(1) The water sources in respect of which this Plan applies are—
(a) the Munmurra River Water Source, (b) the Krui River Water Source, (c) the Bow River Water Source, (d) the Merriwa River Water Source, (e) the Halls Creek Water Source, (f) the Baerami Creek Water Source, (g) the Widden Brook Water Source, (h) the Bylong River Water Source, (i) the Wollar Creek Water Source, (j) the Upper Goulburn River Water Source, (k) the Lower Goulburn River Water Source, (l) the Dart Brook Water Source, (m) the Pages River Water Source, (n) the Isis River Water Source, (o) the Upper Hunter River Water Source, (p) the Rouchel Brook Water Source, (q) the Muswellbrook Water Source, (r) the Jerrys Water Source, (s) the Glennies Water Source, (t) the Glendon Brook Water Source, (u) the Luskintyre Water Source, (v) the Singleton Water Source, (w) the Martindale Creek Water Source, (x) the Doyles Creek Water Source, (y) the Lower Wollombi Brook Water Source, (z) the Black Creek Water Source, (aa) the Wallis Creek Water Source, (bb) the Newcastle Water Source, (cc) the Paterson/Allyn Rivers Water Source, (dd) the Williams River Water Source, (ee) the Upper Paterson Water Source, (ff) the Upper Wollombi Brook Water Source, (gg) the North Lake Macquarie Water Source, (hh) the South Lake Macquarie Water Source, (ii) the Dora Creek Water Source, (jj) the Hunter Regulated River Alluvial Water Source, Note— The Hunter Regulated River Alluvial Water Source extends from the top of the high bank of the Hunter Regulated River or Glennies Creek to the boundary of the alluvial aquifer covering the unconsolidated alluvial sediments, excluding the alluvial sediments covered by the Hunter Regulated River Water Sharing Plan. The Regulated Plan covers waterfront land except for alluvial sediments within one metre of works taking water pursuant to licences issued under Part 5 of the . This water source includes alluvial waters only. Water Act 1912 (kk) the Wallis Creek Tidal Pool Water Source, Note— The Wallis Creek Tidal Pool Water Source extends between the mangrove and tidal limits and only includes the water within the tidal stretch of Wallis Creek, not including any freshwater tributaries. This water source includes unregulated waters only and excludes alluvial groundwater. (ll) the Paterson River Tidal Pool Water Source, Note— The Paterson River Tidal Pool Water Source extends between the mangrove and tidal limits and only includes the water within the tidal stretch of the Paterson River, not including any freshwater tributaries. This water source includes unregulated waters only and excludes alluvial groundwater. (mm) the Hunter River Tidal Pool Water Source, and Note— The Hunter River Tidal Pool Water Source extends between the mangrove and tidal limits and only includes the water within the tidal stretch of the Newcastle Water Source, not including any freshwater tributaries. This water source includes unregulated waters only and excludes alluvial groundwater. (nn) the Wybong Creek Water Source, and shall be known as the Hunter Unregulated and Alluvial Water Sources (hereafter these water sources ).Note— An overview of these water sources is shown in Appendix 1. (2) These water sources are shown on the Plan Map called (hereafter Plan Map (WSP003_Version 3), Water Sharing Plan for the Hunter Unregulated and Alluvial Water Sources 2009 the Plan Map ).Note— The Plan Map is part of this Plan. Copies of the Plan Map for these water sources may be inspected at offices of the Department listed in Appendix 2 and are available on the NSW Legislation Website.
(1) The availability of water for extraction from these water sources on a long-term average annual basis will be determined at the level of an extraction management unit.
(1) Words and expressions that are defined in the Act have the same meanings in this Plan. (2) Words and expressions that are defined in the Schedule 1 of this Plan have the meanings set out in that Schedule.
(1) Subject to subclauses (4) and (5), for the purposes of this Plan all flows referred to in clause 17 (1) are measured flows at the flow reference point(s) for each water source or management zone specified in clause 17. (2) The Minister may amend this Plan to add or remove flow reference points, including if there are any changes to flow classes under subclause 17 (2) of this Plan. (3) The Minister may amend a flow reference point where the flow reference point has been removed in line with the NSW Weirs Policy.
(1) This Plan establishes the following flow classes as the basis for sharing of daily flows from these water sources— Note— Any restrictions specified in an order under section 324 of the Act, for these water sources, may be based on local Water User Association rostering arrangements. Note— It is recognised that Water User Associations (WUAs) exist in many areas and play an important role in low flow rostering and sharing of water between users. Where appropriate the flow classes specified in this Plan reflect the existing sharing arrangements of these groups. It is intended that WUAs will have an ongoing role in water management and continue to assist in reducing the frequency of triggering the very low flow classes specified within this Plan. Note— The following flow classes apply to all access licences extracting from surface water specified for each water source from the commencement date of this Plan, excluding those access licences to which clause 19 (3) (i) applies and access licences that nominate a work that is a runoff harvesting dam. For those aquifer access licences in the Munmurra River Water Source, the Krui River Water Source, the Bow River Water Source, the Merriwa River Water Source, the Halls Creek Water Source, the Baerami Creek Water Source, the Widden Brook Water Source, the Appletree Flat Management Zone of the Jerrys Water Source, the Bylong River Water Source, the Wollar Creek Water Source, the Upper Goulburn River Water Source, the Lower Goulburn River Water Source, the Dart Brook Water Source, the Pages River Water Source, the Martindale Creek Water Source, the Doyles Creek Water Source, the Lower Wollombi Brook Water Source, the Upper Wollombi Brook Water Source and the Wybong Creek Water Source the flow classes in clause 17 (1) will apply. They will also apply to all existing aquifer access licence holders in the Isis River Water Source, the Upper Hunter River Water Source, the Rouchel Brook Water Source, the Muswellbrook Water Source, the Jerrys Management Zone of the Jerrys Water Source, the Glennies Water Source, the Glendon Brook Water Source, the Luskintyre Water Source, the Singleton Water Source, the Black Creek Water Source, the Wallis Creek Water Source, the Newcastle Water Source, the Paterson/Allyn Rivers Water Source, the Williams River Water Source, the Upper Paterson Water Source, the North Lake Macquarie Water Source, the South Lake Macquarie Water Source and the Dora Creek Water Source extracting from alluvial aquifers within 40 metres of the top of the high bank of the river from year six of this Plan. For those aquifer access licences extracting outside the 40 metres from the top of the high bank in the Isis River Water Source, the Upper Hunter River Water Source, the Rouchel Brook Water Source, the Muswellbrook Water Source, the Jerrys Water Source, the Glennies Water Source, the Glendon Brook Water Source, the Luskintyre Water Source, the Singleton Water Source, the Black Creek Water Source, the Wallis Creek Water Source, the Newcastle Water Source, the Paterson/Allyn Rivers Water Source, the Williams River Water Source, the Upper Paterson Water Source, the North Lake Macquarie Water Source, the South Lake Macquarie Water Source and the Dora Creek Water Source, the flow classes in clause 17 (1) will not apply, except where provided for under clause 68 (3) of this Plan.
(a) for the Munmurra River Water Source, no flow classes are established by this Plan, Note— From year six of this Plan, the taking of water will only be permitted when there is a visible flow in the water source at the location at which water is proposed to be taken, or where water is being taken from a pool, when there is a visible inflow and outflow to and from that pool, as required under clause 19 (3) (d) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue. (b) for the Krui River Water Source, no flow classes are established by this Plan, Note— From year six of this Plan, the taking of water will only be permitted when there is a visible flow in the water source at the location at which water is proposed to be taken, or where water is being taken from a pool, when there is a visible inflow and outflow to and from that pool, as required under clause 19 (3) (d) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue. (c) for the Bow River Water Source, no flow classes are established by this Plan, Note— From year six of this Plan, the taking of water will only be permitted when there is a visible flow in the water source at the location at which water is proposed to be taken, or where water is being taken from a pool, when there is a visible inflow and outflow to and from that pool, as required under clause 19 (3) (d) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue. (d) for the Merriwa River Water Source, as measured at Merriwa River at Upstream Vallances Creek gauge (210066), no flow classes are established for the first five years of this Plan, thereafter—
(i) the Very Low Flow Class is when flows are at or below 0.5 megalitres per day (hereafter ML/day ), andNote— 0.5 ML/day corresponds to the estimated 80th percentile. The percentile refers to the lowest flow month at the gauge and includes all days of record. (ii) A Class is when flows are greater than 0.5 ML/day, Note— The Merriwa River Water Source may be divided into management zones during the term of this Plan based on the reinstatement of gauging infrastructure, and flow classes amended, as set out under clause 17 (2) (h) of this Plan. Note— For the first five years of this Plan, the taking of water from a river by a nominated water supply work is permitted only where it complies with the flow conditions imposed on the authorised water supply work and if there is a visible flow in the river in the downstream vicinity of the water supply work, as required under clause 19 (3) (e) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue. (e) for the Halls Creek Water Source, no flow classes are established by this Plan, Note— By year ten of this Plan, Very Low Flow Class and A Class may be established for access licences in the Halls Creek Management Zone, based on studies to determine appropriate cease to pump level and flow reference point, as required under clause 17 (2) (b) of this Plan. Note— By year ten of this Plan, Very Low Flow Class and A Class may be established for access licences in the Giants Creek Management Zone, based on studies to determine appropriate groundwater levels and trigger points, and appropriate infrastructure being in place to allow rule development, as set out under clause 17 (2) (a) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue. (f) for the Baerami Creek Water Source, no flow classes are established by this Plan, Note— Very Low Flow Class and A Class may be established by year ten of this Plan, based on studies to determine appropriate groundwater levels and trigger points, and appropriate infrastructure being in place to allow rule development, as set out under clause 17 (2) (a) of this Plan. (g) for the Widden Brook Water Source, no flow classes are established by this Plan, Note— Very Low Flow Class and A Class may be established by year ten of this Plan, based on studies to determine appropriate groundwater levels and trigger points, and appropriate infrastructure being in place to allow rule development, as set out under clause 17 (2) (a) of this Plan. (h) for the Bylong River Water Source, no flow classes are established by this Plan, Note— Very Low Flow Class and A Class may be established by year ten of this Plan, based on studies to determine appropriate groundwater levels and trigger points, and appropriate infrastructure being in place to allow rule development, as set out under clause 17 (2) (a) of this Plan. (i) for the Wollar Creek Water Source, no flow classes are established by this Plan, Note— Very Low Flow Class and A Class may be established by year ten of this Plan, based on studies to determine appropriate groundwater levels and trigger points, and appropriate infrastructure being in place to allow rule development, as set out under clause 17 (2) (a) of this Plan. (j) for the Upper Goulburn River Water Source, no flow classes are established by this Plan, Note— Very Low Flow Class and A Class may be established by year ten of this Plan, based on studies to determine appropriate groundwater levels and trigger points, and appropriate infrastructure being in place to allow rule development, as set out under clause 17 (2) (a) of this Plan. (k) for the Lower Goulburn River Water Source, no flow classes are established by this Plan, Note— Very Low Flow Class and A Class may be established by year ten of this Plan, based on studies to determine appropriate groundwater levels and trigger points, and appropriate infrastructure being in place to allow rule development, as set out under clause 17 (2) (a) of this Plan. Note— The augmentation of the local water utility in this water source may trigger review of the flow access rules specified within this Plan in accordance with clause 17 (2) (l). (l) for the Upper Dart Brook Management Zone in the Dart Brook Water Source, as measured at Dart Brook at Yarrandi Bridge gauge (210124)—
(i) the Very Low Flow Class is when there is no visible flow, and (ii) A Class is when there is a visible flow, Note— The flow classes may be amended at year six of this Plan, as set out under clause 17 (2) (c) of this Plan. (m) for the Upper Middle Brook Management Zone in the Dart Brook Water Source, as measured at the Middle Brook road bridge—
