Water Sharing Plan for the Peel Valley Regulated, Unregulated, Alluvium and Fractured Rock Water Sources Amendment Order 2020 (NSW)
Water Sharing Plan for the Peel Valley Regulated, Unregulated, Alluvium and Fractured Rock
Water Sources Amendment Order 2020.
under the
Water Management Act 2000
I, Melinda Pavey, Minister for Water, Property and Housing, in pursuance of section 45 (1) of the Water Management Act 2000, make the following Order to amend the Water Sharing Plan for the Peel Valley Regulated, Unregulated, Alluvium and Fractured Rock Water Sources 2010.
29th June
| Dated | 2020 |
| Melinda Pavey, MP |
Minister for Water, Property and Housing
Explanatory note
This Order is made under section 45 (1) of the Water Management Act 2000. The object of this Order
is to amend the Water Sharing Plan for the Peel Valley Regulated, Unregulated, Alluvium and
Fractured Rock Water Sources 2010. The concurrence of the Minister for Energy and Environment
was obtained prior to the making of this Order as required under section 45 of the Water Management
Act 2000.
1 Name of Order
This Order is the Water Sharing Plan for the Peel Valley Regulated, Unregulated, Alluvium and
Fractured Rock Water Sources Amendment Order 2020.
2 Commencement
This Order commences on 1 July 2020.
| Schedule 1 | Amendment of Water Sharing Plan for the Peel Valley Regulated, Unregulated, |
| Alluvium and Fractured Rock Water Sources 2010 |
[1] Clause 1 Name of this Plan
Omit the clause. Insert instead.
Clause 1 Name of this Plan This Plan is the Water Sharing Plan for the Peel Regulated River Water Source 2010 (this
Plan).[2] Clause 3 Commencement
Omit the clause. Insert instead:
3 Commencement This Plan commences on 1 July 2010.
Notes.
1 In accordance with section 43 of the Act this Plan will have effect for 10 years from 1 July 2010. In accordance with section 43A of the Act, the Minister may extend this Plan for a further period of 10 years after it is due to expire.
2 Under the Intergovernmental Agreement on Implementing Water Reform in the Murray- Darling Basin and the associated National Partnership Agreement, NSW has agreed to develop water resource plans for the Murray-Darling Basin water resources consistent with
the requirements of the Basin Plan. The Water Sharing Plan for the Peel Valley Regulated, Unregulated, Alluvium and Fractured Rock Water Sources 2010 has been amended, partly
to meet NSW’s commitments under these agreements. Certain provisions of this Plan form
part of the water resource plan for the Peel surface water area.
3 Basin Plan is defined in the Dictionary.
[3] Clause 4 Application of this Plan
Omit the clause. Insert instead:
Clause 4 Application of this Plan
(1) This Plan applies to the Peel Regulated River Water Source within the Namoi Water Management Area (the water source).
Note. The Namoi Water Management Area was constituted by Ministerial order made under section 11 of the Water Management Act 2000 published in the NSW Government Gazette number 180 on 23 November 2001 at page 9389.
(2) The water in the water source consists of the water between the banks of the Peel River, from Chaffey Dam water storage, downstream to the intersection of the Peel River and Namoi River that have been declared by the Minister to be a regulated river. Note. The Regulated River Order for the Peel Valley Regulated Rivers 2018 was
made by the Minister under clause 54 of Schedule 12 of the Act, and
amended by item [89] of Schedule 1 of the Water Management
Amendment Act 2018.
[4] Clause 5 Management zones
Omit the clause.
[5] Clause 6 Extraction management units in these water sources
Omit the clause.
[6] Clause 7 Understanding the rules in this Plan
Omit the clause.
[7] Part 2
Omit the Part. Insert instead:
Part 2 Vison, objectives, strategies and performance indicators
Notes.
1 This Part is made in accordance with section 35 (1) of the Act. 2 This Part describes broad objectives, which are the long term outcomes sought by this Plan and are not directly measured but evaluated by considering the cumulative
achievement of the associated targeted objectives. Targeted objectives described in
the Part are specific outcomes that can be achieved by the strategies in this Plan and
can be directly measured so that success or failure to achieve the objective can be
quantified.
8A Acknowledgement Respect is paid to the traditional owners of this country, who are acknowledged as the first
natural resource managers within the Namoi Water Management Area.
9 Vision statement
The vision for this Plan is to provide for the following:
(a) the health and enhancement of the water source and its water-dependent ecosystems,
(b) the continuing productive extraction of surface water for economic benefit, (c) the spiritual, social, customary and economic benefits of surface water to Aboriginal communities,
(d) social and cultural benefits to urban and rural communities that depend on surface water.
10 Environmental objectives
(1) The broad environmental objective of this Plan is to protect, and contribute to the
enhancement of, the ecological condition of the water source and its water dependentecosystems over the term of this Plan. Note. The ecological condition of the water source will be assessed by reference to the condition of high ecological value aquatic ecosystems, target species, communities, populations and key ecosystem functions as defined in the MER plan for the water source. Water-dependent ecosystems in the water source include instream, riparian and floodplain ecosystems. (2) The targeted environmental objectives of this Plan are as follows:
(a) to protect, and contribute to the enhancement of, the following over the term of this Plan:
(i) the recorded distribution or extent, and the population structure, of
target ecological populations.
Notes. 1 Target ecological populations is defined in the Dictionary. 2 Target ecological populations in the water source may include known or predicted populations of:
(a) native fish including golden perch, eel-tailed catfish and Murray cod,
(b) native vegetation including river red gum woodland, (c) high diversity hotspots and significant habitat for native fish, frogs and native vegetation.
3 Measures of population structure may include the abundance or
spatial extent of a species, different age classes or life stages within a
species population, or measures that describe the health and condition
of species or populations.
(ii) the longitudinal and lateral connectivity within and between water
sources to support target ecological processes,
Notes. 1 Longitudinal connectivity means flows along the length of the river and between hydrologically connected rivers. Lateral connectivity means flows between the river and its anabranches, riparian zones, wetlands and floodplains. 2 Target ecological processes in the water source include fish movement across significant barriers, as identified by NSW Department of Primary Industries Fisheries and described in the MER plan for the water source. 3 Connectivity may be within the water source, and between the water source and other water sources. (iii) water quality within target ranges for the water source to support water-dependent ecosystems and ecosystem functions, Note. Water quality target ranges for the water source are defined in the
Water Quality Management Plan for the Namoi surface Water Resource Plan
Area SW14 and the NSW State Water Quality Assessment and Monitoring
Plan.
(b) to support environmental watering in the water source to contribute to maintaining or enhancing ecological condition in streams, riparian zones,
dependent wetlands and connected water sources.
Note. Part 6 outlines the provisions for environmental water
allowances (EWAs). These EWAs are managed by the NSW Environmental
Water Manager.
(3) The strategies for reaching the targeted environmental objectives of this Plan are as follows:
(a) establish and maintain compliance with a long-term average annual extraction limit and a long-term average sustainable diversion limit,
Note. Part 7 of this Plan sets out the provisions for maintaining compliance
with the long-term average annual extraction limit and the long-term average
sustainable diversion limit.
(b) reserve a share of water to partially mitigate alterations to natural flow regimes in the water source,
Notes.
