Water Sharing Plan for the Tuross River Unregulated and Alluvial Water Sources 2016 (NSW)
Part 13 allows for amendments to be made to this Part.
This Plan is the Water Sharing Plan for the Tuross River Unregulated and Alluvial Water Sources 2016 (
This Plan is made under section 50 of the Water Management Act 2000 (
This Plan is a plan for water sharing and generally deals with the matters set out in sections 20 and 21 of the Act, as well as other sections of the Act.
Where a provision of this Plan is made under another section of the Act, the section is referred to in notes to this Plan.
This Plan commences on 1 July 2016.
1 In accordance with section 43 of the Act, this Plan will have effect for 10 years from 1 July 2016.
2 The Minister may extend this Plan for a further period of 10 years after it is due to expire, in accordance with section 43A of the Act.
This Plan applies to the following water sources known as the Tuross River Unregulated and Alluvial Water Sources (
(a) Belimbla Creek Water Source,
(b) Brou Lake Water Source,
(c) Bumberry Creek Water Source,
(d) Bumbo Creek Water Source,
(e) Coila Lake Water Source,
(f) Corunna Lake Water Source,
(g) Gulph Creek Water Source,
(h) Lake Mummuga Water Source,
(i) Little and Big Belimbla Creeks Water Source,
(j) Mellion Creek Water Source,
(k) Mid Tuross River Water Source,
(l) Reedy Creek Water Source,
(m) Swamp Creek Water Source,
(n) Tilba Tilba Lake Water Source,
(o) Tuross Estuary Tributaries Water Source,
(p) Tuross River Water Source,
(q) Upper Tuross River Water Source,
(r) Wadbilliga River Water Source,
(s) Wagonga Inlet Tributaries Water Source,
(t) Woila Creek Water Source,
(u) Yowrie River Water Source,
(v) Wandella Creek Water Source.
The South East Water Management Area was constituted by Ministerial order made under section 11 of the Act and published in the NSW Government Gazette No 180 on 23 November 2001 at page 9389.
These water sources are shown on the Plan Map called Plan Map (WSP0030_Version 2), Water Sharing Plan for the Tuross River Unregulated and Alluvial Water Sources 2016 (
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.
Subject to subclause (4), these water sources include all water:
(a) occurring naturally on the surface of the ground within the boundaries of these water sources shown on the Plan Map, and
(b) in rivers, lakes, estuaries and wetlands within the boundaries of these water sources shown on the Plan Map, and
(c) contained within all alluvial sediments below the surface of the ground within the boundaries of these water sources (
these alluvial sediments ) shown on the Plan Map.Note— Alluvial sediments are defined in the Dictionary.
These water sources do not include water:
(a) contained in any fractured rock or porous rock, or
Note— Fractured rock andporous rock are defined in the Dictionary.(b) contained in all sand formations below the surface of the ground within the boundary of the South East Coastal Sands Groundwater Source shown on the Plan Map in the Water Sharing Plan for the South Coast Groundwater Sources 2016, as amended or replaced from time to time, or
(c) occurring in rivers, lakes, estuaries and wetlands downstream of the mangrove limit in the following water sources:
(i) Tuross River Water Source,
(ii) Wagonga Inlet Tributaries Water Source.
Note— Mangrove limit is defined in the Dictionary.
This Plan replaces the Water Sharing Plan for the Wandella Creek Water Source 2003.
For the purposes of this Plan, the Wandella Creek Water Source is divided into the following management zones:
(a) the Wandella Creek Upstream Management Zone, located upstream of Illawambra Weir,
(b) the Wandella Creek Downstream Management Zone, located downstream of Illawambra Weir.
The management zones in subclause (1) are shown on the Plan Map.
This Plan applies to that part of the Tuross River Extraction Management Unit that includes the water sources specified in item (a) of Column 2 of Table A to this clause.
This Plan establishes the Tuross Coastal Streams Extraction Management Unit, which applies to the water sources specified in item (b) of Column 2 of Table A to this clause.
The Tuross River Extraction Management Unit and the Tuross Coastal Streams Extraction Management Unit (
1 A long-term average annual extraction limit is established in Part 7 of this Plan for each of the EMUs. The long-term average annual extraction limit determines the maximum volume of water that may be extracted under access licences and pursuant to domestic and stock rights and native title rights from all water sources within each of the EMUs on a long-term average annual basis.
2 The Tuross River EMU was established under the Water Sharing Plan for the Wandella Creek Water Source 2003.
Table A—Extraction Management Units
Column 1—Extraction management unit | Column 2—Water sources | |
(a) | Tuross River Extraction Management Unit | Belimbla Creek Water Source Bumberry Creek Water Source Bumbo Creek Water Source Gulph Creek Water Source Little and Big Belimbla Creeks Water Source Mellion Creek Water Source Mid Tuross River Water Source Reedy Creek Water Source Swamp Creek Water Source Tuross Estuary Tributaries Water Source Tuross River Water Source Upper Tuross River Water Source Wadbilliga River Water Source Wandella Creek Water Source Woila Creek Water Source Yowrie River Water Source |
(b) | Tuross Coastal Streams Extraction Management Unit | Brou Lake Water Source Coila Lake Water Source Corunna Lake Water Source Lake Mummuga Water Source Tilba Tilba Lake Water Source Wagonga Inlet Tributaries Water Source |
This Plan contains various rules. Where appropriate, the rules specified in this Plan are given effect by the mandatory conditions for access licences and water supply work approvals contained in Part 12 of this Plan.
Words and expressions that are defined in the Dictionary to this Plan have the meanings set out in the Dictionary.
Unless otherwise defined in this Plan, words and expressions that are defined in the Act or in the regulations made under the Act have the same meaning in this Plan.
Unless otherwise specified in this Plan, a clause that applies to a category of access licence also applies to any subcategories of that category of access licence.
The Dictionary and Schedules to this Plan form part of this Plan.
Notes in the text of this Plan do not form part of this Plan.
Appendices to this Plan do not form part of this Plan.
This Part is made in accordance with section 35 (1) of the Act.
The vision for this Plan is to provide for healthy and enhanced water sources and water dependent ecosystems and for equitable water sharing among users in these water sources.
Respect is paid to the traditional owners of this country, who are acknowledged as the first natural resource managers within these water sources.
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, and
Note— Groundwater-dependent ecosystems is defined in the Dictionary.(b) protect, preserve, maintain and enhance the Aboriginal, cultural and heritage values of these water sources, and
(c) protect basic landholder rights, and
(d) manage these water sources to ensure equitable sharing between users, and
(e) provide opportunities for enhanced market based trading of access licences and water allocations within environmental and system constraints, and
(f) provide water allocation account management rules which allow sufficient flexibility in water use, and
(g) contribute to the maintenance of water quality, and
(h) provide recognition of the connectivity between surface water and groundwater, and
(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) (
the 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:
(a) 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, and
(b) 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
(c) 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.
The strategies of this Plan are to:
(a) establish performance indicators, and
(b) establish environmental water rules, and
(c) identify water requirements for basic landholder rights, and
(d) identify water requirements for access licences, and
(e) establish rules for the granting and amending of access licences and approvals, and
(f) establish rules that place limits on the availability of water for extraction, and
(g) establish rules for making available water determinations, and
(h) establish rules for the operation of water allocation accounts, and
(i) establish rules which specify the circumstances under which water may be taken, and
(j) establish access licence dealing rules, and
(k) identify triggers for and limits to changes to the rules in this Plan.
The following performance indicators are to be used to measure the success of the strategies of this Plan in reaching the objectives of this Plan:
(a) the change in low flow regime,
(b) the change in moderate to high flow regime,
(c) the change in surface water and groundwater extraction relative to the long-term average annual extraction limits,
(d) the change in water quality in these water sources,
(e) the change in the ecological condition of these water sources and their dependent ecosystems,
(f) the change in the extent to which domestic and stock rights and native title rights requirements have been met,
(g) the change in economic benefits derived from water extraction and use,
(h) the change in the extent to which water has been made available in recognition of Aboriginal, cultural and heritage values of water sources.
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 under Part 4 of this Plan, and
(b) the requirements for water for basic landholder rights identified in Division 2 of Part 5 of this Plan, and
(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 under Part 11 of this Plan.
The bulk access regime for these water sources:
(a) recognises and is consistent with the limits on the availability of water set in relation to these water sources contained in Division 1 of Part 7 of this Plan, and
(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, and
(c) recognises the effect of climatic variability on the availability of water as described in clause 15, and
(d) establishes rules with respect to the priorities according to which water allocations are to be adjusted as a consequence of any reduction in the availability of water due to an increase in average annual extraction against the long-term average annual extraction limit contained in Division 1 of Part 7 of this Plan, and
(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 set out in section 5 of the Act.
This Plan recognises the effects of climatic variability on river flow and groundwater levels in these water sources by provisions that:
(a) manage the sharing of water in these water sources within the limits of water availability on a long-term average annual basis and the priorities according to which water allocations are to be adjusted as a consequence of any reduction in the availability of water due to an increase in 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 Division 2 of Part 9 of this Plan.