(i) the Very Low Flow Class is when there is no visible flow, and (ii) A Class is when there is a visible flow, Note— The flow classes may be amended at year six of this Plan, as set out under clause 17 (2) (c) of this Plan. (n) for the Petwyn Vale Management Zone, the Lower Dart Brook Management Zone and the Lower Middle Brook and Kingdon Ponds Management Zone in the Dart Brook Water Source, no flow classes are established by this Plan, Note— In the Lower Dart Brook and Lower Middle Brook and Kingdon Ponds Management Zones the Very Low Flow Class and A Class may be established by year ten of this Plan, based on studies to determine appropriate groundwater levels and trigger points, and appropriate infrastructure being in place to allow rule review, as set out under clause 17 (2) (a) of this Plan. Note— In the Petwyn Vale Management Zone from year six of this Plan, the taking of water will only be permitted when there is a visible flow in the water source at the location at which water is proposed to be taken, or where water is being taken from a pool, when there is a visible inflow and outflow to and from that pool, as required under clause 19 (3) (d) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue. Note— The augmentation of the local water utility in this water source may trigger review of the flow access rules specified within this Plan in accordance with clause 17 (2) (l). (o) for the Murrurundi Management Zone in the Pages River Water Source, as measured at Benhams Bridge—
(i) the Very Low Flow Class is when there is no visible flow, and (ii) A Class is when there is a visible flow, Note— The augmentation of the local water utility in this water source may trigger review of the flow access rules specified within this Plan in accordance with clause 17 (2) (l). (p) for the Scotts Creek Management Zone in the Pages River Water Source, as measured at the Pages River at Blandford gauge (210061)—
(i) the Very Low Flow Class is when there is no visible flow, and (ii) A Class is when there is a visible flow, Note— The flow classes may be amended at year six of this Plan, as set out under clause 17 (2) (c) of this Plan. (q) in the Kewell Creek Management Zone in the Pages River Water Source—
(i) the Very Low Flow Class is when there is no visible flow as measured at the Pages River upstream of Kewell Creek gauge (210142), (ii) A Class is when there is a visible flow as measured at the Pages River upstream of Kewell Creek gauge (210142), and less than 31 ML/day as measured at the Pages River at Gundy Recorder gauge (210052), and Note— 31 ML/day corresponds to the estimated 50th percentile. The percentile refers to the lowest flow month at the gauge and includes all days of record. (iii) B Class is when there is a visible flow as measured at the Pages River upstream of Kewell Creek gauge (210142) and flows are equal to or greater than 31 ML/day, as measured at the Pages River at Gundy Recorder gauge (210052), Note— Due to the limited period that the Kewell Creek gauge (210142) has been in place an equivalent flow cannot be determined at the commencement of this Plan. The flow reference point and separate management zone may be amended by year ten of this Plan, based on correlations of the Kewell Creek gauge to the Blandford and Gundy gauges, as set out under clause 17 (2) (e) of this Plan. (r) in the Gundy Management Zone in the Pages River Water Source, as measured at the Pages River at Gundy Recorder gauge (210052)—
(i) the Very Low Flow Class is when there is no visible flow, (ii) A Class is when there is a visible flow and flows are less than 31 ML/day, and Note— 31 ML/day corresponds to the estimated 50th percentile. The percentile refers to the lowest flow month at the gauge and includes all days of record. (iii) B Class is when flows are equal to or greater than 31 ML/day, Note— The flow classes may be amended by year six of this Plan, as set out under clause 17 (2) (d) of this Plan. (s) in the Segenhoe Management Zone in the Pages River Water Source, no flow classes are established by this Plan, Note— Very Low Flow Class and the bottom of A Class may be established by year ten of this Plan, based on studies to determine appropriate groundwater levels and trigger points, and appropriate infrastructure being in place to allow rule development, as set out under clause 17 (2) (a) of this Plan. (t) for the Isis River Water Source—
(i) the Very Low Flow Class is when there is no visible flow as measured at the Isis River at Stick-Me-Up Bridge gauge (210118), (ii) A Class is when there is a visible flow as measured at Stick-Me-Up Bridge gauge (210118) and flows are less than 31 ML/day as measured at the Pages River at Gundy Recorder gauge (210052), and Note— 31 ML/day corresponds to the estimated 50th percentile. The percentile refers to the lowest flow month at the gauge and includes all days of record. (iii) B Class is when there is a visible flow as measured at Stick-Me-Up gauge (210118) and flows are equal to or greater than 31 ML/day as measured at the Pages River at Gundy Recorder gauge (210052), Note— Due to the short period of record of flow data at the specified gauge site, studies to determine environmental water requirements and data extension may be undertaken during the term of this Plan to amend the flow conditions by year six of this Plan, as set out under clause 17 (2) (n) of this Plan. This may include development of management zones, separate flow reference points and flow classes. When sufficient data is available B class flows will be measured at the Isis River at Stick-Me-Up Bridge gauge. (u) for the Upper Hunter Management Zone of the Upper Hunter River Water Source, as measured at Hunter River at Moonan Damsite gauge (210018) and Hunter River at Belltrees gauge (210039)—
(i) for the first five years of this Plan, the Very Low Flow Class is when there is no visible flow at the Hunter River at Belltrees gauge, for years six to nine of this Plan the Very Low Flow Class is when flows are at or below 7 ML/day at the Hunter River at Moonan Dam gauge or there is no visible flow at the Hunter River at Belltrees gauge, and from year ten of this Plan the Very Low Flow Class is when flows are at or below 12 ML/day at the Hunter River at Moonan Dam gauge or there is no visible flow at the Hunter River at Belltrees gauge, and Note— 7 ML/day corresponds to the estimated 97th percentile and 12 ML/day corresponds to the estimated 95th percentile. The percentile refers to the lowest flow month at the gauge and includes all days of record. (ii) for the first five years of this Plan, A Class is when there is a visible flow at the Hunter River at Belltrees gauge, for years six to nine of this Plan A Class is when flows are greater than 7 ML/day at the Hunter River at Moonan Dam gauge and there is a visible flow at the Hunter River at Belltrees gauge, and from year ten of this Plan A Class is when flows are greater than 12 ML/day at the Hunter River at Moonan Dam gauge and there is a visible flow at the Hunter River at Belltrees gauge, Note— The Very Low Flow Class and A Class may be amended by year ten of this Plan, based on data extension and flow records for the Hunter River at Belltrees gauge (210039) to develop an equivalent percentile flow level to the level at the Moonan Damsite gauge (210018) if this is determined appropriate in consultation with water users, or a new management zone and flow classes may be established in the lower catchment, as set out under clause 17 (2) (f) of this Plan. (v) for the Stewarts Brook Management Zone of the Upper Hunter Water Source, as measured at Garlands Bridge and at Hunter River at Belltrees gauge (210039)—
(i) the Very Low Flow Class is when there is no visible flow at Garlands Bridge or at Hunter River at Belltrees gauge (210039), and (ii) A Class is when there is a visible flow at Garlands Bridge and at Hunter River at Belltrees gauge (210039), Note— The Very Low Flow Class and A Class may be amended by year ten of this Plan, based on data extension and flow records for the Hunter River at Belltrees gauge (210039) to amend the visible flow level to a flow level equivalent to the 95th percentile flow class, as set out under clause 17 (2) (f) of this Plan. (w) for the Rouchel Brook Water Source, as measured at Rouchel Brook at Rouchel Brook (The Vale) gauge (210014)—
(i) during October to March inclusive—
(1) the Very Low Flow Class is when flows are equal to or less than 10 ML/day on a rising river, or equal to and less than 2 ML/day on a falling river, Note— 2 ML/day corresponds to the estimated 85th percentile and 10 ML/day corresponds to the estimated 75th percentile. The percentile refers to the lowest flow month at the gauge and includes all days of record. (2) A Class is when flows are greater than 10 ML/day and less than 35 ML/day on a rising river, or greater than 2 ML/day and less than 35 ML/day on a falling river, and Note— 35 ML/day corresponds to the estimated 50th percentile. The percentile refers to the lowest flow month at the gauge and includes all days of record. Note— In addition to the cease to pump rules, the taking of water from pools will only be permitted when there is a visible inflow and outflow. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue. (3) B Class is when flows are equal to or greater than 35 ML/day, and (ii) during April to September inclusive—
(1) the Very Low Flow Class is when flows are equal to or less than 10 ML/day on a rising river, or equal to or less than 1 ML/day on a falling river, Note— 1 ML/day corresponds to the estimated 88th percentile and 10 ML/day corresponds to the estimated 75th percentile. The percentile refers to the lowest flow month at the gauge and includes all days of record. (2) A Class is when flows are greater than 10 ML/day and less than 35 ML/day on a rising river or greater than 1 ML/day and less than 35 ML/day on a falling river, and Note— 35 ML/day corresponds to the estimated 50th percentile. The percentile refers to the lowest flow month at the gauge and includes all days of record. Note— In addition to the cease to pump rules, the taking of water will only be permitted when there is a visible flow in the water source at the location at which water is proposed to be taken, or where water is being taken from a pool, when there is a visible inflow and outflow to and from that pool. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue. (3) B Class is when flows are equal to or greater than 35 ML/day, Note— 2 ML/day and 1 ML/day are referred to as the ‘cease to pump’ on a falling river, and 10 ML/day referred to as the ‘commence to pump’ on a rising river. The basis for using a differential cease to pump in this water source is in recognition of the location of the gauge mid way up the system and the ‘losing’ nature of the Brook. This means that increased flows are required during the spring/summer months to achieve the same level of flow at the end of the water source as would be achieved through the autumn/winter period. These figures will be reviewed by year six of this Plan, as set out under clause 17 (2) (m) of this Plan. (x) for the Muswellbrook Water Source, no flow classes are established by this Plan, Note— From year six of this Plan, the taking of water will only be permitted when there is a visible flow in the water source at the location at which water is proposed to be taken, or where water is being taken from a pool, when there is a visible inflow and outflow to and from that pool, as required under clause 19 (3) (d) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue. In Sandy Creek there are a number of licences with existing conditions relating to Rouchel Lane Causeway which will be maintained. Note— Licences located in the alluvial areas downstream of Wells Gully road bridge will be identified as part of the relevant Hunter Regulated River Alluvial Water Source. (y) for the Jerrys Management Zone of the Jerrys Water Source, no flow classes are established by this Plan, Note— From year six of this Plan, in the Jerrys Management Zone the taking of water from pools will only be permitted when there is a visible inflow and outflow, as required under clause 19 (3) (d) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue. (z) for the Appletree Flat Management Zone of the Jerrys Water Source, no flow classes are established by this Plan, Note— Very Low Flow Class and A Class may be established by year ten of this Plan for the Appletree Flat Management Zone, based on studies to determine appropriate groundwater levels and trigger points, and appropriate infrastructure being in place to allow rule development, as set out under clause 17 (2) (a) of this Plan. (aa) for the Glennies Water Source, as measured at the causeway on Goorangoola Creek (230 metres downstream of the boundary between DP 752462, Lot 23 and Lot 24)—
(i) the Very Low Flow Class is when there is no visible flow, and (ii) A Class is when there is a visible flow, (bb) for the Glendon Brook Water Source, no flow classes are established by this Plan, Note— From year six of this Plan, the taking of water will only be permitted when there is a visible flow in the water source at the location at which water is proposed to be taken, or where water is being taken from a pool, when there is a visible inflow and outflow to and from that pool, as required under clause 19 (3) (d) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue. (cc) for the Luskintyre Water Source, no flow classes are established by this Plan, Note— From year six of this Plan, the taking of water will only be permitted when there is a visible flow in the water source at the location at which water is proposed to be taken, or where water is being taken from a pool, when there is a visible inflow and outflow to and from that pool, as required under clause 19 (3) (d) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue. (dd) for the Singleton Water Source, no flow classes are established by this Plan, Note— From year six of this Plan, the taking of water will only be permitted when there is a visible flow in the water source at the location at which water is proposed to be taken, or where water is being taken from a pool, when there is a visible inflow and outflow to and from that pool, as required under clause 19 (3) (d) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue. (ee) for the Martindale Creek Water Source, no flow classes are established by this Plan, Note— Very Low Flow Class and A Class may be established by year ten of this Plan, based on studies to determine appropriate groundwater levels and trigger points, and appropriate infrastructure being in place to allow rule development, as set out under clause 17 (2) (a) of this Plan. (ff) for the Doyles Creek Water Source, no flow classes are established by this Plan, Note— Very Low Flow Class and A Class may be established at year ten of this Plan, based on studies to determine appropriate groundwater levels and trigger points, and appropriate infrastructure being in place to allow rule development, as set out under clause 17 (2) (a) of this Plan. (gg) for the Lower Wollombi Brook Water Source, as measured at Wollombi Brook at Warkworth gauge (210004)—