1 Flow regimes and natural flow regimes are defined in the Dictionary.
2 Part 6 contains rules that partially mitigate the alterations to low
flows in the natural flow regimes of the water source by ensuring a
minimum daily release of 3 ML/day.
(c) reserve a share of water to maintain longitudinal and lateral connectivity within and between water sources,
Note. The provisions in Part 6 contribute to maintaining the
hydrological connectivity within the water source and with downstream water
sources.
(d) reserve a share of water to support environmental watering events in streams, riparian zones and wetlands connected to the water sources,
Note. The provisions in Part 6 ensure that environmental water allowances
are maintained.
(e) contribute to the management of critical environmental and water quality events.
Note. The provisions in Part 6 ensure that an environmental
water allowance is maintained.
(4) The performance indicator used to measure the success of the strategies for reaching the broad environmental objective in subclause (1) is an evaluation of the extent to which the combined outcomes of the targeted environmental objectives in subclause (2) have contributed to achieving the broad objective. (5) The performance indicators used to measure the success of the strategies for reaching the targeted environmental objectives in subclause (2) are the changes or trends in ecological condition during the term of this Plan, as assessed using one or more of the following:
(a) the recorded range, extent or condition of target ecological populations, (b) measurements of fish movements through priority fish passage areas, (c) the recorded values of water quality measurements including salinity, turbidity, total nitrogen, total phosphorous, pH, water temperature and
dissolved oxygen,
(d) the magnitude, frequency, timing and water quality of environmental water events.
(6) In evaluating the effectiveness of the strategies in meeting the objectives in this clause, the following will be relevant:
(a) the extent to which the strategies in subclause (3) and provisions in
this Plan have been implemented and complied with,
(b) the extent to which changes in the performance indicators can be attributed to the strategies in subclause (3) and provisions in this Plan,
(c) the extent to which the strategies in subclause (3) support achievement of the environmental objectives,
(d) the extent to which external influences on the water source during the term of this Plan have affected progress towards achieving the environmental
objectives.
Note. External influences may include climate trends, land use patterns, decisions
made by the NSW Environmental Water Manager and other factors.
11 Economic objectives
(1) The broad economic objective of this Plan is to maintain, and where possible
improve, access to water to optimise economic benefits for agriculture, surface water-
dependent industries and local economies.
(2) The targeted economic objectives of this Plan are as follows:
(a) to provide water trading opportunities for surface water-dependent businesses,
Note. Trading is a generic term referring to dealings under Division 4 of Part 2 of
Chapter 3 of the Act.
(b) to maintain, and where possible improve, access to water for agriculture, surface water dependent businesses and landholders, up to the long-term
average annual extraction limit and the long-term average sustainable
diversion limit,
(c) to contribute to maintaining water quality within target ranges for agriculture, surface water-dependent businesses and landholders.
(3) The strategies for reaching the targeted economic objectives of this Plan are as follows:
(a) provide for trade of water allocations and share components subject to environmental and system constraints,
Notes.
1 The provisions in Part 11 permit a variety of dealings within
environmental and system constraints, including assignment
of rights under access licences, assignment of water allocations
between access licences and the ability to move the share component
of an access licence from one water source to another.
2 Clause 32 creates an inter-valley share component trade account that
can be set aside to meet water requirements in the Lower Namoi
Regulated Water Source.
(b) provide a stable and predictable framework for sharing water among water users,
Note. The available water determination provisions in Part 7 provide certainty in how
water is to be shared between different categories of access licences. (c) provide for flexibility of access to water, Note. The water allocation account management rules in Part 9 provide flexibility
that reflects the characteristics of the licence category.
(d) manage extractions to the long-term average annual extraction limit and the long-term average sustainable diversion limit, while recognising variability in
climatic conditions in different years, including during drought,
Note. The application of the long-term average annual extraction limit and the long-
term average sustainable diversion limit and the assessment and compliance
provisions in Part 7 manage extractions to different climatic conditions in different
years.
(e) reserve a share of water to partially mitigate deterioration in water quality due to alterations to natural flow regimes.
(4) The performance indicator used to measure success the success of the strategies for reaching the broad economic objective in subclause (1) is an evaluation of the extent to which the combined outcomes of the targeted economic objectives in subclause (2) have contributed to achieving the broad objective. (5) The performance indicators used to measure the success of the strategies for reaching the targeted economic objectives in subclause (2) are the changes or trends in economic benefits during the term of this Plan, as assessed using one or more of the following:
(a) the economic benefits of water extraction and use, including the movement of water to higher value uses,
(b) the economic benefits of water trading including as demonstrated by:
(i) the annual number or volume of share components of access licences transferred or assigned, and
(ii) the weighted average unit price of share components of access
licences transferred or assigned, and
Note. Weighted average unit price is defined in the Dictionary.
(iii) the annual volume of water allocations assigned, and
(iv) the weighted average unit price of water allocations assigned,
(c) the recorded values of water quality measurements including salinity, sodium adsorption ratio, harmful algal blooms, total nitrogen, total phosphorus, pH,
and dissolved oxygen.
(6) In evaluating the effectiveness of the strategies in meeting the objectives in this clause, the following will be relevant:
(a) the extent to which the strategies in subclause (3) and provisions in this Plan have been implemented and complied with,
(b) the extent to which changes in the economic benefits of surface water extraction and use can be attributed to the strategies in subclause (3) and
provisions in this Plan,
(c) the water made available during the term of this plan through available water determinations and granting of new licences,
(d) the extent to which external influences on surface-water dependent businesses during the term of this Plan have affected progress towards
achieving the economic objectives.
Note. External influences may include trends in urban, agricultural and industrial
development, energy costs, commodity prices, interest rates, technology advances,
climate and changes in industry policy or regulation.
12 Aboriginal cultural objectives
(1) The broad Aboriginal cultural objective of this Plan is to maintain, and where possible
improve, the spiritual, social, customary and economic values and uses of water by
Aboriginal people.
(2) The targeted Aboriginal cultural objectives of this Plan are as follows:
(a) to provide access to water in the exercise of native title rights,
(b) to provide access to water for Aboriginal cultural use, including fishing, (c) to protect, and where possible improve, identified surface water-dependent culturally significant areas, including important riparian vegetation
communities,
(d) to contribute to the maintenance of water quality within target ranges to ensure suitability of water for Aboriginal cultural use.
(3) The strategies for reaching the targeted Aboriginal cultural objectives of this Plan are as follows:
(a) manage access to water consistently with the exercise of native title rights, (b) provide for water associated with Aboriginal cultural values and uses, Note. The provisions in Part 8 provide opportunities for Aboriginal people to access water by allowing for the granting of an access licence of the subcategory ‘Aboriginal cultural’.
(c) reserve a share of water to partially mitigate alterations to natural flow regimes in the water source,
Note. The provisions in Part 6 partially mitigate the alterations to low, medium and
high flows.
(d) reserve a share of water to maintain longitudinal and lateral connectivity within and between water sources.