Other statutory tools are available to manage for climatic variability within a water source, for example, temporary water restrictions under section 324 of the Act.
1 This Part is made in accordance with sections 8, 8A and 20 of the Act.
2 Part 12 allows for amendments to be made to this Part.
This Part contains environmental water rules for the commitment, identification, establishment and maintenance of planned environmental water in these water sources.
In accordance with the Act,
Water is committed and identified as planned environmental water in these water sources in the following ways:
(a) by reference to the commitment of the physical presence of water in these water sources,
(b) by reference to the long-term average annual commitment of water as planned environmental water,
(c) by reference to the water that is not committed after the commitments to basic landholder rights and for sharing and extraction under any other rights have been met.
Planned environmental water is established in these water sources as follows:
(a) it is the physical presence of water in these water sources that results from the access rules specified in Division 2 of Part 9 of this Plan,
Note— The rules in Division 2 of Part 8 of this Plan for these water sources set flow rates or flow levels below which the taking of water is not permitted. Some limited exemptions apply.
(b) it is 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 limits 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,
(c) it is the water remaining in these water sources after water has been taken pursuant to basic landholder rights and access licences in accordance with the rules specified in Parts 7 and 9 of this Plan.
The planned environmental water established under subclause (1) (a) is maintained in these water sources by the rules specified in Division 2 of Part 9 of this Plan.
The planned environmental water established under subclause (1) (b) is maintained in these water sources by the application of the long-term average annual extraction limits 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.
The planned environmental water established under subclause (1) (c) is maintained in these water sources by the rules specified in Parts 7 and 9 of this Plan.
The rules in Part 7 of this Plan ensure that there will be water remaining in these water sources over the long term by maintaining compliance with the long-term average annual extraction limits. The rules in Part 7 of this Plan provide for a reduction in available water determinations when the long-term average annual extraction limits have been assessed to have been exceeded.
This Part identifies the requirements for water from these water sources for basic landholder rights (Division 2) and for extraction under access licences (Division 3).
The amounts of water specified in this Part represent the estimated water requirements of persons entitled to basic landholder rights in these water sources and the total volumes or unit shares specified in the share components of all access licences in these water sources. The actual volumes of water available for extraction in these water sources at any time will depend on factors such as climatic variability, access licence priority and the rules in this Plan.
This Plan recognises that basic landholder rights in these water sources and the total share components of all access licences authorised to extract water from these water sources may change during the term of this Plan. This Plan manages such changes by having provisions that manage the sharing of water within the limits of water availability, as provided for in Division 1 of Part 7 of this Plan.
The total share components of access licences in these water sources may change during the term of this Plan as a result of:
(a) the grant, surrender or cancellation of access licences in these water sources, or
(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.
At the commencement of this Plan the water requirements of persons entitled to domestic and stock rights in these water sources are estimated to total 287 megalitres per year (
(a) 15 ML/year in the Belimbla Creek Water Source,
(b) 4 ML/year in the Brou Lake Water Source,
(c) 1 ML/year in the Bumberry Creek Water Source,
(d) 8 ML/year in the Bumbo Creek Water Source,
(e) 4 ML/year in the Coila Lake Water Source,
(f) 11 ML/year in the Corunna Lake Water Source,
(g) 5 ML/year in the Gulph Creek Water Source,
(h) 4 ML/year in the Lake Mummuga Water Source,
(i) 1 ML/year in the Little and Big Belimbla Creeks Water Source,
(j) 8 ML/year in the Mellion Creek Water Source,
(k) 7 ML/year in the Mid Tuross River Water Source,
(l) 26 ML/year in the Reedy Creek Water Source,
(m) 4 ML/year in the Swamp Creek Water Source,
(n) 7 ML/year in the Tilba Tilba Lake Water Source,
(o) 0 ML/year in the Tuross Estuary Tributaries Water Source,
(p) 47 ML/year in the Tuross River Water Source,
(q) 38 ML/year in the Upper Tuross River Water Source,
(r) 12 ML/year in the Wadbilliga River Water Source,
(s) 9 ML/year in the Wagonga Inlet Tributaries Water Source,
(t) 1 ML/year in the Woila Creek Water Source,
(u) 22 ML/year in the Yowrie River Water Source,
(v) 53 ML/year in the Wandella Creek Water Source.
1 Domestic and stock rights are set out in Division 1 of Part 1 of Chapter 3 of the Act and must be exercised in accordance with any mandatory guidelines established under the Act with respect to the taking and use of water for domestic consumption or stock watering.
2 Inherent water quality and land use activities may make the water in some areas unsuitable for human consumption. Water from these water sources should not be consumed without first being tested and, if necessary, appropriately treated. Such testing and treatment is the responsibility of the water user.
At the commencement of this Plan, there are no native title rights in these water sources. Therefore the water requirements for native title rights are 0 ML/year.
A change in native title rights may occur pursuant to the provisions of the Native Title Act 1993 of the Commonwealth.
The requirement for water under harvestable rights in these water sources is equal to the total amount of water that owners or occupiers of landholdings are entitled to capture and store pursuant to a harvestable rights order made under Division 2 of Part 1 of Chapter 3 of the Act.
It is estimated that at the time of commencement of this Plan the share components of domestic and stock access licences authorised to take water from these water sources total 66 ML/year, distributed as follows:
(a) 0 ML/year in the Belimbla Creek Water Source,
(b) 0 ML/year in the Brou Lake Water Source,
(c) 0 ML/year in the Bumberry Creek Water Source,
(d) 0 ML/year in the Bumbo Creek Water Source,
(e) 5 ML/year in the Coila Lake Water Source,
(f) 6.5 ML/year in the Corunna Lake Water Source,
(g) 0 ML/year in the Gulph Creek Water Source,
(h) 0 ML/year in the Lake Mummuga Water Source,
(i) 0 ML/year in the Little and Big Belimbla Creeks Water Source,
(j) 0 ML/year in the Mellion Creek Water Source,
(k) 0 ML/year in the Mid Tuross River Water Source,
(l) 0 ML/year in the Reedy Creek Water Source,
(m) 0 ML/year in the Swamp Creek Water Source,
(n) 13.5 ML/year in the Tilba Tilba Lake Water Source,
(o) 11 ML/year in the Tuross Estuary Tributaries Water Source,
(p) 17 ML/year in the Tuross River Water Source,
(q) 0 ML/year in the Upper Tuross River Water Source,
(r) 0 ML/year in the Wadbilliga River Water Source,
(s) 0 ML/year in the Wagonga Inlet Tributaries Water Source,
(t) 0 ML/year in the Woila Creek Water Source,
(u) 0 ML/year in the Yowrie River Water Source,
(v) 13 ML/year in the Wandella Creek Water Source.
It is estimated that at the time of commencement of this Plan the share components of local water utility access licences authorised to take water from these water sources total 1,021 ML/year, distributed as follows:
(a) 902 ML/year in the Tuross River Water Source,
(b) 40 ML/year in the Wagonga Inlet Tributaries Water Source,
(c) 79 ML/year in the Wandella Creek Water Source,
(d) 0 ML/day in all other water sources.
It is estimated that at the time of commencement of this Plan the share components of unregulated river access licences authorised to take water from these water sources total 7,292.1 unit shares, distributed as follows:
(a) 0 unit shares in the Belimbla Creek Water Source,
(b) 0 unit shares in the Brou Lake Water Source,
(c) 0 unit shares in the Bumberry Creek Water Source,
(d) 313 unit shares in the Bumbo Creek Water Source,
(e) 75 unit shares in the Coila Lake Water Source,
(f) 4.8 unit shares in the Corunna Lake Water Source,
(g) 0 unit shares in the Gulph Creek Water Source,
(h) 5 unit shares in the Lake Mummuga Water Source,
(i) 0 unit shares in the Little and Big Belimbla Creeks Water Source,
(j) 0 unit shares in the Mellion Creek Water Source,
(k) 0 unit shares in the Mid Tuross River Water Source,
(l) 8 unit shares in the Reedy Creek Water Source,
(m) 260 unit shares in the Swamp Creek Water Source,
(n) 103.5 unit shares in the Tilba Tilba Lake Water Source,
(o) 10 unit shares in the Tuross Estuary Tributaries Water Source,
(p) 5,531.8 unit shares in the Tuross River Water Source,
(q) 40 unit shares in the Upper Tuross River Water Source,
(r) 100 unit shares in the Wadbilliga River Water Source,
(s) 82 unit shares in the Wagonga Inlet Tributaries Water Source,
(t) 0 unit shares in the Woila Creek Water Source,
(u) 208 unit shares in the Yowrie River Water Source,
(v) 551 unit shares in the Wandella Creek Water Source.
It is estimated that at the time of commencement of this Plan the share components of unregulated river (high flow) access licences authorised to take water from these water sources total 0 unit shares, distributed as follows:
(a) 0 unit shares in the Gulph Creek Water Source,
(b) 0 unit shares in the Reedy Creek Water Source,
(c) 0 unit shares in the Swamp Creek Water Source,
(d) 0 unit shares in the Tuross River Water Source,
(e) 0 unit shares in the Upper Tuross River Water Source,
(f) 0 unit shares in the Wadbilliga River Water Source,
(g) 0 unit shares in the Yowrie River Water Source.
