of Chapter 3 of the Act, the share components of regulated river (conveyance) access licences authorised to extract water from the Murray Regulated River Water Source will total 330,000 unit shares.
The 330,000 unit shares are a consequence of the Murray Irrigation Limited losses provisions. Murray Irrigation Limited will receive 300,000 unit shares and 30,000 unit shares will become share component of the adaptive environmental regulated river (conveyance) access licence referred to in subclause 16 (3).
It is estimated that, at the time of commencement of Part 2 of Chapter 3 of the Act, the share components of regulated river (general security) access licences authorised to extract water from the Murray Regulated River Water Source will total 1,670,508 unit shares.
It is estimated that at the time of commencement of Part 2 of Chapter 3 of the Act, the share components of regulated river (general security) access licences authorised to extract water from the Lower Darling Regulated River Water Source will total 30,288 unit shares.
It is estimated that at the time of commencement of Part 2 of Chapter 3 of the Act, the volume of supplementary water access licences authorised to access water from the Murray Regulated River Water Source will total 250,000 unit shares.
It is estimated that, at the time of commencement of Part 2 of Chapter 3 of the Act, the volume of supplementary water access licences authorised to access water from the Lower Darling Regulated River Water Source will total 250,000 unit shares.
This Plan recognises that total requirements for extraction under access licences in each access licence category may change during the term of this Plan as a result of:
(a) the granting, surrender, cancellation or non renewal of access licences, or
(b) variations to local water utility access licences arising from section 66 of the Act.
This Part is made in accordance with sections 20 (2) (b) and 63 of the Act.
Access licences may be granted in these water sources subject to any embargo on the making of applications for access licences made under Chapter 3 Part 2 Division 7 of the Act.
The Minister should declare an embargo on the making of applications for access licences in these water sources, other than for access licences of the following kinds:
(a) local water utility access licences,
Pursuant to sections 66 (3) and 66 (4) of the Act, the Minister may also vary a local water utility’s share component at 5 year intervals, or on application of the local water utility where there is rapid growth in population.
(b) domestic and stock (domestic only) access licences,
(c) (Repealed)
(d) an access licence required to satisfy subclause 16 (3) of this Plan,
(e) specific purpose access licences for which applications are provided for under the regulations in accordance with section 61 (1) (a) of the Act,
(f) regulated river (high security) (Aboriginal cultural) access licences up to 10 ML/yr per application,
(g) a regulated river (high security—research) access licence for water supply for research purposes, provided that such research is under taken by an organisation approved by the Minister as an accredited research body, and
(h) an access licence which will receive water allocations that reflect the volume of water saved as a result of works or other actions taken under the Snowy Water Inquiry Outcomes Implementation.
In applying for a new access licence, the applicant must establish the purpose and circumstances relating to that access licence, and that the share component sought will be the minimum required to meet that purpose and circumstances.
Subclause (4) does not apply to an application for a new access licence arising from:
(a) section 61 (1) (c), of the Act, where the right has been acquired by auction, tender or other open market process,
(b) an access licence dealing, or
(c) subclauses (3) (c) or (3) (d).
This Division is made in accordance with sections 20 (2) (a) of the Act.
This Plan establishes a long-term extraction limit for each of these water sources which:
(a) for the Murray Water Source is the lesser of:
(i) the long-term average annual extraction from the water source that would occur with the water storages, share components and water use development that existed in the water source in 2000/2001, and the water management rules defined in this Plan, minus 17,800 ML per year, and
(ii) the long-term average annual extraction from the water source that would occur under the development and management conditions used to define Cap in Schedule F of the Murray Darling Basin Agreement, minus 17,800 ML per year,
Note— The 17,800 ML subtracted in subclause (ii) is the estimated long-term extraction associated with the 100 GL of supplementary water share component purchased under the Living Murray Program and retired from the bulk access regime. However, the purchased supplementary water access licence share component will continue to attract water allocations in accordance with the available water determinations made to all supplementary water access licences. The taking of water allocations under this licence will not be accounted for against the long-term extraction limit.
(b) for the Lower Darling Water Source is the lesser of:
(i) the long-term average annual extraction from the water source that would occur with the water storages, share components and water use development that existed in the water source in 2000/2001, and the share components of the access licences issued as part of the arrangements that replaced the replenishment flow provisions in clause 60 of this Plan, and the water management rules defined in this Plan, minus 35,500 ML per year, and
(ii) the long-term average annual extraction from the water source that would occur under the development and management conditions used to define Cap in Schedule E of the Murray Darling Basin Agreement, minus 35,500 ML per year.
Note— The 35,500 ML per year subtracted in this paragraph is the estimated long-term extraction associated with the 250,000 shares of supplementary water access licence share component purchased under the Living Murray Program and retired from the bulk access regime.
The values referred to in subclauses (1) (a) and (1) (b) shall be adjusted for any access licence dealing under section 71R or 71U of the Act.
If an access licence is cancelled as part of an arrangement to provide additional water to the Snowy River under the Snowy Water Inquiry Outcomes Implementation Deed the values referred to in subclauses (1) (a) and (1) (b) shall be reduced by a volume which appropriately reflects the licence share of water made available in this water source.
For the purposes of establishing the long-term extraction limit for each of these water sources and auditing compliance with it, the following shall be included:
(a) all water extractions by all categories of access licences in accordance with the rules used for accounting of Cap diversions for Schedule F of the Murray Darling Basin Agreement,
(b) domestic and stock rights and native title rights extractions,
(c) volumes of water delivered as adaptive environmental water,
(d) floodplain harvesting diversions determined to be taken for use in conjunction with extractions authorised from the water source, and
(e) water allocations assigned from access licence water allocation accounts in the water source to access licence water allocation accounts in another water source.
For the purposes of establishing the long-term extraction limit for each of these water sources and auditing compliance with it, the following shall not be included:
(a) replenishment flows made in accordance with this Plan, or
(b) diversion of water pursuant to the planned environmental water rules in Part 3 of this Plan.
For the purpose of establishing the long-term extraction limit for each of these water sources and auditing compliance with it, the assessed volume of extractions shall be reduced by the volume of water allocations being assigned from the water allocation accounts of access licences in any other water source to the water allocation accounts of access licences in the water source.
Assessment of the long-term extraction limit and the current long-term average annual extraction for each water source shall be carried out, after the end of each water year, using the hydrologic computer model that, at the time, is approved by the Department for assessing long-term water extraction from the water source.