(i) no Very Low Flow Class or A Class is established at the commencement of this Plan, and (ii) B Class is when flows are equal to or greater than 38 ML/day, Note— 38 ML/day corresponds to the estimated 50th percentile. The percentile refers to the lowest flow month at the gauge and includes all days of record. Note— Very Low Flow Class and A Class may be established by year ten of this Plan, based on studies to determine appropriate groundwater levels and trigger points, and appropriate infrastructure being in place to allow rule development, as set out under clause 17 (2) (a) of this Plan. (hh) for the Black Creek Water Source, no flow classes are established by this Plan, Note— From year six of this Plan, the taking of water will only be permitted when there is a visible flow in the water source at the location at which water is proposed to be taken, or where water is being taken from a pool, when there is a visible inflow and outflow to and from that pool, as required under clause 19 (3) (d) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue. Note— While it is recognised that the low flows down Black Creek are largely provided for by discharge from Cessnock sewage treatment plant, the Department cannot guarantee that these discharges will continue. The flow access rules will continue in the event that the discharges cease. (ii) for the Wallis Creek Water Source, no flow classes are established by this Plan, Note— From year six of this Plan, the taking of water will only be permitted when there is a visible flow in the water source at the location at which water is proposed to be taken, or where water is being taken from a pool, when there is a visible inflow and outflow to and from that pool, as required under clause 19 (3) (d) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue. (jj) for the Newcastle Water Source, no flow classes are established by this Plan, Note— From year six of this Plan, the taking of water will only be permitted when there is a visible flow in the water source at the location at which water is proposed to be taken, or where water is being taken from a pool, when there is a visible inflow and outflow to and from that pool, as required under clause 19 (3) (d) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue. (kk) for the Allyn River Management Zone of the Paterson/Allyn Rivers Water Source, as measured at the Allyn River at Halton gauge (210022)—
(i) the Very Low Flow Class is when flows are equal to or less than 15 ML/day on a rising river, or equal to or less than 7 ML/day on a falling river, or there is no visible flow at the Allyn River at Flying Fox Lane (210143), Note— 7 ML/day corresponds to the estimated 92nd percentile and is referred to as the cease to pump on a falling river, and 15 ML/day corresponds to the estimated 85th percentile and is referred to as the commence to pump on a rising river. The percentile refers to the lowest flow month at the gauge and includes all days of record. (ii) A1 Class is when flows are greater than 15 ML/day and equal to or less than 25 ML/day on a rising river, or greater than 7 ML/day and equal to or less than 25 ML/day on a falling river, and there is a visible flow at the Allyn River at Flying Fox Lane (210143), Note— 25 ML/day corresponds to the estimated 75th percentile. The percentile refers to the lowest flow month at the gauge and includes all days of record. Note— A1 Class applies to all access licences, excluding unregulated river (high flow) access licences, unregulated river (subcategory “Aboriginal community development” access licences, and local water utility access licences, except where provided for under clause 19 (3) (g) and (i). (iii) A2 Class is when flows are greater than 25 ML/day and less than 58 ML/day and there is a visible flow at the Allyn River at Flying Fox Lane (210143), and Note— 58 ML/day corresponds to the estimated 50th percentile. The percentile refers to the lowest flow month at the gauge and includes all days of record. Note— A2 Class only applies to local water utility access licences. (iv) B Class is when flows are equal to or greater than 58 ML/day and there is a visible flow at the Allyn River at Flying Fox Lane (210143), Note— These figures may be reviewed during the term of this Plan with the introduction of a new gauge at a point lower in the water source than the existing gauge as specified in clause 17 (2) (g). (ll) for the Paterson River Tributaries Management Zone of the Paterson/Allyn Rivers Water Source, no flow classes are established by this Plan, Note— From year six of this Plan, the taking of water will only be permitted when there is a visible flow in the water source at the location at which water is proposed to be taken, or where water is being taken from a pool, when there is a visible inflow and outflow to and from that pool, as required under clause 19 (3) (d) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue. (mm) for the Williams River Management Zone of the Williams River Water Source, as measured at the Williams River at Glen Martin (Mill Dam Falls) (210010)—
(i) the Very Low Flow Class is when flows are equal to or less than 6 ML/day, Note— 6 ML/day has the same estimated frequency as 0 ML/day when Chichester Dam was not making transparent releases. (ii) the Low Flow Class is when flows are equal to or less than 15 ML/day, and Note— 15 ML/day corresponds to the estimated natural 95th percentile flow as used in the Healthy Rivers Commission deliberations. (iii) A Class is when flows are greater than 15 ML/day, Note— The Very Low Flow Class and Low Flow classes are required for the operation of the Williams River Pilot Low Flow Accreditation Scheme. Note that operation to the cease to pump (CtP) specified under the Very Low Flow Class is only operational where an accreditation condition is imposed on the use approval. The CtP level for the Low Flow Class applies to all other access licences. (nn) for the Seaham Weir Management Zone of the Williams River Water Source—
(i) for all access licences, excluding major utility access licences, as measured at the visual gauge board at Seaham Weir for extractions from the Seaham Weir Pool—
(1) the Very Low Flow Class is when water levels are equal to or less than 0.38 metres pool height, (2) A Class is when water levels are greater than 0.38 metres pool height and less than or equal to 0.42 metres pool height, and Note— The 0.38 metres pool height may be amended by year five of this Plan based on studies as specified in clause 17 (2) (i). (3) B class is when water levels are greater than 0.42 metres pool height, (ii) for all major utility access licences—
(1) the Very Low Flow Class is when water levels are equal to or less than 0.42 metres pool height, as measured at the visual gauge board at Seaham Weir for the taking of water from the Seaham Weir Pool, or when flows are equal to or less than 15 ML/day as measured at the Williams River at Glen Martin (Mill Dam Falls) gauge (210010), and (2) the A Class is when water levels are greater than 0.42 metres pool height, as measured at the visual gauge board at Seaham Weir for the taking of water from the Seaham Weir Pool, and when flows are greater than 15 ML/day as measured at the Williams River at Glen Martin (Mill Dam Falls) gauge (210010), (iii) Note— Flow classes for major utility access licences may be amended in the Williams River Water Source upon completion of studies by the Hunter Water Corporation to develop water access rules for the Lower Williams River based on the outcomes of the ‘Surface Water Access Rules for the Lower Williams River’ Supplementary Study, as per clause 17 (2) (i) of this Plan. (oo) for the Upper Paterson Water Source, as measured at the Beresford property crossing—
(i) the Very Low Flow Class is when there is no visible flow, and (ii) A Class is when there is a visible flow, Note— The Very Low Flow Class and A Class may be amended at year six of this Plan to introduce a cease to pump at the 95th percentile flow if infrastructure is in place, as set out under clause 17 (2) (j) of this Plan. (pp) for the Upper Wollombi Brook Water Source, no flow classes are established by this Plan, Note— By year ten of this Plan, Very Low Flow Class and A Class may be established for access licences in the Wollombi Brook Management Zone and Congewai Creek Management Zone, based on studies to determine appropriate cease to pump level and reference site, as required under clause 17 (2) (b) of this Plan. (qq) for the North Lake Macquarie Water Source—
(i) within the Cockle Creek catchment, as measured at the causeway on The Weir Road, Barnsley—
(1) the Very Low Flow Class is when there is no visible flow, and (2) A Class is when there is a visible flow, and (ii) outside of the Cockle Creek catchment, no flow classes established by this Plan, Note— From year six of this Plan, the taking of water will only be permitted when there is a visible flow in the water source at the location at which water is proposed to be taken, or where water is being taken from a pool, when there is a visible inflow and outflow to and from that pool, in all tributaries apart from the Cockle Creek catchment, as required under clause 19 (3) (d) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue. (rr) for the South Lake Macquarie Water Source, no flow classes are established by this Plan, Note— From year six of this Plan, the taking of water will only be permitted when there is a visible flow in the water source at the location at which water is proposed to be taken, or where water is being taken from a pool, when there is a visible inflow and outflow to and from that pool, as required under clause 19 (3) (d) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue. (ss) for the Dora Creek Water Source—
(i) within the Dora Creek catchment, as measured at the weir downstream of the road bridge on Freemans Drive, Cooranbong—
(1) the Very Low Flow Class is when there is no visible flow, and (2) A Class is when there is a visible flow, and (ii) outside of the Dora Creek catchment, no flow classes established by this Plan, Note— From year six of this Plan, the taking of water will only be permitted when there is a visible flow in the water source at the location at which water is proposed to be taken, or where water is being taken from a pool, when there is a visible inflow and outflow to and from that pool, in all tributaries apart from the Dora Creek catchment, as required under clause 19 (3) (d) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue. (tt) for the Hunter Regulated River Alluvial Water Source, no flow classes are established by this Plan, Note— The augmentation of the local water utility in this water source may trigger review of the flow access rules specified within this Plan in accordance with clause 17 (2) (l). (uu) for the Wallis Creek Tidal Pool Water Source, no flow classes are established by this Plan, Note— Flow classes may be established during the term of this Plan as per the studies specified in clause 17 (2) (k) of this Plan. (vv) for the Paterson River Tidal Pool Water Source, no flow classes are established by this Plan, Note— Flow classes may be established during the term of this Plan as per the studies specified in clause 17 (2) (k) of this Plan. (ww) for the Hunter River Tidal Pool Water Source, no flow classes are established by this Plan, Note— Flow classes may be established during the term of this Plan as per the studies specified in clause 17 (2) (k) of this Plan. (xx) for the Kars Springs Management Zone in the Wybong Creek Water Source, as measured at Wybong Creek at Kars Springs and Wybong Creek 1—
(i) the Very Low Flow Class is when there is no visible flow at either flow reference point, and (ii) A Class is when there is a visible flow at both flow reference points, (yy) for the Bunnan Management Zone in the Wybong Creek Water Source, as measured at Wybong Creek 1 and Wybong Creek 2—
(i) the Very Low Flow Class is when there is no visible flow at either flow reference point, and (ii) A Class is when there is a visible flow at both flow reference points, (zz) for the White Rock Management Zone in the Wybong Creek Water Source, as measured at Wybong Creek 2 and Wybong Creek 3—
(i) the Very Low Flow Class is when there is no visible flow at either flow reference point, and (ii) A Class is when there is a visible flow at both flow reference points, (aaa) for the Manobalai Management Zone in the Wybong Creek Water Source, as measured at Wybong Creek 3 and Manobalai gauge (210147)—
(i) the Very Low Flow Class is when there is no visible flow at either flow reference point, and (ii) A Class is when there is a visible flow at both flow reference points, (bbb) for the Wybong Management Zone in the Wybong Creek Water Source, as measured at Manobalai gauge (210147) and Wybong Creek gauge (210040)—
(i) the Very Low Flow Class is when there is no visible flow at either flow reference point, and (ii) A Class is when there is a visible flow at both flow reference points, (ccc) for the Cuan Management Zone in the Wybong Creek Water Source, as measured at Cuan Creek 1 and Cuan Creek 2—
(i) the Very Low Flow Class is when there is no visible flow at either flow reference point, and (ii) A Class is when there is a visible flow at both flow reference points, (ddd) for the Cuan and Reedy Creeks Management Zone in the Wybong Creek Water Source, as measured at Cuan Creek 2 and Cuan Creek 3—
(i) the Very Low Flow Class is when there is no visible flow at either flow reference point, and (ii) A Class is when there is a visible flow at both flow reference points.