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. Part 11 of this Plan allows for a specified amount of share components to be converted to unregulated river (high flow) access licences in these water sources. However, at the commencement of this Plan, there are no existing access licences of this category, hence the 0 unit shares indicated.
It is estimated that at the time of commencement of this Plan the share components of aquifer access licences authorised to take water from these water sources total 143 unit shares, distributed as follows:
(a) 1 unit share in the Bumbo Creek Water Source,
(b) 10 unit shares in the Tuross Estuary Tributaries Water Source,
(c) 120 unit shares in the Tuross River Water Source,
(d) 12 unit shares in the Wagonga Inlet Tributaries Water Source,
(e) 0 unit shares in all other water sources.
Subject to subclause (2), Bega Valley Shire Council must release 3 litres per second from Illawambra Dam when there is a visible flow at the v-notch weir upstream of Illawambra Dam (GS218010).
There is no requirement for Bega Valley Shire Council to release water from Illawambra Dam when:
(a) Bega Valley Shire Council is not taking water from Illawambra Dam, or
(b) in the Minister’s opinion, there is a water supply emergency in the Brogo River.
For the purposes of this subclause, a water supply emergency may include, but is not limited to an algal bloom or the failure of water supply infrastructure.
Part 13 allows for amendments to be made to this Part.
The availability of water for extraction in these water sources on a long-term basis is to be managed in accordance with this Part.
Subject to any variation under subclause (3), the long-term average annual extraction limit for the Tuross River EMU is the sum of:
(a) the share components of all access licences in the Tuross River EMU, plus
(b) the annual water requirements pursuant to domestic and stock rights and native title rights in the Tuross EMU.
The long-term average annual extraction limit for the Tuross Coastal Streams EMU is the sum of:
(a) the share components of all access licences in the Tuross Coastal Streams EMU, plus
(b) the annual water requirements pursuant to domestic and stock rights and native title rights in the Tuross Coastal Streams EMU.
The long-term average annual extraction limit for the Tuross River EMU may be varied upon the conversion of an access licence from an unregulated river access licence to an unregulated river (high flow) access licence.
Any variation under subclause (3) will result in the long-term average annual extraction limit being reduced by the amount of cancelled share component of the unregulated river access licence and increased by the amount of share component of the granted unregulated river (high flow) access licence.
Under section 8F of the Act the long-term average annual extraction limit is taken to be varied by the amount of any change to the amount of water committed as licensed environmental water, excluding water committed under section 8C of the Act. Water committed as licensed environmental water is not to be accounted for as extraction. The variation in the long-term average annual extraction limit is to be determined in accordance with a methodology approved by the Minister and published in the Gazette.
After each water year, the total volume of water taken during that water year:
(a) under all categories of access licence in the water source, and
(b) pursuant to domestic and stock rights and native title rights,
must be calculated for each of the EMUs.
An assessment of average annual extractions against the long-term average annual extraction limit is to be conducted for each of the EMUs as set out in this clause.
Commencing in the fourth water year in which this Plan has effect, the assessments referred to in subclause (1) must compare the long-term average annual extraction limit established under clause 30 for each of the EMUs against the average annual extractions in the preceding three water years as calculated under clause 31 for that EMU.
Compliance with the long-term average annual extraction limit established for each of the EMUs is to be managed in accordance with this clause.
Commencing in the fourth water year in which this Plan has effect, if, in the Minister’s opinion, the assessment under clause 32 demonstrates that the average of the annual extractions in the Tuross River EMU over the preceding three water years has exceeded the long-term average annual extraction limit established under clause 30 for that EMU by 5% or more, then available water determinations for unregulated river access licences, unregulated river (high flow) access licences and aquifer access licences in that EMU are to be reduced for the following water year in accordance with subclause (4).
Commencing in the fourth water year in which this Plan has effect, if, in the Minister’s opinion, the assessment under clause 32 demonstrates that the average of the annual extractions in the Tuross Coastal Streams EMU over the preceding three water years has exceeded the long-term average annual extraction limit established under clause 30 for that EMU by 5% or more, then available water determinations for unregulated river access licences and aquifer access licences in that EMU are to be reduced for the following water year in accordance with subclause (4).
A reduction made under subclauses (2) and (3) is to be of an amount that is, in the Minister’s opinion, necessary to return the long-term average annual extractions in the respective EMUs to the long-term average annual extraction limit for that EMU established under this Part.
Available water determinations for access licences with share components that specify any one of these water sources are to be expressed as either:
(a) a percentage of the share component for access licences where share components are specified as ML/year, or
(b) megalitres per unit share for access licences where share components are specified as a number of unit shares.
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 must not, in any water year, exceed:
(a) 100% of the access licence share component, or such lower amount that is determined under Division 1 of this Part, for all access licences where share components are specified as ML/year, or
(b) 1 megalitre (
ML ) per unit share of the access licence share component, or such lower amount that is determined under Division 1 of this Part, for all access licences where share components are specified as a number of unit shares.
For the first water year in which this Plan has effect, subclause (2) does not apply to access licences with a share component that specifies one of these water sources.
In making available water determinations at the commencement of this Plan, the Minister should consider the rules in this clause.
At the commencement of this Plan, the following available water determinations should be made for access licences with a share component that specifies one of these water sources, excluding the Wandella Creek Water Source:
(a) 200% of the access licence share component for domestic and stock access licences,
(b) 200% of the access licence share component for local water utility access licences,
(c) 2 megalitres per unit of share component for unregulated river access licences,
(d) 2 megalitres per unit of share component for unregulated river (high flow) access licences,
(e) 2 megalitres per unit of share component for aquifer access licences.
For the Wandella Creek Water Source, the following available water determinations should be made for access licences with a share component that specifies one of these water sources:
(a) 100% of the access licence share component for domestic and stock access licences,
(b) 100% of the access licence share component for local water utility access licences,
(c) 1 megalitre per unit of share component for unregulated river access licences,
(d) 1 megalitre per unit of share component for unregulated river (high flow) access licences,
(e) 1 megalitre per unit of share component for aquifer access licences.
In making available water determinations after the first water year in which this Plan has effect, the Minister should consider the rules in this clause.
At the commencement of each water year after the first water year in which this Plan has effect, the following available water determinations should be made for access licences with a share component that specifies one of these water sources:
(a) 100% of the access licence share component for domestic and stock access licences,
(b) 100% of the access licence share component for local water utility access licences,
(c) 1 megalitre per unit of share component for unregulated river access licences,
(d) 1 megalitre per unit of share component for unregulated river (high flow) access licences,
(e) 1 megalitre per unit of share component for aquifer access licences,
or such lower amount that results from Division 1 of this Part.
Division 1 of this Part provides for available water determinations for unregulated river access licences, unregulated river (high flow) access licences and aquifer access licences to be reduced where the long-term average annual extraction limit for the EMU has been assessed to have been exceeded, as per clauses 32 and 33.
1 This Part is made in accordance with sections 20, 61 and 63 of the Act.
2 Access licences granted in these water sources will be subject to mandatory conditions and discretionary conditions.
Section 61 of the Act allows for the granting of specific purpose access licences under the regulations and the relevant water sharing plan. Only those specific purpose access licences listed in clause 10 of the Water Management (General) Regulation 2011 can be granted under the regulations. The licences that may be applied for under subclause (2) are in addition to applications for the categories and subcategories of specific purpose access licences that may be made in accordance with clause 10 of the Water Management (General) Regulation 2011.
A specific purpose access licence must not be granted in these water sources unless the Minister is satisfied that the share and extraction component of the access licence is the minimum required to meet the circumstances in which the access licence is proposed to be used.
Applications may be made for an unregulated river (subcategory “Aboriginal community development”) access licence in any of the following water sources:
(a) Gulph Creek Water Source,
(b) Mid Tuross River Water Source,
(c) Reedy Creek Water Source,
(d) Swamp Creek Water Source,
(e) Tuross River Water Source,
(f) Upper Tuross River Water Source,
(g) Wadbilliga River Water Source,
(h) Yowrie River Water Source,
(i) Wandella Creek Water Source.
1 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.
2 The Water Management (General) Regulation 2011 will provide for the creation of new access licences that authorise the taking of water between the defined tidal limit and the mangrove limit in the Bumbo Creek Water Source, Tuross Estuary Tributaries Water Source, Tuross River Water Source, Wagonga Inlet Tributaries Water Source (for which no entitlement has previously been required under the Water Act 1912).
Applications may not be made for an access licence of the subcategory “Aboriginal cultural” if the share component of the proposed access licence is more than 10 ML/year.
An unregulated river (subcategory “Aboriginal community development”) access licence will not be granted in these water sources if the granting of the access licence would cause the total of the share components of unregulated river (subcategory “Aboriginal community development”) access licences to exceed 500 ML/year in all the water sources listed in subclause (2).
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.