(4) The performance indicator used to measure the success of the strategies for reaching the broad Aboriginal cultural objective in subclause (1) is an evaluation of the extent to which the combined outcomes of the targeted Aboriginal cultural objectives in subclause (2) have contributed to achieving the broad objective. (5) The performance indicators used to measure the success of the strategies for reaching the targeted Aboriginal cultural objectives in subclause (2) are the changes or trends in Aboriginal cultural benefits during the term of this Plan, as assesses using one or more of the following:
(a) the use of water by Aboriginal people by measuring factors including: (i) the extent to which native title rights are able to be exercised,
consistently with any determination of native title or indigenous land
use agreement, and
(ii) the extent to which access to water has contributed to achieving
Aboriginal cultural outcomes,
(b) the recorded range or extent of target populations of native fish, (c) the recorded range or condition of target populations of riparian vegetation, (d) the recorded values of water quality measurements including salinity,
harmful algal blooms, total nitrogen, total phosphorus, pH, water temperature
and dissolved oxygen.
(6) In evaluating the effectiveness of the strategies in meeting the objectives in this clause, the following will be relevant:
(a) the extent to which the strategies in subclause (3) and provisions in this Plan have been implemented and complied with,
(b) the extent to which changes in the performance indicators can be attributed to the strategies in subclause (3) and provisions in this Plan,
(c) the extent to which the strategies in subclause (3) support achievement of the Aboriginal cultural objectives,
(d) the water made available for Aboriginal cultural values and uses during the term of this Plan through available water determinations and the granting of
new licences,
(e) the extent to which external influences on surface water-dependent Aboriginal cultural activities during the term of this Plan have affected
progress towards achieving the Aboriginal cultural objectives.
Note. External influences may include trends in Aboriginal cultural activity, urban,
agricultural and industrial development, climate or changes in policy or regulation.
12A Social and cultural objectives (1) The broad social and cultural objective of this Plan is to provide access to surface water to support surface water-dependent social and cultural values. (2) The targeted social and cultural objectives of this Plan are to maintain, and where possible improve, the following:
(a) access to water for basic landholder rights, town water supply and licensed domestic and stock purposes,
(b) access to water for surface water-dependent cultural, heritage and recreational uses, including recreational fishing,
(c) water quality within target ranges for basic landholder rights, town water supply, domestic and stock purposes and surface water-dependent
cultural, heritage and recreational uses, including recreational fishing.
(3) The strategies for reaching the targeted social and cultural objectives of this Plan are as follows:
(a) provide water access for basic landholder rights, town water supply, and for licensed domestic and stock purposes,
(b) reserve a share of water to partially mitigate alterations to natural flow regimes in the water source,
(c) reserve a share of water to maintain longitudinal and lateral connectivity within and between water sources.
(4) The performance indicator used to measure the success of the strategies for reaching the broad social and cultural objective in subclause (1) is an evaluation of the extent to which the combined outcomes of the targeted social and cultural objectives in subclause (2) have contributed to achieving the broad objective. (5) The performance indicators used to measure the success in reaching the targeted social and cultural objectives in subclause (2) are the changes or trends in social and cultural benefits during the term of this Plan as assessed using one or more of the following:
(a) the social and cultural uses of water during the term of this Plan by measuring factors including:
(i) the extent to which basic landholder rights and licensed domestic and
stock requirements have been met, and
(ii) the extent to which major utility access license and local water utility
access licence requirements have been met,
(b) the recorded range or extent of target populations of native fish that are important for recreational fishing,
(c) the recorded takes of native fish that are important for recreational fishing within legal age and size classes,
(d) the recorded values of water quality measurements including salinity, harmful algal blooms, total nitrogen, total phosphorus, pH, water temperature
and dissolved oxygen.
(6) In evaluating the effectiveness of the strategies in meeting the objectives in this clause, the following will be relevant:
(a) the extent to which the strategies in subclause (3) and provisions in this Plan have been implemented and complied with,
(b) the extent to which the changes in the performance indicators can be attributed to the strategies in subclause (3) and provisions in this Plan,
(c) the extent to which the strategies in subclause (3) support achievement of the social and cultural objectives,
(d) the water made available during the term of this Plan through available water determinations and the granting of new licences,
(e) the extent to which external influences on surface water-dependent social and cultural activities during the term of this Plan have affected progress toward
achieving the social and cultural objectives.
Note. External influences may include trends in urban, agricultural and industrial
development, social or cultural behaviour, climate or changes in policy or regulation.
[8] Clause 13 Bulk access regime
Omit clause 13. Insert instead:
(1) This plan establishes a bulk access regime for the extraction of water under access licences, having regard to the following:
(a) the planned environmental water established under Part 4, (b) the requirements for water to satisfy basic landholder rights identified under Part 5,
(c) the requirements for water extraction under access licences identified under Part 5,
(d) the access licence dealing rules established under Part 11.
(2) The bulk access regime:
(a) establishes rules according to which: (i) access licences are to be granted as provided for in Part 8, and
(ii) available water determinations are to be made as provided for in Part
7, and
(iii) access licences are managed as provided for in Part 9, and
(b) establishes rules with respect to the priorities according to which water allocations are to be adjusted as a consequence of any reduction in the
availability of water due to an increase in extraction above the long-term
average annual extraction limit or long-term average sustainable diversion
limit in Part 7, and
(c) recognises, and is consistent with, the following:
(i) the limits to the availability of water as provided for in Part 7, (ii) the water management principles under section 5 of the Act, (iii) the effect of climatic variability on the availability of water as described in clause 14, and
(d) contains provisions with respect to the mandatory conditions imposed on access licences in Part 12.
[9] Clause 14 Climatic variability
Omit the clause. Insert instead:
This Plan recognises the effects of climatic variability on river flow through provisions
contained in Part 7 that:
(a) manage the sharing of water within the limits of water availability on a long-term basis, and
(b) establish priorities according to which water allocations are to be adjusted as a consequence of any reduction in the availability of water due to an increase in extraction against the long-term average annual extraction limit or the long-term average sustainable diversion limit, and
(c) manage the sharing of water between categories of access licences on an annual basis through available water determinations.
Note. Other statutory tools are available to manage for climatic variability within a water source, for example, temporary water restrictions under section 324 of the Act.
[10] Clause 15 General
Omit the clause. Insert instead:
This Part contains environmental water provisions that commit, identify, establish and
maintain planned environmental water.
Note. In accordance with the Act, planned environmental water is water that is committed by
management plans for fundamental ecosystem health or other specified environmental
purposes, either generally or at specified times or in specified circumstances, and that cannotto the extent committed be taken or used for any other purpose.
[11] Clause 16 Commitment and identification of planned environmental water
Omit the clause. Insert instead:
16 Commitment and identification of planned environmental water Water is committed and identified as planned environmental water by reference to the following:
(a) the physical presence of water in the water source, (b) the long-term average annual commitment of water as planned environmental water, (c) the water that is not committed after the commitments to basic landholder rights and for sharing and extraction under any other rights have been met.