(1) Planned environmental water is identified and established in these water sources as follows—
(a) water volume in excess of the respective long-term average annual extraction limit established in clause 44 of this Plan may not be taken and used for any purpose in these water sources, thereby protecting a proportion of river flows for fundamental ecosystem needs from increases in long-term water extraction, and (b) for all water sources, the water remaining in the water source after the taking of water to meet basic landholder rights and for access licences in accordance with the rules identified in subclause (3) and clause 68. (2) The planned environmental water established in subclause (1) (a) for these water sources is maintained by the rules in clause 47 that limit the availability of water for extraction under access licences, thereby protecting a proportion of natural river flows for fundamental ecological needs from increases in long-term water extraction. (3) Subject to subclause (8), the planned environmental water established in subclause (1) (b) is maintained as follows—
(a) subject to paragraph (i), water must not be taken under an access licence with a share component that specifies a water source or an extraction component that specifies a management zone with a Very Low Flow Class that has commenced, when flows are in the relevant Very Low Flow Class. This paragraph does not apply to a major utility access licence with an extraction component which specifies the Seaham Weir Management Zone in the Williams River Water Source, when—
(i) flows in the Williams River at the Glen Martin (Mill Dam Falls) gauge (210010) are greater than 600 ML/day, and (ii) the water level in the Seaham Weir Pool in the William River Water Source, as measured at the visual gauge board, is greater than 0.32 metres pool height, Note— The effect of this paragraph is that major utility access licences in the Seaham Weir Management Zone in the Williams River Water Source are permitted to commence pumping when flows are in the Very Low Flow Class when a high flow event is occurring. The system shall be managed such that there will be at least 0.32 metres pool height in Seaham Weir Pool at the end of the event. (b) subject to paragraph (i), water must not be taken under an access licence where a cease to take condition that was specified in the entitlement that the access licence replaces is, in the Minister’s opinion, higher than— Water Act 1912
(i) the upper limit of the relevant Very Low Flow Class (as specified in clause 17), or (ii) the access rules specified in paragraph (c)–(e), when flows are at or less than the cease to take condition that was specified in the replaced entitlement. The rules in this paragraph do not apply to the Wybong Creek Water Source, Water Act 1912 (c) subject to paragraph (i), an access licence must not be used to take water in the Rouchel Brook Water Source—
(i) if there is no visible flow in the water source at the location at which water is proposed to be taken, or (ii) where water is being taken from a pool, if there is no visible inflow or outflow to and from that pool, (d) subject to paragraph (i), from year six of this Plan, an access licence must not be used to take water in the Munmurra River Water Source, the Krui River Water Source, the Bow River Water Source, the Muswellbrook Water Source, the Jerrys Water Source, the Glendon Brook Water Source, the Luskintyre Water Source, the Singleton Water Source, the Black Creek Water Source, the Wallis Creek Water Source, the Paterson River Tributaries Management Zone in the Paterson/Allyn Rivers Water Source, the Petwyn Vale Management Zone in the Dart Brook Water Source, the North Lake Macquarie Water Source excluding Cockle Creek catchment, the South Lake Macquarie Water Source, the Dora Creek Water Source, excluding Dora Creek catchment and the Newcastle Water Source—
(i) if there is no visible flow in the water source at the location at which water is proposed to be taken, or (ii) where water is being taken from a pool, if there is no visible inflow and outflow to and from that pool, (e) subject to paragraph (i), for the first five years of this Plan, an access licence must not be used to take water from the Merriwa River Water Source if there is no visible flow in the water source at the location at which water is proposed to be taken, (f) water must not be taken under any of the following access licences when flows are in the Very Low Flow Class, A Class, A1 Class or A2 Class—
(i) an unregulated river (subcategory “Aboriginal community development”) access licence, (ii) an unregulated river (high flow) access licence, (g) water must not be taken under a major utility access licence with an extraction component which specifies the Allyn River Management Zone in the Paterson/Allyn Rivers Water Source when flows are in the Very Low Flow Class or A1 Class, unless the presence of blue green algae at the Gresford Water Treatment Plant offtake prevents the water in the Paterson Regulated River to be treated to a potable standard, (h) water must not be taken under an unregulated river access licence with an extraction component which specifies the Williams River Management Zone in the Williams River Water Source when flows are in the—
(i) Very Low Flow Class or Low Flow Class if the access licence holder is not accredited under the Williams River Accreditation Scheme, (ii) Very Low Flow Class if the access licence holder is accredited under the Williams River Accreditation Scheme, (i) paragraphs (a)–(e) do not apply to the following—
(i) the taking of water under an access licence to which Schedule 2 applies, for any of the following purposes, 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 paragraph (j)—
(1) fruit washing, (2) cleaning of dairy plant and equipment for the purpose of hygiene, (3) poultry watering and misting, or (4) cleaning of enclosures used for intensive animal production for hygiene purposes, (ii) the taking of water for domestic consumption under a domestic and stock access licence or a domestic and stock (subcategory “domestic”) access licence in these water sources, excluding the Wybong 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, Note— Domestic consumption is defined in section 52 of the Act.(iii) the taking of water for domestic consumption under a domestic and stock access licence or a domestic and stock (subcategory “domestic”) access licence in the Wybong Creek Water Source, that existed at the commencement of the , provided that the volume of water taken does not exceed 1 kilolitre per house supplied by the access licence per day, Water Sharing Plan for the Wybong Creek Water Source 2003 (iv) the taking of water using a runoff harvesting dam or from an in-river dam pool, (v) the taking of water under all access licences that nominate a water supply work that may be used to take water from the alluvial sediments in these water sources to which the access rules for unregulated river access licences do not apply as specified in clause 68, and (vi) the taking of water under a local water utility access licence to which Schedule 2 applies, until such time as the Minister is satisfied that major augmentation of the access licence holder’s water supply system has occurred, for the purposes of town water supply only, (j) the Minister may reduce the maximum daily volume limit imposed by the rule under paragraph (i) (i) if the Minister is satisfied that the reduced volume is satisfactory to meet the purpose referred to in that subclause, (k) water must not be taken from an in-river dam pool unless the in-river dam is passing such flows in such circumstances as specified on the water supply work approval for the in-river dam, (l) the flows and circumstances to be specified on the water supply work approval for the in-river dam referred to in paragraph (k) are—
(i) the flows and circumstances that were specified in conditions on the entitlement that the approval replaces, or Water Act 1912 (ii) where no flows and circumstances were specified on the entitlement, the flows and circumstances determined by the Minister, Water Act 1912 (m) paragraphs (k) and (l) do not apply to a water supply work owned and operated by Hunter Water Corporation in the Seaham Weir Management Zone in the Williams River Water Source, (n) the access rules specified in clauses 41A and 68 which apply to access licences that nominate a water supply work that may be used to take water from the alluvial sediments in these water sources as specified in those clauses, (o) water must not be taken under one of the following access licences with a share component that specifies a water source where a B Class has not been established under clause 17 of this Plan, unless flows exceed a flow class or level determined by the Minister—
(i) a new local water utility access licence granted after the commencement of this Plan pursuant to section 66 (3) or (4) of the Act, (ii) a new major utility (subcategory “Urban water”) access licence granted after the commencement of this Plan that has not replaced a local water utility access licence, and (p) water must not be taken under one of the following access licences with a share component that specifies a water source where a B Class has been established under clause 17, when flows are in the Very Low Flow Class or A Class—
(i) a new local water utility access licence granted after the commencement of this Plan pursuant to section 66 (3) or (4) of the Act, (ii) a new major utility (subcategory “Urban water”) access licence granted after the commencement of this Plan that has not replaced a local water utility access licence, or (iii) a new access licence with a zero share component granted after the commencement of this Plan. Note— These rules protect the water for the environment by limiting both water extracted over the long-term and the taking of water, in accordance with the objectives of this Plan. Highly connected water sources may not have such rules in place until year ten of this Plan. Note— This Plan recognises that the environmental health water provisions provide non-extractive benefits, including traditional Aboriginal spiritual, social, customary, economic, cultural and recreational benefits, and contributes to improved water quality.