To assess the long-term extraction limit in each water source, the model referred to in subclause (1) shall be set to represent as closely as possible the conditions referred to in clauses 31 (1) (a) and 31 (1) (b)
To assess the current long-term average annual extraction from each water source, the model referred to in subclause (1) shall be set to represent as closely as possible all water use development, supply system management and other factors affecting the long-term average annual extraction from the water sources at the time of assessment.
The long-term average annual extraction from each of these water sources may not exceed the long-term extraction limit for the respective water source, specified in clause 31.
Pursuant to subclause (1):
(a) if it has been assessed that the current long-term average annual extraction from the Murray Water Source, exceeds:
(i) the volume specified in clause 31 (1) (a) (i) by 3% or more, or
(ii) the volume specified in clause 31 (1) (a) (i) by more than half the difference between the volume specified in clause 31 (1) (a) (i) and the volume specified in clause 31 (1) (a) (ii), or
(iii) the volume specified in clause 30 (1) (a) (ii), then
(iv) the maximum available water determination made for supplementary water access licences in the relevant water source, under clause 40, shall be reduced, and
(v) once the maximum available water determination for supplementary water access licences in the water source has reduced to zero, the maximum available water determination for regulated river (general security) access licences in the relevant water source, under clause 39, shall be reduced.
(b) if it has been assessed that the current long-term average annual extraction from the Lower Darling Water Source, exceeds:
(i) the volume specified in clause 31 (1) (b) (i) by 3% or more, or
(ii) the volume specified in clause 31 (1) (b) (i) by more than half the difference between the volume specified in clause 31 (1) (b) (i) and the volume specified in clause 31 (1) (b) (ii), or
(iii) the volume specified in clause 30 (1) (b) (ii), then
(iv) the maximum available water determination made for supplementary water access licences in the relevant water source, under clause 40, shall be reduced, and
(v) once the maximum available water determination for supplementary water access licences in the water source has reduced to zero, the maximum available water determination for regulated river (general security) access licences in the relevant water source, under clause 39, shall be reduced.
The degree of reduction required under subclause (2) shall be that assessed necessary to return the long-term average annual extraction from the water source to the long-term extraction limit for the water source.
If action has been taken under subclause (2) in either of these water sources, and a subsequent assessment under clause 32 indicates that the current long-term average annual extraction from the water source is below the long-term extraction limit for that water source by more than 3%, then previous reductions to maximum available water determinations in that water source made under subclause (2) may be reversed to the degree that it is assessed necessary to return long-term average annual water extractions to the long-term extraction limit for the water source.
Any reversal of previous reductions under subclause (4) shall:
(a) not exceed previous reductions made under subclause (2), and
(b) shall first reverse previous reductions made under subclause (2) relating to regulated river (general security) access licence available water determinations.
The assessment of the degree of reduction required under subclause (2) or degree of reversal under subclause (5) shall be made using the same computer model used to carry out assessments under clause 32.
This Division is made in accordance with section 20 (2) (b) of the Act.
All available water determinations in these water sources shall be expressed as either:
(a) a percentage of the share component for all access licences where share components are specified as megalitres per year, or
(b) megalitres per unit share for all regulated river (high security) access licences, regulated river (general security) access licences and supplementary water access licences.
The water supply system in the Murray Water Source shall be managed so that available water determinations for domestic and stock access licences of 100% of share components can be maintained through a repeat of the worst period of low inflows into the Murray Water Source (based on historical flow information held by the Department when this Plan commenced).
Sufficient volumes of water must be set aside from the New South Wales share of assured inflows into the Murray Water Source and in reserves held by New South Wales in water storages to provide for subclause (1).
The available water determination for domestic and stock access licences made for the commencement of each water year in each water source shall be 100% of share components, whenever possible.
The sum of available water determinations made for domestic and stock access licences in each water source in any year shall not exceed 100% of share components.
This Plan recognises that the water requirement of domestic and stock access licences in each water source may increase during the term of this Plan as a result of clause 29.
The volumes of water set aside from the New South Wales share of assured inflows into the Murray Water Source and in reserves held by New South Wales in water storages shall be adjusted as required over the course of this Plan, if necessary to do so to ensure subclause (1) is satisfied.
The water supply system in the Murray Water Source shall be managed so that available water determinations for local water utility access licences of 100% of share components can be maintained through a repeat of the worst period of low inflows into the Murray Water Source (based on historical flow information held by the Department when this Plan commenced).
Sufficient volumes of water must be set aside from the New South Wales share of assured inflows into the Murray Water Source and in reserves held by New South Wales in water storages to provide for subclause (1).
The available water determination for local water utility access licences made for the commencement of each water year in each water source shall be 100% of share components, whenever possible.
The sum of available water determinations made for local water utility access licences in each water source in any year shall not exceed 100% of share components.
This Plan recognises that the water requirement of local water utility access licences in each water source may increase during the term of this Plan in accordance with clause 29 and section 66 of the Act.
The volumes of water set aside from the New South Wales share of assured inflows into the Murray Water Source and in reserves held by New South Wales in water storages shall be adjusted as required over the course of this Plan if necessary to ensure subclause (1) is satisfied.
The water supply system of the Murray Water Source shall be managed so that available water determinations for regulated river (high security) access licences of 0.97 megalitres per unit share can be maintained through a repeat of the worst period of low inflows into the Murray Water Source (based on historical flow information held by the Department when this Plan commenced).
Sufficient volumes of water must be set aside from the New South Wales share of assured inflows into the Murray Regulated River water source and in reserves held by New South Wales in water storages to provide for subclause (1).
The sum of available water determinations for regulated river (high security) access licences in the Murray Water Source for each water year shall be:
(a) 0.97 megalitres per unit share, whenever the sum of available water determinations for regulated river (general security) access licences in the Murray Water Source for the water year is less than 0.97 megalitres per unit share, or
(b) 1 megalitre per unit share, whenever the available water determinations for regulated river (general security) access licences in the Murray Water Source for the water year is 0.97 megalitres per unit share or greater.
The available water determinations for regulated river (high security) access licences in the Lower Darling Water Source made for the commencement of each water year shall be 1 megalitre per unit share, whenever possible.
If the available water determination made under subclause (4) is less than 1 megalitre per unit share then further assessments of available water shall be carried out at least monthly and available water determinations made until the sum of available water determinations for the water year is 1 megalitre per unit share.
The sum of available water determinations made for regulated river (high security) licences in each water source in any water year shall not exceed 1 megalitre per unit share.