The Minister may grant an access licence where the right to apply for the licence has been acquired in accordance with an order made under section 65 of the Act.
1 Part 13 of this Plan allows for amendments to be made to this Part.
2 The Act provides for the keeping of water allocation accounts for access licences. The rules in this Part impose further restrictions on the volume of water that may be taken under an access licence over a specified period of time. These restrictions are in addition to any other limits on access licences for the taking of water. It is an offence under the Act to take water under an access licence for which there is no or insufficient water allocation.
The rules in this clause apply to the taking of water under an access licence with a share component that nominates one of these water sources.
For the period of the first three water years in which this Plan has effect, water taken under an access licence must not exceed a volume equal to:
(a) 50% of the water allocations accrued to the water allocation account for the access licence from available water determinations in the first water year, plus
(b) the sum of water allocations accrued to the water allocation account for the access licence from available water determinations in the second and third water years, plus
(c) the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act in those three water 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 three water years.
For the period of any three consecutive water years after the first water year in which this Plan has effect, water taken under an access licence must not exceed a volume equal to the lesser of:
(a) the sum of:
(i) water allocations accrued to the water allocation account for the access licence from available water determinations in those three water years, and
(ii) the water allocations carried over in the water allocation account for the access licence from the water year prior to those three water years under subclause (4), and
(iii) the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act in those three water years, and
(iv) any water allocations re-credited to the water allocation account for the access licence in accordance with section 76 of the Act in those three water years, or
(b) the sum of:
(i) the share component of the access licence at the beginning of the first of those three water years, and
(ii) the share component of the access licence at the beginning of the second of those three water years, and
(iii) the share component of the access licence at the beginning of the third of those three water years, and
(iv) the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act in those three water years, and
(v) any water allocations recredited to the water allocation account for the access licence in accordance with section 76 of the Act in those three water years.
The maximum water allocation that can be carried over from one water year to the next in the water allocation account for an access licence is equal to:
(a) 100% of the access licence share component for access licences with share components expressed as ML/year, or
(b) 1 ML per unit share of the access licence share component for access licences with share components expressed as a number of unit shares.
The rules in this Division apply to the taking of water under an access licence with a share component that specifies one of these water sources.
This Plan establishes the flow classes specified in Column 3 of Table B to this clause for the sharing of flows on a daily basis in these water sources.
The flow classes in Column 3 of Table B and the flow reference points specified in Column 6 of Table B are established for each water source specified in Column 1 of Table B and each management zone specified in Column 2 of Table B.
Subject to subclause (4), a flow class applies in the respective water source on the day specified in Column 7 of Table B when the flow (ML/day) as measured at the flow reference point specified in Column 6 of Table B is equal to the flow specified in Column 5 of Table B.
If, in the Minister’s opinion, accurate flow data is not available on a particular day from a flow measuring gauge used to determine a flow class, the Minister may determine the flow class that applies for that day and notify the licence holder in writing of the flow class that applies for that day. For the purpose of this subclause, notification includes publishing a notice on the Department’s website.
For the purpose of determining the flow class that applies on a particular day under subclause (4), the Minister may take into consideration evidence of past and current flows and readings at other functioning upstream and downstream gauges.
On days that accurate flow data is not available, holders of access licences may contact the Department’s Bega, Nowra or Wollongong office at the addresses listed in Appendix 2 or check the Department’s website to find out what flow class applies on that day.
The flow classes commence in the year specified in Column 4 of Table B.
For the purposes of this Plan:
(a) Year 1 of this Plan means from 1 July 2016 to 30 June 2017, and(b) Year 6 of this Plan means from 1 July 2021 to 30 June 2022.
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) | Flow reference point | Day on which flow class applies |
Gulph Creek Water Source, Reedy Creek Water Source, Swamp Creek Water Source, Tuross River Water Source | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 3 ML/day | Tuross River at Eurobodalla gauge (218008) | Same day | |
Low Flow Class | More than 3 ML/day and less than or equal to 5 ML/day | |||||
A1 Class | More than 5 ML/day and less than or equal to 20 ML/day | |||||
A2 Class | More than 20 ML/day and less than or equal to 50 ML/day | |||||
B Class | More than 50 ML/day and less than or equal to 200 ML/day | |||||
C Class | More than 200 ML/day | |||||
Mid Tuross River Water Source | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 5 ML/day | Tuross River downstream of Wadbilliga River Junction gauge (218005) | Same day | |
A Class | More than 5 ML/day and less than or equal to 120 ML/day | |||||
C Class | More than 120 ML/day | |||||
Upper Tuross River Water Source | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 2 ML/day | Tuross River at Tuross Vale gauge (218001) | Same day | |
A Class | More than 2 ML/day and less than or equal to 24 ML/day | |||||
C Class | More than 24 ML/day | |||||
Wadbilliga River Water Source | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 2 ML/day | Wadbilliga River at Wadbilliga gauge (218007) | Same day | |
A Class | More than 2 ML/day and less than or equal to 25 ML/day | |||||
C Class | More than 25 ML/day | |||||
Wandella Creek Water Source | Wandella Creek Downstream Management Zone | Very Low Flow Class | Year 1 of this Plan | No visible flow | Wandella Road causeway | Same day |
B Class | Year 1 of this Plan | Visible flow at the Wandella Road causeway and less than or equal to 13 ML/day at the Wadbilliga River at Wadbilliga gauge (218007) | Wandella Road causeway and Wadbilliga River at Wadbilliga gauge (218007) | Same day | ||
C Class | Year 1 of this Plan | More than 13 ML/day and less than or equal to 32 ML/day | Wadbilliga River at Wadbilliga gauge (218007) | Same day | ||
D Class | Year 1 of this Plan | More than 32 ML/day | Wadbilliga River at Wadbilliga gauge (218007) | Same day | ||
Yowrie River Water Source | Very Low Flow Class | Year 1 of this Plan | Less than or equal to 5 ML/day | Tuross River downstream of Wadbilliga River Junction gauge (218005) | Same day | |
A Class | More than 5 ML/day and less than or equal to 120 ML/day | |||||
C Class | More than 120 ML/day |
1 B Class is nominally defined as flows between the 50th and 80th percentiles. B Class flows were not defined for the Upper Tuross River Water Source, the Wadbilliga River Water Source or the Yowrie River Water Source. For these water sources, A Class flows range from approximately the 50th to the 95th percentile.
2 The flow percentiles below refer to flows at the gauge and include all days of record.
(a) For the Tuross River at Eurobodalla gauge (218008):
(i) 3 ML/day corresponds to the estimated 95th percentile flow,
(ii) 5 ML/day corresponds to the estimated 94th percentile flow,
(iii) 20 ML/day corresponds to the estimated 88th percentile flow,
(iv) 50 ML/day corresponds to the estimated 79th percentile flow, and
(v) 200 ML/day corresponds to the estimated 42nd percentile flow.
(b) For the Tuross River at Tuross Vale gauge (218001):
(i) 2 ML/day corresponds to the estimated 95th percentile flow, and
(ii) 24 ML/day corresponds to the estimated 50th percentile flow.
(c) For the Wadbilliga River at Wadbilliga gauge (218007):
(i) 2 ML/day corresponds to the estimated 95th percentile flow,
(ii) 13 ML/day corresponds to the estimated 57th percentile flow,
(iii) 25 ML/day corresponds to the estimated 50th percentile flow, and
(iv) 32 ML/day corresponds to the estimated 33rd percentile flow.
(d) For the Tuross River downstream of Wadbilliga River Junction gauge (218005):
(i) 5 ML/day corresponds to the estimated 95th percentile flow, and
(ii) 120 ML/day corresponds to the estimated 50th percentile flow.
This clause applies to the taking of water under an access licence from these water sources, excluding the taking of water under an access licence:
(a) used in association with an aquifer interference activity that is an approved EPA Act development when:
(i) in the Minister’s opinion, there are no reasonably practicable measures the access licence holder can take to comply with the access rules under this clause, and
(ii) the access licence holder has a water management plan for the aquifer interference activity that has been approved in accordance with the development consent for the activity under the Environmental Planning and Assessment Act 1979, and
(iii) the water management plan includes conditions that require the return of water to the water source to mitigate the taking of water during times when the access rules apply under this clause, or
(b) used in association with an aquifer interference activity when:
(i) in the Minister’s opinion, there are no reasonably practicable measures the access licence holder can take to comply with the access rules under this clause, and
(ii) the access licence holder has a water management plan for the aquifer interference activity that has been approved by the Minister, and
(iii) the water management plan includes conditions that require the return of water to the water source to mitigate the taking of water during times when the access rules apply under this clause,
(c) from these alluvial sediments.
Subject to subclause (17), water must not be taken under an access licence with a share component that specifies a water source with a Very Low Flow Class that has commenced, when flows in that water source are in the Very Low Flow Class. This subclause does not apply to the taking of water:
(a) from an off-river pool, or
Note— Off-river pool is defined in the Dictionary.(b) under an access licence listed in Column 1 of the table in Schedule 1 to this Plan.