[12] Clause 17 Establishment and maintenance of planned environmental water
Omit the clause. Insert instead:
17 Establishment and maintenance of planned environmental water (1) Planned environmental water is established in the water source as follows:
(a) the physical presence of water, resulting from the following:
(i) the environmental release rules specified in Part 6, (ii) the limitations on access to uncontrolled flows for regulated river (general security) access licences as specified in Division 2 of Part
9,
Note. The rules in Part 6 set water aside in Chaffey Dam for the purpose of
making releases later in the water year for environmental purposes. These
rules also require the release water from Chaffey Dam through to the end of
Peel Regulated River Water Source. The provisions in Division 2 of Part 9
protect 50% of uncontrolled flow volumes that arise from unregulated
inflows to the water source above the specified flow thresholds for
the environment.
(b) the long-term average annual commitment of water as planned environmental water resulting from compliance with the long-term average annual
extraction limit and the long-term average sustainable diversion limit in Part
7,
(c) the water remaining after water has been taken under basic landholder rights, access licences and any other rights under the Act in accordance with the
provisions in Part 7 and Part 9.
(2) The planned environmental water established under subclause (1) (a) is maintained by:
(a) the environmental release rules specified in Part 6, (b) the limitations on access to uncontrolled flows for regulated river (general security) access licences as specified in Division 2 of Part 9.
(3) The planned environmental water established under subclause (1) (b) is maintained by the provisions specified in Part 7. (4) The planned environmental water established under subclause (1) (c) is maintained by the provisions specified in Part 7 and Part 9. Note. The provisions in Part 7 of this Plan ensure that there will be water remaining in the water source over the long term by maintaining compliance with the long-term average annual extraction limit and the long-term average sustainable diversion limit. The provisions in Part 7 also provide for reduced available water determinations when either of those limits has been assessed to have been exceeded. [13] Clause 20 - 22
Omit the clauses. Insert instead:
20 Domestic and stock rights On the commencement of this Plan, the water requirements of persons entitled to domestic and stock rights are estimated to total 300 megalitres per year (ML/year). Notes.
1
Domestic and stock rights are set out in section 52 of the Act and must be exercised in accordance with any mandatory guidelines established under the Act for the taking
and use of water for domestic consumption or stock watering.
2 Under section 331 of the Act, the Minister may direct the holder of a domestic and stock right to take specified measures to protect the environment, to preserve basic
landholder rights or to overcome a threat to public health
3 The volumes set out in this clause are separate from any volumes of water that may
be taken under an access licence for domestic and stock purposes.
21 Native title rights
The requirement for water to satisfy native rights is the water that may be taken in the exercise of native title rights in accordance with the Native Title Act 1993 of the
Commonwealth, including:
(a) under any determination of native title, and
(b) any indigenous land use agreement.
Notes.
1 No determinations of native title in relation to the water source have been made in
accordance with the Native Title Act 1993 of the Commonwealth.
2 This Plan may be amended if there is a native title determination in accordance with the
Native Title Act 1993 of the Commonwealth by which water is required.
3 Native title rights may be exercise in accordance with the Native Title Act 1993 of the
Commonwealth, including section 211 of that Act.
22 (Repealed)
[14] Clause 23 Share components of domestic and stock access licences
Omit the clause. Insert instead:
23 Share components of domestic and stock access licences On the commencement of this Plan, it is estimated that the share components of domestic and
stock access licences total 163 ML/year.
[15] Clause 24 Share components of local water utility access licences
Omit the clause. Insert instead:
24 Share components of local water utility access licences On the commencement of this Plan, it is estimated that the share components of local water
utility access licences total 16,400 ML/year.
[16] Clause 25 Share components of unregulated river access licences
Omit the clause.
[17] Clause 26 Share components of aquifer access licences
Omit the clause.
[18] Clause 27 Share components of aquifer (general security) access licences
Omit the clause.
| [19] |
|
Omit the clause. Insert instead:
Clause 30 General Clause 31 (3) does not apply if an authorisation under section 8 of the Water Supply (Critical
Needs) Act 2019 in relation to the development of the Chaffey Dam to Dungowan Village
pipeline is in force.
Note. If an authorisation referred to above is in force, alternate rules will apply as set out inthe authorisation.
[20] Part 7
Omit the Part. Insert instead:
Part 7 Limits to the availability of water Note. This Part sets out the rules for managing the availability of water for extraction in accordance with the following long-term limits on extraction:
(a) a long-term average annual extraction limit, and (b) a long-term average sustainable diversion limit.
Division 1 Calculations under this Part
38 Exclusions, inclusions and variations in calculations (1) This clause applies to the calculation of the following: (a) the long-term average annual extraction limit under clause 39,
(b) the average annual extraction under clause 40,
(c) the annual permitted take under clause 44,
(d) the annual actual take under clause 44.
Note. Annual permitted take and annual actual take are defined in the Dictionary.
(2) The calculation by the Minister which this clause applies must: (a) exclude the following: (i) allocations assigned from an access licence in the water source to an
access licence in another water source under section 71T of the Act,
(ii) environmental releases provided for in Part 6,
(iii) in relation to average annual extraction under clause 40 only, water
committed as licensed environmental water under section 8F of the
Act, and
(b) include the following:
(i) allocations assigned to an access licence in the water source from an
access licence in another water source under section 71T of the Act,
(ii) the extraction of water from Dungowan Dam water storage under a
local water utility access licence.
(3) The calculation by the Minister of the long-term average annual extraction limit under clause 39 must be adjusted by a volume that appropriately reflects the following:
(a) any change to the amount of water committed as licensed environmental water under section 8F of the Act,
(b) the share components of water access licences in the water source that are subject to a dealing under section 71U of the Act.
Division 2 Long-term average annual extraction limit 39 Calculation of the long-term average annual extraction limit
(1) Following the end of each water year, the Minister must calculate the long-term
average annual extraction limit for the water source in accordance with this clause
and clause 38.
(2) The long-term average annual extraction limit is the lesser of the following:
(a) the average annual extraction, based on the following: (i) the water storages and water use development that existed in
2007/2008,
(ii) the basic landholder rights and access licence share components that
existed on 1 July 2010,
(iii) the rules set out in the Water Sharing Plan for the Peel Valley
Regulated, Unregulated, Alluvium and Fractured Rock Water
Sources 2010 that apply to the water source as at 1 July 2010,
(iv) the level of development for plantation forestry that existed on 30
June 2009.
Note. Planation forestry is defined in the Dictionary.
(b) the average annual extraction calculated under Cap baseline conditions as agreed under the Murray-Darling Basin Agreement that was in place at the
commencement of the Water Sharing Plan for the Peel Valley Regulated,
Unregulated, Alluvium and Fractured Rock Water Sources 2010,
Note. Murray-Darling Basin Agreement is defined in the Dictionary.
plus the long-term average annual extraction from Dungowan Dam water storage under a
local water utility access licence.
Note. Cap baseline conditions are defined in the Dictionary.
(3) For the purposes of subclause (2), average annual extraction is to be calculated over the duration of available water climate records using the hydrological computer model approved by the Minister. Notes.
1 Under section 8F of the Act the long-term average annual extraction limit is to be varied by any change to licensed environmental water, excluding water
committed under section 8C of the Act.
2 The long-term average annual extraction limit recognises the effect of
climatic variability on the availability of water, in accordance with section 20
(2) (c) of the Act as historic climate and river flow information is used in its
determination.
40 Calculation of average annual extraction
(1) Following the end of each water year, the Minister is to calculate average annual
extraction from the water source over the preceding ten water years plus average
annual extraction from Dungowan Dam water storage by Tamworth Regional
Council over the same ten water years.
