Water Sharing Plan for the Richmond River Area Unregulated, Regulated and Alluvial Water Sources 2010 (NSW)

Case
No judgment structure available for this case.

Part 1IntroductionNote—

Part 13 allows for amendments to be made to Part 1.

1Name of this Plan

This Plan is the Water Sharing Plan for the Richmond River Area Unregulated, Regulated and Alluvial Water Sources 2010 (hereafter this Plan).

2Nature and status of this Plan(1)

This Plan is made under section 50 of the Water Management Act 2000 (hereafter the Act).

(2)

This Plan is a plan for water sharing and generally deals with the matters set out in sections 20 and 21 of the Act, as well as other sections of the Act.

Note—

Where a provision of this Plan is made under another section of the Act, the section is referred to in notes to this Plan.

3Commencement of this Plan

This Plan commences on 17 December 2010.

Notes—
  • 1

    In accordance with section 43 of the Act, this Plan will have effect for:

    • (a)

      10 years from the date of commencement—if the Plan commenced on 1 July, or

    • (b)

      10 years from 1 July next after the date of commencement—if the Plan commenced on a date other than 1 July.

  • 2

    The Minister may extend this Plan for a further period of 10 years after the Plan is due to expire, in accordance with section 43A of the Act.

4Application of this Plan(1)

This Plan applies to the following water sources (hereafter these water sources) within the Northern Rivers Water Management Area:

  • (a)

    Alstonville Area Water Source,

  • (b)

    Bangalow Area Water Source,

  • (c)

    Broadwater Area Water Source,

  • (d)

    Coraki Area Water Source,

  • (e)

    Double Duke Area Water Source,

  • (f)

    Doubtful Creek Water Source,

  • (g)

    Eden Creek Water Source,

  • (h)

    Evans River Water Source,

  • (i)

    Gradys Creek Water Source,

  • (j)

    Kyogle Area Water Source,

  • (k)

    Lennox Area Water Source,

  • (l)

    Leycester Creek Water Source,

  • (m)

    Myall Creek Water Source,

  • (n)

    Myrtle Creek Water Source,

  • (o)

    Sandy Creek Water Source,

  • (p)

    Shannon Brook Water Source,

  • (q)

    Terania Creek Water Source,

  • (r)

    Toonumbar Area Water Source,

  • (s)

    Tuckean Area Water Source,

  • (t)

    Upper Richmond River Water Source,

  • (u)

    Wyrallah Area Water Source,

  • (v)

    Richmond Regulated Water Source,

  • (w)

    Richmond Regulated Alluvial Water Source,

  • (x)

    Coopers Creek Water Source, and

  • (y)

    Coopers Creek Alluvial Groundwater Source.

Note—

The Northern Rivers Water Management Area was constituted by Ministerial order made under section 11 of the Water Management Act 2000 published in the NSW Government Gazette No 180 on 23 November 2001 at page 9389.

(2)

These water sources are shown on the Plan Map called Plan Map (WSP008_Version 2), Water Sharing Plan for the Richmond River Area Unregulated, Regulated and Alluvial Water Sources 2010 (hereafter the Plan Map) held by the Department.

Note—

The Plan Map is part of this Plan. An overview of the Plan Map is shown in Appendix 1. Copies of the Plan Map may be inspected at the offices listed in Appendix 2 and are available on the NSW legislation website.

(3)

Subject to subclause (5), these water sources, excluding the Richmond Regulated Water Source, the Richmond Regulated Alluvial Water Source, the Coopers Creek Water Source and the Coopers Creek Alluvial Groundwater Source, include all water:

  • (a)

    occurring naturally on the surface of the ground within the boundaries of these water sources, excluding the Richmond Regulated Water Source, the Richmond Regulated Alluvial Water Source, the Coopers Creek Water Source and the Coopers Creek Alluvial Groundwater Source, shown on the Plan Map,

  • (b)

    in rivers, lakes, estuaries and wetlands in within the boundaries of these water sources, excluding the Richmond Regulated Water Source, the Richmond Regulated Alluvial Water Source, the Coopers Creek Water Source and the Coopers Creek Alluvial Groundwater Source, shown on the Plan Map, and

  • (c)

    contained within all alluvial sediments below the surface of the ground within the boundaries of the these water sources excluding the Richmond Regulated Water Source, the Richmond Regulated Alluvial Water Source, the Coopers Creek Water Source and the Coopers Creek Alluvial Groundwater Source, shown on the Plan Map (hereafter these alluvial sediments).

(3A)

Subject to subclause (5), the Coopers Creek Water Source includes all water:

  • (a)

    occurring naturally on the surface of the ground within the boundaries of the Coopers Creek Water Source shown on the Plan Map, and

  • (b)

    in rivers, lakes, estuaries and wetlands within the boundaries of the Coopers Creek Water Source shown on the Plan Map.

(3B)

Subject to subclause (5), the Coopers Creek Alluvial Groundwater Source includes all water contained within all alluvial sediments below the surface of the ground within the boundaries of the Coopers Creek Water Source on the Plan Map.

Note

This Plan applies to the alluvial sediments below the surface of the ground within the Coopers Creek Water Source which were not included in the Water Sharing Plan for the Coopers Creek Water Source 2003.

(4)

Subject to subclause (5), the Richmond Regulated Water Source includes all water occurring between the banks of all rivers from Toonumbar Dam water storage, downstream to the junction of the Richmond River, which have been declared by the Minister to be a regulated river.

(4A)

Subject to subclause (5), the Richmond Regulated Alluvial Water Source includes all water contained within all alluvial sediments below the surface of the ground within the boundaries of the Richmond Regulated Alluvial Water Source on the Plan Map.

(5)

These water sources do not include water contained in:

  • (a)

    the coastal sands,

  • (b)

    any fractured rocks or porous rocks, and

  • (c)

    the area of land below the mangrove limit.

(6)

The provisions in this Plan that apply to the Coopers Creek Water Source replace the Water Sharing Plan for the Coopers Creek Water Source 2003.

5Management Zones(1)

For the purposes of this Plan, the following water sources are divided into the following management zones:

  • (a)

    Alstonville Area Water Source:

    • (i)

      Alstonville Management Zone, and

    • (ii)

      Alstonville Drains Management Zone.

  • (b)

    Kyogle Area Water Source:

    • (i)

      Upper Kyogle Management Zone, and

    • (ii)

      Lower Kyogle Management Zone.

  • (c)

    Tuckean Area Water Source:

    • (i)

      Tuckean Management Zone, and

    • (ii)

      Tuckean Drains Management Zone.

  • (d)

    Wyrallah Area Water Source:

    • (i)

      Wyrallah Non Tidal Management Zone, which does not include those sections of rivers downstream of the defined tidal limits, and

    • (ii)

      Wilsons River Tidal Pool Management Zone, which only includes those sections of rivers downstream of the defined tidal limits.

  • (e)

    The Coraki Area Water Source:

    • (i)

      Coraki Non Tidal Management Zone, which does not include those sections of rivers downstream of the defined tidal limits, and

    • (ii)

      Richmond River Tidal Pool Management Zone, which only includes those sections of rivers downstream of the defined tidal limits.

  • (f)

    The Richmond Regulated Water Source:

    • (i)

      Zone 1 from the high watermark of the Toonumbar Dam water storage, and downstream in Iron Pot Creek to the confluence with Eden Creek, and

    • (ii)

      Zone 2 from Eden Creek downstream of the confluence with Iron Pot Creek to the junction with the Richmond River.

  • (g)

    Coopers Creek Water Source:

    • (i)

      Upper Coopers Creek Management Zone,

    • (ii)

      Lower Coopers Creek Management Zone.

  • (h)

    Coopers Creek Alluvial Groundwater Source:

    • (i)

      Upper Coopers Creek Alluvial Management Zone,

    • (ii)

      Lower Coopers Creek Alluvial Management Zone.

(2)

The management zones in subclauses (1) (a) to (c), and (g) and (h) are shown on the Plan Map.

(3)

The defined tidal limits specified in subclauses (1) (d) and (e) are shown on the Plan Map.

6Extraction management units in these water sources(1)

This Plan applies to that part of the Richmond River Extraction Management Unit which includes the water sources specified in item (a) of Column 2 of Table A.

(2)

This Plan establishes the following extraction management units:

  • (a)

    Evans River Catchment Extraction Management Unit which applies to the water sources specified in item (b) of Column 2 of Table A, and

  • (b)

    Richmond Regulated Extraction Management Unit which applies to the water sources specified in item (c) of Column 2 of Table A.

(3)

The extraction management units specified in subclauses (1) and (2) (hereafter the EMUs) are shown on the Plan Map.

Note—

A long-term average annual extraction limit is established in Part 7 of this Plan for each extraction management unit. The long-term average annual extraction limit determines the maximum volume of water that may be extracted under access licences from all water sources within the extraction management unit on a long-term average annual basis.

Note—

The EMUs, and any water source to which the EMUs apply, may be amended as provided for in Part 13 of this Plan.

Table A—Extraction Management Units

Column 1—Extraction Management Unit

Column 2—Water Sources

(a)

Richmond River Extraction Management Unit

Alstonville Area Water Source

Bangalow Area Water Source

Broadwater Area Water Source

Coopers Creek Alluvial Groundwater Source

Coopers Creek Water Source

Coraki Area Water Source

Double Duke Area Water Source

Doubtful Creek Water Source

Eden Creek Water Source

Gradys Creek Water Source

Kyogle Area Water Source

Lennox Area Water Source

Leycester Creek Water Source

Myall Creek Water Source

Myrtle Creek Water Source

Sandy Creek Water Source

Shannon Brook Water Source

Terania Creek Water Source

Toonumbar Area Water Source

Tuckean Area Water Source

Upper Richmond River Water Source

Wyrallah Area Water Source

Richmond Regulated Alluvial Water Source

(b)

Evans River Catchment Extraction Management Unit

Evans River Water Source

(c)

Richmond Regulated Extraction Management Unit

Richmond Regulated Water Source

Note—

The Richmond River Extraction Management Unit was established under the Water Sharing Plan for the Coopers Creek Water Source 2003.

7Understanding the rules in this Plan

This Plan contains various rules. Where appropriate, rules specified in this Plan are given effect by mandatory conditions for access licences and approvals contained in Part 12 of this Plan.

Note—

The rules in this Plan include environmental water rules, system operation rules, access licence dealing rules, rules for granting and managing access licences, rules for water supply work approvals, rules for the making of available water determinations, water allocation account rules and daily access rules.

8Interpretation(1)

Words and expressions that are defined in the Dictionary in Schedule 1 of this Plan have the meaning set out in that Schedule.

(2)

Unless otherwise defined in this Plan, words and expressions that are defined in the Act or in the Water Management (General) Regulation 2004 (hereafter the Regulation) have the same meaning in this Plan.

(3)

Schedules to this Plan form part of this Plan.

(4)

Notes in the text of this Plan do not form part of this Plan.

(5)

Appendices to this Plan do not form part of this Plan.

(6)

Unless otherwise specified in this Plan, a clause that applies to a category of access licence also applies to any subcategories of that category of access licence.

Part 2Vision, objectives, strategies and performance indicatorsNote—

This Part is made in accordance with section 35 (1) of the Act.

9Vision statement

The vision of this Plan is to provide for healthy and enhanced water sources and water dependent ecosystems and equitable water sharing among users in the Richmond River Area Unregulated, Regulated and Alluvial Water Sources.

9AAcknowledgement

Respect is paid to the traditional owners of this country, who are acknowledged as the first natural resource managers within these water sources.