Subject to subclause (17), from the commencement of Year 6 of this Plan, water must not be taken under an access licence with a share component that specifies a water source with a Low Flow Class that has commenced, when flows in that water source are in the Low Flow Class. This subclause does not apply to the taking of water:
(a) from an off-river pool, or
(b) under an access licence listed in Column 1 of the table in Schedule 1 of this Plan, or
(c) under an access licence from one of the following water sources, if the holder of the access licence has been accredited for that water source under the Tuross River Health Agreement:
(i) Gulph Creek Water Source,
(ii) Reedy Creek Water Source,
(iii) Swamp Creek Water Source,
(iv) Tuross River Water Source.
Note— Licence holders can become accredited under the Tuross River Health Agreement by implementing and maintaining a range of practices that contribute positively to river health. By establishing different access rules for accredited and non-accredited licence holders, this Plan aims to encourage licence holders to undertake activities that contribute to improved river health.
For the purpose of subclause (3) (c), the licence holder must have received confirmation in writing from the Department, acknowledging accreditation, before taking water in accordance with subclause (3) (c).
The Department will contact the South East Local Land Services to determine which licence holders have been accredited under the scheme for the purpose of providing confirmation in writing to licence holders acknowledging accreditation.
Subject to subclause (17), water must not be taken under an access licence when there is no visible flow at the location at which water is proposed to be taken. This subclause does not apply to the taking of water from an in-river pool or an off-river pool.
Subject to subclause (17), water must not be taken under an access licence from an off-river pool when the volume of water in that pool is less than the full capacity of the pool.
Subject to subclause (17), in water sources where flow classes have not commenced, water must not be taken under an access licence from an in-river pool when the volume of water in that pool is less than the full capacity of the pool. This subclause does not apply to the taking of water under an access licence listed in Column 1 of the table in Schedule 1 of this Plan.
Water must not be taken under an access licence specified in Column 1 of the table in Schedule 2, with a share component that specifies the water source in Column 2 of the table in Schedule 2, in contradiction of the access rule specified in Column 3 of the table in Schedule 2. This subclause does not apply to the taking of water from an in-river dam pool or a runoff harvesting dam pool.
Those former Water Act 1912 entitlements and the cease to take conditions that have been identified as being higher than the upper limit of the relevant Very Low Flow Class or the access rules specified in subclauses (2), (3) and (5)–(7) are listed in Schedule 2.
The cease to take condition that arises from subclause (8) only applies to water supply works that were nominated by the access licence at the commencement of this Plan.
The cease to take condition that arises from subclause (8) will apply to a water supply work nominated by an access licence that is granted as a result of a subdivision of the original access licence under section 71P (1) (a) of the Act, if that water supply work was nominated by the original access licence at the commencement of this Plan. For the purposes of this subclause, the original access licence will include the replacement access licence arising from the Water Act 1912 entitlement together with any subsequent access licences that may arise from future subdivisions of those licences.
Subject to subclause (17), water may only be taken under an access licence specified in Column 1 of the table in Schedule 1 from the water source specified in Column 3 of the table in Schedule 1 in accordance with the access rule specified in Column 2 of the table in Schedule 1.
The cease to take condition that arises from subclause (11) only applies to water supply works that were nominated by the access licence at the commencement of this Plan.
The cease to take condition that arises from subclause (11) will apply to a water supply work nominated by an access licence that is granted as a result of a subdivision of the original access licence under section 71P (1) (a) of the Act, if that water supply work was nominated by the original access licence at the commencement of this Plan. For the purposes of this subclause, the original access licence will include the replacement access licence arising from the Water Act 1912 entitlement together with any subsequent access licences that may arise from future subdivisions of those licences.
Water must not be taken under an unregulated river (high flow) access licence or an unregulated river (“Aboriginal community development”) access licence with a share component that specifies one of the following water sources when flows in that water source are in the Very Low Flow Class, the Low Flow Class, A Class or B Class:
(a) Gulph Creek Water Source,
(b) Mid Tuross River Water Source,
(c) Reedy Creek Water Source,
(d) Swamp Creek Water Source,
(e) Tuross River Water Source,
(f) Upper Tuross River Water Source,
(g) Wadbilliga River Water Source,
(h) Wandella Creek Water Source,
(i) Yowrie River Water Source.
Water must not be taken under an access licence from:
(a) an in-river dam pool, or
(b) a runoff harvesting dam pool,
created by a structure authorised by a water supply work approval, when flows or storage levels in that pool are at or less than a cease to take condition that was specified on the Water Act 1912 entitlement that the access licence replaces.
Water must not be taken from an in-river dam pool unless the in-river dam is:
(a) constructed, operated and maintained in accordance with any conditions specified on the water supply work approval for the in-river dam, and
(b) passing such flows in such circumstances as are specified on the water supply work approval for the in-river dam.
Subclauses (2), (3), (5)–(7) and (11) do not apply to the following:
(a) the taking of water under an access licence or an access licence which replaces a Water Act 1912 entitlement to which clause 1 of Schedule 3 applies, for any of the purposes listed below, provided that the volume of water taken does not exceed 20 kilolitres per day per access licence or such lower amount specified in accordance with subclause (18):
(i) fruit washing,
(ii) cleaning of dairy plant and equipment for the purpose of hygiene,
(iii) poultry watering and misting,
(iv) cleaning of enclosures used for intensive animal production for hygiene purposes,
(b) the taking of water for domestic consumption only under a domestic and stock access licence or a domestic and stock (subcategory “domestic”) access licence that existed at the commencement of this Plan, excluding access licences with a share component that specifies the Wandella Creek Water Source, provided that the volume of water taken does not exceed 1 kilolitre per house supplied by the access licence per day,
(c) the taking of water for domestic consumption only under a domestic and stock access licence or a domestic and stock (subcategory “domestic”) access licence with a share component that specifies the Wandella Creek Water Source, that existed at the commencement of the Water Sharing Plan for the Wandella Creek Water Source 2003, provided that the volume of water taken does not exceed 1 kilolitre per house supplied by the access licence per day,
(d) the taking of water for stock watering only under a domestic and stock access licence or a domestic and stock (subcategory “stock”) access licence:
(i) that existed at the commencement of this Plan, and
(ii) with a share component that specifies one of these water sources, excluding the Wandella Creek Water Source,
for the first three years of this Plan, provided that the volume of water taken does not exceed 14 litres per hectare of grazeable area per day,
Note— Grazeable area is defined in the Dictionary.(e) the taking of water using a runoff harvesting dam or from an in-river dam pool,
Note— Runoff harvesting dam is defined in the Dictionary.(f) the taking of water under a local water utility access licence or an access licence of the subcategory “Town water supply” to which clause 2 or 3 of Schedule 3 applies,
(g) the taking of water under an access licence to which Schedule 1 applies.
The Minister may reduce the maximum daily volume limit imposed by the rule under subclause (17) (a) if the Minister is satisfied that the reduced volume is satisfactory to meet the relevant purpose referred to in that subclause.
The method by which the Minister can reduce the maximum daily volume limit is by amending the mandatory conditions of the relevant water supply work approval. Under section 102 (3) of the Act, the mandatory conditions of an approval may be imposed, amended, revoked or suspended by the Minister whenever it is necessary to do so in order to enable compliance with or give effect to a relevant management plan.
The rules in this clause apply to the taking of water under an access licence from these alluvial sediments. This clause does not apply to the taking of water:
(a) using a water supply work that is located more than 40 metres from the top of the high bank of a river, or
(b) under an access licence used only to account for the taking of water in association with an aquifer interference activity for an approved EP& Act development when:
(i) in the Minister’s opinion, there are no reasonably practicable measures the access licence holder can take to comply with the access rules under this clause, and
(ii) the access licence holder has a water management plan for the aquifer interference activity that has been approved in accordance with the development consent for the activity under the Environmental Planning and Assessment Act 1979, and
(iii) the water management plan includes conditions that require the return of water to the water source to mitigate the taking of water during times when the access rules apply under this clause, or
(c) under an access licence used only to account for the taking of water in association with an aquifer interference activity when:
(i) in the Minister’s opinion, there are no reasonably practicable measures the access licence holder can take to comply with the access rules under this clause, and
(ii) the access licence holder has a water management plan for the aquifer interference activity that has been approved by the Minister, and
(iii) the water management plan includes conditions that require the return of water to the water source to mitigate the taking of water during times when the access rules apply under this clause.
Subject to subclause (6), water must not be taken under the following access licences with a share component that specifies a water source with a Very Low Flow Class that has commenced, when flows in that water source are in the Very Low Flow Class:
(a) an aquifer access licence that has arisen from a conversion from an unregulated river access licence,
(b) an access licence, other than an aquifer access licence, that nominates a water supply work that is capable of being used to take water from these alluvial sediments.
Subject to subclause (6), water must not be taken under the following access licences when there is no visible flow in the river immediately adjacent to the water supply work from which the water is proposed to be taken:
(a) an aquifer access licence that has arisen from a conversion from an unregulated river access licence,
(b) an access licence, other than an aquifer access licence, that nominates a water supply work that is capable of being used to take water from these alluvial sediments.