(2) If required under clause 42 (2), the Minister is to calculate the sum of the
following:
(a) the average annual extraction from the water source using the hydrological computer model approved by the Minister, over the duration of available
climate records, based on the following:
(i) the water storages and water use development that existed in that
water year,
(ii) the basic landholder rights and access licence share components that
existed in that water year,
(iii) the rules in this Plan, that applied in that water year, and
(iv) the level of development for plantation forestry in that water year,
(b) the long-term average annual extraction from Dungowan
Dam water storage by Tamworth Regional Council. 41 Calculation of growth in extraction by Tamworth Regional Council
(1) Following the end of each water year, the Minister, is to calculate the average annual
extraction by the following access licences held by Tamworth Regional Council:
(a) access licences specified in Schedule 1, (b) access licences resulting from a dealing involving an access licence specified in Schedule 1,
(Tamworth Regional Council access licences).
(2) Following the calculation under subclause (1), the Minister is to calculate the growth in extraction by Tamworth Regional Council by calculating the difference between the average annual extraction calculated under subclause (1) and the average annual extraction by the Tamworth Regional Council access licences under Cap baseline conditions. (3) If the growth calculated in accordance with subclause (2) is less than zero, the growth is taken to be zero. (4) For the purposes of subclause (1) and (2), average annual extraction is to be calculated over the duration of available water climate records using the hydrological computer model approved by the Minister. 42 Assessment of compliance with the long-term average annual extraction limit (1) Following the end of each water year, the Minister is to calculate the average annual extraction from the water source over the preceding ten water years plus average annual extraction from Dungowan Dam water storage by Tamworth Regional Council over the same ten water years, based on the development conditions that are used to determine the long-term average annual extraction limit in clause 39 (2) (a). (2) If average annual extraction calculated under clause 40 (1) exceeds average annual extraction calculated under subclause (1) by more than 20%, then a calculation in accordance with clause 40 (2) is to be undertaken. (3) There is non-compliance with the long-term average annual extraction limit if the sum of average annual extraction calculated under clause 40 (2) minus 95% of the growth in extraction by Tamworth Regional Council as calculated under clause 41, exceeds the long-term average annual extraction limit by 3% or more. Division 3 Long-term average sustainable diversion limit 43 Calculation of the long-term average sustainable diversion limit
(1) Subject to any variation in accordance with subclause (2), the long-term average
sustainable diversion limit for the water source is:
(a) the component of the baseline diversion limit the Namoi SDL resource unit as determined under Schedule 3 of the Basin Plan, that in the Minister’s
opinion is attributable to the water source, minus
(b) the component of the local reduction amount for the Namoi SDL resource unit as determined under Schedule 2 of the Basin Plan, that in the Minister’s
opinion is attributable to the water source, minus
(c) the component of the shared reduction amount for the Namoi SDL resource unit as determined under section 6.05 of the Basin Plan, that in the Minister’s
opinion is attributable to the water source.
(2) The long-term average sustainable diversion limit is to be varied as determined under Chapter 7 of the Basin Plan. Notes.
1 Baseline diversion limit and SDL resource unit shared reduction amount are defined in the Dictionary.
2 The long-term average sustainable diversion limit for the Namoi SDL
resource unit as specified in Schedule 2 of the Basin Plan covers extractions
from the water source, the Upper and Lower Namoi Regulated River Water
Sources, the Peel Unregulated River Water Sources and the Namoi
Unregulated River Water Sources.
3 Schedule 2 of the Basin Plan Specifies a local reduction amount of 20 GL.
44 Calculation of annual permitted take and annual actual take for the water year
(1) Following the end of each water year, the Minister is to calculate annual permitted
take and annual actual take of water for the previous water year in accordance with
Division 2 of Part 4 of Chapter 6 of the Basin Plan.
(2) For the purposes of the calculation, references to the SDL resource unit in Division 2
of Part 4 of Chapter 6 of the Basin Plan are taken to be references to the water source.
Notes.
1 Take of licensed environmental water and under licences held by the Commonwealth Environmental Water Holder are not included in the
calculation of annual permitted take and annual actual take as they fall
outside the definition of take for consumptive use.
2 Consumptive use and take are defined in section 4 of the Water Act 2007 of
the Commonwealth.
45 Assessment of compliance with the long-term average sustainable diversion limit
(1) Following the calculation under clause 44 after the end of each water year, the
Minister is to undertake an assessment of compliance with the long-term average
sustainable diversion limit, in accordance with the requirements of Division 2 of Part
4 of Chapter 6 of the Basin Plan.
(2) There is non-compliance with the long-term average sustainable diversion limit in the
circumstances set out in Division 2 of Part 4 of Chapter 6 of the Basin Plan.
Division 4 Compliance with extraction and diversion limits 46 Action following non-compliance
(1) Subject to subclauses (2) to (4), if an assessment under clauses 42 or 45
demonstrates non-compliance with either the long-term average annual extraction
limit or the long-term average sustainable diversion limit, the Minister is to reduce the
limit of the sum of available water determinations under clause 47 (2) for regulated
river (general security) access licences.
Note. Action under this clause will have effect for the water year following the
assessment, which will be two water years after the non-compliance occurred.
(2) The Minister may take the action specified in subclause (1) if an assessment under
clause 45 would have demonstrated non-compliance with the long-term average
sustainable diversion limit but for there being a reasonable excuse, as provided for in
Division 2 of Part 4 of Chapter 6 of the Basin Plan.
(3) An action in accordance with subclause (1) and (2) is to be taken to the extent to
which and only for as long as, the Minister considers the following is necessary:
(a) in the case of non-compliance with the long-term average annual extraction limit― to return long-term average annual extraction in the water source
minus 95% of the growth in extractions by Tamworth Regional Council to
the long-term average annual extraction limit,
(b) in the case of non-compliance with the long-term average sustainable diversion limit― to meet the requirements of Division 2 of Part 4 of Chapter
6 of the Basin Plan,
(c) in the case where non-compliance with the long-term average sustainable diversion limit would have occurred but for there being a reasonable
excuse― to meet the requirements of Division 2 of Part 4 of Chapter 6 of the
Basin Plan.
(4) Before taking action under subclause (1) or (2) the Minister may consult with water user representatives on the following:
(a) the data used for the calculations under Divisions 2 and 3, and (b) the proposed actions under this Division. Division 5 Available water determinations 47 General
(1) Available water determinations for access licences are to be expressed as one of the
following:
(a) for an access licence specifying the share component as ML/year— a percentage of the share component,
(b) for an access licence specifying the share component as a number of unit shares— megalitres (ML) per unit share.
(2) The sum of available water determinations made for any access licence must not exceed the following in any water year:
(a) for an access licence specifying the share components in ML/year— 100% of the access licence share component,
(b) for an access licence specifying the share component as a number of unit shares— 1 ML per unit share of the access licence share component unless a
lower amount is determined under clause 46.
48 Available water determinations for domestic and stock access licences
(1) Unless the Minister otherwise determines, at the commencement of each water year
an available water determination of 70% of the access licence share component is to
be made for domestic and stock access licences.