10Objectives

The objectives of this Plan are to:

  • (a)

    protect, preserve, maintain and enhance the important river flow dependent and high priority groundwater dependent ecosystems of these water sources,

  • (b)

    protect, preserve, maintain and enhance the Aboriginal, cultural and heritage values of these water sources,

  • (c)

    protect basic landholder rights,

  • (d)

    manage these water sources to ensure equitable sharing between users,

  • (e)

    provide opportunities for market based trading of access licences and water allocations within sustainability and system constraints,

  • (f)

    provide water allocation account management rules which allow sufficient flexibility to encourage responsible use of available water,

  • (g)

    contribute to the maintenance of water quality,

  • (h)

    provide recognition of the connectivity between surface water and groundwater,

  • (i)

    adaptively manage these water sources, and

  • (j)

    contribute to the environmental and other public benefit outcomes identified under the Water Access Entitlements and Planning Framework in the Intergovernmental Agreement on a National Water Initiative (2004) (NWI).

Note—

Under the NWI, water that is provided by NSW to meet agreed environmental and other public benefit outcomes as defined within relevant water plans is to:

  • (i)

    be given statutory recognition and have at least the same degree of security as water access entitlements for consumptive use and be fully accounted for,

  • (ii)

    be defined as the water management arrangements required to meet the outcomes sought, including water provided on a rules basis or held as a water access entitlement, and

  • (iii)

    if held as a water access entitlement, may be made available to be traded (where physically possible) on the temporary market, when not required to meet the environmental and other public benefit outcomes sought and provided such trading is not in conflict with these outcomes.

11Strategies

The strategies of this Plan are to:

  • (a)

    establish environmental water rules,

  • (b)

    identify water requirements for basic landholder rights,

  • (c)

    identify water requirements for access licences,

  • (d)

    establish rules for granting of access licences and approvals,

  • (e)

    establish rules that place limits on the availability of water for extraction,

  • (f)

    establish rules for making available water determinations,

  • (g)

    establish rules for the operation of water accounts,

  • (h)

    establish rules which specify the circumstances under which water may be taken,

  • (i)

    establish access licence dealing rules,

  • (j)

    establish performance indicators, and

  • (k)

    identify triggers for and limits to changes to the rules in this Plan.

12Performance indicators

The following indicators are to be used to measure the success of the strategies to reach the objectives of the Plan:

  • (a)

    change in low flow regime,

  • (b)

    change in moderate to high flow regime,

  • (c)

    change in groundwater extraction relative to the long-term average annual extraction limit,

  • (d)

    change in local water utility access,

  • (e)

    change in, or maintenance of, ecological value of key water sources and their dependent ecosystems,

  • (f)

    the extent to which basic landholder rights requirements have been met,

  • (g)

    the extent to which local water utility requirements have been met,

  • (h)

    the extent to which native title rights requirements have been met,

  • (i)

    the change in economic benefits derived from water extraction and use, and

  • (j)

    the extent of recognition of spiritual, social and customary values of water to Aboriginal people.

Part 3Bulk access regime13Bulk access regime(1)

This Plan establishes a bulk access regime for the extraction of water under access licences in these water sources, having regard to:

  • (a)

    the environmental water rules established in Part 4 of this Plan,

  • (b)

    the requirements for water for basic landholder rights identified in Division 2 of Part 5 of this Plan,

  • (c)

    the requirements for water for extraction under access licences identified in Division 3 of Part 5 of this Plan, and

  • (d)

    the access licence dealing rules established in Part 11 of this Plan.

(2)

The bulk access regime established in this Plan for these water sources:

  • (a)

    recognises and is consistent with the limits to the availability of water set in relation to these water sources contained in Division 1 of Part 7 of this Plan,

  • (b)

    establishes rules according to which access licences are to be granted and managed contained in Parts 8 and 9 of this Plan, and available water determinations to be made contained in Division 2 of Part 7 of this Plan,

  • (c)

    recognises the effect of climatic variability on the availability of water as described in clause 14,

  • (d)

    establishes rules with respect to the priorities according to which water allocations are to be adjusted as a consequence of any reductions in the availability of water due to an increase in average annual extraction against the long-term average annual extraction limit, contained in Division 1 of Part 7 of this Plan,

  • (e)

    contains provisions with respect to the conditions that must be imposed as mandatory conditions on access licences, contained in Division 2 of Part 12 of this Plan, and

  • (f)

    recognises and is consistent with the water management principles contained in section 5 of the Act.

14Climatic variability

This Plan recognises the effects of climatic variability on river flow and groundwater levels in these water sources by having provisions that:

  • (a)

    manage the sharing of water in these water sources within the limits of water availability on a long-term average annual basis and the priorities according to which water allocations are to be adjusted as a consequence of any reductions in the availability of water due to an increase in average annual extraction against the long-term average annual extraction limit, contained in Division 1 of Part 7 of this Plan, and

  • (b)

    manage the sharing of water in specified water sources on a daily basis in these water sources, contained in Divisions 2 and 3 of Part 9 of this Plan.

Note—

Other statutory tools are available to manage climatic variability within a water source, for example, temporary water restrictions under section 324 of the Act.

Part 4Planned environmental water provisionsNote—

This Part is made in accordance with sections 8, 8A, and 20 of the Act.

15General

This Part contains environmental water rules for the commitment, identification, establishment and maintenance of planned environmental water in these water sources.

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 cannot to the extent committed be taken or used for any other purpose.

16Commitment and identification of planned environmental water(1)

Planned environmental water is committed and identified in these water sources as set out in this clause.

(2)

Water is committed and identified as planned environmental water in these water sources in the following ways:

  • (a)

    by reference to the commitment of the physical presence of water in the water source,

  • (b)

    by reference to the water that is not committed after the commitments to basic landholder rights, and for sharing and extraction under any other rights, have been met,

  • (c)

    by reference to the long-term average annual commitment of water as planned environmental water.

17Establishment and maintenance of planned environmental water(1)

Planned environmental water is established and maintained in these water sources as set out in this clause.

(2)

Planned environmental water in these water sources is:

  • (a)

    the physical presence of water:

    • (i)

      in the Richmond Regulated Water Source that results from the environmental release rules from Toonumbar Dam as specified in clause 31 and the limitations on access to uncontrolled flows for regulated river (general security) access licences as specified in clause 57,

    • (ii)

      in water sources, excluding the Richmond Regulated Water Source, that results from the access rules specified in Division 3 of Part 9 of this Plan,

    Notes—
    • 1

      The rules in clause 31 set water aside in Toonumbar Dam for the purpose of making releases later in the water year for environmental purposes. The rules in clause 57 (4) protect 50% of uncontrolled flow event volumes for the environment.

    • 2

      The rules in Division 3 of Part 9 of this Plan set flow rates or flow levels below which the taking of water is not permitted. Some limited exemptions apply.

  • (b)

    the water remaining after water has been taken pursuant to basic landholder rights and access licences in accordance with the rules specified in Parts 7 and 9,

  • (c)

    the long-term average annual commitment of water as planned environmental water in these water sources that results from the application of the long-term average annual extraction limit and compliance rules as specified in Division 1 of Part 7 of this Plan and the available water determination rules as specified in Division 2 of Part 7 of this Plan.

(3)

The planned environmental water established under subclause (2) (a) is maintained in:

  • (a)

    the Richmond Regulated Water Source by the environmental release rules from Toonumbar Dam as specified in clause 31 and the limitations on access to uncontrolled flows for regulated river (general security) access licences as specified in clause 57,

  • (b)

    these water sources excluding the Richmond Regulated Water Source, by the rules specified in Division 3 of Part 9 of this Plan.

(4)

The planned environmental water established under subclause (2) (b) is maintained by the rules specified in Division 1 of Part 7, Division 2 of Part 9 and Division 3 of Part 9 of this Plan.

(5)

The planned environmental water established under subclause (2) (c) is maintained in these water sources by the application of the long-term average annual extraction limit and compliance rules as specified in Division 1 of Part 7 of this Plan and the available water determinations as specified in Division 2 of Part 7 of this Plan.

Note—

The rules in Division 1 of Part 7 ensure that there will be water remaining in these water sources over the long-term by maintaining compliance with the long-term average annual extraction limit. The rules in Division 1 of Part 7 provide for the reduction in available water determinations when the long-term average annual extraction limit has been exceeded in any water year.

18

(Repealed)

Part 5Requirements for waterDivision 1General19Application(1)

This Part identifies the requirements for water from these water sources for basic landholder rights (Division 2) and for extraction under access licences (Division 3).

(2)

The amounts of water specified in this Part represent the estimated water requirements of persons entitled to basic landholder rights in these water sources, and the total volumes or unit shares to be specified in the share components of all access licences in these water sources. The actual volumes of water available for extraction in these water sources at any time will depend on factors such as climatic variability, access licence priority and the rules in this Plan.

(3)

This Plan recognises that basic landholder rights in these water sources and the total share components of all access licences authorised to extract water from these water sources may change during the term of this Plan. This Plan manages such changes by having provisions that share water within the limits of water availability, as provided for in Division 1 of Part 7 of this Plan.

Note—

The total share components of access licences in these water sources may change during the terms of this Plan as a result of:

  • (a)

    the granting, surrender or cancellation of access licences in these water sources,

  • (b)

    the variation of local water utility licences under section 66 of the Act, or

  • (c)

    changes due to the volumetric conversion of Water Act 1912 entitlements that are currently non-volumetric.

Division 2Requirements for water for basic landholder rights20Domestic and stock rights

The water requirements of persons entitled to domestic and stock rights in these water sources are estimated to total 30.1 megalitres per day (hereafter ML/day), distributed as follows:

  • (a)

    0.9 ML/day in the Alstonville Area Water Source,

  • (b)

    1.5 ML/day in the Bangalow Area Water Source,

  • (c)

    0.5 ML/day in the Broadwater Area Water Source,

  • (d)

    2 ML/day in the Coraki Area Water Source,

  • (e)

    0.8 ML/day in the Double Duke Area Water Source,

  • (f)

    1.2 ML/day in the Doubtful Creek Water Source,

  • (g)

    0.8 ML/day in the Eden Creek Water Source,

  • (h)

    0.3 ML/day in the Evans River Water Source,

  • (i)

    1 ML/day in the Gradys Creek Water Source,

  • (j)

    3.2 ML/day in the Kyogle Area Water Source,

  • (k)

    0.4 ML/day in the Lennox Area Water Source,

  • (l)

    2 ML/day in the Leycester Creek Water Source,

  • (m)

    0.5 ML/day in the Myall Creek Water Source,

  • (n)

    1.7 ML/day in the Myrtle Creek Water Source,

  • (o)

    1 ML/day in the Sandy Creek Water Source,

  • (p)

    3.2 ML/day in the Shannon Brook Water Source,

  • (q)

    2.1 ML/day in the Terania Creek Water Source,

  • (r)

    0.4 ML/day in the Toonumbar Area Water Source,

  • (s)

    0.9 ML/day in the Tuckean Area Water Source,

  • (t)

    1.3 ML/day in the Upper Richmond River Water Source,

  • (u)

    2.3 ML/day in the Wyrallah Area Water Source,

  • (v)

    1.1 ML/day in the Richmond Regulated Water Source,

  • (w)

    0.2 ML/day in the Richmond Regulated Alluvial Water Source,

  • (x)

    0.7 ML/day in the Coopers Creek Water Source, and

  • (y)

    Less than 0.1 ML/day in the Coopers Creek Alluvial Groundwater Source.

Notes—
  • 1

    Domestic and stock rights are set out in Part 1 of Chapter 3 of the Act and must be exercised in accordance with any mandatory guidelines established under the Act with respect to the taking and use of water for domestic consumption or stock watering.