Subject to subclause (6), from Year 6 of this Plan water must not be taken under an access licence with a share component that specifies a water source with a Very Low Flow Class that has commenced, when flows in that water source are in the Very Low Flow Class. This subclause does not apply to:
(a) an aquifer access licence that has arisen from a conversion from an unregulated access licence, or
(b) an access licence, other than an aquifer access licence, that nominates a water supply work that is capable of being used to take water from these alluvial sediments.
Subject to subclause (6), from Year 6 of this Plan water must not be taken under an access licence when there is no visible flow in the river immediately adjacent to the water supply work from which the water is proposed to be taken. This subclause does not apply to:
(a) an aquifer access licence that has arisen from a conversion from an unregulated access licence, or
(b) an access licence, other than an aquifer access licence, that nominates a water supply work that is capable of being used to take water from these alluvial sediments.
Subclauses (2)–(5) do not apply to the following:
(a) the taking of water under an access licence to which clause 1 of Schedule 4 applies, for any of the purposes listed below, provided that the volume of water taken does not exceed 20 kilolitres per day per access licence, or such lower amount specified on the access licence in accordance with subclause (7):
(i) fruit washing,
(ii) cleaning of dairy plant and equipment for the purpose of hygiene,
(iii) poultry watering and misting,
(iv) cleaning of enclosures used for intensive animal production for the purposes of hygiene,
(b) the taking of water for domestic consumption only under a domestic and stock access licence or a domestic and stock (subcategory “domestic”) access licence excluding access licences with a share component that specifies the Wandella Creek Water Source that existed at the commencement of this Plan, provided that the volume of water taken does not exceed 1 kilolitre per house supplied by the access licence per day,
(c) the taking of water for domestic consumption only under a domestic and stock access licence or a domestic and stock (subcategory “domestic”) access licence with a share component that specifies the Wandella Creek Water Source that existed at the commencement of the Water Sharing Plan for the Wandella Creek Water Source 2003, provided that the volume of water taken does not exceed 1 kilolitre per house supplied by the access licence per day,
(d) the taking of water under a local water utility access licence or an access licence of the subcategory “Town water supply” to which clause 2 of Schedule 4 applies.
The Minister may amend a water supply work approval to reduce the maximum daily volume limit imposed by the rule under subclause (6) (a) if the Minister is satisfied that the reduced volume is satisfactory to meet the relevant purpose referred to in that subclause.
For the purposes of subclause (2),
This Plan establishes total daily extraction limits (
(a) in the Very Low Flow Class, the TDEL for a local water utility access licence listed in clause 2 of Schedule 3 is:
(i) equal to 1 ML/day when the volume of water in the Deep Creek Dam is at or above 40% capacity, and
(ii) equal to 2 ML/day when the volume of water in the Deep Creek Dam is below 40% capacity,
Note— Under Eurobodalla Shire Council’s Water Restrictions Policy (E13.7095, approved 10 September 2013), Level 4 water restrictions are triggered when the storage capacity of Deep Creek Dam is less than 40%. Any change to Council’s water restriction policy may initiate a review of the dam storage level at which the drought provision is activated under subclause (2) (a).
(b) in Low Flow Class, TDELs are equal to:
(i) for local water utility access licences, 0.5 × (F − 3) ML/day, and
(ii) for unregulated river access licences, 0.5 × (F − 3) ML/day,
(c) in A1 Class, TDELs are equal to the lesser of:
(i) for local water utility access licences,
(A) 0.5 × (F − 5) + 1 ML/day, or
(B) 5 ML/day,
(ii) for unregulated river access licences,
(A) 0.5 × (F − 5) + 1 ML/day, or
(B) 5 ML/day,
(d) in A2 Class, TDELs are equal to the lesser of:
(i) for local water utility access licences:
(A) 0.2 × (F − 20) + 5 ML/day, or
(B) 8 ML/day,
(ii) for unregulated river access licences:
(A) 0.8 × (F − 20) + 5 ML/day, or
(B) 17 ML/day,
(e) in B Class, TDELs are equal to:
(i) for local water utility access licences, 0.5 × (F − 50) + 8 ML/day,
(ii) for unregulated river access licences, 0.5 × (F − 50) + 17 ML/day.
For example in B Class, when the daily stream flow at the Tuross River at Eurobodalla gauge (218008) is 54 ML/day, a local water utility would have a TDEL equal to 10 ML/day.
In the Wandella Creek Downstream Management Zone in the Wandella Creek Water Source, TDELs for unregulated access licences and domestic and stock access licences are as follows:
(a) 2.1 ML/day in B Class,
(b) 2.6 ML/day in C Class,
(c) 7.4 ML/day in D Class.
1 Total daily extraction limit is defined in the Dictionary.
2 TDELs are an assessment tool only and will be used by the Department to determine which access licences (if any) may require individual daily extraction limits. Where TDELs have been established, continued exceedance of a TDEL may result in the imposition of individual daily extraction limits under clause 45.
At the commencement of this Plan, there are no individual daily extraction limits (
If the Minister is satisfied that an assessment of daily extraction under access licences for which a TDEL is established under clause 44 indicates that extraction under the access licences exceeds the TDEL, the Minister may amend the extraction component of an access licence under section 68A of the Act to impose an IDEL on any one or more of those access licences.
1 This Part is made in accordance with sections 5, 21 and 95 of the Act.
2 Part 13 allows for amendments to be made to this Part.
The rules in this Division apply to water supply work approvals for water supply works authorised to take water:
(a) occurring naturally on the surface of the ground within the boundaries of these water sources shown on the Plan Map, and
(b) in rivers, lakes, estuaries and wetlands within the boundaries of these water sources shown on the Plan Map.
A water supply work must not be granted or amended to authorise an in-river dam on a third order or higher stream within the following water sources:
(a) Brou Lake Water Source,
(b) Bumberry Creek Water Source,
(c) Bumbo Creek Water Source,
(d) Lake Mummuga Water Source,
(e) Little and Big Belimbla Creeks Water Source,
(f) Mid Tuross River Water Source,
(g) Tuross Estuary Tributaries Water Source,
(h) Tuross River Water Source,
(i) Wadbilliga River Water Source,
(j) Wagonga Inlet Tributaries Water Source,
(k) Woila Creek Water Source.
Water supply work approvals may be granted or amended for in-river dams on third order or higher streams within all water sources to which this Plan applies, other than those specified in subclause (1), consistent with the NSW Weirs Policy, the principles of the Act, the Fisheries Management Act 1994 and any other relevant legislation.
If the sum of the share components of access licences nominating a water supply work that is a runoff harvesting dam or an in-river dam is reduced via:
(a) a dealing, or
(b) the surrender under section 77 of the Act of an access licence and then the subsequent cancellation of that access licence under section 77A (6) of the Act, or
(c) the amendment of the share component of the access licence by the Minister under section 68A of the Act, or
(d) the cancellation of an access licence under section 78 of the Act or via the compulsory acquisition of an access licence under section 79 of the Act,
the Minister may require the modification of the dam to ensure that the capability of the dam to capture water is reduced to reflect that reduction in share component.
The Minister can require the modification of the dam by amending the mandatory conditions of the relevant water supply work approval. Under section 102 (3) of the Act, the mandatory conditions of an approval may be imposed, amended, revoked or suspended by the Minister whenever it is necessary to do so in order to enable compliance with or to give effect to a relevant management plan.
The rules in this Division apply to water supply approvals for water supply works that are authorised to take water from these alluvial sediments.
In this Division, a reference to a water supply work is limited to a water supply work that is authorised to take water from these alluvial sediments.
A water supply work approval must not be granted or amended to authorise the construction of a water supply work which, in the Minister’s opinion, is or is proposed to be located within:
(a) 100 metres of a water supply work located on another landholding that is authorised to take water from these water sources and is nominated by another access licence, or
(b) 100 metres of a water supply work located on another landholding that is authorised to take water from these water sources pursuant to basic landholder rights only, or
(c) 50 metres from the boundary of the landholding on which the water supply work is located, unless the owner of the landholding adjoining the boundary has provided consent in writing, or
(d) 500 metres of a water supply work that is authorised to take water from these water sources and is nominated by a local water utility access licence or a major utility access licence, unless the licence holder has provided consent in writing, or
(e) 100 metres of a Department observation or monitoring bore, unless the Minister has provided consent in writing.
The distance restrictions specified in subclause (1) do not apply to the grant or amendment of a water supply work approval if the Minister is satisfied that:
(a) the water supply work is solely for basic landholder rights, or
(b) the water supply work is a replacement groundwater work, or
(c) the water supply work is for the purpose of monitoring, environmental management or remedial works, or
(d) the location of the water supply work at a lesser distance would result in no more than minimal impact on existing extractions within these water sources.
For the purpose of subclause (2) (d), the Minister may require the applicant to submit a hydrogeological study to demonstrate to the Minister’s satisfaction that the location of the water supply work at a lesser distance will result in no more than minimal impact on existing extractions within these water sources.