Available water determinations for regulated river (high security) access licences in each water source must take into account:
(a) the environmental water provisions for the water source established by this Plan,
(b) requirements for domestic and stock rights in the water source,
(c) requirements for native title rights in the water source,
(d) requirements for domestic and stock access licences in the water source,
(e) requirements for local water utility access licences in the water source,
(f) volumes remaining in water accounts from previous available water determinations in the water source,
(g) where applicable, water losses associated with holding and delivery of water to meet the requirements specified in subclauses (a) to (f),
(h) where applicable, an appropriate volume to meet water losses associated with the holding and delivery of water resulting from an available water determination, and
(i) any other relevant matters.
An available water determination is not to be made for regulated river (conveyance) access licences in the Murray Water Source in any water year until the sum of available water determinations for regulated river (high security) licences in the water source, for the water year, is at least 0.97 megalitres per unit share.
Available water determinations for regulated river (conveyance) access licences in the Murray Water Source shall be made for the commencement of each water if water can be provided to them.
Available water determinations for regulated river (conveyance) access licences and regulated river (general security) access licences in the Murray Water Source shall be made so that the sum of available water determinations for regulated river (conveyance) access during the water year is:
(a) 0.5 megalitres per unit share, when the sum of available water determinations for regulated river (high security) licences for the water year is 0.97 megalitres per unit share and the sum of available water determinations for regulated river (general security) access licences for the water year is 0 megalitres per unit share, or
(b) 0.5 megalitres per unit share plus 0.003883 megalitres per unit share for each 0.01 megalitre per unit share by which the sum of available water determinations for regulated river (general security) licences for the water year exceeds 0 megalitres per unit share, when the sum of available water determinations for regulated river (general security) licences for the water year is equal to or greater than 0 megalitres per unit share but less than 0.60 megalitres per unit share, or
(c) 0.733 megalitres per unit share plus 0.006675 megalitres per unit share for each 0.01 megalitres per unit share by which the sum of available water determinations for regulated river (general security) licences for the water year exceeds 0.6 megalitres per unit share when the sum of available water determinations for regulated river (general security) licences for the water year is equal to or greater than 0.6 megalitres per unit share but less than 1 megalitre per unit share, or
(d) 1 megalitre per unit share when the sum of available water determinations for regulated river (general security) licences for the water year is equivalent to or greater than 1 megalitre per unit share.
Subclauses (3) (a) and (3) (b) may be varied under section 45 (1) (b) of the Act as set out in Part 14.
Available water determinations made for regulated river (conveyance) access licences must take into account:
(a) the environmental water provisions for the water source established by this Plan,
(b) requirements for domestic and stock rights in the water source,
(c) requirements for native title rights in the water source,
(d) requirements for domestic and stock access licences in the water source,
(e) requirements for local water utility access licences in the water source,
(f) requirements of regulated river (high security) access licences in the water source,
(g) volumes remaining in water accounts from previous available water determinations in the water source,
(h) where applicable, water losses associated with holding and delivery of water to meet the requirements specified in subclauses (a) to (g),
(i) where applicable, an appropriate volume to meet water losses associated with the holding and delivery of water resulting from an available water determination, and
(j) any other relevant matters.
An available water determination is not to be made for regulated river (general security) access licences in the Murray Water Source in any water year until the sum of available water determinations for regulated river (high security) licences in the water source, for the water year, is at least 0.97 megalitres per unit share.
An available water determination is not to be made for regulated river (general security) access licences in the Lower Darling Water Source in any water year until the sum of available water determinations for regulated river (high security) licences in the water source, for the water year, is 1 megalitre per unit share.
An available water determinations for regulated river (general security) access licences in each water source shall be made for the commencement of each water if water can be provided to them.
If the available water determination for regulated river (general security) access licences in the Murray Water Source resulting from subclause (2) is less than the percentage specified in subclause (6), then further assessments of available water shall be carried out at least monthly and available water determinations made if water allocation can be provided.
If the allocation to regulated river (general security) access licences in the Lower Darling Regulated River Water Source resulting from subclause (2) is less than the water allocation percentage specified in subclause (7), then further assessments of available water shall be carried out at least monthly and available water determinations made if water allocation can be provided.
The sum of available water determinations made for regulated river (general security) access licences in the Murray Water Source in any water year shall not exceed 1.1 megalitre per unit share or such lower amount as results from the operation of clause 33.
The sum of allocations to regulated river (general security) access licences in the Lower Darling Regulated River Water Source in any water year shall not exceed 1 megalitre per unit share or such lower amount as results from the operation of clause 33.
Before water available to New South Wales from water storages in the Lower Darling Water Source may be considered in assessments of available water in the Murray Water Source, the sum of allocations made for regulated river (general security) access licences in the Lower Darling Regulated River Water Source in that water year must be that specified in subclause (7).
Available water determinations made under this clause in each water source must take into account any relevant operational requirements identified in this Plan and:
(a) the environmental water provisions for the water source established by this Plan,
(b) requirements for domestic and stock rights in the water source,
(c) requirements for native title rights in the water source,
(d) requirements for domestic and stock access licences in the water source,
(e) requirements for local water utility access licences in the water source,
(f) requirements for regulated river (high security) access licences in the water source,
(g) requirements of regulated river (conveyance) access licences in the water source,
(h) allocations remaining in water accounts of access licences in the water source from previous available water determinations,
(i) where applicable, water losses associated with holding and delivery of water to meet the requirements specified in subclauses (a) to (h),
(j) where applicable, an appropriate volume to meet water losses associated with the holding and delivery of water resulting from an available water determination, and
(k) any other relevant matters.
Whenever the sum of available water determinations for regulated river (general security) access licences in either of these water sources in a water year is less than or equal to 0.6 megalitres per unit share, available water determinations for regulated river (general security) access licences in that water source shall also indicate that:
(a) water may be taken without debit to regulated river (general security) access licence water allocation accounts whenever the taking of water under supplementary water access licences is permitted, and
(b) the total volume of water that shall be assessed as taken without debit to the access licence water allocation account under subclause (10) (a) during the water year is limited to 1 megalitre multiplied by the number of unit shares minus the sum of the volume of water allocation that was carried over in the access licence water allocation account from the previous water year and the volume of water allocations resulting from available water determinations during the current year.