(1) This Part is made in accordance with sections 20 (2) (b), 61 and 63 of the Act, having regard to the limits to water availability in these water sources and the need to protect dependent ecosystems. (2) In addition to those applications for specific purpose access licences permitted under clause 19 of the (hereafter Water Management (General) Regulation 2004 the Regulation ) applications may also be made in these water sources for access licences, as follows—
(a) an access licence that may be granted in accordance with an access licence dealing, Note— Dealings include the conversion of unregulated river access licences to unregulated river (high flow) access licences as specified in clause 72 of this Plan. (b) an unregulated river (subcategory “Aboriginal community development”) access licence for the taking of water from B Class flows only in any of the following water sources only—
(i) Pages River Water Source, (ii) Isis River Water Source, (iii) Lower Wollombi Brook Water Source, (iv) Paterson/Allyn River Water Source, and (v) Rouchel Brook Water Source, (c) an unregulated river (subcategory “Aboriginal community development”) access licence, must not be granted if the granting of the access licence would cause the total share components of unregulated river (subcategory “Aboriginal community development”) access licences to exceed—
(i) the sum of 170 unit shares in both the Pages River Water Source and the Isis River Water Source, (ii) 208 unit shares in the Lower Wollombi Brook Water Source, (iii) 318 unit shares in the Paterson/Allyn River Water Source, and (iv) 192 unit shares in the Rouchel Brook Water Source, and Note— Approval for granting of an unregulated river (subcategory “Aboriginal community development”) access licence will be subject to assessment of the application in regard to the level of impact of the proposed extraction. This may include consideration of the potential impact on high flow (e.g. flows greater than the 50th percentile flow) values, and any potential impact on the water source as a whole. An unregulated river (subcategory “Aboriginal community development”) access licence will not be granted in management zones where no B Class has been established. Note— An unregulated river (subcategory “Aboriginal community development”) access licence is a specific purpose access licence and as such can only be the subject of limited trade that is consistent with the purpose for which the licence was granted. Aboriginal communities, enterprises and individuals are encouraged to seek financial assistance from funding bodies to purchase other categories of access licence if they require fully tradable licences. (d) a major utility (subcategory “urban water”) access licence which replaces a local water utility access licence. Section 61 (b) of the Act also allows a person to apply for an access licence with a zero share component and section 61 (c) of the Act allows for a person to apply for an access licence where the right to apply for that access licence has been acquired under section 65 of the Act. (3) Access licences applied for under clause 5 of the Regulation shall only be granted in the Hunter River Tidal Pool Water Source, the Paterson River Tidal Pool Water Source and the Wallis Creek Tidal Pool Water Source if the applicant can demonstrate a history of extraction in the area from the defined tidal limit to the mangrove limit. (4) An access licence granted under subclause (3) will have the share component determined by a process in consultation with local water users.
(1) Subject to subclauses (2)–(4), a water supply work approval shall not be granted under section 95 of the Act or amended under section 107 of the Act, where a water supply work to be constructed or used to take water from the alluvial sediments in these water sources is located within—
(a) 400 metres of a water supply work located on another landholding that is authorised to take water from the alluvial sediments in these water sources and is nominated by another access licence, (b) 200 metres of a water supply work located on another landholding that is authorised to take water from the alluvial sediments in these water sources pursuant to basic landholder rights only, (c) 50 metres from the boundary of a landholding on which the water supply work is located, unless the owner of the landholding adjoining the boundary has provided consent in writing, (d) 500 metres from a water supply works that is authorised to take water from the alluvial sediments in these water sources and is nominated by a local water utility access licence or major utility access licence, unless the local water utility or major utility has provided consent in writing, (e) 400 metres of a Departmental observation or monitoring bore, unless the Minister has provided consent in writing. Note— The distance restrictions in this clause apply to new or amended approvals, that is, when the applicant wants to construct a new water supply work being used to take water from the alluvial sediments in these water sources and add it to an existing approval. The distance restrictions also apply when the licence holder wants to nominate new or different works on the licence. (2) The distance restrictions specified in subclause (1) do not apply where the application—
(a) relates to a water supply work which is constructed or used solely for the purpose of exercising basic landholder rights, (b) is for a replacement bore, Note— Replacement bore is defined in the Dictionary. (c) relates to a water supply work which is to be constructed or used to take water from the alluvial sediments in these water sources for monitoring, environmental management purposes, or remedial works, or (d) relates to a water supply work which is to be constructed or used to take water from the alluvial sediments in these water sources and which is nominated solely by a domestic and stock access licence, a local water utility access licence, an access licence of the subcategory “town water supply” or an access licence of the subcategory “urban water”.
(1) A water supply work approval shall not granted under section 95 of the Act or amended under section 107 of the Act, where a water supply work to be constructed or used to take water from the alluvial sediments in these water sources is located within—
(a) 100 metres of a contamination source as listed in Schedule 3, unless the applicant can demonstrate to the Minister’s satisfaction, that—
(i) a lesser distance will result in no more than minimal harm to the water source, and (ii) the taking of water will not impact on the environment or cause a threat to public health as confirmed by the Minister for Health, or (b) a greater distance than in paragraph (a), as determined by the Minister, to ensure that no more than minimal harm will occur to the water source, and that extraction will not impact on the environment or cause a threat to public health as confirmed by the Minister for Health.
(1) High priority groundwater-dependent ecosystems within these water sources are shown on the map called ( High Priority Groundwater-Dependent Ecosystem Map (GDE012_Version 1) Water Sharing Plan for the Hunter Unregulated and Alluvial Water Sources 2009 the GDE Map ) held by the Department.(1A) Subject to subclauses (4) and (6), a water supply work approval shall not be granted under section 95 of the Act or amended under section 107 of the Act, where the water supply work to be constructed or used to take water from the alluvial sediments in these water sources, excluding the Lower Goulburn River, the Upper Goulburn River and Hunter Regulated River Alluvial Water Sources, is located within—
(a) 100 metres of a high priority groundwater dependent ecosystem, excluding high priority karst environment groundwater dependent ecosystems, shown on the GDE Map, where the water supply work is to be used solely to take water pursuant to basic landholder rights, (b) 200 metres of a high priority groundwater dependent ecosystem, excluding high priority karst environment groundwater dependent ecosystems, shown on the GDE Map, where the water supply work is not to be used solely to take water pursuant to basic landholder rights, (c) 500 metres of a high priority karst environment groundwater dependent ecosystem, shown on the GDE Map, (d) the bed of a third order of higher stream and perennial rivers, unless assessment indicates that the work will have minimal impact on the river environment or river stability, or Note— It is acknowledged that there will be some impact from the replacement of works however these must not have a detrimental impact on river bed levels or slope, cause diversion of flows or contribute to bank destabilisation. (e) a distance where there is likely to be drawdown at the outside edge of the distances referred to in subclauses (1A) (a) and (b). Note— Subclause (1A) does not apply to current authorised extraction from an existing water supply work being used to take water from the alluvial sediments in these water sources or to replacement bores. Replacement bore is defined in the Dictionary. (2) Subject to subclauses (4) and (6), a water supply work approval shall not be granted under section 95 of the Act or amended under section 107 of the Act, where the water supply work to be constructed or used to take water from the alluvial sediments in the Lower Goulburn River or the Upper Goulburn River Water Sources, where a water supply work being used to take water from the alluvial sediments, is located—
(a) Upstream of Kerrabee—
(i) within 100 metres of a high priority groundwater dependent ecosystem, excluding high priority karst environment groundwater dependent ecosystems, shown on the GDE Map, where the water supply work is to be used solely to take water pursuant to basic landholder rights, or (ii) within 200 metres of a high priority groundwater dependent ecosystem, excluding high priority karst environment groundwater dependent ecosystems, shown on the GDE Map, where the water supply work is not to be used solely to take water pursuant to basic landholder rights, or (iii) within 500 metres of a high priority karst environment groundwater dependent ecosystem, shown on the GDE Map, or (iv) within 40 metres of the top of the high bank of any third order or above stream, or lagoon, or (v) within 40 metres of first and second order stream, unless—
(1) the water supply work to be constructed or used is drilled into the underlying parent material, and the slotted intervals of the works commences deeper than 30 metres, or (2) the applicant can demonstrate that the bore will have no more than minimal impact on base flows in the stream, and (vi) a distance where there is likely to be drawdown at the outside edge of the distances referred to in paragraph (a) (i) and (ii), and (b) Downstream of Kerrabee—
(i) within 100 metres of a high priority groundwater dependent ecosystems, excluding high priority karst environment groundwater dependent ecosystems, shown on the GDE Map, where the water supply work is to be used solely to take water pursuant to basic landholder rights, or (ii) within 200 metres of a high priority groundwater dependent ecosystems, excluding high priority karst environment groundwater dependent ecosystems, shown on the GDE Map, where the water supply work is not to be used solely to take water pursuant to basic landholder rights, or (iii) within 500 metres of a high priority karst environment groundwater dependent ecosystems, shown on the GDE Map, (iv) in the bed of a third order or higher stream and perennial rivers, unless assessment indicates that the water supply work will have no more than minimal impact on the river environment or river stability, or Note— It is acknowledged that there will be some impact from the replacement of works however these must not have a detrimental impact on river bed levels or slope, cause diversion of flows or contribute to bank destabilisation. (v) a distance where there is likely to be drawdown at the outside edge of the distances referred to in paragraph (b) (i) and (ii). Note— Subclause (2) does not apply to current authorised extraction from an existing water supply work being used to take water from the alluvial sediments in these water sources or to replacement bores.
(1) The rules in this clause apply to water supply work approvals for water supply works that are authorised to take water from the alluvial sediments in these water sources. (2) Subject to subclauses (3) and (4), a water supply work that is located within a restricted distance specified in clauses 39–41, must not, in any water year, be used to take more water than the volume of water that is equal to—
(a) the sum of the share components of the access licences nominating that water supply work at the commencement of this Plan, plus (b) the maximum volume that can be carried over by access licences nominating that water supply work at the commencement of this Plan in accordance with—
(i) clause 56 (8) for domestic and stock, local water utility, unregulated river, unregulated river (high flow) and aquifer access licences with a share component that specifies one of these water sources excluding the Hunter Regulated River Alluvial, the Baerami Creek, the Widden Brook, the Bylong River, the Wollar Creek, the Upper Goulburn River, the Lower Goulburn River, the Martindale Creek, the Doyles Creek and the Lower Wollombi Brook Water Sources, the Appletree Flat Management Zone of the Jerrys Water Source, the Segenhoe Management Zone of the Pages River Water Source and the Wollombi Brook Management Zone of the Upper Wollombi Brook Water Source, (ii) clause 56 (10) for domestic and stock, local water utility and aquifer access licences with a share component that specifies Hunter Regulated River Alluvial Water Source.
(1) The long-term average annual extraction limit for the Lake Macquarie Extraction Management Unit is equal to the total of—
(a) the quantity of water specified in conditions attached to or included in entitlements issued under Part 2 of the in the Lake Macquarie Extraction Management Unit, immediately prior to the commencement of this Plan for water sources in the Lake Macquarie Extraction Management Unit, plus Water Act 1912 (b) the annual extraction of water under domestic and stock rights and native title rights in the water sources in the Lake Macquarie Extraction Management Unit at the commencement of this Plan, plus (c) the share component of access licences granted in the Lake Macquarie Extraction Management Unit under the Regulations and Part 8 of this Plan. (2) (3) In the Greater Hunter Extraction Management Unit there will be separate long-term extraction limits applying to extractions under—
(a) basic landholder rights and access licences, other than those major utility access licences held by Hunter Water Corporation, and (b) major utility access licences held by Hunter Water Corporation.
(1) The long-term average annual extraction limit for one or more of these Units may vary following the granting, cancellation or modification of access licences under the Act or through a dealing under Part 12 of this Plan.