  • 2

    Inherent water quality and land use activities may make the water in some areas unsuitable for human consumption. Water from these water sources should not be consumed without first being tested and, if necessary, appropriately treated. Such testing and treatment is the responsibility of the water user.

  • 3

    The water requirements of persons entitled to domestic and stock rights in the Coopers Creek Alluvial Groundwater Source are estimated to be 2 ML/year. This equals 0.005 ML/day, which has been rounded up to less than 0.1 ML/day in clause 20 (y).

21Native title rights

The requirement for water for native title rights is the water native title holders are entitled to take pursuant to their native title rights under section 55 of the Act.

Note—

A change in native title rights may occur pursuant to the provisions of the Native Title Act 1993 (Cth).

22Harvestable rights

The requirement for water under harvestable rights in these water sources is the total amount of water that owners or occupiers of landholdings are entitled to capture and store in these water sources, pursuant to a harvestable rights order made under Part 1 of Chapter 3 of the Act.

Division 3Requirements for water for extraction under access licences23Share components of domestic and stock access licences

It is estimated that the share components of domestic and stock access licences authorised to take water from these water sources will total 926 ML/year, distributed as follows:

  • (a)

    178 ML/year in the Alstonville Area Water Source,

  • (b)

    104 ML/year in the Bangalow Area Water Source,

  • (c)

    0 ML/year in the Broadwater Area Water Source,

  • (d)

    31 ML/year in the Coraki Area Water Source,

  • (e)

    1 ML/year in the Double Duke Area Water Source,

  • (f)

    3 ML/year in the Doubtful Creek Water Source,

  • (g)

    7 ML/year in the Eden Creek Water Source,

  • (h)

    1 ML/year in the Evans River Water Source,

  • (i)

    10 ML/year in the Gradys Creek Water Source,

  • (j)

    67 ML/year in the Kyogle Area Water Source,

  • (k)

    0 ML/year in the Lennox Area Water Source,

  • (l)

    101 ML/year in the Leycester Creek Water Source,

  • (m)

    0 ML/year in the Myall Creek Water Source,

  • (n)

    7 ML/year in the Myrtle Creek Water Source,

  • (o)

    0 ML/year in the Sandy Creek Water Source,

  • (p)

    11 ML/year in the Shannon Brook Water Source,

  • (q)

    251 ML/year in the Terania Creek Water Source,

  • (r)

    0 ML/year in the Toonumbar Area Water Source,

  • (s)

    68 ML/year in the Tuckean Area Water Source,

  • (t)

    15 ML/year in the Upper Richmond River Water Source,

  • (u)

    8 ML/year in the Wyrallah Area Water Source,

  • (v)

    8 ML/year in the Richmond Regulated Water Source,

  • (w)

    0 ML/year in the Richmond Regulated Alluvial Water Source,

  • (x)

    55 ML/year in the Coopers Creek Water Source, and

  • (y)

    0 ML/year in the Coopers Creek Alluvial Groundwater Source.

24Share components of local water utility access licences

It is estimated that the share components of local water utility access licences authorised to take water from these water sources will total 25,457 ML/year, distributed as follows:

  • (a)

    2,620 ML/year in the Alstonville Area Water Source,

  • (b)

    545 ML/year in the Bangalow Area Water Source,

  • (c)

    0 ML/year in the Broadwater Area Water Source,

  • (d)

    0 ML/year in the Coraki Area Water Source,

  • (e)

    0 ML/year in the Double Duke Area Water Source,

  • (f)

    0 ML/year in the Doubtful Creek Water Source,

  • (g)

    0 ML/year in the Eden Creek Water Source,

  • (h)

    0 ML/year in the Evans River Water Source,

  • (i)

    0 ML/year in the Gradys Creek Water Source,

  • (j)

    3,991 ML/year in the Kyogle Area Water Source,

  • (k)

    0 ML/year in the Lennox Area Water Source,

  • (l)

    0 ML/year in the Leycester Creek Water Source,

  • (m)

    0 ML/year in the Myall Creek Water Source,

  • (n)

    0 ML/year in the Myrtle Creek Water Source,

  • (o)

    0 ML/year in the Sandy Creek Water Source,

  • (p)

    0 ML/year in the Shannon Brook Water Source,

  • (q)

    12,481 ML/year in the Terania Creek Water Source,

  • (r)

    0 ML/year in the Toonumbar Area Water Source,

  • (s)

    420 ML/year in the Tuckean Area Water Source,

  • (t)

    0 ML/year in the Upper Richmond River Water Source,

  • (u)

    5,400 ML/year in the Wyrallah Area Water Source,

  • (v)

    0 ML/year in the Richmond Regulated Water Source,

  • (w)

    0 ML/year in the Richmond Regulated Alluvial Water Source,

  • (x)

    0 ML/year in the Coopers Creek Water Source, and

  • (y)

    0 ML/year in the Coopers Creek Alluvial Groundwater Source.

25Share components of unregulated river access licences

It is estimated that the share components of unregulated river access licences authorised to take water from these water sources will total 61,076 unit shares, distributed as follows:

  • (a)

    5,020 unit shares in the Alstonville Area Water Source,

  • (b)

    5,470 unit shares in the Bangalow Area Water Source,

  • (c)

    363 unit shares in the Broadwater Area Water Source,

  • (d)

    10,078 unit shares in the Coraki Area Water Source,

  • (e)

    11 unit shares in the Double Duke Area Water Source,

  • (f)

    186 unit shares in the Doubtful Creek Water Source,

  • (g)

    524 unit shares in the Eden Creek Water Source,

  • (h)

    0 unit shares in the Evans River Water Source,

  • (i)

    2,276 unit shares in the Gradys Creek Water Source,

  • (j)

    9,394 unit shares in the Kyogle Area Water Source,

  • (k)

    162 unit shares in the Lennox Area Water Source,

  • (l)

    1,194 unit shares in the Leycester Creek Water Source,

  • (m)

    0 unit shares in the Myall Creek Water Source,

  • (n)

    1,867 unit shares in the Myrtle Creek Water Source,

  • (o)

    386 unit shares in the Sandy Creek Water Source,

  • (p)

    484 unit shares in the Shannon Brook Water Source,

  • (q)

    2,716 unit shares in the Terania Creek Water Source,

  • (r)

    0 unit shares in the Toonumbar Area Water Source,

  • (s)

    4,997 unit shares in the Tuckean Area Water Source,

  • (t)

    3,199 unit shares in the Upper Richmond River Water Source,

  • (u)

    6,780 unit shares in the Wyrallah Area Water Source,

  • (v)

    0 unit shares in the Richmond Regulated Alluvial Water Source, and

  • (w)

    5,969 unit shares in the Coopers Creek Water Source.

26Share components of aquifer access licences

It is estimated that the share components of aquifer access licences authorised to take water from these water sources will total 4,146 unit shares, distributed as follows:

  • (a)

    0 unit shares in the Alstonville Area Water Source,

  • (b)

    18 unit shares in the Bangalow Area Water Source,

  • (c)

    0 unit shares in the Broadwater Area Water Source,

  • (d)

    2,733 unit shares in the Coraki Area Water Source,

  • (e)

    69 unit shares in the Double Duke Area Water Source,

  • (f)

    0 unit shares in the Doubtful Creek Water Source,

  • (g)

    0 unit shares in the Eden Creek Water Source,

  • (h)

    0 unit shares in the Evans River Water Source,

  • (i)

    11 unit shares in the Gradys Creek Water Source,

  • (j)

    276 unit shares in the Kyogle Area Water Source,

  • (k)

    2 unit shares in the Lennox Area Water Source,

  • (l)

    65 unit shares in the Leycester Creek Water Source,

  • (m)

    0 unit shares in the Myall Creek Water Source,

  • (n)

    6 unit shares in the Myrtle Creek Water Source,

  • (o)

    23 unit shares in the Sandy Creek Water Source,

  • (p)

    153 unit shares in the Shannon Brook Water Source,

  • (q)

    32 unit shares in the Terania Creek Water Source,

  • (r)

    0 unit shares in the Toonumbar Area Water Source,

  • (s)

    0 unit shares in the Tuckean Area Water Source,

  • (t)

    257 unit shares in the Upper Richmond River Water Source,

  • (u)

    491 unit shares in the Wyrallah Area Water Source,

  • (v)

    0 unit shares in the Richmond Regulated Water Source,

  • (w)

    10 unit shares in the Richmond Regulated Alluvial Water Source, and

  • (x)

    0 unit shares in the Coopers Creek Alluvial Groundwater Source.

27Share components of unregulated river (high flow) access licences

It is estimated that the share components of unregulated river (high flow) access licences authorised to take water from these water sources will total 0 unit shares, distributed as follows:

  • (a)

    0 unit shares in the Bangalow Area Water Source,

  • (b)

    0 unit shares in the Eden Creek Water Source,

  • (c)

    0 unit shares in the Gradys Creek Water Source,

  • (d)

    0 unit shares in the Kyogle Area Water Source,

  • (e)

    0 unit shares in the Leycester Creek Water Source,

  • (f)

    0 unit shares in the Myrtle Creek Water Source,

  • (g)

    0 unit shares in the Shannon Brook Water Source,

  • (h)

    0 unit shares in the Terania Creek Water Source, and

  • (i)

    0 unit shares in the Upper Richmond River Water Source.

Note—

The water sources listed above are the only water sources within the Plan area which have been identified as suitable for unregulated river (high flow) access licences. This Plan allows for a specified amount of unregulated river access licences to be converted to the unregulated river (high flow) access licences. However, at the commencement of this Plan, there are no existing access licences of this category, hence the 0 unit shares indicated.

28Share components of regulated river (high security) access licences

It is estimated that the share components of regulated river (high security) access licences authorised to take water from the Richmond Regulated Water Source will total 127 unit shares.

29Share components of regulated river (general security) access licences

It is estimated that the share components of regulated river (general security) licences authorised to take water from the Richmond Regulated Water Source will total 10,203 unit shares.

Part 6System operation rules30General

The rules in this Part apply to the Richmond Regulated Water Source.

31Environmental release rules for Toonumbar Dam(1)

From the first year in which this Plan has effect until the end of the fifth water year, an environmental contingency allowance (hereafter ECA) is to be set aside in Toonumbar Dam water storage and managed in accordance with the following rules:

  • (a)

    an account of the water credited to and debited from the ECA is to be kept,

  • (b)

    whenever an available water determination for regulated river (high security) access licences is made, the ECA account shall be credited with a volume that is equal to the lesser of:

    • (i)

      1000 megalitres multiplied by the number of megalitres per unit share specified in that available water determination, or

    • (ii)

      1000 megalitres minus the volume currently in the account,

  • (c)

    water in the ECA account shall be released for, but is not limited to, any of the following purposes:

    • (i)

      to assist in the management of critical environmental events, such as algal blooms and chemical spills, and

    • (ii)

      to maintain aquatic ecosystem health,

  • (d)

    the ECA account shall be debited with a volume of water equal to the amount released from Toonumbar Dam under paragraph (c),

  • (e)

    any unused water remaining in the ECA account at the end of the water year cannot be carried over to the following water year,

  • (f)

    an ECA Release Program shall be prepared for each water year and shall establish guidelines for the release of water from the ECA account for the purposes listed in paragraph (c),

  • (g)

    the guidelines established in each ECA Release Program should be aimed at maximising the environmental benefit of the available ECA volume,

  • (h)

    an ECA Operations Advisory Committee should be established for the purpose of providing advice regarding:

    • (i)

      the annual ECA Release Program under paragraph (f),

    • (ii)

      the making of releases during the course of a water year, and

    • (iii)

      the development of a long-term river and wetland health plan,

  • (i)

    the ECA Operations Advisory Committee should consist of:

    • (i)

      a member from the Department or its subsequent organisation,

    • (ii)

      a member from the Department of Environment, Climate Change and Water or its subsequent organisation,

    • (iii)

      a member from Industry and Investment NSW or its subsequent organisation,

    • (iv)

      a member from State Water or its subsequent organisation,

    • (v)

      a member representing the interests of licence holders in the Richmond Regulated Water Source, and

    • (vi)

      a member representing the interest of landholders in the Richmond Regulated Water Source,

  • (j)

    the ECA Operations Advisory Committee should be chaired by the Department of Environment, Climate Change and Water representative, and

  • (k)

    until such time as the ECA Release Program has been developed, releases of water from the ECA account shall be made for the purposes listed in paragraph (c) and should be aimed at maximising the environmental benefit of the available ECA volume.