Whenever the sum of available water determinations for regulated river (general security) access licences during the water year reaches the target water availability determined in clause 15 (10), no further available water determinations are to be made for Murray Water Source regulated river (general security) access licences during the water year until the Barmah-Millewa Allowance has been credited with a volume equivalent to any water taken from it under clause 15 (9) in this water year, or any previous water year, that has not already been recredited to the Barmah-Millewa Allowance.
For each water source, an available water determination shall be made for supplementary water access licences at the commencement of each water year and shall define the number of megalitres per unit share that can be taken in that year.
The available water determination for Murray Water Source supplementary water access licences made under subclause (1) shall not exceed 1 megalitre per unit share, or such lower amount as results from the operation of clause 33.
The available water determination for Lower-Darling Water Source supplementary water access licences made under subclause (1) shall not exceed 1 megalitre per unit share, or such lower amount as results from the operation of clause 33.
This Part is made in accordance with sections 20 (2) (b), 20 (2) (e), 21 (a) and 21 (c) of the Act having regard to:
(a) the environmental water rules established in Part 3 of this Plan,
(b) requirements for water to satisfy basic landholder rights identified in Part 4 of this Plan, and
(c) requirements for water for extraction under access licences in Part 6 of this Plan.
In accordance with section 85 of the Act, a water allocation account shall be established for each access licence in each of these water sources.
Water allocations shall be accrued into each access licence water allocation account in accordance with the available water determinations made for the category of access licence in the water source.
The maximum volume of water allocation that may be credited to a regulated river (general security) licence in the NSW Murray Regulated River Water Source from available water determinations during a water year shall be equal to 1.1 megalitres multiplied by the number of unit shares specified in the access licence share component minus the volume of water allocations carried over from the previous water year.
Subclause (2) means that if a volume equivalent to say 0.3 megalitres per unit share is carried over in a licence account and the allocations for the water year totalled say 0.9 megalitres per unit share, then the licence account would only be credited with a further 0.8 megalitres per unit share. The balance of 0.1 megalitres per unit share would not be credited to that licence account.
The maximum volume of water allocation that may be credited to a regulated river (general security) licence in the Lower Darling Regulated River Water Source from available water determinations during a water year shall be the greater of:
(a) 0.5 megalitres multiplied by the number of unit shares, or
(b) 1 megalitre multiplied by the number of unit shares minus the volume of water allocations carried over from the previous water year.
Subclause (3) ensures that those regulated river (general security) access licence holders with on-farm storages who have carried over additional water as a result of the operation of clause 46 (3) can receive up to 50% of the current year’s water allocations.
The water allocation taken under local water utility access licences, domestic and stock access licences, regulated river (high security) access licences, regulated river (conveyance) access licences and supplementary water access licences shall be assessed as:
(a) the volume of water extracted by the approved water supply works nominated by the access licence, or
(b) the greater of:
(i) the volume of water extracted by the approved water supply works nominated by the access licence, or
(ii) the volume of water ordered for extraction by the approved water supply works nominated by the access licence,
where the Minister has applied such a discretionary condition to the access licence.
The water allocation taken under regulated river (general security) access licences shall be assessed as:
(a) the volume of water extracted by the approved water supply works nominated by the access licence, subject to the provisions of subclause 39 (9) and resulting available water determinations, or
(b) the greater of:
(i) the volume of water extracted by the approved water supply works nominated by the access licence, subject to the provisions of subclause 39 (10) and resulting available water determinations, or
(ii) the volume of water ordered for extraction by the approved water supply works nominated by the access licence,
where the Minister has applied such a discretionary condition to the access licence.
The Minister should only apply a discretionary condition in relation to subclauses (1) (b) or (2) (b) where this has been provided for in a compliance management strategy, approved by the Minister.
It is intended that the discretionary condition referred to above should only be applied where water orders have been exceeding the volume of water being taken under an access licence and this cannot be explained by rainfall or other unavoidable factors.
Water allocation losses attributed to evaporation and dam spills associated with water allocations carried over from the previous water year in the water allocation accounts of each Lower Darling Water Source regulated river (general security) access licences are to be calculated as set out in subclauses (5) and (6) and withdrawn from each access licence water allocation account.
The water allocation loss attributed to evaporation shall be the lesser of:
(a) the volume of water allocation in the access licence account at the commencement of the assessment period in excess of:
(i) the licence share component volume multiplied by the total of the available water determination percentage for that water year,
(ii) plus the water allocations assigned from any other access licence during the current water year,
(iii) minus the water allocations assigned to any other access licence during the current water year, and
(b) the volume calculated under subclause 5 (a), divided by the total of the volumes calculated under subclause 5 (a) for all regulated river (general security) access licences in the water source, multiplied by the depth of evaporation from the Menindee Lakes over the period of assessment multiplied by the additional surface area of water in the Menindee Lakes resulting from total excess volume calculated under subclause 5 (a) for all regulated river (general security) access licences in the water source.
The water allocation loss attributed to dam spills shall be the lesser of:
(a) the volume calculated under subclause 5 (a), and
(b) the volume calculated under subclause 5 (a), divided by the total of the volumes calculated under subclause 5 (a) for all regulated river (general security) access licences in the water source, multiplied by the total volume of water spilled from Menindee Lakes during the assessment period.
Water allocations assigned from a water allocation account under Chapter 3 Part 2 Division 4 of the Act shall be debited from that water allocation account and water allocations assigned to a water allocation account under Chapter 3 Part 2 Division 4 of the Act shall be credited to that water allocation account.
Water allocations may also be re-credited to access licence water allocation accounts under section 76 of the Act, in accordance with water return flow rules established under section 75 of the Act.
Water allocation remaining in the water allocation accounts of domestic and stock access licences, local water utility access licences, regulated river (high security) access licences, regulated river (conveyance) access licences and supplementary water access licences cannot be carried over from one water year to the next.
The maximum volume of water allocation that may be carried over in the water allocation accounts of a regulated river (general security) access licences in the Murray Water Source from one water year to the next shall be equal to 0.5 megalitres multiplied by the number of unit shares specified in the access licence share component.
The maximum volume of water allocation that may be carried over in the water allocation accounts of a regulated river (general security) access licences in the Lower Darling Water Source from one water year to the next shall be equal to 0.5 megalitres multiplied by the number of unit shares specified in the access licence share component plus the storage volume of on-farm storages supplied by works nominated on the access licence less the volume of water contained in the on-farm storages at the end of the water year.