(2) Subject to clause 47 (2), further available water determinations may be made for
domestic and stock access licences if water is available after making an available
water determination for regulated river (high security) access licences in accordance
with clause 50 (1).
49 Available water determinations for local water utility access licences
(1) Unless the Minister otherwise determines, at the commencement of each water year
an available water determination of 70% of share components is to be made for local
water utility access licences.
(2) Subject to clause 47 (2), further available water determinations may be made for
local water utility access licences if water is available after making an available water
determination to regulated river (high security) access licences in accordance with
clause 50 (1).
50 Available water determinations for regulated river (high security) access licences
(1) Unless the Minister otherwise determines, at the commencement of each water year
an available water determination of 0.5 ML per unit share is to be made for regulated
river (high security) access licences.
(2) Following the available water determination made in accordance with subclause (1),
the Minister is to assess if water is available for the making of further available water
determinations for regulated river (high security) access licences.
(3) For the purposes of this assessment, water is not available unless sufficient water is
available for the following:
(a) to meet the provisions in Part 6, (b) to meet the requirements for basic landholder rights, (c) to make available water determinations totalling 100% of access licence share components for both domestic and stock access licences and local water
utility access licences,
(d) to provide for existing allocations in access licence water allocation accounts, (e) to account for water losses associated with holding and delivering the water:
(i) as a result of the available water determination made in accordance with subclause (4), and
(ii) referred to in paragraphs (a) to (d) above.
(4) If the Minister assesses under subclause (2) that water is available, the Minster is to consider making an available water determination for regulated river (high security) access licences, subject to clause 47 (2). 51 Available water determinations for regulated river (general security) access licences (1) The Minister is to assess, at least monthly, if water is available for the making of an available water determination for regulated river (general security) access licences, at least monthly. (2) For the purposes of this assessment, water is not available unless sufficient water is available for the following:
(a) to meet the provisions in Part 6, (b) to meet the requirements for basic landholder rights, (c) to make available water determinations totalling 100% of access licence share components for both domestic and stock access licences and local water
utility access licences,
(d) to make available water determinations totalling 1 ML per unit share for regulated river (high security) access licences,
(e) to provide existing water allocations in access licence water allocation accounts,
(f) to account for water losses associated with holding and delivering the water:
(i) to be made available as a result of the available water determination under this clause, and
(ii) referred to in paragraphs (a) to (e) above.
(1) If the Minister assesses under subclause (1) that water is available, the Minster is to consider making an available water determination (in ML per unit share) for
regulated river (general security) access licences, subject to clause 47 (2).
52 (Repealed)
53 (Repealed)
[21] Clause 54 Specific purpose access licences
Omit “these water sources”. Insert instead “the water source” in clause 54 (1) and (2).
[22] Part 9
Omit the Part. Insert instead:
Notes.
1 Section 85 of the Act and the regulations provide for the keeping of water allocation accounts for access licences. The provisions in this Part limit the water that may be
taken under, or assigned from, an access licence over a specified period of time, and
the unused water allocations in water allocation accounts that may be carried over
from one water year to the next. These limits are in addition to any other limits
on access licences for the taking or assignment of water. It is an offence under
section 60C of the Act to take water under an access licence for which there is no
or insufficient water allocation.
2 The provisions in this Part apply to the following persons:
(a) the Minister in managing water allocation accounts, (b) the access licence holder, as required by mandatory conditions imposed on the access licence under Part 12.
Division 1 Accounting for water allocation accounts 55 Debits from an individual water allocation account
For any access licence, the Minister must debit the volume of water extracted by water supply works nominated by the access licence from the water allocation account of the licence,
except where clause 57 applies.
56 Limits on water allocation accounts and carryover
Water allocations remaining in a water allocation account must not be carried over from one
water year to the next water year for any category of licence.
Division 2 Taking of uncontrolled flows 57 Taking of uncontrolled flows under regulated river (general security) access
licences
Notes. 1 This clause is made under section 85 of the Act. 2 Uncontrolled flow is defined in the Dictionary. (1) The Minister may, by order published on the Department’s website, authorise the holders of regulated river (general security) access licences to take water from uncontrolled flows that have not been credited to the water allocation accounts of the licences in accordance with the rules in this clause. (2) The taking of uncontrolled flows that arise from unregulated inflows to the water source, by holders of regulated river (general security) access licences that nominate a water supply work located in a segment of the water source specified in Column 1 of Table A must:
(a) not be permitted to commence until flows have increased to the start flow specified in Column 3 of Table A as measured at the flow reference point
specified in Column 4 of Table A for that segment of the water source, and
(b) be required to cease when flows have decreased to less than the finish flow specified in Column 5 of Table A as measured at the flow reference point
specified in Column 6 of Table A for that segment of the water source,
whenever the sum of available water determinations for regulated river (general
security) access licences in the water source is equal to that specified in Column 2 of
Table A for the water year for that segment of the water source.
(3) The taking of uncontrolled flows under subclause (2) must not be permitted to exceed 50% of the forecast uncontrolled flow volume above the finish flow specified in Column 5 of Table A for the segment of the water source as measured at:
(a) the most downstream gauge for each segment of the water source, if the sum of available water determinations for regulated river (general security) access
licences is less than 0.35 ML per unit of share component in the water year,
or
(b) Caroll Gap, if the sum of available water determinations for regulated river (general security) access licences is equal to or greater than 0.35 ML per unit
of share component in the water year.
Table A —Uncontrolled flow arising from unregulated inflows
| Column 1 | Column 4: |
Column 2: Total Column 3: Column 5:
Flow Column 6: Flow
AWD (ML per Start flow Finish flow
| Segment of the | reference | reference points |
unit share) (ML/day) (ML/day)
| water source | points |
| Chaffey Dam to | Peel River at |
| Paradise Weir | Carroll Gap |
gauge
(419006)
| Paradise Weir to | Any gauge within the |
Less than 0.35 40 5
| Attunga Creek | segment in Column 1 |
| Attunga Creek to the Namoi River | |
| Chaffey Dam to | Peel River at |
| Paradise Weir | Carroll Gap |
gauge
(419006)
| Paradise Weir to | Greater than or | Peel River at Carroll |
50 50
| Attunga Creek | equal to 0.35 | Gap gauge (419006) |
| Attunga Creek to the Namoi River |
(4) The taking of uncontrolled flows that arise from ECA releases made under clause 31, by
regulated river (general security) access licences that nominate a water supply worklocated from Chaffey Dam to the Peel River at Piallamore gauge (419015) must:
(a)
not commence until the flow arising from a release of water from the ECA is greater than or equal to 50 ML/day, as measured at the Peel River at Piallamore
gauge (419015),
(b) cease when the flow arising from a release of water from the ECA is less than 50 ML/day, as measured at the Peel River at Piallamore gauge (419015),
(c) not be pumped into an on-farm storage.
(5)
The taking of uncontrolled flows that arise from ECA releases made under clause 31, by holders of regulated river (general security) access licences that nominate a water supply
work located downstream of the Peel River at Piallamore gauge (419015) must:
(a)
not commence until the flow arising from a release of water from the ECA are greater than or equal to the forecasted flow specified in Column 2 of Table B as
measured at the flow reference point specified in Column 3 of Table B, and
(b) cease when the flow arising from a release of water from the ECA is less than the finish flow specified in Column 4 of Table B as measured at the flow reference point specified in Column 5 of Table B,
whenever the sum of available water determinations for regulated river (general security)
access licences in the water source is equal to that specified in Column 1 of Table B.