(2)

The Toonumbar Dam water storage and the Richmond Regulated Water Source shall be managed to maintain a visible flow immediately downstream of the last water supply work nominated by an access licence in the Richmond Regulated Water Source.

(3)

Water is to be released from Toonumbar Dam when required to achieve subclause (2).

(4)

Sufficient volumes of water are to be held in Toonumbar Dam water storage to ensure the releases made under subclause (3) can be made through a repeat of the worst period of low inflows into this water source (based on historical flow information held by the Department when this Plan commenced).

Note—

Part 13 allows for amendments to be made to clause 31.

32Water delivery and channel capacity constraints

Where necessary for determining numerical extraction components, managing water releases or providing water under access licences, the maximum water delivery or operating channel capacity in this water source, or in any section of this water source, shall be determined and specified in accordance with procedures established by the Minister, taking into account:

  • (a)

    inundation of private land or interference with access,

  • (b)

    the effects of inundation on the floodplain and associated wetlands,

  • (c)

    the transmission losses expected to occur, and

  • (d)

    capacities of water management structures controlled by the Minister.

Note—

There are no defined channel constraints at the commencement of this Plan.

33Rates of change to storage releases

Rules regarding rates of change to releases from water storages should be specified in accordance with any procedures established by the Minister and should take into account:

  • (a)

    relevant environmental considerations,

  • (b)

    damage to river banks, and

  • (c)

    public safety.

34Supply of orders when remaining allocations are low(1)

If, in the opinion of the Minister, the total remaining volume of water in access licence allocation accounts has reduced to a level where the continuous delivery of water orders would involve unacceptably high delivery losses, and water ordering has been imposed on access licence holders, water orders may be grouped and released periodically.

(2)

The Minister should consult with irrigation industry representatives regarding the circumstances under which action under subclause (1) should be taken and the manner of management.

Note—

During the course of an extended drought, the implementation of the above provisions may result in short term ordering delays.

35Dam operation during floods and spills(1)

The operation of Toonumbar Dam during times of flood and spilling of water is to be undertaken in a manner that maintains the safety of dam infrastructure.

(2)

Providing it is consistent with subclause (1), operation:

  • (a)

    should leave the storage at full supply level at the completion of the flood or spilling of water, and

  • (b)

    should aim to lessen the downstream flood damage where possible.

36Supply for domestic and stock and native title rights(1)

The Toonumbar Dam water storage and the Richmond Regulated Water Source shall be managed so that it would be capable of maintaining supply of water to those exercising domestic and stock rights and native title rights in the water source through a repeat of the worst period of low inflows to the Richmond Regulated River Water Source, as represented by flow information held by the Department.

(1A)

However, the flow information that may be relied on under subclause (1) to determine the worst period of low inflows in connection with the exercise of domestic and stock rights is limited to historical flow information held by the Department when this Plan commenced.

(2)

To achieve subclause (1), sufficient volumes of water must be set aside from assured inflows into the Richmond Regulated Water Source and in reserves held in Toonumbar Dam.

Part 7Limits to the availability of waterDivision 1Long-term average annual extraction limit37General

The availability of water for extraction in these water sources on a long-term basis is to be managed in accordance with this Part.

38Volume of the long-term average annual extraction limits(1)

This clause establishes long-term average annual extraction limits by reference to the EMUs specified in clause 6.

(2)

The long-term average annual extraction limit for the Evans River Catchment Extraction Management Unit is the sum of:

  • (a)

    the share components of all access licences in the Evans River Catchment Extraction Management Unit at the commencement of this Plan, plus

  • (b)

    the annual water requirements pursuant to domestic and stock rights and native title rights in the Evans River Water Source at the commencement of this Plan, plus

  • (c)

    the share components of access licences granted under the Regulation and clause 50 of this Plan, plus

  • (d)

    any additional local water utility access licence share component issued under section 66 of the Act.

(3)

Subject to any variation under subclause (6), the long-term average annual extraction limit for the Richmond River Extraction Management Unit is the sum of:

  • (a)

    the share components of all access licences in the:

    • (i)

      Alstonville Area Water Source,

    • (ii)

      Bangalow Area Water Source,

    • (iii)

      Broadwater Area Water Source,

    • (iv)

      Coraki Area Water Source,

    • (v)

      Double Duke Area Water Source,

    • (vi)

      Doubtful Creek Water Source,

    • (vii)

      Eden Creek Water Source,

    • (viii)

      Gradys Creek Water Source,

    • (ix)

      Kyogle Area Water Source,

    • (x)

      Lennox Area Water Source,

    • (xi)

      Leycester Creek Water Source,

    • (xii)

      Myall Creek Water Source,

    • (xiii)

      Myrtle Creek Water Source,

    • (xiv)

      Sandy Creek Water Source,

    • (xv)

      Shannon Brook Water Source,

    • (xvi)

      Terania Creek Water Source,

    • (xvii)

      Toonumbar Area Water Source,

    • (xviii)

      Tuckean Area Water Source,

    • (xix)

      Upper Richmond River Water Source,

    • (xx)

      Wyrallah Area Water Source,

    • (xxi)

      Richmond Regulated Alluvial Water Source,

    • (xxii)

      Coopers Creek Water Source, and

    • (xxiii)

      Coopers Creek Alluvial Groundwater Source, plus

  • (b)

    the annual water requirements pursuant to domestic and stock rights and native title rights in the:

    • (i)

      Alstonville Area Water Source,

    • (ii)

      Bangalow Area Water Source,

    • (iii)

      Broadwater Area Water Source,

    • (iv)

      Coraki Area Water Source,

    • (v)

      Double Duke Area Water Source,

    • (vi)

      Doubtful Creek Water Source,

    • (vii)

      Eden Creek Water Source,

    • (viii)

      Gradys Creek Water Source,

    • (ix)

      Kyogle Area Water Source,

    • (x)

      Lennox Area Water Source,

    • (xi)

      Leycester Creek Water Source,

    • (xii)

      Myall Creek Water Source,

    • (xiii)

      Myrtle Creek Water Source,

    • (xiv)

      Sandy Creek Water Source,

    • (xv)

      Shannon Brook Water Source,

    • (xvi)

      Terania Creek Water Source,

    • (xvii)

      Toonumbar Area Water Source,

    • (xviii)

      Tuckean Area Water Source,

    • (xix)

      Upper Richmond River Water Source,

    • (xx)

      Wyrallah Area Water Source,

    • (xxi)

      Richmond Regulated Alluvial Water Source,

    • (xii)

      Coopers Creek Water Source, and

    • (xiii)

      Coopers Creek Alluvial Groundwater Source.

  • (c)

    the share components of access licences in the Coopers Creek Water Source at the commencement of the Water Sharing Plan for the Coopers Creek Water Source 2003, plus

  • (d)

    an estimate of annual water requirements pursuant to basic landholder rights (excluding those exercised via a water bore) in the Coopers Creek Water Source in the Water Sharing Plan for the Coopers Creek Water Source 2003, plus

  • (e)

    the share components of access licences granted under the Regulation, clause 50 of this Plan, clause 32 of the Water Sharing Plan for the Coopers Creek Water Source 2003 and section 61 (1) (c) of the Act, plus

  • (f)

    any additional local water utility access licence share component issued under section 66 of the Act.

(4)

The long-term average annual extraction limit for the Richmond Regulated Extraction Management Unit is the sum of:

  • (a)

    the share components of all access licences in the Richmond Regulated Extraction Management Unit at the commencement of this Plan, plus

  • (b)

    the annual water requirements pursuant to domestic and stock rights and native title rights in the Richmond Regulated Extraction Management Unit at the commencement of this Plan.

(5)

(Repealed)

(6)

The long-term average annual extraction limit for the Richmond River Extraction Management Unit may be varied upon the conversion of access licences from an unregulated river access licence to an unregulated river (high flow) access licence.

(7)

Any variation made under subclause (6) will result in the long-term average annual extraction limit being reduced by the amount of the cancelled share component of the unregulated river access licence and increased by the amount of the share component of the granted unregulated river (high flow) access licence.

39Calculation of current levels of annual extraction(1)

After each water year, the total volume of water extracted during that water year under access licences and pursuant to domestic and stock rights and native title rights shall be calculated for each extraction management unit specified in clause 6.

(2)

For the purposes of calculating the total volume of water extracted during a water year, the following shall be taken into account:

  • (a)

    all water taken by holders of all categories of access licences in the water source, and

  • (b)

    all water taken pursuant to domestic and stock rights and native title rights.

40Assessment of average annual extraction against the long-term average annual extraction limit(1)

An assessment of average annual extractions against the long-term average annual extraction limit is to be conducted for each extraction management unit.

(2)

For the Evans River Catchment Extraction Management Unit and the Richmond River Extraction Management Unit, commencing in the fourth water year in which this Plan has effect, the assessments referred to in subclause (1) shall compare the long-term average annual extraction limit established in clause 38 against the annual extraction averaged over the preceding three water years in the respective extraction management unit.

(3)

For the Richmond Regulated Extraction Management Unit, commencing in the second water year in which this Plan has effect, the assessment referred to in subclause (1) shall compare the long-term average annual extraction limit established in clause 38 against the annual extraction in the preceding water year.

41Compliance with the long-term average annual extraction limits(1)

Compliance with the long-term average annual extraction limits established for each extraction management unit specified in clause 6 of this Plan, is to be managed in accordance with this clause.

(2)

Commencing in the fourth water year in which this Plan has effect, if in the Minister’s opinion the assessment under clause 40 (2) demonstrates that annual extractions in the Evans River Catchment Extraction Management Unit or the Richmond River Extraction Management Unit, averaged over the preceding three water years, has exceeded the long-term average annual extraction limit for the respective extraction management unit by 5% or more, then the available water determinations for unregulated river access licences, unregulated river (high flow) access licences and aquifer access licences in that extraction management unit are to be reduced in the following water year in accordance with subclause (4).

(3)

Commencing in the second water year in which this Plan has effect, if in the Minister’s opinion the assessment under clause 40 (3) demonstrates that annual extractions in the Richmond Regulated Extraction Management Unit, have exceeded the long-term average annual extraction limit for that extraction management unit by 5% or more, then the maximum available water determination that can be made for regulated river (general security) access licences in that extraction management unit shall be reduced in the following water year in accordance with subclause (4).

(4)

The reduction under subclause (2) or (3) shall be of an amount that is, in the Minister’s opinion, necessary to return average annual extractions in the respective extraction management unit to the long-term average annual extraction limit established in this Part.

Division 2Available water determinations42General(1)

Available water determinations made for access licences with a share component that specifies one of these water sources are to be expressed as either:

  • (a)

    a percentage of share component, for access licences which have share components specified as megalitres per year, or

  • (b)

    megalitres per unit share, for access licences which have share components specified as a number of unit shares.