Where extraction components of access licences do not specify the rate as a share of supply capability or a volume per unit time, the following priority of extractions shall apply whenever supply capability is insufficient to satisfy all orders for water in any section of these water sources:
(a) water shall be supplied to domestic and stock access licences and local water utility access licences that have placed an order for water for that time, and
(b) then any remaining supply capability shall be shared between regulated river (high security) access licences, regulated river (conveyance) access licences and regulated river (general security) access licences that have placed an order for water in proportion to the share component volume of each access licence multiplied by the total percentage of the available water determinations made for the relevant licence category during the current water year.
At any time during the term of this Plan, the Minister may, in accordance with the mandatory conditions on access licences, amend the extraction components of access licences in either of these water sources, or in any section of either of either of these water sources.
Action under subclause (1) should be undertaken as follows:
(a) the specified rate in the extraction component of each access licence should be a volume per unit of time or a share of supply capability,
(b) the specified rate in the extraction component of each domestic and stock local water utility, regulated river (high security) access licence should be sufficient to satisfy the maximum daily water needs, and
(c) after satisfying subclause (2) (b), the remaining supply capability should be distributed among regulated river (conveyance) access licences and regulated river (general security) access licences in proportion to the share component of each access licence and the available water determination relationship in clause (38) (3).
When action under subclause (1) is undertaken, the Minister may also, in accordance with mandatory conditions on access licences, amend the extraction components of access licences in other sections of the water source to exclude extractions in sections of the water source affected by the action under subclause (1).
The taking of water under supplementary water access licences in these water sources shall only be permitted in accordance with announcements made by the Minister for each water source.
The maximum volume that may be taken under supplementary water access licences during each period of time to which an announcement applies may be expressed as a number of megalitres per unit share specified in the share component of each supplementary water access licence.
Taking of water under supplementary water access licences in each of these water sources shall be managed, as far as possible, to evenly share access opportunity amongst all supplementary water access licences.
Taking of water under supplementary water access licences in these water sources shall only be permitted once flows are in excess of those required:
(a) under the environmental water provisions for the water source specified in Part 3 of this Plan,
(b) to supply stock and domestic and native title rights requirements in the water source,
(c) to supply higher priority access licence requirements in the water source, and
(d) to provide replenishment flows requirements in the Lower Darling Water Source.
Taking of water under supplementary water access licences in the Murray Water Source shall only be permitted:
(a) from flows that cannot be stored in Lake Victoria water storage,
(b) from flows that, in the opinion of the Minister, will not contribute to supply requirements to South Australia in accordance with the Murray Darling Basin Agreement,
(c) from flows that, in the opinion of the Minister, will not contribute to reducing the surface water salinity measurement in the Murray River at Morgan when it is in excess of 800 Electrical Conductivity units,
(d) if, in the opinion of the Minister, the water that will be taken would not assist in the reduction of existing medium or high blue-green algae alerts,
(e) if, in the opinion of the Minister, the taking of water will not prevent the commencement of a waterbird breeding event or will not threaten the success of an existing waterbird breeding event, and
(f) between 1 April and 30 October each year, if, in the opinion of the Minister, the taking of water will not prevent significant flow variations in those sections of the water source where flow heights are unaffected by weirs, or reduce beneficial flooding of the Barmah-Millewa forests or other Murray River Water Source riverine ecosystems.
Taking of water under supplementary water access licences in the Lower Darling Water Source shall also only be permitted:
(a) if the Menindee Lakes water storages are full or flows upstream of the Water Source are sufficient to fill them,
(b) if the water that will be taken cannot be stored in Lake Victoria,
(c) from flows that in the opinion of the Minister, will not contribute to supply requirements to South Australia in accordance with the Murray Darling Basin Agreement,
(d) if, in the opinion of the Minister, the water that will be taken cannot be used to supply regulated river (general security) allocations in the Murray Valley,
(e) from flows that in the opinion of the Minister, will not contribute to reducing the surface water salinity measurement in the Murray River at Morgan when it is in excess of 800 Electrical Conductivity units,
(f) if in the opinion of the Minister, the water that will be taken will not contribute to the reduction of existing medium or high blue-green algae alerts,
(g) if the taking of water will not prevent flows in the Darling River from reaching 7,000 ML/day at Weir 32 for a period of time which, in the opinion of the Minister, is sufficient to permit adequate passage of fish over Weir 32,
(h) if, in the opinion of the Minister, the taking of water will not prevent the commencement of a waterbird breeding event or will not threaten the success of an existing event, and
(i) between 1 April and 30 October each year, if, in the opinion of the Minister, the taking of water will not prevent significant flow variations occurring in those sections of the water source where flow heights are unaffected by weirs.
This Part is made in accordance with section 20 (1) (d) of the Act and with the Minister’s access licence dealing principles gazetted on 27 December 2002 under section 71Z of the Act.
Applications for access licence dealings may be granted subject to the Minister’s access licence dealing principles gazetted from time to time under section 71Z of the Act and the rules in this Part.
Access licence dealings include changes of licence ownership, conversions of licence category, movement of share component from one access licence to another access licence, movement of water allocation from one access licence allocation account to another access licence allocation account and changes in the location of water supply that can take water available under the licence. These dealings must comply with the provisions of the Act, the Minister’s access licence dealing principles, and the rules in this Part.
Where there is an inconsistency between access licence dealing rules established in this Plan and Minister’s access licence dealing principles gazetted subsequent to the commencement of this Plan, section 71Z of the Act provides for the access licence dealing rules in this Plan to prevail.
This clause relates to dealings under sections 71O, 71Q, 71T and 71W of the Act.
Any dealing that would result in the assignment of all or part of the share component of an access licence, whose extraction component only permits the taking of water upstream of the Barmah Choke, to an access licence, whose extraction component permits the taking of water downstream of the Barmah Choke shall be prohibited.
Any dealing that would result in the assignment of water allocation from the water allocation account of an access licence, whose extraction component only permits the taking of water upstream of the Barmah Choke, to an access licence, whose extraction component permits the taking of water downstream of the Barmah Choke may only occur if the Minister is satisfied that the assignment will not diminish the ability to fully supply all water orders that may result from water allocations already in the water allocation accounts of access licences whose extraction components permit extraction of water downstream of the Barmah Choke.
Assignment of water allocations from a supplementary water access licence water allocation account to an access licence of any other access licence category shall be prohibited.
Assignment of water allocations to a supplementary water access licence water allocation account from an access licence of any other access licence category shall be prohibited.