Table B — Flows arising from ECA releases from Chaffey Dam downstream of the Peel
River at Piallamore gauge (419015)
| Column 1: Total | Column 2: | Column 3: Flow |
Column 4: Finish Column 5: Flow reference
| AWD (ML per unit | Forecast flow | reference points |
flow (ML/day) points
share) (ML/day) Peel River at
Caroll Gap gauge
Any gauge within the
(419006)
| Less than 0.35 | 40 | 5 | segment to which the announcement applies |
Peel River at
| Greater than or equal | Peel River at Caroll Gap |
Caroll Gap gauge
50 50
to 0.35 gauge (419006) (419006)
(6) In any water year, the total amount of water permitted to be taken from uncontrolled
flows by each regulated river (general security) access licence must not exceed thedifference between:
(a) the sum of available water determinations made for regulated river (general
security) access licences in that water year, and
(b) the limit of the sum of available water determinations that can be made for regulated river (general security) access licences under clause 46.
(7) Regulated river (general security) access licence holders must be required to supply the
operator with meter readings taken immediately prior to and after the taking ofuncontrolled flows within 7 days of ceasing to take uncontrolled flow. (8) If the total amount of water taken from uncontrolled flows by a regulated river (general
security) access licence exceeds the limits specified in subclause (6), then a volume
equivalent to the exceedance will be debited from allocations credited to the accesslicence water allocation account in that water year. Note. It is possible for the limits specified in subclause (6) to be exceeded if available water determinations increase after uncontrolled flows have been extracted. [23] Part 10 Rules for water supply work
Omit the Part.
[24] Part 11 Access licence dealing rules
Omit the Part. Insert instead:
Notes.
1 Access licence dealings in the water source are subject to the provisions of the Act, the regulations, any access licence dealing principles established by order made
under section 71Z of the Act and the access licence dealing rules established under
this Part.
2 At the commencement of this Plan the Access Licence Dealing Principles Order
2004 applies. The access licence dealing principles prevail over the access licence
dealing rules in this Plan to the extent of any inconsistency, as provided under
section 71Z (3) of the Act.
3 An application for a dealing may be refused, or conditions imposed on an access
licence or water supply work approval at the time of a dealing to give effect to the
provisions of this Plan.
4 This Part may be amended if individual daily extraction components are imposed on
access licences in the water source.
82 Conversion of access licence to new category dealings
Dealings under section 71O of the Act are prohibited.
83 Assignment of rights dealings (within the water source or within a water
management area)
(1) A dealing under section 71Q of the Act within the water source is prohibited if the
dealing is from a regulated river (high security) access licence that does not nominate
a water supply located downstream of Jewry Street Bridge over the Peel River to a
regulated river (high security) access licence that nominates a water supply work
located downstream of the Jewry Street Bridge over the Peel River.
(2) A dealing under section 71Q of the Act that is from or to an access licence in another
water source is prohibited unless the dealing involves all of the following:
(a) the dealing is to an access licence in the Lower Namoi Regulated River Water Source,
(b) a conversion factor of 0.5 is applied to the increase in share component, (c) the sum of share components of the following do not exceed 15,000:
(i) the share components assigned from the water source from a dealing under section 71Q of the Act in accordance with this subclause, and
(ii) the share components of an access licence cancelled from a dealing
under section 71R of the Act in accordance with clause 84.
84 Amendment of share component dealings (change of water source)
Dealings under section 71R of the Act are prohibited unless the dealing involves all of the
following:
(a) the cancellation of an access licence with a share component that specifies the water source,
(b) the issuing of an access licence with a share component that specifies the Lower Namoi Regulated River Water Source,
(c) the share component of the access licence issued being equal to 0.5 times the share component of the cancelled access licence,
(d) the sum of share components of the following does not exceed 15,000:
(i) the share components of cancelled access licences from dealings under section 71R of the Act in accordance with this clause, and
(ii) the share components assigned from the water source from dealings under
section 71Q of the Act in accordance with clause 83 (2).
Note. Rules for an inter-valley trading account, as set out in clause 32 of this Plan
will come into effect when dealings under this clause and clause 83 (2) exceed
7,500 ML.
85 Interstate access licence transfer and assignment of water allocations
(1) Dealings under section 71U of the Act involving the interstate transfer of an access
licence to or from the water source are prohibited.
(2) Dealings under section 71V of the Act involving the interstate assignment of water
allocations to or from the water source are prohibited.
86 Assignment of water allocations dealings
Dealings under section 71T of the Act are prohibited in any of the following circumstances:
(a) if no available water determination has been made for regulated river (general security) access licences and the dealing involves an assignment of water allocation from an access licence that does not nominate a water supply work located downstream of the Jewry Bridge over the Peel River to an access licence that nominates a water supply work located downstream of the Jewry Street Bridge over the Peel River,
(b) the dealing involves an assignment of water allocation to or from an access licence in another water source.
87 Nomination of water supply work dealings
Dealings under section 71W of the Act are prohibited in any of the following circumstances:
(a) the dealing involves a regulated river (high security) access licence that does not nominate a water supply work located downstream of the Jewry Street Bridge over
the Peel River being amended to nominate a water supply work located downstream
of the Jewry Street Bridge over the Peel River,
(b) the dealing involves a regulated river (high security) access licence that nominates a water supply work located downstream of the Jewry Street Bridge over the Peel River
being amended to nominate a water supply work located downstream of the original
water supply work,
(c) the dealing involves an access licence in the water source being amended to nominate a water supply work located in another water source.
88 (Repealed)
[25] Clause 89 General
Omit clauses 89 (2) and (3).
[26] Clause 89 (5)
Omit “in the relevant water sources” in clause 89 (5).
[27] Clause 90 General
Omit the clause. Insert instead:
| (1) | All water supply work approvals for water supply works must have mandatory conditions to | |
| give effect to the following: | ||
|
(i) of any water management infrastructure used in connection with the
operation of the water supply work, and
(ii) of any cropping carried out using the water taken through the water supply work including the type of crop, area cropped, and dates of planting and
harvesting,
(b) where metering equipment has been installed for use in connection with a water supply work, the approval holder must keep records of the time, date and quantity of water taken through the water supply work,
(c) where metering equipment has not been installed for use in connection with a water supply work, the approval holder must keep records of all pumping activities for the water supply work including pump running hours, pump power usage and pump fuel usage,
(d) when required by the Minister by notice in writing, the approval holder must provide any records kept under paragraphs (a), (b) or (c) to the Minister within the time specified in the notice and to the standard specified in the notice,
(e) the records required to be kept under paragraphs (a), (b) or (c) must be kept for the duration of the approval,
(f) when required by the Minister by notice in writing, metering equipment must be installed and maintained for use in connection with the water supply work,
(g) if the Minister has specified in the notice issued under paragraph (f) that metering equipment must be of a type or standard or has specified other criteria, any metering equipment installed, operated or maintained must comply with any type, standard or the other criteria specified by the Minister, and
Note. The Minister may direct a landholder or person to install, replace or to properly maintain metering equipment under section 326 of the Act.