(2)

Subject to subclause (3), the sum of available water determinations made for any access licence with a share component that specifies one of these water sources shall not, in any water year, exceed:

  • (a)

    100% of the access licence share component or such lower amount that results from Division 1 of this Part, for all access licences where share components are specified as megalitres per year, or

  • (b)

    1 megalitre per unit share of the access licence share component or such lower amount that results from Division 1 of this Part, for all access licences, where share components are specified as a number of unit shares.

(3)

For the first water year in which this Plan has effect only, subclause (2) does not apply to access licences with a share component that specifies one of these water sources, excluding the Richmond Regulated Water Source.

43Available water determinations for domestic and stock access licences(1)

In making available water determinations under section 59 of the Act for domestic and stock access licences, the Minister should consider the rules in this clause.

(2)

At the commencement of this Plan, an available water determination of 200% of access licence share component should be made for domestic and stock access licences with a share component that specifies one of these water sources, excluding the Richmond Regulated Water Source.

(3)

At the commencement of each water year after the first water year in which this Plan has effect, an available water determination of 100% of access licence share component should be made for domestic and stock access licences with a share component that specifies one of these water sources, excluding the Richmond Regulated Water Source.

(4)

At the commencement of this Plan and at the commencement of each water year after the first water year in which this Plan has effect, an available water determination of 100% of access licence share component should be made for domestic and stock access licences with a share component that specifies the Richmond Regulated Water Source.

(5)

Sufficient volumes of water should be set aside from assured inflows into the Richmond Regulated Water Source and reserves held in Toonumbar Dam water storage so that available water determinations of 100% of access licence share component for domestic and stock access licences in that water source, provided for in subclause (4), can be maintained through a repeat of the worst period of low inflows into this water source (based on historical flow information held by the Department when this Plan commenced).

44Available water determinations for local water utility access licences(1)

In making available water determinations under section 59 of the Act for local water utility access licences, the Minister should consider the rules in this clause.

(2)

At the commencement of this Plan, an available water determination of 200% of access licence share component should be made for local water utility access licences with a share component that specifies one of these water sources, excluding the Richmond Regulated Water Source.

(3)

At the commencement of each water year after the first water year in which this Plan has effect, an available water determination of 100% of access licence share component should be made for local water utility access licences with a share component that specifies one of these water sources, excluding the Richmond Regulated Water Source.

(4)

At the commencement of this Plan and at the commencement of each water year after the first water year in which this Plan has effect, an available water determination of 100% of access licence share component should be made for local water utility access licences with a share component that specifies the Richmond Regulated Water Source.

(5)

Sufficient volumes of water should be set aside from assured inflows into the Richmond Regulated Water Source and reserves held in Toonumbar Dam water storage so that available water determinations of 100% of access licence share component for local water utility access licences in that water source, provided for in subclause (4), can be maintained through a repeat of the worst period of low inflows into this water source (based on historical flow information held by the Department when this Plan commenced).

45Available water determinations for regulated river (high security) access licences(1)

In making available water determinations under section 59 of the Act for regulated river (high security) access licences, the Minister should consider the rules in this clause.

(2)

At the commencement of this Plan and at the commencement of each water year after the first water year in which this Plan has effect, an available water determination of 1 ML per unit share component should be made, whenever possible, for regulated river (high security) access licences with a share component that specifies the Richmond Regulated Water Source.

(3)

Sufficient volumes of water should be set aside from assured inflows into the Richmond Regulated Water Source and reserves held in Toonumbar Dam water storage so that available water determinations of 1 ML per unit of share component for regulated river (high security) access licences in that water source, provided for in subclause (2), can be maintained through a repeat of the worst period of low inflows into the water source (based on historical flow information held by the Department when this Plan commenced).

(4)

Subject to the limits in clause 42 (2) (b), additional available water determinations for regulated river (high security) access licences in the Richmond Regulated Water Source may be made after the sum of available water determinations for domestic and stock and local water utility access licences in that water source in that water year equals 100% of share components and there is sufficient water available after making provision for:

  • (a)

    the environmental release rules established in clause 31,

  • (b)

    requirements for domestic and stock rights,

  • (c)

    requirements for native title rights,

  • (d)

    requirements for domestic and stock access licences,

  • (e)

    requirements for local water utility access licences,

  • (f)

    allocations remaining in access licence water allocation accounts from previous available water determinations,

  • (g)

    water losses associated with the holding and delivery of water to meet the requirements specified in paragraphs (a) to (f),

  • (h)

    an appropriate volume to meet water losses associated with the holding and delivery of water resulting from available water determinations, and

  • (i)

    any other relevant matters.

46Available water determinations for regulated river (general security) access licences(1)

In making available water determinations under section 59 of the Act for regulated river (general security) access licences, the Minister should consider the rules in this clause.

(2)

Subject to the limits in clause 42 (2) (b), available water determinations for regulated river (general security) access licences in the Richmond Regulated Water Source may be made after the sum of available water determinations for regulated river (high security) access licences in that water source in that water year equals 1 ML per unit of share component and there is sufficient water available after taking into account:

  • (a)

    the environmental water provisions established by this Plan,

  • (b)

    requirements for domestic and stock rights,

  • (c)

    requirements for native title rights,

  • (d)

    requirements for domestic and stock access licences,

  • (e)

    requirements for local water utility access licences,

  • (f)

    requirements for regulated river (high security) access licences,

  • (g)

    allocations remaining in access licence water allocation accounts from previous available water determinations,

  • (h)

    water losses associated with the holding and delivery of water to meet the requirements specified in paragraphs (a) to (g),

  • (i)

    an appropriate volume to meet water losses associated with the holding and delivery of water resulting from available water determinations, and

  • (j)

    any other relevant matters.

Note—

Where the long-term average annual extraction limit has been exceeded, then the available water determination for regulated river (general security) access licences may be reduced in accordance with Division 1 of this Part.

47Available water determinations for unregulated river access licences(1)

In making available water determinations under section 59 of the Act for unregulated river access licences, the Minister should consider the rules in this clause.

(2)

At the commencement of this Plan, an available water determination of 2 ML per unit of share component should be made for unregulated river access licences with a share component that specifies one of these water sources, excluding the Richmond Regulated Water Source.

(3)

At the commencement of each water year after the first water year in which this Plan has effect, an available water determination of 1 ML per unit of share component, or such lower amount that results from Division 1 of this Part, should be made for unregulated river access licences with a share component that specifies one of these water sources, excluding the Richmond Regulated Water Source.

Note—

Where the long-term average annual extraction limit has been exceeded, then the available water determination for unregulated river access licences will be reduced in accordance with Division 1 of this Part.

48Available water determinations for unregulated river (high flow) access licences(1)

In making available water determinations under section 59 of the Act for unregulated river (high flow) access licences, the Minister should consider the rules in this clause.

(2)

At the commencement of this Plan, an available water determination of 2 ML per unit of share component should be made for unregulated river (high flow) access licences with a share component that specifies one of these water sources, excluding the Richmond Regulated Water Source.

(3)

At the commencement of each water year after the first water year in which this Plan has effect, an available water determination of 1 ML per unit of share component, or such lower amount that results from Division 1 of this Part, should be made for unregulated river (high flow) access licences with a share component that specifies one of these water sources, excluding the Richmond Regulated Water Source.

Note—

Where the long-term average annual extraction limit has been exceeded, then the available water determination for unregulated river (high flow) access licences will be reduced in accordance with Division 1 of this Part.

49Available water determinations for aquifer access licences(1)

In making available water determinations under section 59 of the Act for aquifer access licences, the Minister should consider the rules in this clause.

(2)

At the commencement of this Plan, an available water determination of 2 ML per unit of share component should be made for aquifer access licences with a share component that specifies one of these water sources, excluding the Richmond Regulated Water Source.

(3)

At the commencement of each water year after the first water year in which this Plan has effect, an available water determination of 1 ML per unit of share component, or such lower amount that results from Division 1 of this Part, should be made for aquifer access licences with a share component that specifies one of these water sources, excluding the Richmond Regulated Water Source.

Note—

Where the long-term average annual extraction limit has been exceeded, then the available water determination for aquifer access licences will be reduced in accordance with Division 1 of this Part.

Part 8Rules for granting access licencesNote—

This Part is made in accordance with sections 20, 61 and 63 of the Act. Access licences granted in these water sources will be subject to mandatory conditions and discretionary conditions.

Note—

Part 13 allows for amendments to be made to Part 8.

50Specific purpose access licences(1)

A specific purpose access licence shall not be granted in these water sources unless the Minister is satisfied that the share and extraction component of the access licence is the minimum required to meet the circumstances in which the access licence is proposed to be used.

(2)

Applications for specific purpose access licences, other than those permitted under the Regulation, may not be made in these water sources, except for an unregulated river (subcategory “Aboriginal community development”) access licence for the taking of water from B Class flows only in any of the following water sources:

  • (a)

    Eden Creek Water Source,

  • (b)

    Leycester Creek Water Source,

  • (c)

    Myrtle Creek Water Source, and

  • (d)

    Shannon Brook Water Source.

(3)

An unregulated river (subcategory “Aboriginal community development”) access licence shall not be granted in these water sources if the granting of the licence would cause the total of share components of unregulated river (subcategory “Aboriginal community development”) access licences, to exceed:

  • (a)

    215 ML/year in the Eden Creek Water Source,

  • (b)

    500 ML/year in the Leycester Creek Water Source,

  • (c)

    193 ML/year in the Myrtle Creek Water Source, and

  • (d)

    132 ML/year in the Shannon Brook Water Source.

Note—

An unregulated river (subcategory “Aboriginal community development”) access licence is a specific purpose access licence and as such can only be the subject of limited trade that is consistent with the purpose for which the licence was granted. Aboriginal communities, enterprises and individuals are encouraged to seek financial assistance from funding bodies to purchase other categories of access licence if they require fully tradeable licences.

(4)

An access licence of the subcategory “Aboriginal cultural” shall not be granted in these water sources unless the share component of the proposed access licence is less than or equal to 10 ML/year.

(5)

An access licence of the subcategory “Aboriginal cultural” may only be granted for the taking of water by an Aboriginal person or Aboriginal community for any personal, domestic or communal purpose, including drinking, food preparation, washing, manufacturing traditional artefacts, watering domestic gardens, cultural teaching, hunting, fishing, gathering and for recreational, cultural and ceremonial purposes.

Note—

Aboriginal person is defined in the Dictionary.

Note—

The Regulation will provide for the creation of new access licences that authorise the taking of water between the tidal limit and the mangrove limit in the Wyrallah Area Water Source and the Coraki Area Water Source (for which no entitlement has previously been required under the Water Act 1912).

50AGranting of access licences as a result of controlled allocation

The Minister may grant an access licence where the right to apply for the licence has been acquired in a manner prescribed by an order made under section 65 of the Act.

Note—

A controlled allocation order under section 65 of the Act will be considered to allow applications to be made for aquifer access licences to take water from the coastal floodplain alluvial aquifers in the Coraki Area, Wyrallah Area, Kyogle Area, Shannon Brook, Sandy Creek and Terania Creek Water Sources, subject to a study being undertaken to identify a total water balance, interactions between groundwater and the tidal pool and future needs (including future specific purpose licences and exempt extraction) in the coastal floodplain alluvial aquifers.

Part 9Rules for managing access licencesDivision 1Water allocation account management rules51General

The rules in this Division apply to the taking of water under an access licence with a share component that specifies one of these water sources.

Note—

The Act provides for the keeping of water allocation accounts. This Division imposes further limitations on the volume of water that may be taken under the access licences to which this clause applies. It does not authorise the taking of more water than is credited to the respective water allocation accounts for those access licences.

Note—

Part 13 allows for amendments to be made to Division 1 of Part 9.