Note— Compliance with the long-term average annual extraction limit is managed through the making of available water determinations, under section 59 of the Act, for access licences in these water sources. The rules for making the available water determinations contained in Division 2 of this Part, are subject to this clause. (1) Commencing in the fourth water year in which this Plan has effect, if, in the Minister’s opinion, the assessment under clause 46 demonstrates that annual extractions in the respective extraction management unit averaged over the preceding three water years have exceeded the long-term average annual extraction limit established under clause 44 for that extraction management unit by 5% or more, then the available water determinations for unregulated river access licences, unregulated river (high flow) access licences and aquifer access licences in that extraction management unit are to be reduced by an amount that is, in the Minister’s opinion, necessary to return average annual extractions in the respective extraction management unit to the long-term average annual extraction limit established in this Part. This subclause does not apply to the long-term average annual extraction limit for major utility access licences held by Hunter Water Corporation in the Greater Hunter Extraction Management Unit established under clause 44 (3) (b). (2) (3) Any reduction or increase to the available water determination made under Division 2 of this Part for unregulated river access licences, unregulated river (high flow) access licences and aquifer access licences within an extraction management unit shall be the same. (4) Any reduction or increase to the available water determinations made Division 2 of this Part for unregulated river access licences, unregulated river (high flow) access licences and aquifer access licences, in these water sources under this clause may be repeated for the subsequent two water years, if necessary, to allow total water extraction under basic landholder rights and access licences in the respective extraction management unit to return to the long-term average annual extraction limit.
(1) An available water determination shall be made at the commencement of each water year for aquifer access licences in these water sources, excluding the Hunter Regulated River Alluvial Water Source, equal to 1 megalitre per unit of access licence share component or such lower amount resulting from clause 47. (2) An available water determination shall be made at the commencement of each water year for all aquifer access licences in the Hunter Regulated River Alluvial Water Source and should be equivalent to the available water determination made for regulated river (high security) access licences under the or such lower amount resulting from clause 47. Water Sharing Plan for the Hunter Regulated River Water Source 2003
(1) Water taken by a nominated water supply work under an access licence will be debited against the water allocation account for the access licence. Note— The volume of water extracted by a nominated water supply work is used to account for the extractions against an individual access licence water allocation account. It is an offence under the Act to take water when there is no, or insufficient water allocations credited to a water allocation account for an access licence. (2) Where a water supply work is being used both to take water for basic landholder rights and an access licence(s), the water is to be accounted on the basis that an annual volume equal to the basic landholder right for the water year will be the first volume regarded as being taken and all other water taken in that year will be accounted as extraction pursuant to the respective access licence(s). (3) The maximum volume that may be taken under a domestic and stock, local water utility, unregulated river, unregulated river (high flow) and aquifer access licences in these water sources, excluding those within the Baerami Creek, the Widden Brook, the Bylong River, the Wollar Creek, the Upper Goulburn River, the Lower Goulburn River, the Martindale Creek, the Doyles Creek and the Lower Wollombi Brook Water Sources, the Appletree Flat Management Zone of the Jerrys Water Source, the Segenhoe Management Zone of the Pages River Water Source, the Halls Creek, the Lower Middle Brook and Kingdon Ponds Management Zone of the Lower Dart Brook and the Upper Wollombi Brook Water Source, in any three consecutive water years after the first water year in which this Plan has effect must not exceed a volume equal to the lesser of—
(a) the sum of—
(i) water allocations accrued to the water allocation account for the access licence from available water determinations in those three water years, (ii) the water allocations carried over from the water year prior to those three water years under subclause (8), (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, (ii) the share component of the access licence at the beginning of the second of those three water years, (iii) the share component of the access licence at the beginning of the third of those three water years, (iv) the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act in those three water years, and (v) any water allocations re-credited to the water allocation account for the access licence in accordance with section 76 of the Act in those three water years. (4) Notwithstanding subclause (3), the maximum volume that may be taken under a domestic and stock, local water utility, unregulated river, unregulated river (high flow) and aquifer access licences in these water sources, excluding those within the Baerami Creek, the Widden Brook, the Bylong River, the Wollar Creek, the Upper Goulburn River, the Lower Goulburn River, the Martindale Creek, the Doyles Creek, the Lower Wollombi Brook Water Sources, the Appletree Flat Management Zone of the Jerrys Water Source, the Segenhoe Management Zone of the Pages River Water Source, the Halls Creek, the Lower Middle Brook and Kingdon Ponds Management Zone of the Lower Dart Brook and the Upper Wollombi Brook Water Source, in the first three water years in which this Plan has effect must not exceed a volume equal to—
(a) 50% of the water allocations accrued to the water allocation account for the access licence from available water determinations in the first water year, plus (b) the sum of water allocations accrued to the water allocation account for the access licence from available water determinations in the second and third water years, plus (c) the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act in those water years, plus (d) any water allocations re-credited to the water allocation account for the access licence in accordance with section 76 of the Act in those water years. (5) In any water year, the maximum volume that may be taken under a domestic and stock, local water utility, unregulated river, unregulated river (high flow) and aquifer access licences in the Baerami Creek, the Widden Brook, the Bylong River, the Wollar Creek, the Upper Goulburn River, the Lower Goulburn River, the Martindale Creek, the Doyles Creek and the Lower Wollombi Brook Water Sources, the Appletree Flat Management Zone of the Jerrys Water Source, the Segenhoe Management Zone of the Pages River Water Source, the Halls Creek, the Lower Middle Brook and Kingdon Ponds Management Zone of the Lower Dart Brook and the Upper Wollombi Brook Water Source must not exceed a volume equal to—
(a) the sum of water allocations accrued to the water allocation account for the access licence from available water determinations in that water year, plus (b) the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act in that water year, plus (c) any water allocations re-credited to the water allocation account for the access licence in accordance with section 76 of the Act in that water year.
(1) Total daily extraction limits (hereafter TDEL ) have not been established or assigned in the Munmurra River, the Krui River, the Bow River, the Merriwa River, the Halls Creek, the Baerami Creek, the Widden Brook, the Bylong River, the Wollar Creek, the Upper Goulburn River, the Muswellbrook, Lower Goulburn, Dart Brook, the Upper Hunter River, the Jerrys, Glennies, the Glendon Brook, the Luskintyre, the Singleton, the Martindale Creek, the Doyles Creek, the Black Creek, the Wallis Creek, the Newcastle, the Upper Paterson, the Upper Wollombi Brook, the North Lake Macquarie, the South Lake Macquarie, the Dora Creek, the Hunter Regulated River Alluvial, the Wallis Creek Tidal Pool, the Hunter River Tidal Pool, the Paterson Tidal Pool or the Wybong Creek Water Sources.
(1) Except for an aquifer access licence referred to in subclause (3), all aquifer access licences—
(a) in the Isis River Water Source, the Upper Hunter River Water Source, the Rouchel Brook Water Source, the Muswellbrook Water Source, the Jerrys Management Zone of the Jerrys Water Source, the Glennies Water Source, the Glendon Brook Water Source, the Luskintyre Water Source, the Singleton Water Source, the Black Creek Water Source, the Wallis Creek Water Source, the Newcastle Water Source, the Paterson/Allyn Rivers Water Source, the Williams River Water Source, the Upper Paterson Water Source, the North Lake Macquarie Water Source, the South Lake Macquarie Water Source or the Dora Creek Water Source, and (b) which nominate a water supply work which may be used to take water from the alluvial sediments in these water sources, which is located at or less than 40 metres from the top of the high bank of a river, shall from year six of this Plan, be subject to the same access rules as unregulated river access licences for the corresponding water source or management zone specified in clause 19 of this Plan. (2) All aquifer access licences—
(a) in the Munmurra River Water Source, the Krui River Water Source, the Bow River Water Source, the Merriwa River Water Source, the Halls Creek Water Source, the Baerami Creek Water Source, the Widden Brook Water Source, the Bylong River Water Source, the Wollar Creek Water Source, the Upper Goulburn River Water Source, the Lower Goulburn River Water Source, the Dart Brook Water Source, the Pages River Water Source, the Martindale Creek Water Source, the Doyles Creek Water Source, the Lower Wollombi Brook Water Source or the Upper Wollombi Brook Water Source, and (b) which nominate a water supply work which may be used to take water from the alluvial sediments in these water sources, shall be subject to the same access rules as unregulated river access licences for the corresponding water source or management zone specified in clause 19 of this Plan.