The Minister may require the modification of a water supply work authorised under subclause (2) (d) to minimise the impact of the water supply work on existing water levels or extraction if the Minister is satisfied at a later time that the location of the water supply work is causing more than minimal impact on existing water levels or extraction.
A water supply work approval must not be granted or amended to authorise the construction of a water supply work which, in the Minister’s opinion, is or is proposed to be located:
(a) within 250 metres of the plume associated with a contamination source listed in Schedule 5, or
(b) between 250 metres and 500 metres from the plume associated with a contamination source listed in Schedule 5, unless the Minister is satisfied that no drawdown of water will occur within 250 metres of that plume.
Note— Drawdown is defined in the Dictionary.
In addition to subclause (1), a water supply work approval must not be granted or amended to authorise the construction of a water supply work which, in the Minister’s opinion, is or is proposed to be located at a distance from a plume associated with a contamination source listed in Schedule 4 that is likely to be insufficient to protect the water source or public health and safety.
The distance restrictions specified in subclause (1) do not apply to the grant or amendment of a water supply work approval if the Minister is satisfied that:
(a) the proposed distance is adequate to protect the water source, the environment and public health and safety, or
(b) the water supply work is for the purpose of monitoring, environmental management or remedial works.
For the purpose of subclause (3) (a), the Minister may require the applicant to submit a hydrogeological study to demonstrate to the Minister’s satisfaction that the location of the water supply work at a lesser distance would result in no greater impact on the water source, the environment and public health and safety.
High priority groundwater-dependent ecosystems within these groundwater sources are shown on the map called High Priority Groundwater-Dependent Ecosystem Map (GDE004_Version 1), Water Sharing Plan for the Tuross River Unregulated and Alluvial Water Sources 2016 (
The GDE Map is part of this Plan. An overview of the GDE Map is shown in Appendix 4. Copies of the GDE Map may be inspected at the offices listed in Appendix 2 and are available on the NSW legislation website.
A water supply work approval must not be granted or amended to authorise the construction of a water supply work which, in the Minister’s opinion, is or is proposed to be located within:
(a) in the case of a water supply work that will be authorised to take water pursuant to basic landholder rights only—100 metres of a high priority groundwater-dependent ecosystem shown on the GDE Map, or
(b) in the case of a water supply work that will be nominated by an access licence—200 metres of a high priority groundwater-dependent ecosystem shown on the GDE map, or
(c) 40 metres of the top of the high bank of a river.
In addition to subclause (2), a water supply work approval must not be granted or amended to authorise the construction of a water supply work which, in the Minister’s opinion, is or is proposed to be located at a distance from a high priority groundwater-dependent ecosystem shown on the GDE Map if the construction and use of the water supply work at that distance is likely to cause more than minimal drawdown of that high priority groundwater-dependent ecosystem. This subclause does not apply to water supply works that will be authorised to take water pursuant to basic landholder rights only.
The distance restrictions specified in subclause (2) (a) and (b) do not apply to the grant or amendment of a water supply work approval if the Minister is satisfied that no more than minimal drawdown of water will occur at the perimeter of any high priority groundwater-dependent ecosystem shown on the GDE Map.
The distance restrictions specified in subclause (2) do not apply to the grant or amendment of a water supply work approval if the Minister is satisfied that:
(a) the water supply work is for the purpose of monitoring, environmental management or remedial works, or
(b) the water supply work replaces an existing authorised water supply work that is part of a bore network for a major utility or a local water utility for the purpose of town water supply, or
(c) the water supply work is a replacement groundwater work, or
(d) the location of the water supply work at a lesser distance will result in no greater impact on these water sources and any groundwater-dependent ecosystems.
The Minister may require the applicant to submit a hydrogeological study to demonstrate to the Minister’s satisfaction that:
(a) for the purpose of subclause (4), no more than minimal drawdown of water will occur at the perimeter of any high priority groundwater-dependent ecosystem shown on the GDE Map, or
(b) for the purpose of subclause (5) (d), the location of the water supply work at a lesser distance will result in no greater impact on these water sources and any groundwater-dependent ecosystems.
A water supply work approval must not be granted or amended to authorise the construction of a water supply work which, in the Minister’s opinion, is or is proposed to be located within:
(a) 100 metres of a groundwater-dependent culturally significant site, in the case of a water supply work that will be authorised to take water pursuant to basic landholder rights only, or
(b) 200 metres of a groundwater-dependent culturally significant site, in the case of a water supply work that will be nominated by an access licence.
Groundwater-dependent culturally significant sites are currently under investigation and may be identified during the term of this Plan. The full list of potential groundwater-dependent culturally significant sites will be identified in the Aboriginal Water Initiative System (AWIS) and, as a precautionary approach, will be considered by staff in the assessment of any application for a water supply work approval within the area of this Plan.
(c) amend clause 42 to establish a Low Flow Class in any of the water sources listed in Table B, to allow holders of access licences who are accredited under the Tuross River Health Agreement access to flows in the Low Flow Class,
(d) amend clause 42 to extend the exemption to the cease to take conditions for stock watering purposes specified in clause 42 (17) (c) beyond year 3 of this Plan or modify the volume of water permitted to be taken for stock watering purposes after year 3 of this Plan,
(e) amend clause 43 to require access licences that nominate a water supply work located more than 40 metres from the top of the high bank of a river, and that may be used to take water from these alluvial sediments, to be subject to the same access rules as unregulated river access licences, for the corresponding water source specified in clause 42 of this Plan, but with a delay,
(f) amend clause 44 to establish a total weekly extraction limit for local water utility access licences, taking into account field investigations and stakeholder consultation,
(g) amend clause 44 (2) (a) to alter the percentage of capacity of Deep Creek Dam specified in this clause, taking into account changes to Eurobodalla Shire Council’s Water Restrictions Policy (E13.7095, approved 10 September 2013),
(h) amend subclause 44 (2) (a) to remove the 2 ML/day TDEL for local water utility access licences when the volume of water in the Deep Creek Dam is below 40% capacity,
(i) establish or assign TDELs in these water sources following the imposition of an adaptive environmental water condition on an access licence that requires the water to be left in the water source for environmental purposes,
(j) establish or assign TDELs in these water sources to protect a proportion of flow within each flow class for the environment,
(k) amend or remove TDELs if TDELs have been established or assigned,
(l) include rules for the establishment, assignment and removal of IDELs,
(m) remove the existing access rules where TDELs and/or IDELs have been established under paragraphs (j) or (l) to protect a proportion of flow within each flow class for the environment,
(n) reinstate access rules that applied at the commencement of this Plan, where TDELs and IDELs have been removed under paragraphs (k) and (l),
(o) amend existing flow classes, establish new or additional flow classes or amend the flow reference point in order to establish TDELs and IDELs in the Wandella Creek Water Source established by the Water Sharing Plan for the Wandella Creek Water Source 2003.
Part 10 may be amended to do any of the following:
(a) amend clause 47 to specify water sources or management zones where water supply work approvals must not be granted or amended to authorise in-river dams on third or higher order streams,
(b) add, remove or modify a restricted distance specified in:
(i) clause 49 after year 5 of this Plan, or
(ii) clause 51 based on the outcomes of further studies of groundwater-dependent ecosystems that are to the Minister’s satisfaction,
(c) amend the definition of a replacement groundwater work in clause 53,
(d) amend clause 54 to impose further restrictions on the rate and timing of extraction of water to mitigate impacts.
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 64 or 65 to specify different standards or requirements for decommissioning water supply works or construction requirements for water supply works.
The Dictionary may be amended to add, modify or remove a definition.
Schedule 1 may be amended to do any of the following:
(a) remove an access licence or Water Act 1912 entitlement specified in Column 1 and the corresponding access rule and water source in Column 2 and Column 3 of the Schedule,
(b) amend the access rule specified in Column 2 of the Schedule.
Schedule 1 or part thereof may be deleted if the Minister is satisfied that it is no longer required.
Schedule 2 may be amended to:
(a) remove an access licence or Water Act 1912 entitlement specified in Column 1 of the table and the corresponding water source and access rule and water source in Column 2 and Column 3, respectively 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, respectively of the Schedule, if, in the Minister’s opinion:
(i) the cease to take conditions that were specified on the Water Act 1912 entitlement were more restrictive than the access rules specified in clause 42 of this Plan, and
(ii) the access rule to be specified in Column 2 for that access licence is no more restrictive than the cease to take conditions that were specified on the Water Act 1912 entitlement.
Schedule 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 42 (17) (a) and that the purpose was specified on, or referred to in the conditions of, the Water Act 1912 entitlement that was replaced by the access licence,
(b) add a local water utility access licence or an access licence of the subcategory “Town water supply” to clause 2 of Schedule 3, provided that the Minister is satisfied that the water supply system used to take, store and deliver water has not undergone major augmentation since the commencement of this Plan,
(c) remove an access licence or Water Act 1912 entitlement from clause 1 of Schedule 3 if:
(i) an access licence dealing results in water being taken under the licence from a different location, or
(ii) an alternative water supply is obtained, or
(iii) the access licence is surrendered or cancelled,
(d) remove a local water utility access licence, an access licence of the subcategory “Town water supply” or a Water Act 1912 entitlement from clause 2 of Schedule 3 if:
(i) the Minister is satisfied that the water supply system used to extract, store and deliver water has undergone major augmentation since the commencement of this Plan, or
(ii) the access licence is surrendered or cancelled or the purpose ceases to exist.