(h) any other conditions required to implement the provisions of this Plan.
| (2) | If an approval for a water supply work is subject to a mandatory condition imposed by Part 10 or Part 11 of the Water Management (General) Regulation 2018 relating to the recording or reporting of water that is taken by the work, subclause (1) (a) to (e) cease to have effect in |
| relation to the work on the day on which the condition applies to the approval. | |
| Note. The Water Management (General) Regulation 2018 will impose a mandatory condition requiring record keeping on access licences and approvals in the water source from 1 December 2021. | |
| (3) | If an approval for a water supply work is subject to the mandatory metering equipment condition in relation to the work, subclause (1) (f) and (g) cease to have effect in relation to |
| the work on the day on which the condition applies to the approval. | |
| (4) | Subclause (1) is taken to be repealed on the day on which the temporary exemption from the mandatory metering equipment condition ceases to apply to the water source in accordance |
| with clause 230 (1) of the Water Management (General) Regulation 2018. | |
| Note. Clause 230 of the Water Management (General) Regulation 2018 provides that the | |
| mandatory metering equipment condition applies to new works required to have a meter from 1 April 2019, and to other access licences and approvals in the water source from 1 December 2021. |
[28] Clause 91 Water supply work approvals in the Peel Alluvium and Feel Fractured Rock Water Sources
Omit the clause. Insert instead:
Clause 91 Conditions to give effect to an authorisation under section 8 of the Water Supply (Critical Needs) Act 2019
The water supply work approval held by WaterNSW authorising the operation of Chaffey Dam must have a mandatory condition to give effect to the conditions of any authorisation under section 8 of the Water Supply (Critical Needs) Act 2019 in relation to the development
of the Chaffey Dam to Dungowan Village pipeline, that refer to the operation of the Dam or
the release of water from it.[29] Clause 93 Part 1
Omit the clause. Insert instead:
Clause 93 Part 1 Part 1 may be amended to add, modify or remove a river or segment of a river, to or from the water source providing that:
(a) any amendment is consistent with any applicable regulated river order, and (b) the Minister is satisfied that there will be no impact on the water available to the environment under Part 6 or on the available water to any access licence in the water
source.
[30] Clause 94 Part 9
Omit clauses 94 (2), (3) and (4).
[31] Clause 95 Part 10
Omit the clause.
[32] Clause 97 Part 12
Omit the clause.
[33] Clause 98 Schedules
Omit clauses 98 (1), (2), (3), (4), (6) and (7).
[34] Clause 99 Other
Omit the clause. Insert instead:
Clause 99 Other (1) This Plan may be amended to include new environmental rules in Part 6 which better align with the Namoi Long Term Water Plan, subject to there being no increased impact
on total average annual extractions permitted under the long-term average annualextraction limit applying at the commencement of this Plan.
(2) This Plan may be amended to provide for the carryover of water remaining in the ECA in
from one water year to the next in Part 6.
(3) This Plan may be amended to provide alternate rules to the two-step process for assessing
compliance with the long-term average annual extraction limit in Division 2 of Part 7. (4) An amendment authorised by this Plan is taken to include any consequential amendments
required to be made to this Plan to give effect to that particular amendment.
(5) Consequential amendments may be made to this Plan as a result of an amendment to the
Act or regulations.
[35] Schedule 1 Dictionary
Omit the Schedule. Insert instead:
Schedule 1 Dictionary Aboriginal person has the same meaning as under section 4 of the Aboriginal Land Rights
Act 1983.
Annual actual take has the same meaning as it has in section 6.10 of the Basin Plan.
Annual permitted take has the same meaning as it has in section 6.10 of the Basin Plan.Basin Plan means the Basin Plan 2012 made under section 44 (3) (b) (i) of the Water Act
2007 of the Commonwealth.
broad objectives define the desired long term outcomes of this Plan, and progress is evaluated
by considering the cumulative achievement of the associated targeted objectives.
Cap baseline conditions are as agreed under the Murray Darling Basin Agreement that was in place at the commencement of the Water Sharing Plan for the Peel Valley Regulated,
Unregulated, Alluvium and Fractured Rock Water Sources 2010.
ECA means the environmental contingency allowance referred to in clause 31.
floodplain harvesting means the collection, extraction or impoundment of water flowing
across floodplains, including rainfall runoff and overbank flow, excluding the take of water
pursuant to any of the following:
(a) a water access licence other than a floodplain harvesting access licence, (b) a basic landholder right, (c) an exemption from the need to hold an access licence to take water under the Act. flow regimes mean, collectively, the magnitudes, durations, frequency and patterns of flow
that characterise a river or water source.
Minister means the Minister administering the Act.ML means megalitres.
Murray-Darling Basin Agreement means the Murray-Darling Basin Agreement as set out in
Schedule 1 of the Water Act 2007 of the Commonwealth.natural flow means a flow that occurs in a watershed or waterbody under natural unregulated
conditions.NSW Environmental Water Manager means the NSW Government department or agency whose responsibility it is to manage licensed environmental water that is held by the NSW Government.
Note. As at 1 July 2020, this is the NSW Department of Planning, Industry and Environment –
Environment, Energy and Science (EES).
operator means the operator of the water supply system for the water source.
Note. As at 1 July 2019, this is WaterNSW.
plantation forestry means a commercial plantation as defined in section 1.07 of the Basin
Plan.
rainfall runoff means that portion of rainfall that runs off the land.supply capability means the rate at which the Minister determines water can be supplied to a
segment of the water source without incurring unacceptable transmission losses.target ecological populations are communities of one or more species that are monitored to evaluate the success of targeted objectives for the environment. Populations must be easily monitored (i.e. not rare or cryptic) and may be linked to conservation or other environmental
priorities.
the water source means the Peel Regulated River within the Namoi Water Management Area.
Transmission losses means the additional water required to ensure that a specified quantity of
water is delivered to a specified delivery point.
uncontrolled flow means flow in excess of that needed to meet the following:
(a) the environmental release rules in Part 6, including flows arising from ECA releases that are greater than the volumes specified in subclauses 57 (4) or (5),
(b) basic landholder rights, (c) water orders placed by access licences. water source as defined in clause 4.
water storage means a state owned dam, weir or other structure that is used to regulate and
manage river flows in the water source and the water body impounded by this structure.
weighted average unit price means the total value of all units sold divided by the number of
units sold for a monetary value.[36] Schedule 2 Access Licences in the Peel Unregulated River Water Sources with access to the Very Low Flow Class
Omit the Schedule.
[37] Schedule 3 Contamination sources in these water sources
Omit the Schedule.
[38] Schedule 4 High priority groundwater dependent ecosystems
Omit the Schedule.
[39] Schedule 6 Access licences exempt from cease to pump rules in the Peel Alluvium Water Source
Omit the Schedule.
[40] Schedule 7 Supplementary water and supplementary water (general security) access licence share components
Omit the Schedule.
[41] Appendix 1 Overview of the Registered Map
Omit the Appendix.
[42] Appendix 2 Inspection of Registered Map
Omit the Appendix.
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