Assignment of water allocations from a local water utility access licence account to the water allocation account of any other access licence is prohibited whenever:
(a) the volume of water stored in Menindee Lakes is below 480,000 ML, or
(b) the volume stored in Menindee Lakes has not risen above 640,000 ML since the volume stored last fell below 480,000 ML.
This clause relates to dealings under section 71R of the Act.
Section 71R dealings are the mechanism by which access licences can move from one water source to another. Once the change in water source has been effected, if permitted, the new licence will have to nominate specified works (by a dealing under section 71W of the Act) in the receiving water source before extraction can commence.
Access licences in other water sources outside of one of these water sources may only be issued following cancellation of access licences in one of these water sources if:
(a) the access licence dealing rules in the receiving water source permit such a dealing,
(b) a conversion factor, established by the Minister and published in an order made under section 71Z of the Act that protects environmental water, domestic and stock rights, native title rights and the reliability of supply to all other access licences in the water source in which the access licence is being cancelled, has been applied, and
(c) the water source in which the access licence is issued is one of the following:
(i) a water source within the Murray Unregulated River Extraction Management Unit,
(ii) the Murrumbidgee Regulated River Water Source, or
(iii) the other of these water sources.
An access licence in either of these water sources may only be issued following cancellation of access licences in another water source if:
(a) the access licence dealing rules in the other water source permit such a dealing,
(b) a conversion factor, established by the Minister and published in an Order made under section 71Z of the Act that protects environmental water, domestic and stock rights, native title rights and the reliability of supply to all other access licences in the water source in which the access licence is being issued, has been applied, and
(c) the water source in which the access licence is cancelled is one of the following:
(i) the Murrumbidgee Regulated River Water Source, or
(ii) the other of these water sources.
An access licence in the Murray Water Source may only be issued following cancellation of access licences in another water source if the Minister is satisfied that the issue of the licence will not result in the requirement to supply more water allocation from water storages upstream of the Barmah Choke to water access licences downstream of the Barmah Choke.
This clause relates to dealings under section 71O of the Act.
Conversion of an access licence of one category to an access licence of another category is prohibited except as provided for under this clause.
On application of the access licence holder, the Minister may cancel a regulated river (general security) access licence in the Murray Water Source, and issue a regulated river (high security) access licence in the Murray Water Source, subject to:
(a) the application of a conversion factor established by the Minister and published in an Order made under section 71Z of the Act that protects environmental water, domestic and stock rights, native title rights and the reliability of supply to all other access licences in the Murray Water Source, and
(b) the volume of water in the regulated river (general security) access licence water allocation account being equal to or greater than its share component volume.
The volume of water in the regulated river (general security) access licence water allocation account which is in excess of the share component volume of the new regulated river (high security) access licence will not be credited to the new regulated river (high security) access licence account.
On application of the access licence holder, the Minister may cancel a regulated river (high security) access licence in the Murray Water Source, and issue a regulated river (general security) access licence in the Murray Water Source, subject to:
(a) the application of a conversion factor equal to one divided by the conversion factor established in subclause (3), and
(b) the total volume of regulated river (general security) access licence share components in the Murray Water Source not increasing above the total volume of regulated river (general security) access licence share components in the water source at the time of commencement of Part 2 of Chapter 3 of the Act.
This would allow conversion of a regulated river (high security) access licence to a regulated river (general security) access licence only if there had been a corresponding or larger volume of regulated river (general security) access licence share component converted to regulated river (high security) access licence in the water source.
On application of the licence holder, the Minister may cancel a regulated river (conveyance) access licence in the Murray Water Source and issue a regulated river (general security) access licence in the Murray Water Source subject to:
(a) the application of a conversion factor established by the Minister that protects the reliability of supply to existing regulated river (general security) access licences, and
(b) the total volume of regulated river (general security) access licence share components in the water source not increasing above the total volume of regulated river (general security) access licence share components in the water source at the time of commencement of Part 2 of Chapter 3 of the Act.
On application of the licence holder, the Minister may cancel a regulated river (conveyance) access licence in the Murray Water Source and issue a regulated river (high security) access licence in the Murray Water Source subject to:
(a) the application of a conversion factor established by the Minister that protects the reliability of supply to regulated river (general security) access licences, and
(b) the volume of water in the regulated river (conveyance) access licence water allocation account being equal to or greater than its share component volume.
On application of the access licence holder, the Minister may cancel a domestic and stock access licence and issue a domestic and stock (domestic only) access licence and a domestic and stock (stock only) access licence, subject to:
(lxxxviii) Waddy Creek Cutting, from its offtake from the Murray River in Lot 1, DP 868793, Easting: 750976, Northing: 6080045, UTM Zone 54 GDA, Parish of Willakool, County of Wakool to its confluence with the Waddy Creek in Lot 2, DP 868793, Easting: 751915, Northing: 6081546, UTM Zone 54 GDA, Parish of Mellool, County of Wakool,
(lxxxix) Wakool River, from its offtake on the Edward River downstream to its confluence with the Murray River,
(xc) Washpen Creek, to a point 805 metres upstream of the junction of the Unnamed Watercourse connecting Washpen Creek with Lake Caringay, and
(xci) Yallakool Creek, from its effluence from the Edward River between TS &CR 25840, Parish of Brassi, County of Townsend and Lot 78, Parish of Tumudgery, County of Townsend and its confluence with the Wakool River between Lot 54, Parish of Gobran, County of Townsend and Lot 3, Parish of Corry, County of Wakool.
The
(i) Balaka Lake,
(ii) Bijijie Lake,
(iii) Cawndilla Creek,
(iv) Copi Hollow,
(v) Darling River; from adjacent to “Billilla Homestead” on Lot 3671, DP 766053, County of Livingstone (grid ref. YKD35760 Wilcannia 1:100 000), downstream to the north east corner of Lot 11, DP 756952, Parish of Merche, County of Wentworth,
(vi) Lake Cawndilla,
(vii) Lake Menindee,
(viii) Lake Pamamaroo,
(ix) Lake Spectacle,
(x) Lake Speculation,
(xi) Lake Wetherell,
(xii) Malta Lake,
(xiii) Menindee Creek,
(xiv) Pamamaroo Creek,
(xv) Redbank Creek; from Lake Tandou, downstream to the crossing situated within Lot W.L. 3345, Parish of Mitta, County of Menindee, known locally as Packers Crossing,
(xvi) Tandou Creek, from its junction with the Lake Cawndilla outlet channel in Lot 2123, DP 764065, Easting: 614946, Northing: 6391413, UTM Zone 54 GDA, Parish of Bintullia, County of Menindee, downstream to Lake Tandou in Lot 3345, DP 765601, Easting: 602179, Northing: 6380223, UTM Zone 54 GDA, Parish of Mitta, County of Menindee,
(xvii) Tandure Lake, and
(xviii) unnamed lagoon; offtaking from the Darling River within Lot 89, Parish of Avoca County of Wentworth.