Schedule 3 or part thereof may be deleted if the Minister is satisfied that it is no longer required.
Schedule 4 may be amended to do any of the following:
(a) add a new access licence to clause 1 of Schedule 4, provided that a written request has been made to the Minister and the Minister is satisfied that extraction under the access licences is for a purpose listed in clause 43 (6) (a) and that purpose was specified on, or referred to in the conditions of, the Water Act 1912 entitlement,
(b) add a local water utility access licence or an access licence of the subcategory “Town water supply” to clause 2 of Schedule 4, provided the Minister is satisfied that the water supply system used to extract, store and deliver water has not undergone major augmentation since the commencement of this Plan,
(c) remove a local water utility access licence, an access licence of the subcategory “Town water supply” or a Water Act 1912 entitlement from clause 2 of Schedule 4 if:
(i) the Minister is satisfied that the water supply system used to extract, store and deliver water has undergone major augmentation since the commencement of this Plan, or
(ii) the access licence is surrendered or cancelled or the purpose ceases to exist,
(d) remove an access licence or Water Act 1912 entitlement from clause 1 of Schedule 4 if:
(i) an access licence dealing results in the water being extracted under the access licence being taken from a different location, or
(ii) an alternative water supply is obtained, or
(iii) the licence is surrendered, cancelled or the purpose ceases to exist.
Schedule 4 or part thereof may be deleted if the Minister is satisfied that it is no longer required.
Schedule 5 may be amended to add or remove a contamination source.
Schedule 6 may be amended to add or remove:
(a) a high priority groundwater-dependent ecosystem, or
(b) a high priority karst environment groundwater-dependent ecosystem.
This Plan may be amended to include rules for the following:
(a) managed aquifer recharge,
Notes— 1 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.
2 Recharge is defined in the Dictionary.
(b) the shepherding of water,
Note— Shepherding is defined in the Dictionary.(c) any new category of access licence established for the purpose of urban stormwater harvesting,
(d) the interception of water before it reaches a stream or aquifer by plantations or other means,
(e) the management of salt interception schemes,
(f) the management of aquifer interference activities, including the granting of aquifer interference approvals.
Consequential amendments may be made to this Plan as a result of an amendment to the Act or regulations.
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.
This Plan may be amended after year 5 to provide rules for the protection of water dependent Aboriginal cultural assets to do any of the following:
(a) identify water dependent Aboriginal cultural assets,
(b) amend the access rules to protect water dependent Aboriginal cultural assets,
(c) restrict the granting and amending of water supply work approvals to protect water dependent Aboriginal cultural assets,
(d) amend the dealing rules to protect water dependent Aboriginal cultural assets.
Any amendment under subclause (4) will take into account the socio-economic impacts of the proposed change and the environmental water requirements of the water source.
Before making an amendment pursuant to subclause (4), the Minister should consult with relevant Government agencies and stakeholders.
Unless otherwise defined in this Plan, words and expressions that are defined in the Act or in the regulations have the same meaning in this Plan.
Natural drawdown may occur due to seasonal climatic changes. Groundwater pumping may also result in seasonal and long-term drawdown.
(a) a pool that is on a flood-runner or floodplain, or
(b) a pool that is on an effluent that only begins to flow during high flows.
(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.
This clause applies to each access licence which replaces a Water Act 1912 entitlement listed in the table below.
Column 1 | Column 2 | Column 3 |
Water Act 1912 entitlements that will be replaced by access licences on commencement of this Plan | Access rules | Water source |
10SL055992 | Water must not be taken when flow is less than or equal to 10 ML/day at Tuross River at Eurobodalla gauge (218008). | Tuross River Water Source |
The access rule identified in Column 2 of this Schedule will apply when the access licence listed in Column 1 is being used to take water for irrigation or other purposes. If the access licence is being used to take water for any of the purposes listed in clause 42 (17) (a) and is listed in Schedule 2, then the rules in clause 42 (17) (a) apply.
It is expected that those access licences which replace Water Act 1912 entitlements listed in Column 1 of the table below and which have share components that specify the water sources listed in Column 2 of the table below, will have the access rule specified in Column 3 imposed as a mandatory condition at the commencement of this Plan to give effect to clause 42 (8) of this Plan.
Column 1 | Column 2 | Column 3 |
Water Act 1912 entitlements that will be replaced by access licences on commencement of this Plan | Water source | Access rule |
10SL055223 | Tuross River Water Source | Water must not be taken when the flow in the Tuross River at the Eurobodalla gauge (218008) is less than or equal to 31 ML/day. |
10SL055502 | Tuross River Water Source | Water must not be taken when the flow in the Tuross River at the Eurobodalla gauge (218008) is less than or equal to 200 ML/day. |
10SL055508 | Tuross River Water Source | Water must not be taken when the flow in the Tuross River at the Eurobodalla gauge (218008) is less than or equal to 60 ML/day. |
10SL055509 | Tuross River Water Source | Water must not be taken when the flow in the Tuross River at the Eurobodalla gauge (218008) is less than or equal to 200 ML/day. |
10SL055587 | Tuross River Water Source | Water must not be taken when the flow in the Tuross River at Tuross Vale gauge (218001) is less than or equal to 60 ML/day. |
10SL055589 | Tuross River Water Source | Water must not be taken when the flow in the Tuross River at the Eurobodalla gauge (218008) is less than or equal to 200 ML/day. |
10SL055673 | Wadbilliga River Water Source | Water must not be taken when the flow in the Wadbilliga River at Wadbilliga gauge (218007) is less than or equal to 10 ML/day. |
10SL055901 | Tuross River Water Source | Water must not be taken when the flow in the Tuross River at the Eurobodalla gauge (218008) is less than or equal to 60 ML/day. |
10SL056324 | Tuross River Water Source | Water must not be taken when the flow in the Tuross River at the Eurobodalla gauge (218008) is less than or equal to 60 ML/day. |
10SL056389 | Tuross River Water Source | Water must not be taken when the flow in the Tuross River at the Eurobodalla gauge (218008) is less than or equal to 200 ML/day. |
10SL056392 | Tuross River Water Source | Water must not be taken on the unnamed lagoon when the flow in the Tuross River at the Eurobodalla gauge (218008) is less than or equal to 10 ML/day. |
10SL056455 | Tuross River Water Source | Water must not be taken when flow in the Tuross River at the Eurobodalla gauge (218008) is less than or equal to 60 ML/day. |
10SL057218 | Tuross River Water Source | Water must not be taken when the flow in the Tuross River at the Eurobodalla gauge (218008) is less than or equal to 60 ML/day. |
This clause applies to each access licence which replaces a Water Act 1912 entitlement listed in the table below.
Water Act 1912 entitlements that will be replaced by access licences on commencement of this Plan |
10SL055994 10SL018982 10SL019090 10SA002506 10SL055507 10SL056445 10SL056392 10SL055587 10SL055923 10SL056355 10SL055992 10SL043478 10SL040549 10SL047913 10SL035223 |
This clause applies to each access licence which replaces a Water Act 1912 entitlement listed in the table below.
Water Act 1912 entitlements that will be replaced by local water utility access licences or access licences of the subcategory “Town water supply” on commencement of this Plan |
10SL029530 10SL005061 |
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” |
10AL100000 |
This clause applies to each access licence which replaces a Water Act 1912 entitlement listed in the table below.
Water Act 1912 entitlements that will be replaced by access licences on commencement of this Plan |
10BL158534 10BL163707 |
This clause applies to each access licence which replaces a Water Act 1912 entitlement listed in the table below.
Water Act 1912 entitlements that will be replaced by local water utility access licences or access licences of the subcategory “Town water supply” on commencement of this Plan |
10BL165758 10BL165759 10BL165760 10BL165761 10BL165763 |
Contamination sources in these water sources comprise 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 any activity listed in Table 1 of the contaminated land planning guidelines as published under the Environmental Planning and Assessment Act 1979 from time to time.
Copies of the Plan Map may be inspected at the following offices:
• DPI Water
10 Valentine Ave
PARRAMATTA NSW 2150
• DPI Water
Level 0, 84 Crown St
WOLLONGONG NSW 2500
• DPI Water
Sapphire Marketplace, 106 Auckland St
BEGA NSW 2550
• DPI Water
5 O’Keefe Ave
NOWRA NSW 2541
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
PO Box 48
BEGA NSW 2550
• DPI Water
PO Box 309
NOWRA NSW 2541
High priority groundwater-dependent ecosystems (GDEs) are currently under investigation and some may be identified during the term of this Plan. The full list of potential GDEs will be identified on the Department held GDE Register and, as a precautionary approach, will be considered by staff in the assessment of any application for a water supply work approval within the area of this Plan. If it becomes verified as a high priority GDE, this map will be amended to include the GDE.
0
0
0