Note—

The rules in these clauses impose restrictions on the volume of water that may be taken under an access licence over a specified period of time. These restrictions are in addition to any other limits on access licences for the taking of water contained in this Plan. For further clarification, these rules do not authorise the taking of more water than is credited to the respective water allocation account for the access licence at the time water is taken. It is an offence under the Act to take more water than is credited to the water allocation account for an access licence.

52Individual access licence account management rules for these water sources excluding the Richmond Regulated Water Source(1)

This clause applies to all access licences with share components which specify one of these water sources, excluding the Richmond Regulated Water Source.

(2)

For the period of the first three water years in which this Plan has effect, the maximum volume of water that may be taken under a domestic and stock access licence, a local water utility access licence, an unregulated river access licence, an unregulated river (high flow) access licence or an aquifer access licence, must not exceed a volume equal to:

  • (a)

    fifty per cent of the water allocations accrued to the water allocation account for the access licence from available water determinations in the first water year, plus

  • (b)

    the sum of water allocations accrued to the water allocation account for the access licence from available water determinations in the second and third water years, plus

  • (c)

    the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act, in those years, plus

  • (d)

    any water allocations re-credited to the water allocation account for the access licence in accordance with section 76 of the Act, in those years.

(3)

For the period of any three consecutive water years after the first water year in which this Plan has effect, the maximum volume of water that may be taken under a domestic and stock access licence, a local water utility access licence, an unregulated river access, an unregulated river (high flow) access licence or an aquifer access licence, must not exceed a volume equal to the lesser of:

  • (a)

    the sum of:

    • (i)

      water allocations accrued to the water allocation account for the access licence from available water determinations in those years,

    • (ii)

      the water allocations carried over from the water year prior to those three water years under subclause (4),

    • (iii)

      the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act, in those years, and

    • (iv)

      any water allocations re-credited to the water allocation account for the access licence in accordance with section 76 of the Act, in those years, or

  • (b)

    the sum of:

    • (i)

      the share component of the access licence at the beginning of the first of those three water years,

    • (ii)

      the share component of the access licence at the beginning of the second of those three water years,

    • (iii)

      the share component of the access licence at the beginning of the third of those three water years,

    • (iv)

      the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act, in those years, and

    • (v)

      any water allocations re-credited to the water allocation account for the access licence in accordance with section 76 of the Act, in those years.

(4)

The maximum water allocation that can be carried over in the water allocation account for a domestic and stock access licence, a local water utility access licence, an unregulated river access licence, an unregulated river (high flow) access licence or an aquifer access licence in these water sources, from one water year to the next is equal to:

  • (a)

    100% of the access licence share component, for access licences with share components expressed as ML/year, or

  • (b)

    1 ML per unit share of access licence share component, for access licences with share components expressed as a number of unit shares.

53Individual access licence account management rules for the Richmond Regulated Water Source(1)

This clause applies to all access licences with share components which specify the Richmond Regulated Water Source.

(2)

In any water year in which this Plan has effect, the maximum volume of water that may be taken under an access licence must not exceed a volume equal to:

  • (a)

    the sum of water allocations accrued under the access licence from available water determinations in those years, plus

  • (b)

    the amount of water that may be taken under clause 57, plus

  • (c)

    any water allocations assigned from another access licence under section 71T of the Act, in those years, plus

  • (d)

    any water allocations re-credited in accordance with section 76 of the Act, in those years, minus

  • (e)

    any water allocations assigned to another access licence under section 71T of the Act, in those years.

(3)

Water allocations remaining in a water allocation account of an access licence in the Richmond Regulated Water Source cannot be carried over from one water year to the next.

Division 2Rules for access licences in the Richmond Regulated Water Source54General

The rules in this Division apply to the taking of water under an access licence with a share component that specifies the Richmond Regulated Water Source.

55General priority of extractions

Where the extraction component of an access licence in the Richmond Regulated Water Source does not specify a rate of extraction as a share of supply capability or a volume per unit time, the following priority of extraction shall apply whenever supply capability is insufficient to satisfy all water requirements in any section of the water source:

  • (a)

    water shall be supplied to domestic and stock access licences, local water utility access licences and regulated river (high security) access licences that have placed orders for water, in that order, and

  • (b)

    then any remaining supply capability shall be shared between regulated river (general security) access licences that have placed an order for water, in proportion to share components specified on the access licences.

Note—

During periods of channel capacity constraint, the implementation of the above provisions may result in short term ordering delays.

56Numerical specification of extraction components(1)

The extraction components of access licences in the Richmond Regulated Water Source may be amended under section 68A of the Act to specify a volume per unit of time or share of supply capability in order to share the impacts of any future physical supply constraint amongst access licences.

(2)

The rate or shares specified in the amended extraction components of domestic and stock, local water utility and regulated river (high security) access licences under subclause (1) should where possible be the amount which in the opinion of the Minister is sufficient to satisfy the maximum daily water requirements.

(3)

The rate or shares specified in the amended extraction components of regulated river (general security) access licences under subclause (1) should be in proportion to the share component of each access licence.

57Taking of uncontrolled flows under access licences in the Richmond Regulated Water Source(1)

This clause provides for the taking of water from uncontrolled flows in accordance with an order made under section 85A of the Act.

(2)

An order under section 85A of the Act may authorise the taking of water from uncontrolled flows that arise from unregulated inflows to the Richmond Regulated Water Source that have not been credited to the water allocation account for a regulated river (general security) access licence:

  • (a)

    with a share component that specifies the Richmond Regulated Water Source, and

  • (b)

    which nominates a metered work.

(3)

The following rules apply to the taking of uncontrolled flows that arise from unregulated inflows to the water source specified in subclause (2):

  • (a)

    water may only be taken from uncontrolled flows in accordance with announcements made by the Minister. Announcements may be made by the Minister for the taking of water from uncontrolled flows in the following sections of the water source only:

    • (i)

      Iron Pot Creek from downstream of the Toonumbar Dam to the junction with Eden Creek, and

    • (ii)

      Eden Creek from the junction with Iron Pot Creek to the end of the Richmond Regulated Water Source,

  • (b)

    water may only be taken from uncontrolled flows using a metered work,

  • (c)

    the taking of water from uncontrolled flows under paragraph (a) (i) shall:

    • (i)

      only be permitted to commence when the flows at Iron Pot Creek gauge (203023) at Toonumbar have been greater than 40 ML/day for 12 or more hours, and

    • (ii)

      cease when the flows at Iron Pot Creek gauge (203023) at Toonumbar are 40 ML/day or less,

  • (d)

    the taking of water from uncontrolled flows under paragraph (a) (ii) shall:

    • (i)

      only be permitted to commence when the flows at Eden Creek gauge (203034) at Doubtful have been greater than 40 ML/day for 12 or more hours, and

    • (ii)

      cease when the flows at Eden Creek gauge (203034) at Doubtful are 40 ML/day or less.

(4)

In any uncontrolled flow event, total water taken from uncontrolled flows must not exceed an amount that is equal to 50% of the uncontrolled flow volume per day that is in excess of:

  • (i)

    40 ML/day of uncontrolled flow as measured at Iron Pot Creek gauge (203023) at Toonumbar for the section of the water source specified in subclause (3) (a) (i), and

  • (ii)

    40 ML/day of uncontrolled flow as measured at Eden Creek gauge (203034) at Doubtful are 40 ML/day or less for the section of the water source specified in subclause (3) (a) (ii).

(5)

In any water year, the total amount of uncontrolled flow that may be taken under a regulated river (general security) access licence is limited to an amount that is equal to the difference between:

  • (a)

    the sum of available water determinations for that water year for that category of access licence, and

  • (b)

    the maximum sum of available water determinations that can be made for that category of access licence under Division 2 of Part 7 of this Plan.

(6)

Within 7 days of ceasing to take water from uncontrolled flows, regulated river (general security) access licence holders must supply State Water with meter readings taken immediately prior to and after the taking of uncontrolled flow.

(7)

If the total amount of uncontrolled flow taken under an access licence exceeds the limit specified in subclause (5), then a volume equivalent to the exceedence shall be debited from the water allocation account for the access licence in that water year.

Note—

It is possible for the limits specified in subclause (5) to be exceeded if available water determinations increase after uncontrolled flows have been taken.

(8)

In this clause metered work has the same meaning as under section 91I (4) of the Act.

Division 3Rules for access licences in these water sources, excluding the Richmond Regulated Water Source and the Richmond Regulated Alluvial Water Source58General

The rules in this Division apply to the taking of water under an access licence with a share component that specifies one of these water sources, excluding the Richmond Regulated Water Source and the Richmond Regulated Alluvial Water Source.

Note—

Part 13 allows for amendments to be made to Division 3 of Part 9.

59Flow classes(1)

This Plan establishes the flow classes specified in Column 3 of Table B as the basis for the sharing of flows on a daily basis in these water sources.

(2)

The flow classes in Column 3 of Table B, and the reference points specified in Column 6 of Table B, are established for each water source specified in Column 1 and each management zone specified in Column 2 of Table B.

(3)

The flow classes commence on the date specified in Column 4 of Table B.

(4)

A flow class applies in the respective water source or management zone, on the day specified in Column 7 of Table B, when the flow (the flow of water in ML/day) or salinity (parts per thousand, hereafter ppt) as measured at the reference point specified in Column 6 of Table B is equal to the flow or salinity specified in Column 5 of Table B.

(5)

The salinity thresholds specified in Column 5 of Table B refer to the average low tide daily reading.

(6)

For the purpose of Table B:

  • (a)

    Year 1 of this Plan means from the date of commencement of this Plan, and

  • (b)

    Year 6 of this Plan means from 1 July in the sixth water year after this Plan has commenced.

(7)

If, in the Minister’s opinion, accurate flow data is not available on a particular day from a flow measuring gauge used to determine a flow class, the Minister may determine the flow class that applies for that day and notify the licence holder in writing of the flow class that applies for that day. For the purpose of this subclause, notification includes publishing a notice on the Department’s website.

(8)

For the purpose of determining the flow class that applies on a particular day under subclause (7), the Minister may take into consideration evidence of past and current flow readings at other functioning upstream and downstream gauges.

Note—

On days that accurate flow data is not available, holders of access licences may contact the Department’s office at the address listed in Appendix 3 or check the Department’s website to find out what flow class applies on that day.

Note—

The flow classes, reference points, the water sources or management zones to which a flow class applies, or any other matter listed in Table B may be amended as provided for in Part 13 of this Plan.

Note—

Only those water sources for which flow classes have been established at the commencement of this Plan are shown in Table B.

Table B—Flow Classes

Column 1

Column 2

Column 3

Column 4

Column 5

Column 6

Column 7

Water Source

Management Zone

Flow class

Commencement

Flow (ML/day) or salinity (ppt)

Reference point

Day on which flow class applies

Bangalow Area Water Source

Very Low Flow Class

From year 1 of this Plan

Less than or equal to 12 ML/day

Wilsons River gauge (203014) at Eltham

Same day

Very Low Flow Class

Year 6 of this Plan

Less than or equal to 24 ML/day

Same day

A Class

Year 1 of this Plan

More than 12 ML/day and less than or equal to 385 ML/day

Same day

A Class

Year 6 of this Plan

More than 24 ML/day and less than or equal to 385 ML/day

Same day

B Class

Year 1 of this Plan

More than 385 ML/day

Same day

Coraki Area Water Source

Richmond River Tidal Pool Management Zone

Very Low Flow Class

Year 1 of this Plan

2 ppt or more for five consecutive days or more

Salinity gauge at Coraki

Same day

A Class

Year 1 of this Plan

(1) 1 ppt or more and less than 2 ppt for five consecutive days or more, or

(2) above 2 ppt for less than five consecutive days, or

(3) 0.3 ppt or more and less than 1 ppt for less than five consecutive days

Same day

B Class

Year 1 of this Plan

(1) 1 ppt or more and less than 2 ppt for less than five consecutive days, or

(2) 0.3 ppt or more and less than 1 ppt for five consecutive days or more, or

(3) less than 0.3 ppt

Same day

Gradys Creek Water Source

Very Low Flow Class

Year 1 of this Plan

Less than or equal to 15 ML/day

Richmond River gauge (203005) at Wiangaree

Same day

A Class

Year 1 of this Plan

More than 15 ML/day and less than or equal to 308 ML/day

Same day

B Class

Year 1 of this Plan

More than 308 ML/day

Same day

Kyogle Area Water Source

Upper Kyogle Management Zone

Very Low Flow Class

Year 1 of this Plan

Less than or equal to 15 ML/day

Richmond River gauge (203900) at Kyogle

    • (ii)

      consideration of the socio-economic impacts of any proposed change to licence holder access.