Floodplain harvesting is the collection, extraction or impoundment of water flowing across floodplains. The floodplain flows can originate from local runoff that has not yet entered the main channel of a river, or from water that has overflowed from the main channel of a river during a flood. For the purposes of this policy the floodplain is defined as extending to the 1 in 100 year flood line.
Floodplain harvesting can generally be put into one of three categories:
(a) diversion or capture of floodplain flows using purpose built structures or extraction works to divert water into storages, supply channels or fields or to retain flows,
(b) capture of floodplain flows originating from outside of irrigated areas using works built for purposes other than floodplain harvesting. Examples are:
(i) levees and supply works such as off river storages constructed in billabongs or depressions that fill from floodplain flows, and
(ii) below ground level water channels from which the water is pumped into on farm storages, and
(c) opportunistic diversions from floodplains, depressions or wetlands using temporary pumps or other means.
Capture of rainfall or runoff from farm irrigation fields, via tailwater systems or other means, is not floodplain harvesting.
The harvesting of water from floodplains reduces the amount of water reaching or returning to rivers. This decreases the amount of water available to meet downstream river health, wetland and floodplain needs and the water supply entitlements of other users.
Floodplain harvesting can seriously affect the connectivity between the local floodplain, wetlands and the river, through the loss of flow volume and redirection of water flows.
The Water Act 1912 provided powers to license floodplain harvesting. However this was never applied as there was generally no requirement to restrict total overall water extractions or off-allocation diversions. Harvested floodplain water has been treated as a freely available bonus to a farmer’s licensed entitlement.
This situation has now changed. The Murray-Darling Basin cap applies to
Floodplain harvesting works and water extractions also clearly fall into those activities that the Water Management Act 2000 requires to be only undertaken by way of a licence. The Act also requires such licensing to consider the ecological functioning of floodplains.
Floodplain harvesting can no longer be left outside of the State’s water management and compliance system or as a source of increase in further water extractions. Given this, it is the Government’s intention that floodplain harvesting works and taking of water from floodplains be licensed and managed. It will take a number of years to complete the process. However, the water sharing plans must signal the basic principles that will govern the process.
Floodplain harvesting will not be a component of individual water sharing plans being produced for the regulated and unregulated rivers. During flood times water originating in one river system may flow across floodplains and along “flood runners” into adjacent river systems. It is therefore often not possible to assign an area of floodplain to a particular river.
Management of floodplain harvesting will occur on a state-wide basis, according to the six principles set out in section 4.
There are many thousands of existing floodplain works which will require licensing and this will be done over the next couple of years. The licensing process will include proper environmental impact assessments.
A separate category of licence will be established.
Principle 1 is that all existing floodplain harvesting works and floodplain harvesting extractions will be licensed.
Principle 2 is that licensing will focus initially on controlling the structures, but with movement towards specifying volume limits and flow related access conditions, including metering of pumps.
While all surface and groundwater licences now (or will shortly) specify volume entitlements or annual limits to water, it is not possible to do this for floodplain harvesting licences at this stage. This is because the pattern of use is highly episodic and site and infrastructure specific, and current data on structures and use is minimal.
The Department of Land and Water Conservation will licence existing structures and specify monitoring of use (including metering of pumps) as a licence condition where possible. This may not be possible initially in cases where a tailwater system is also picking up floodplain water as they are difficult to separate, or where overland flow is being captured by a billabong for which we do not have any information on its capacity. Options for application of volumetric conditions will be developed and implemented where appropriate within the first five years of the initial water sharing plans.
Principle 3 is that no new works or expanded floodplain harvesting activities in the Murray-Darling Basin that will result in the diversion of additional water will be authorised.
All new floodplain harvesting works are required by law to be licensed. However, as any new works would result in a growth in diversion, which would threaten river health and/or the water entitlements of others, such works would have to be offset by a reduction in other forms of water diversion.
Principle 4 is that floodplain diversions associated with works in place in the Murray-Darling Basin prior to the end of the 1994 irrigation season will be considered as within the NSW cap.
Because cap is based on the use of water with development as it was in 1994, NSW considers that the water use that would result from use of the floodplain infrastructure in place in 1994, is part of the cap in each system.
Principle 5 is that once licensing is completed, an assessment of long-term use resulting from authorised structures against that from structures which existed in 1994 will be carried out and appropriate steps taken to keep harvesting to cap levels.
It is likely that there has been some growth in floodplain harvesting works and extractions since 1994. However, it is expected that the licensing process will result in some modification of existing works. This may be adequate to offset any post 1994 development. If not, restrictions on the use of the licensed works will have to be applied to return diversions to cap levels. Such restrictions could include restrictions on pumping times or a requirement to modify the work to allow a proportion of flows to be bypassed. By preventing the construction or enlargement of new works, the opportunity for any further growth in floodplain harvesting diversions will be minimised.
Principle 6 is that floodplain harvesting rights will not be tradeable.
Trading of floodplain harvesting rights will not be permitted because the frequency and volume of use is site and infrastructure specific, and volume management will take some time to implement.
Performance indicator | Related objective | As measured by | Commentary |
| clauses 10 (a) to 10 (f) clause 10 (h) |
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| clause 10 (a) clause 10 (c) clause 10 (e) clause 10 (i) |
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| clauses 10 (a) to 10 (h) |
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| clause 10 (i) |
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| clause 10 (j) |
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| clause 10 (k) |
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| clause 10 (k) |
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| clause 10 (k) |
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| clause 10 (k) |
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The following operational guidelines are to operate so that they do not contravene Parts V to XI of the Murray Darling Basin Agreement nor the intentions of that Agreement where they relate to the interstate sharing for the responsibility for the environmental management of the Murray-Lower Darling Rivers.
Unless otherwise stated the flows noted in this section are provided out of combined resources as per the Murray Darling Basin Agreement.
A total contribution of 1,850 GL per annum is provided to the South Australian Border as per the Murray Darling Basin Agreement. This is a minimum flow and is assented to by the Basin State Governments as well as the Commonwealth Government. The plan is constrained by the need to provide the daily flows indicated below.