(1) This clause applies to any dealings under sections 71Q, 71S, 71T and 71W of the Act within these water sources. (2) The dealings specified in subclause (1) are prohibited if—
(a) the dealing involves an assignment of water allocation under section 71T of the Act, from a major utility access licence or from an unregulated river (high flow) access licence to another category of access licence within these water sources, (b) the dealing would result in the amount of total extraction of water from the alluvial sediments in these water sources, under aquifer access licences which nominate a water supply work used to take water from alluvial sediments in these water sources, plus basic landholder rights extractions, requiring a temporary water restriction order to be made under section 324 (2) of the Act, (c) the dealing involves an assignment of access rights under section 71Q of the Act, or an allocation assignment under section 71T of the Act from an aquifer access licence that nominates a water supply works which may be used to take water from the alluvial sediments in these water sources, which is located more than 40 metres from the top of the bank of a river to an aquifer access licence that nominates a water supply work which may be used to take water from the alluvial sediments in these water sources, which is located within 40 metres from the top of the bank of a river, in the Isis River Water Source, the Upper Hunter River Water Source, the Rouchel Brook Water Source, the Muswellbrook Water Source, the Jerrys Water Source, the Glennies Water Source, the Glendon Brook Water Source, the Luskintyre Water Source, the Singleton Water Source, the Black Creek Water Source, the Wallis Creek Water Source, the Newcastle Water Source, the Paterson/Allyn Rivers Water Source, the Williams River Water Source, the Upper Paterson Water Source, the North Lake Macquarie Water Source, the South Lake Macquarie Water Source or the Dora Creek Water Source, (d) the dealing involves an assignment of access rights under section 71Q of the Act, or an allocation assignment under section 71T of the Act from an access licence which nominates a water supply works that is located more than 200 metres from the top of the bank of a river to an access licence which nominates a water supply works that is located within 200 metres from the top of the bank of a river, in the Hunter Regulated River Alluvial Water Source, (e) the dealing involves an assignment of access rights under section 71Q of the Act, or an allocation assignment under section 71T of the Act from an access licence which nominates a water supply work that is located within 200 metres from the top of the bank of the a river to an access which nominates a water supply work that is located at a distance that is closer to the top of the bank of the river, in the Hunter Regulated River Alluvial Water Source, (f) the dealing involves an assignment of access rights under section 71Q of the Act, or an allocation assignment under section 71T of the Act from an access licence in—
(i) the Upper Goulburn River Water Source, the Rouchel Brook Water Source and the Upper Wollombi Brook Water Source, to another access licence that nominates a water supply work that is upstream from a water supply work nominated by the access licence, unless the dealing relates to access licences for the same property, (ii) the Pages River Water Source in a downstream direction from the Murrurundi Management Zone, the Scotts Creek Management Zone, the Kewell Creek Management or the Gundy Management Zone into the Segenhoe Management Zone, (iii) the Segenhoe Management Zone, the Gundy Management Zone or the Kewell Creek Management Zone in the Pages River Water Source, to another access licence in the Murrurundi Management Zone or the Scotts Creek Management Zone in the Pages River Water Source, Note— This is to prevent dealings from below Camerons Gorge National Park to above Camerons Gorge National Park. (iv) the Upper Middle Brook Management Zone, the Upper Dart Brook Management Zone or the Petwyn Vale Management Zone in the Dart Brook Water Source to another access licence not in the same management zone, (v) the Upper Middle Brook Management Zone, the Upper Dart Brook Management Zone or the Petwyn Vale Management Zone to another access licence in the Lower Dart Brook Management Zone or the Lower Middle Brook and Kingdon Ponds Management Zone in the Dart Brook Water Source, (vi) the Lower Dart Brook Management Zone to another access licence in the Lower Middle Brook and Kingdon Ponds Management Zone in the Dart Brook Water Source, (vii) the Muswellbrook Water Source, the Jerrys Water Source, the Singleton Water Source, the Luskintyre Water Source or the Newcastle Water Source, to another access licence that nominates a water supply work that is in a different tributary to a water supply work nominated by the access licence in the water source, (viii) the Glennies Water Source, if the access licence nominates a water supply work in a stream below Glennies Creek Dam to another access licence that nominates a water supply work in a stream above Glennies Creek Dam, (ix) the Black Creek Water Source from any access licence which nominates a water supply work with a runoff harvesting dam to another access licence in Black Creek or its tributaries, (x) the Williams River Water Source, if the access licence nominates a water supply work in a stream below Chichester Dam to another access licence that nominates a water supply work in a stream above Chichester Dam, or (xi) the Munmurra River, the Bow River, the Krui River, the Merriwa River, the Martindale River, the Dart Brook, the Hunter Regulated River Alluvial Water Source, the Pages River, the Upper Goulburn River, the Lower Goulburn River, the Upper Wollombi Brook, the Lower Wollombi Brook, the Halls Creek, the Baermai Creek, the Widden Brook, the Bylong River, the Wollar Creek, the Upper Goulburn River, the Doyles Creek or the Lower Goulburn River Water Sources, to another access licence in the water source which is subject to an order under section 324 of the Act, (g) the dealing involves an assignment of access rights under section 71Q of the Act from an access licence in the Downstream Glennies Creek Management Zone and the Glennies Creek Management Zone of the Hunter Regulated River Alluvial Water Source, to an access licence the Upstream Glennies Creek Management Zone of the Hunter Regulated River Alluvial Water Source, where it would result in the sum of all share components in the Upstream Glennies Creek Management Zone exceeding the total share components of all access licences in the Upstream Glennies Creek Management Zone at the commencement of this Plan, (h) the dealing involves an allocation assignment under section 71T of the Act from an access licence in the Downstream Glennies Creek Management Zone and the Glennies Creek Management Zone of the Hunter Regulated River Alluvial Water Source, to the Upstream Glennies Creek Management Zone, where in the opinion of the Minister—
(i) the dealing would place the supply of water for water allocations already in the water allocation accounts of access licences nominating water supply works in Management Zone 1 specified in the , at risk, or Water Sharing Plan for the Hunter Regulated River Water Source 2003 (ii) the dealing would place the future reliability of supply to access licences in Management Zone 1 specified in the Water Sharing Plan for the Hunter Regulated River Water Source 2003, at significant risk, Note— At the commencement of this Plan, the does not allow for dealings between regulated river or unregulated river water sources to groundwater sources. Dealings between regulated river access licences and aquifer access licences may be allowed in future Water Sharing Plans. At the commencement of this Plan, the Access Licence Dealing Principles Order 2004 does not currently allow for dealings between alluvial and regulated river access licences. Water Sharing Plan for the Hunter Regulated River Water Source 2003 (i) the dealing involves an allocation assignment under section 71T of the Act from an access licence in the Upstream Glennies Creek Management Zone and the Downstream Glennies Creek Management Zone of the Hunter Regulated River Alluvial Water Source, to the Glennies Creek Management Zone of the Hunter Regulated River Alluvial Water Source, where in the opinion of the Minister—
(i) the dealing would place the supply of water for water allocations already in the water allocation accounts of access licences nominating water supply works in Management Zone 3 specified in the , at any risk, or Water Sharing Plan for the Hunter Regulated River Water Source 2003 (ii) the dealing would place the future reliability of supply to access licences in Management Zone 3 specified in the , at significant risk, Water Sharing Plan for the Hunter Regulated River Water Source 2003 (j) the dealing involves an access licence that currently nominates a water supply works in—
(i) the Upper Goulburn River Water Source, the Rouchel Brook Water Source or the Upper Wollombi Brook Water Source, being amended under section 71W of the Act to nominate a water supply work located in an upstream direction, (ii) the Murrurundi Management Zone, the Scotts Creek Management Zone, the Kewell Creek Management Zone or the Gundy Management Zone in the Pages River Water Source being amended under section 71W of the Act to nominate a water supply work in the Segenhoe Management Zone in the Pages River Management Zone, (iii) the Segenhoe Management Zone, Gundy Management Zone or Kewell Creek Management Zone in the Pages River Water Source, being amended under section 71W of the Act to nominate a water supply work in the Murrurundi Management Zone or the Scotts Creek Management Zone in the Pages River Water Source, (iv) the Upper Middle Brook Management Zone, the Upper Dart Brook Management Zone or the Petwyn Vale Management Zone in the Dart Brook Water Source, being amended under section 71W of the Act to nominate a water supply work not in the same management zone, (v) the Upper Middle Brook Management Zone, the Upper Dart Brook Management Zone or the Petwyn Vale Management Zone in the Dart Brook Water Source being amended under section 71W of the Act to nominate a water supply work in the Lower Dart Brook Management Zone or Lower Middle Brook and Kingdon Ponds Management Zone in the Dart Brook Water Source, (vi) the Lower Dart Brook Management Zone in the Dart Brook Water Source being amended under section 71W of the Act to nominate a water supply work in the Lower Middle Brook and Kingdon Ponds Management Zone in the Dart Brook Water Source, (vii) the Muswellbrook Water Source, the Jerrys Water Source, the Singleton Water Source, the Luskintyre Water Source, the Newcastle Water Source, being amended under section 71W of the Act to nominate a water supply work in a different tributary within the water source, (viii) streams below Glennies Creek Dam being amended under section 71W of the Act to nominate a water supply work into streams above Glennies Creek Dam in the Glennies Water Source, (ix) the Black Creek Water Source which is a runoff harvesting dam being amended under section 71W of the Act to nominate a water supply work which take water from Black Creek or its tributaries, (x) streams below Chichester Dam being amended under section 71W of the Act to nominate a water supply work into streams above Chichester Dam in the Williams River Water Source, (xi) the Murmurra River, the Bow River, the Krui River, the Merriwa River, the Martindale River, the Doyles River, the Dart Brook, Hunter Regulated River Alluvial Water Source, the Pages River, the Upper Goulburn River, the Lower Goulburn River, the Upper Wollombi Brook, the Lower Wollombi Brook, the Halls Creek, the Baermai Creek, the Widden Brook, the Bylong River, the Wollar Creek, the Upper Goulburn River and the Lower Goulburn River Water Sources, being amended under section 71W of the Act to nominate a water supply work in an area which is subject to an order under section 324 of the Act, (xii) the Downstream Glennies Creek Management Zone and the Glennies Creek Management Zone in the Hunter Regulated River Alluvial Water Source being amended under section 71W of the Act to nominate a water supply work in the Upstream Glennies Creek Management Zone in the Hunter Regulated River Alluvial Water Source, if it would result in the sum of share components of all access licences in the Upstream Glennies Creek Management Zone exceeding the total share components of all access licences in the Upstream Glennies Creek Management Zone at the commencement of this Plan, and (xiii) the Downstream Glennies Creek Management Zone and the Upstream Glennies Creek Management Zone of the Hunter Regulated River Alluvial Water Source, being amended under section 71W of the Act to nominate a water supply work in the Glennies Creek Management Zone in the Hunter Regulated River Alluvial Water Source if, in the opinion of the Minister, this would place the supply of water allocations already in the water for water allocation accounts of access licences which nominate a water supply work in the Glennies Creek Management Zone, at risk, (k) the dealing involves an access licence that nominate a water supply works which may be used to take water from the alluvial sediments in these water sources, which is located more than 40 metres from the top of the bank of a river being amended under section 71W of the Act to nominate a water supply work which may be used to take water from the alluvial sediment in these water sources which is located within 40 metres from the top of the bank of a river, in the Isis River Water Source, the Upper Hunter River Water Source, the Rouchel Brook Water Source, the Muswellbrook Water Source, the Jerrys Water Source, the Glennies Water Source, the Glendon Brook Water Source, the Luskintyre Water Source, the Singleton Water Source, the Black Creek Water Source, the Wallis Creek Water Source, the Newcastle Water Source, the Paterson/Allyn Rivers Water Source, the Williams River Water Source, the Upper Paterson Water Source, the North Lake Macquarie Water Source, the South Lake Macquarie Water Source and the Dora Creek Water Source, (l) the dealing involves an access licence that nominates a water supply works which is located more than 200 metres from the top of the bank of a river being amended under section 71W of the Act to nominate a water supply work which is located within 200 metres from the top of the bank of a river, in the Hunter Regulated River Alluvial Water Source, (m) the dealing involves access licence that nominates a water supply work which is located within 200 metres from the top of the bank of the a river being amended under section 71W of the Act to nominate a water supply work which is located at a distance closer to the top of the bank of the river, in the Hunter Regulated River Alluvial Water Source, (n) the dealing involves an assignment of access rights under section 71Q of the Act, an allocation assignment under section 71T of the Act or an access licence being amended under section 71W of the Act from an access licence in the Kars Springs Management Zone in the Wybong Creek Water Source, if it would cause the sum of the share components of all access licences—
(i) in the Kars Springs, Bunnan and White Rock Management Zones in the Wybong Creek Water Source to exceed 4,231, (ii) in the Cuan and Reedy Creeks Management Zone and Cuan Management Zone in the Wybong Creek Water Source to exceed 553, or (iii) in the Manobalai and Wybong Management Zones in the Wybong Creek Water Source to exceed 6,719, (o) the dealing involves an assignment of access rights under section 71Q of the Act, an allocation assignment under section 71T of the Act or an access licence being amended under section 71W of the Act from an access licence in the Cuan Management Zone in the Wybong Creek Water Source—
(i) to another access licence in the—
(A) Kars Springs Management Zone, or (B) Bunnan Management Zone, or (ii) if it would cause the sum of the share components of all access licences—
(A) in the Kars Springs, Bunnan and White Rock Management Zones in the Wybong Creek Water Source to exceed 4,231, (B) in the Cuan and Reedy Creeks Management Zone and Cuan Management Zone in the Wybong Creek Water Source to exceed 553, or (C) in the Manobalai and Wybong Management Zones in the Wybong Creek Water Source to exceed 6,719, (p) the dealing involves an assignment of access rights under section 71Q of the Act, an allocation assignment under section 71T of the Act or an access licence being amended under section 71W of the Act from an access licence in the White Rock Management Zone in the Wybong Creek Water Source—
(i) to another access licence in the—
(A) Kars Spring Management Zone, (B) Bunnan Management Zone, (C) Cuan Management Zone, or (D) Cuan and Reedy Creeks Management Zone, or (ii) if it would cause the sum of the share components of all access licences in the Manobalai and Wybong Management Zones in the Wybong Creek Water Source to exceed 6,719, (q) the dealing involves an assignment of access rights under section 71Q of the Act, an allocation assignment under section 71T of the Act or an access licence being amended under section 71W of the Act from an access licence in the Bunnan Management Zone in the Wybong Creek Water Source—
(i) to another access licence in the—
(A) Kars Spring Management Zone, or (B) Cuan Management Zone, or (ii) if it would cause the sum of the share components of all access licences—
(A) in the Kars Springs, Bunnan and White Rock Management Zones in the Wybong Creek Water Source to exceed 4,231, (B) in the Cuan and Reedy Creeks Management Zone and Cuan Management Zone in the Wybong Creek Water Source to exceed 553, or (C) in the Manobalai and Wybong Management Zones in the Wybong Creek Water Source to exceed 6,719, (r) the dealing involves an assignment of access rights under section 71Q of the Act, an allocation assignment under section 71T of the Act or an access licence being amended under section 71W of the Act from an access licence in the Cuan and Reedy Creeks Management Zone in the Wybong Creek Water Source—
(i) to another access licence in the—
(A) Kars Spring Management Zone, (B) Bunnan Management Zone, or (C) Cuan Management Zone, or (ii) if it would cause the sum of the share components of all access licences—
(A) in the Kars Springs, Bunnan and White Rock Management Zones in the Wybong Creek Water Source to exceed 4,231, or (B) in the Manobalai and Wybong Management Zones in the Wybong Creek Water Source to exceed 6,719, (s) the dealing involves an assignment of access rights under section 71Q of the Act, an allocation assignment under section 71T of the Act or an access licence being amended under section 71W of the Act from an access licence in the Manobalai Management Zone in the Wybong Creek Water Source—
(i) to another access licence in the—
(A) Kars Spring Management Zone, (B) Bunnan Management Zone, (C) White Rock Management Zone, (D) Cuan Management Zone, or (E) Cuan and Reedy Creeks Management Zone, or (ii) if it would cause the sum of the share components of all access licences in the Manobalai and Wybong Management Zones in the Wybong Creek Water Source to exceed 6,719, (t) the dealing involves an assignment of access rights under section 71Q of the Act, an allocation assignment under section 71T of the Act or an access licence being amended under section 71W of the Act from an access licence in the Wybong Management Zone in the Wybong Creek Water Source.