89Part 10

Part 10 may be amended to do any of the following:

  • (a)

    amend clause 65 (1) to specify additional water sources or management zones where water supply work approvals must not be granted or amended to authorise in-river dams on third order or higher streams,

  • (b)

    amend the definition of a replacement groundwater work in clause 67,

  • (c)

    add, remove or modify a restricted distance specified in:

    • (i)

      clause 68 after year 5 of this Plan, or

    • (ii)

      clause 70 based on the outcomes of further studies of groundwater ecosystem dependency that have been assessed as adequate by the Minister, and

  • (d)

    amend clause 72 to impose further restrictions on the rate and timing of extraction of water from the respective water source to mitigate impacts.

90Part 11

If the total volume of water extracted in any water year by access licences in the Richmond Regulated Water source exceeds 8,800 ML, clause 74 may be amended to allow dealings under section 71O of the Act between regulated river (general security) access licences and regulated river (high security) access licences.

91Part 12

Part 12 may be amended to do any of the following:

  • (a)

    amend the rules in relation to record keeping including in relation to requirements for Logbooks,

  • (b)

    amend clause 82 or 83 to specify different standards or requirements for decommissioning water supply works or construction requirements for water supply works.

92Schedules(1)

Schedule 1 may be amended to add, modify or remove a definition.

(1A)

Schedule 1A may be amended to:

  • (a)

    remove an access licence or Water Act 1912 entitlement specified in Column 1 and the corresponding water source and access rule in Column 2 and Column 3 of the Schedule,

  • (b)

    add a new access licence to Column 1 and specify a water source and access rule in Column 2 and Column 3 of the Schedule, if, in the Minister’s opinion:

    • (i)

      the cease to take conditions that were specified on the Water Act 1912 entitlement were higher than the access rules specified in clause 60 of this Plan, and

    • (ii)

      the access rule to be specified in Column 2 for that access licence is no more restrictive than the cease to take conditions that were specified on the Water Act 1912 entitlement.

(2)

Schedule 2 may be amended to do any of the following:

  • (a)

    remove an access licence or entitlement from Column A of Schedule 2 and to remove the corresponding access rule from Column B of Schedule 2,

  • (b)

    amend the access rule specified in Column B, or

  • (c)

    add an access licence to Column A of Schedule 2 and to specify an access rule in Column B of Schedule 2.

(3)

Schedule 3 may be amended to do any of the following:

  • (a)

    add a new access licence to clause 1 of Schedule 3, provided that a written request has been made to the Minister, and the Minister is satisfied that extraction under the access licence is for a purpose listed in clause 60 (18) (a) and that purpose was specified on the former Water Act 1912 entitlement that was replaced by the access licence or referred to in its conditions,

  • (b)

    add a local water utility access licence or an unregulated river (subcategory “town water supply”) access licence to clause 2 of Schedule 3, provided the Minister is satisfied that the water supply system used to extract, store and deliver water has not undergone major augmentation since the commencement of this Plan,

  • (c)

    remove an access licence or entitlement from Schedule 3 if:

    • (i)

      an access licence dealing results in the water being extracted under the licence being taken from a different location,

    • (ii)

      an alternative water supply is obtained, or

    • (iii)

      the licence is surrendered or cancelled or its purpose ceases to exist,

  • (d)

    remove a local water utility or an unregulated river (subcategory “town water supply”) access licence or entitlement from clause 2 of Schedule 3 if:

    • (i)

      the Minister is satisfied that the water supply system used to take, store and deliver water has undergone major augmentation since the commencement of this Plan, or

    • (ii)

      the access licence is surrendered or cancelled or its purpose ceases to exist.

  • (e)

    remove an access licence or entitlement from clause 3 of Schedule 3 if the access licence is subject to a dealing such that it no longer nominates water supply works on Maguires Creek.

(4)

Schedule 3 may be deleted if the Minister is satisfied that it is no longer required.

(4A)

Schedule 3A may be amended to add a new access licence, if in the Minister’s opinion the access licence was used to take water from an off-river pool in the Coopers Creek Water Source after the commencement of the Water Sharing Plan for the Coopers Creek Water Source 2003. The holder of the access licence must, to the Minister’s satisfaction, demonstrate a history of extraction regarding the taking of water from an off-river pool and provide any other information as required by the Minister.

(4B)

Schedule 3A or part thereof may be deleted if the Minister is satisfied that it is no longer required.

(4C)

Schedule 3B may be amended to do any of the following:

  • (a)

    add a new access licence to clause 1 of Schedule 3B, provided that a written request has been made to the Minister and the Minister is satisfied that extraction under the access licence is for a purpose listed in clause 60A (8) (a) and that the purpose was specified on, or referred to in the conditions of, the former Water Act 1912 entitlement that was replaced by the access licence,

  • (b)

    add a local water utility access licence or an access licence of the subcategory “Town water supply” to clause 2 of Schedule 3B, provided the Minister is satisfied that the water supply system used to take, store and deliver water has not undergone major augmentation since the commencement of this Plan,

  • (c)

    remove an access licence or Water Act 1912 entitlement from clause 1 of Schedule 3B if:

    • (i)

      an access licence dealing results in the water being extracted under the licence being taken from a different location,

    • (ii)

      an alternative water supply is obtained, or

    • (iii)

      the licence is surrendered or cancelled or its purpose ceases to exist,

  • (d)

    remove a local water utility, an access licence of the subcategory “Town water supply” or a Water Act 1912 entitlement from clause 2 of Schedule 3B if:

    • (i)

      the Minister is satisfied that the water supply system used to take, store and deliver water has undergone major augmentation since the commencement of this Plan, or

    • (ii)

      the access licence is surrendered or cancelled, or its purpose ceases to exist.

(4D)

Schedule 3B or part thereof may be deleted if the Minister is satisfied that it is no longer required.

(5)

Schedule 4 may be amended to:

  • (a)

    add a new access licence to clause 1 of Schedule 4, provided that a written request has been made to the Minister, and the Minister is satisfied that extraction under the access licence is for a purpose listed in clause 61 (9) and (13) (a) and that purpose was specified on, or referred to in the conditions, of the former Water Act 1912 entitlement that was replaced by the access licence,

  • (b)

    add a local water utility access licence or an aquifer (subcategory “town water supply”) access licence to clause 2 of Schedule 4, provided the Minister is satisfied that the water supply system used to extract, store and deliver water has not undergone major augmentation since the commencement of this Plan,

  • (c)

    remove a local water utility or an aquifer (subcategory “town water supply”) access licence or entitlement from clause 2 of Schedule 4 if the Minister is satisfied that the water supply system used to extract, store and deliver water has undergone major augmentation since the commencement of this Plan, or

  • (d)

    remove an access licence or entitlement from Schedule 4 if:

    • (i)

      an access licence dealing results in the water being extracted under the licence being taken from a different location,

    • (ii)

      an alternative water supply is obtained, or

    • (iii)

      the licence is surrendered or cancelled or its purpose ceases to exist.

(6)

Schedule 4 may be deleted if the Minister is satisfied that it is no longer required.

(7)

Schedule 5 may be amended to add or remove a contamination source.

(8)

Schedule 6 may be amended to:

  • (a)

    add or remove a sensitive environmental area, or

  • (b)

    add a new high priority groundwater dependent ecosystem after year 5 of this Plan, or to remove a high priority groundwater dependent ecosystem.

93Other(1)

This Plan may be amended to provide for the management of floodplain harvesting within these water sources.

(2)

This Plan may be amended to include rules for any new category of access licence established for the purpose of stormwater harvesting, provided that the amendments do not affect the long-term average annual extraction limit specified in this Plan.

(3)

This Plan may be amended to provide for the interception of runoff from land before it reaches a stream by plantations or other means.

(4)

This Plan may be amended to allow for the granting of aquifer interference approvals and the management of aquifer interference activities.

(5)

Consequential amendments may be made to this Plan as a result of an amendment to the Act or regulations.

(6)

This Plan may be amended to specify rules for water that is currently unassigned water in the Coraki Area, Wyrallah Area, Kyogle Area, Shannon Brook, Sandy Creek and Terania Creek Water Sources.

(7)

This Plan may be amended to include rules for the following:

  • (a)

    managed aquifer recharge,

    Note—

    Managed aquifer recharge schemes involve taking water such as recycled water or urban stormwater, treating it and then storing it in underground aquifers under controlled conditions. This water can then be extracted at a later time.

  • (b)

    the shepherding of water,

    Note—

    Shepherding is defined in the Dictionary.

  • (c)

    the management of salt interception schemes.

(8)

This Plan may be amended following the granting of a native title claim pursuant to the provisions of the Native Title Act 1993 of the Commonwealth to give effect to an entitlement granted under that claim.

(9)

This Plan may be amended after Year 5 of this Plan to provide rules for the protection of water dependent Aboriginal cultural assets to do any of the following:

  • (a)

    identify water dependent Aboriginal cultural assets,

  • (b)

    restrict the granting and amending of water supply work approvals to protect water dependent Aboriginal cultural assets,

  • (c)

    amend the dealing rules to protect water dependent Aboriginal cultural assets.

(10)

Any amendment under subclause (9) will take into account the socio-economic impacts of the proposed change and the environmental water requirements of the water source.

(11)

Before making an amendment pursuant to subclause (9) the Minister should consult with relevant Government agencies and stakeholders.

Schedule 1Dictionary

Aboriginal person has the same meaning as it has in the Aboriginal Land Rights Act 1983.

alluvial sediments means unconsolidated fluvio-lacustrine sediments.

approved EP& Act development means:

  • (a)

    a project approved under Part 3A of the Environmental Planning and Assessment Act 1979 (whether before or after its repeal), or

  • (b)

    State significant development authorised by a development consent under Part 4 of that Act, or

  • (c)

    State significant infrastructure approved under Part 5.1 of that Act.

assured inflows are the volumes of water which historic hydrologic information indicates are the minimum which can expected to flow into this water source.

cease to take condition means any term or condition on a water supply work approval, an access licence or Water Act 1912 entitlement that prohibits the taking of water in a particular circumstance.

drawdown means a lowering of the level to which water will rise in cased bores.