Month | Monthly entitlement Total contribution (ML) | Daily flow at the South Australian Border (ML/day) |
January | 217,000 | 7,000 |
February | 194,000 | 6,929 |
March | 186,000 | 6,000 |
April | 135,000 | 4,500 |
May | 93,000 | 3,000 |
June | 90,000 | 3,000 |
July | 108,500 | 3,500 |
August | 124,000 | 4,000 |
September | 135,000 | 4,500 |
October | 170,500 | 5,500 |
November | 180,000 | 6,000 |
December | 217,000 | 7,000 |
In 1987, as part of the MDBC Salinity and Drainage Strategy, it was agreed that South Australia would be entitled to additional water to mitigate the impacts of surface water salinity. This volume, known as additional dilution flow, is only provided when the storage volumes in the Menindee Lakes exceed nominated trigger points, at the same time the combined storage volume of Hume and Dartmouth Reservoirs also exceed nominated triggers. The trigger volumes within the Menindee Lakes vary between months.
When these trigger volumes are exceeded, South Australia is entitled to an additional flow of 3,000 ML/day, 1,500 ML of which is from NSW resource.
It is recognised that these additional dilution flows have contributed to the reduction in the impact of salinity. It is recommended, however, that these additional dilution flows be monthly totals rather than daily totals so that greater flexibility is available which can be translated into maximising both salinity and ecological outcomes.
Figures are ML | Jan | Feb | March | April | May | June |
1,300,000 | 1,300,000 | 1,300,000 | 1,300,000 | 1,300,000 | 1,650,000 | |
2,000,000 | 2,000,000 | 2,000,000 | 2,000,000 | 2,000,000 | 2,000,000 |
Figures are ML | July | Aug | Sept | Oct | Nov | Dec |
1,650,000 | 1,500,000 | 1,300,000 | 1,300,000 | 1,300,000 | 1,300,000 | |
2,000,000 | 2,000,000 | 2,000,000 | 2,000,000 | 2,000,000 | 2,000,000 |
Minimum flows from combined resources are to be maintained out of Hume Dam to ensure that down stream diversion needs are met, as well as for environmental maintenance and water quality purposes. The minimum flows are currently as follows:
(c) Minimum flows downstream of Hume Dam up stream of the Kiewa River are 600 ML/day.
(d) Minimum flows downstream of Hume Dam at Doctors Point are 1,200 ML/day.
Minimum flows from combined resources are to be maintained downstream of the Curlwaa Irrigation District pumps on the Murray River during summer to ensure that down stream diversion needs are met, as well as for environmental maintenance and water quality purposes. The recommended minimum flow is 1,200 ML/day during summer.
(e) The rates may be reduced below their minimum recommended flows if river conditions are not conducive to the production of blue green algae as determined by the Department of Land and Water Conservation in consultation with the MDBC.
In order to maintain appropriate minimum flow rates from the Menindee Lakes to the Lower Darling River to maintain water quality and river health and minimise the occurrence of algal blooms the following are recommended minimum releases from Weir 32.
(f) The rates may be reduced below their minimum recommended flows if river conditions are not conducive to the production of blue green algae as determined by the Department of Land and Water Conservation in consultation with the MDBC.
Month | ML/day |
Jan | 350 |
Feb | 350 |
Mar | 350 |
Apr | 300 |
May | 200 |
Jun | 200 |
Jul | 200 |
Aug | 200 |
Sep | 200 |
Oct | 200 |
Nov | 300 |
Dec | 300 |
Flows that are provided for flooding to the Barmah Millewa Forests under environmental flow rule and which are diverted through the Edward/Wakool system are to be managed to provide flood flows to the Werai Forest below Stevens Weir where possible.
(g) NSW is to accept rainfall rejection events in the Murray River above the Barmah Choke every second year. NSW is to manage rainfall rejection events in the Murray River above the Barmah Choke in the year 2001.
(h) Victoria manages rainfall rejection events in the alternate years.
(i) NSW management of rainfall rejection is to mitigate the detrimental effects that such unseasonal flows would have on the forest ecosystems within the influence of the Barmah Choke.
(j) Maintain the Stevens weir pool at summer irrigation supply level until one week after the Easter school holidays,
(k) At the time the summer irrigation season demands are reducing, Stevens weir pool is to be drawn down in steps equivalent to reduction in demand,
(l) Weir pool draw down rates are to be no greater than 150 mm/day except where a greater rate reflects natural conditions,
(m) Weir pool reinstatement rates (rise) are to be no greater than 300 mm/day except where a greater rate reflects natural conditions,
(n) Unregulated flows into the Edward River are to be passed through Edward/Wakool river system alternately to the Wakool river and the Edward river down stream of Stevens weir.
(o) If unregulated flows have not occurred by mid August to raise Stevens weir pool, the weir pool will be raised slowly in accordance with irrigation season start up requirements using regulated supply.
Where possible all weir pools, including Lake Wetherell, and Lock 9, along the NSW Murray and Lower Darling rivers are to be managed for winter draw down in a similar manner as that of Stevens weir pool, as relates to their specific hydrology.
In order to minimise bank deterioration and unless natural conditions or other environmental flows dictate otherwise the following rates of rise and fall are to apply within the river channel.
i) Weir pools and Rivers, Streams and Waterways (p) Weir draw down rates be no greater than 150 mm per day except where a greater rate reflects natural conditions,
(q) Weir pool reinstatement rates (rises) to be no greater than 300 mm per day except where a greater rate reflects natural conditions.
(r) Where total storage volume in the Menindee Lakes will exceed 1,680,000 ML, flow release patterns should be implemented which provides a hydrograph of similar shape to that of a ‘natural flood event’, consistent with the protection of property as far as possible.
(s) Following extended periods of high flow greater than three weeks, apply the following recommended rates of reductions and monitor and record the effect of this action:
(t) For within channel flows greater than 20,000 ML/day downstream of Menindee, reduce at a
(u) similar rate of recession as occurred upstream of the lakes at Wilcannia.
(v) For flows greater than 10,000 ML/day and less than 20,000 ML/day, releases should be reduced at no greater than 1,000 ML/day each day.
(w) For flows greater than 5,000 ML/day and less than 10,000 ML/day, releases should be reduced at no greater than 500 ML/day each day.
(x) For flows less than 5,000 ML/day, releases should be reduced at no greater than 250 ML/day each day.
Environmental flows for the Menindee Lakes are not included in this Plan.
(Renumbered as Appendix 5)
(Renumbered as Appendix 5)0
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