Note—

Natural drawdown may occur due to seasonal climatic changes. Groundwater pumping may also result in seasonal and long-term drawdown.

fractured rock means sedimentary, igneous and metamorphic rocks with fractures, joints, bedding planes and cavities in the rock mass that are capable of transmitting water.

full capacity means the volume of water that is impounded in the pool, lagoon or lake when the pool, lagoon or lake is at the level when a visible flow out of that pool, lagoon or lake would cease.

grazeable area means, for an individual landholding, the area of pasture in hectares for a pasture type that is accessible for stock grazing and able to grow appropriate vegetation for stock grazing, but does not include impervious surfaces (such as rocks or rocky terrain, man-made structures, mines or quarries), or other such surfaces that do not support grazing vegetation, such as water bodies and forested floors with no undergrowth.

groundwater dependent ecosystems include ecosystems which have their species composition and natural ecological processes wholly or partially determined by groundwater.

individual daily extraction limit (IDEL) is the volume of water that may be extracted by an individual access licence from an unregulated river on a daily basis from a particular flow class.

in-river dam means a dam located in a river.

in-river dam pool means the area of water immediately upstream of an in-river dam where the river has pooled as a result of an in-river dam.

in-river pool means a natural pool, lagoon or lake that is within a river or stream (regardless of stream size) and excludes:

  • (a)

    a pool that is on a flood-runner or floodplain, or

  • (b)

    a pool that is on an effluent that only commences to flow during high flows.

Logbook, in relation to an access licence or water supply work approval, means a written record, kept in hard copy or electronic form, which accurately records all information required to be kept in relation to the access licence or water supply work approval under the rules of this Plan.

management zone is an area within a water source in which rules particular to that management zone will apply, for example daily extraction limits and restrictions on dealings.

mangrove limit is as defined in the DIPNR Survey of tidal limits and mangrove limits in NSW estuaries 1996 to 2003 (NSW Dept of Commerce, Manly Hydraulics Laboratory).

Minimum Construction Requirements for Water Bores in Australia means the document published by the National Uniform Drillers Licensing Committee entitled Minimum Construction Requirements for Water Bores in Australia, 2012, ISBN 978-0-646-56917-8.

off-river pool means a natural pool, lagoon or lake that is:

  • (a)

    not within a river or stream (regardless of stream size), or

  • (b)

    located on a flood-runner or floodplain, or

  • (c)

    located on an effluent that only commences to flow during high flows.

porous rock means consolidated sedimentary rock containing voids, pores or other openings (joints, cleats, fractures) which are interconnected, in the rock mass and are capable of transmitting water.

runoff harvesting dam means a dam on a hillside or minor stream which collects and stores rainfall runoff. Minor streams are defined in harvestable rights orders made under section 54 of the Act. For the purposes of this Plan, references to runoff harvesting dams as water supply works include any associated pumps or other works which take water from the dam. For the purpose of clarity, this definition includes dams that are also used to store water diverted into the dam from a river or other source of water.

shepherding means the delivery of a calculated volume of water that was created by the non-activation/reduced extraction at a nominated licence location to a more downstream location, after consideration of losses, where it will be made available for extraction or use for the environment.

slotted intervals means that part of the water bore where slots in the casing occur which are designed to allow water to enter the bore.

total daily extraction limit (TDEL) is the volume of water that may be extracted under access licences from an unregulated river on a daily basis from a particular flow class.

transmission losses are any loss of water volume, through natural influences such as evaporation or seepage, which occur as water travels down a river.

visible flow means the continuous downstream movement of water that is perceptible to the eye.

Water Act 1912 entitlement has the same meaning as an entitlement has in clause 2 of Schedule 10 to the Act.

water storage means the water body impounded by a dam, weir or other structure, which is used to regulate and manage river flows in this water source.

Year 5 of this Plan means from the date of 1 July 2015 to 30 June 2016.

Year 6 of this Plan means from the date of 1 July 2016 to 30 June 2017.

Schedule 1AAccess licences subject to the cease to take condition specified in clause 60 (3) of this Plan

This clause applies to each access licence listed in the table below.

Column A

Column B

Column B

Access licence

Water Source

Access rules

30AL305155

Bangalow Area Water Source

Water must not be taken when the flow in Barlings Creek at Schielers Road is less than 4 ML/day.

Schedule 2Access rules for pools, lagoons and lakes

Column A

Column B

Water Act 1912 entitlements that will be replaced by access licences on commencement of this Plan

Access rules

30SL065477

Water must not be taken when the water level of the pool in Walshs Creek is more than 7.5 metres below the bench mark established on the cement footing of the shed on Lot 2, DP 7691684, Parish Tomki, County Rous.

30SL065549

Water must not be taken when the water level of the pool in Walshs Creek is more than 7.5 metres below the bench mark established on the cement footing of the shed on Lot 2, DP 7691684, Parish Tomki, County Rous.

30SL049641

Water must not be taken when the water level of the lagoon on plan WR 232 is more than 0.3 metres below the level at which a visible flow would discharge into Lagoon Creek immediately downstream of the lagoon.

30SL052216

Water must not be taken when the water level of the lagoon on plan WR 232 is more than 0.3 metres below the level at which a visible flow would discharge into Lagoon Creek immediately downstream of the lagoon.

30SL065884

Water must not be taken when the water level of the unnamed lagoon is more than 1 metre below the high water level of the lagoon.

30SL066014

Water must not be taken when the water level of Morgans Lagoon is more than 2.53 metres below the bench mark on the road culvert adjacent to the downstream end of the lagoon.

30SL065975

Water must not be taken when the water level of the unnamed lagoon is more than 1 metre below the high water level of the lagoon.

30SL050291

Water must not be taken when the water level of the lagoon on plan WR 232 is more than 0.3 metres below the level at which a visible flow would discharge into Lagoon Creek immediately downstream of the lagoon.

Schedule 3Access licences used to take surface water exempt from cease to pump rules1General

This clause applies to the following:

Water Act 1912 entitlements that will be replaced by access licences on commencement of this Plan

30SL047078

30SL043319

30SL066634

30SL015432

30SL023847

30SL066298

30SL066311

30SL022517

30SL065837

30SL065946

30SL044731

30SL042318

30SL066642

30SL066269

30SL066676

30SL066757

30SL066471

30SL066297

30SL066283

30SL066258

30SL066664

30SL066287

30SL066638

30SL066302

30SL066474

30SL066250

30SL066108

30SL066646

30SL066207

30SL066259

30SL066214

30SL066305

30SL066266

30SL066640

30SL012569

30SL065220

30SL066543

30SL066756

30SL066263

30SL066641

30SL066278

30SL066301

30SL066774

30SL066232

30SL035864

30SL015527

30SL066251

30SL046888

30SL066284

30SL066222

30SL066285

30SL066313

30SL014459

30SL014760

30SA004514

30SL066447

30SL045550

30SL066310

30SL066210

30SL066290

30SL023535

30SL066663

30SL065220

30SL066300

30SL066267

30SL066476

30SL066200

30SL066218

30SL066291

30SA004521

30SL066270

30SL066202

30SL066639

30SL066212

30SL066203

30SL066282

30SL065966

30SL066797

30SL066652

30SL066699

30SL066635

30SL066514

30SL042969

30SL065599

30SL040428

30SL043500

30SL047646

30SL031879

30SL049643

30SL066211

30SL066759

30SL066295

2Local water utility and unregulated river (subcategory “town water supply”) access licences

This clause applies to the following:

Water Act 1912 entitlements that will be replaced by local water utility access licences or unregulated river (subcategory “town water supply”) access licences on commencement of this Plan

30SL042352

30SL038017

30SL045176

30SL036267

30SL066500

30SL026989

30SL038593

30SL044093

30SL011429

30SL031926

30SL066818

30SL042944

3Access licences on Maguires Creek

This clause applies to the following:

Water Act 1912 entitlements that will be replaced by access licences on commencement of this Plan

30SA001327

30SA004505

30SA004536

30SL039925

30SL039939

30SL040085

30SL040868

30SL041443

30SL041573

30SL042486

30SL043619

30SL043815

30SL045600

30SL047462

30SL048405

30SL048426

30SL048452

30SL050121

30SL051392

30SL065619

30SL065779

30SL065793

30SL065855

30SL066595

30SL066596

30SL066610

30SL066627

30SL066784

30SL066979

30SL042352

30SL038017

30SL045176

30SL036267

30SL066500

30SL026989

30SL038593

30SL044093

30SL011429

30SL031926

30SL066818

30SL042944

Schedule 3AAccess licences used to take surface water exempt from the cease to take condition in clause 60A (5)

This clause applies to each access licence listed in the table below.

Access licences

Note—

At the commencement of this Plan there are no access licences listed in this Schedule. Clause 92 (4A) allows for this Plan to be amended to add access licences to this Schedule subject to the requirements in that clause.

Schedule 3BAccess licences used to take surface water exempt from cease to take conditions rules in the Coopers Creek Water Source1General

This clause applies to each access licence listed in the table below.

Access licences

30AL300279

30AL300287

30AL300512

30AL300308

30AL300382

30AL300386

30AL300389

2Local water utility access licences and access licences of the subcategory “Town water supply”

This clause applies to each access licence listed in the table below.

Local water utility access licences or access licences of the subcategory “Town water supply”

Note—

At the commencement of this Plan there are no access licences listed in this Schedule. Clause 92 (4C) (d) allows for this Plan to be amended to add access licences to this Schedule subject to the requirements in that clause.

Schedule 4Access licences used to take water from the alluvial sediments exempt from cease to pump rules1General

This clause applies to the following:

Water Act 1912 entitlements that will be replaced by access licences on commencement of this Plan

2Local water utility and aquifer (subcategory “town water supply”) access licences

This clause applies to the following:

Water Act 1912 entitlements that will be replaced by local water utility access licences or aquifer (subcategory “town water supply”) access licences on commencement of this Plan

30BL183145

30BL185035

30BL185598

Schedule 5Contamination sources in these water sources

Contamination sources in these water sources are the following:

  • (a)

    on site sewage disposal systems or septic tanks,

  • (b)

    any sites which have been declared to be significantly contaminated land under the Contaminated Land Management Act 1997,

  • (c)

    any sites that are or have been the subject of an activity listed in Table 1 of the contaminated land planning guidelines published under the Environmental Planning and Assessment Act 1979 from time to time,

  • (d)

    any sites listed in an agency database relating to contamination sources.

Schedule 6High priority groundwater dependent ecosystems

High priority groundwater dependent ecosystems in these water sources are as specified in Table C.

Table C – High priority groundwater dependent ecosystems

High priority groundwater dependent ecosystem

Easting

Northing

Location

Tuckean Swamp

536326.71

6797681.39

Tuckean Area Water Source

Note—

High priority groundwater dependent ecosystems (GDEs) are currently under investigation and some of these may be identified during the term of this Plan. The full list of potential GDEs will be identified on the Department Register and as a precautionary approach, will be considered by staff in the assessment of any works approval within the Plan area. If verified as high priority groundwater dependent ecosystems, the Schedule will be amended to include further GDEs.

Note—

The GDE identified in Table C is shown in Appendix 4.

Appendix 1Overview of Plan MapOverview of the Plan Map (WSP008_Version 2), Water Sharing Plan for the Richmond River Area Unregulated, Regulated and Alluvial Water Sources 2010Appendix 2Inspection of Plan Map

Copies of the Plan Map may be inspected at the following offices:

DPI Water

NSW Department of Primary Industries

10 Valentine Ave

PARRAMATTA NSW 2150

DPI Water

NSW Department of Primary Industries

135 Main Street

MURWILLUMBAH NSW 2484

DPI Water

NSW Department of Primary Industries

DPI Research Station, Bruxner Highway

ALSTONVILLE NSW 2477

DPI Water

NSW Department of Primary Industries

L3, 49 Victoria St

GRAFTON NSW 2460

Appendix 3Office

Any notifications that may be required to be made to the Minister, as specified in this Plan can be made to the following office:

DPI Water

NSW Department of Primary Industries

Locked Bag 10

GRAFTON NSW 2460

Appendix 4Map of high priority groundwater dependent ecosystems
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