(1) This clause relates to dealings under section 71Q, 71R and 71W of the Act. Note— Section 71R dealings are the mechanism by which access licences can move from one water source to another. Once the change in water source has been affected, if permitted, the new licence will have to nominate specified works (by a dealing under section 71W of the Act) in the receiving water source before extraction can commence. (2) Dealings under section 71Q, 71R and 71W of the Act to change the water source to which an access licence applies are prohibited in these water sources if—
(a) the dealing involves a change of water source from one extraction management unit to another extraction management unit, and (b) the dealing is from any water source within the Lake Macquarie or Greater Hunter Extraction Management Unit, except for—
(i) dealings from the Upper Wollombi Brook to the Lower Wollombi Brook Water Sources, provided that the dealing does not cause the sum of all access licence share components in the Lower Wollombi Brook Water Source to exceed the sum of all access licence share components in that water source at the commencement of this Plan, and (ii) dealings into the Krui River, the Bow River, the Bylong River, the Wollar Creek, Halls Creek, the Baerami Creek, the Widden Brook, Dart Brook, the Pages River, the Isis River, the Muswellbrook, the Jerrys, the Glendon Brook, the Luskintyre, the Singleton, the Martindale Creek, the Doyles Creek, the Black Creek, the Wallis Creek and the North Lake Macquarie Water Sources, provided that the dealing does not cause the sum of all access licence share components in the respective water sources to exceed the sum of all access licence share components for the water source at the commencement of this Plan. Note— Dealings between regulated river access licences and aquifer access licences may be allowed in future Water Sharing Plans. The does not currently allow for dealings between alluvial and regulated river access licences. These rules should be reviewed at the term of this Plan. Water Sharing Plan for the Hunter Regulated River Water Source 2003 (3) Dealings under section 71Q, 71R and 71W of the Act to change the water source to which an access licence applies are prohibited in these water sources if the dealing involves an unregulated river (high flow) access licence or an unregulated river (Aboriginal community development) access licence. (4) Dealings under section 71Q, 71R and 71W of the Act to change the water source to which an access licence applies are prohibited in these water sources if the dealing would result in the total extraction pursuant to access licences which nominate a water supply works which may be used to take water from the alluvial sediments in these water sources, plus basic landholder rights extraction would require a temporary water restriction order to be made under section 324 (2) of the Act. (5) Unless the application is for a replacement water supply work being used to take water from the alluvial sediments in these water sources that is part of a bore network for a local water utility or town water supply or a new water supply works which may be used to take water from alluvial sediments in these water sources required as part of a dealing involving the conversion of an unregulated river access licence to an aquifer access licence under section 71O of the Act, consent to a nominated work under section 71W, is not to be granted in these groundwater sources, if it would result in a water supply work which may be used to take water from the alluvial sediments in these water sources being authorised to extract water within 40 metres of the top of the high bank of a river.
(1) This clause relates to dealings under section 71T of the Act, in relation to water allocation assignments between water sources. (2) Dealings under section 71T of the Act that result in water allocation assignments from a major utility access licence to any other access licence are prohibited.
(1) Access licences in these water sources must have mandatory conditions where required to give effect to the following—
(a) the relevant water allocation account management rules specified in Division 2 of Part 11 of this Plan, (b) the relevant access rules for the taking of water specified in Division 3 and Division 4 of Part 11, (c) the holder of the access licence upon becoming aware of a breach of any condition must—
(i) notify the Minister as soon as practicable, and (ii) confirm this notification in writing within seven days of becoming aware of the breach, and (d) any other condition required to implement the provisions of this Plan. (2) Access licences in these water sources, excluding access licences that nominate only a metered water supply work with a data logger, must have mandatory conditions where required to give effect to the following—
(a) the holder of the access licence must keep a Logbook, (b) the holder of the access licence must record the following in the Logbook—
(i) each date and start and end time during which water was taken under the access licence, (ii) the volume of water taken on that date, (iii) the water supply work approval number of the water supply work used to take the water on that date, (iv) the purpose or the purposes for which water was taken on that date, (v) for domestic and stock access licences, local water utility access licences, unregulated river access licences, unregulated river (high flow) access licences and aquifer access licences with a share component that specifies one of these water sources, excluding the Baerami Creek Water Source, the Widden Brook Water Source, the Bylong River Water Source, the Wollar Creek Water Source, the Upper Goulburn River Water Source, the Lower Goulburn River Water Source, the Martindale Creek Water Source, the Doyles Creek Water Source, the Lower Wollombi Brook Water Source, the Appletree Flat Management Zone in the Jerrys Water Source, the Segenhoe Management Zone in the Pages River Water Source, the Halls Creek Water Source, the Lower Middle Brook and Kingdon Ponds Management Zone of the Lower Dart Brook Water Source and the Upper Wollombi Brook Water Source, the volume of water taken in the first three water years, by comparison to the maximum volume of water permitted to be taken in those years under clause 56 (4), (vi) for domestic and stock access licences, local water utility access licences, unregulated river access licences, unregulated river (high flow) access licences and aquifer access licences with a share component that specifies one of these water sources, excluding the Baerami Creek Water Source, the Widden Brook Water Source, the Bylong River Water Source, the Wollar Creek Water Source, the Upper Goulburn River Water Source, the Lower Goulburn River Water Source, the Martindale Creek Water Source, the Doyles Creek Water Source, the Lower Wollombi Brook Water Source, the Appletree Flat Management Zone in the Jerrys Water Source, the Segenhoe Management Zone in the Pages River Water Source, the Halls Creek Water Source, the Lower Middle Brook and Kingdon Ponds Management Zone in the Lower Dart Brook Water Source and the Upper Wollombi Brook Water Source, the volume of water taken in any three consecutive years after the first water year, by comparison to the maximum volume of water permitted to be taken in those years under clause 56 (3), (vii) for domestic and stock access licences, local water utility access licences, unregulated river access licences, unregulated river (high flow) access licences and aquifer access licences with a share component that specifies the Baerami Creek Water Source, the Widden Brook Water Source, the Bylong River Water Source, the Wollar Creek Water Source, the Upper Goulburn River Water Source, the Lower Goulburn River Water Source, the Martindale Creek Water Source, the Doyles Creek Water Source and the Lower Wollombi Brook Water Source, the Appletree Flat Management Zone in the Jerrys Water Source, the Segenhoe Management Zone in the Pages River Water Source, the Halls Creek Water Source, the Lower Middle Brook or Kingdon Ponds Management Zone in the Lower Dart Brook Water Source or the Upper Wollombi Brook Water Source, the volume of water taken in any water year, by comparison to the maximum volume of water permitted to be taken in that water year under clause 56 (5), and (viii) any other information required to be recorded in the Logbook under the rules of this Plan, (c) the holder of an access licence must produce the Logbook to the Minister for inspection, when requested, and (d) the holder of an access licence must retain the information required to be recorded in the Logbook for five years from the date to which that information relates.
Note— This Division is made in accordance with sections 17 (c) and 100 of the Act.
(1) Water supply work approvals for water supply works in these water sources must have mandatory conditions where required to give effect to the following—
(a) when directed by the Minister by notice in writing, the approval holder must have metering equipment installed that meets the following requirements—
(i) the metering equipment must accurately measure and record the flow of all water taken through the water supply work, (ii) the metering equipment must comply with the Australian Standard , as may be updated or replaced from time to time, AS 4747 ,Meters for non-urban water supply (iii) the metering equipment must be operated and maintained in a proper and efficient manner at all times, (iv) the metering equipment must be sited and installed at a place in the pipe, channel or conduit between the water source and the first discharge outlet. There must be no flow of water out of the pipe, channel or conduit between the water source and the metering equipment, and (v) any other requirements as to type, standard or other criteria for the metering equipment specified in the notice, Note— The Minister may also direct a landholder or person to install, replace or properly maintain metering equipment under section 326 of the Act. (b) if a water supply work is no longer to be used permanently, then the approval holder of that work must decommission that work and provide the Minister with notice in writing that the approval holder intends to decommission the water supply work. This notice must occur at least ninety days prior to the date of commencement of decommissioning, (c) upon receiving notice of the intention to decommission from the approval holder under paragraph (b), the Minister may by notice in writing require that the water supply work not be decommissioned, or that the water supply work be decommissioned in accordance with other requirements. These requirements may be specified by the Minister in a work plan, Note— If a notice in writing is required from the Minister regarding the decommissioning of a water supply work, this notice will be sent to the approval holder within sixty days of the notice under paragraph (b) being sent. (d) if the approval holder receives a notice from the Minister under paragraph (c), the approval holder must proceed in accordance with any requirements in that notice, (e) if the approval holder does not receive a notice from the Minister under paragraph (c) within sixty days of providing notice of the intent to decommission under paragraph (b), the approval holder must decommission the water supply work, (f) within sixty days of the water supply work being decommissioned under paragraphs (d) or (e), the approval holder must notify the Minister in writing that the water supply work has been decommissioned, (g) the holder of the water supply work approval upon becoming aware of a breach of any condition of the approval must—
(i) notify the Minister as soon as practicable, and (ii) if the notification under subparagraph (i) was not in writing, confirm this notification in writing within seven days of becoming aware of the breach, and (h) any other conditions required to implement the provisions of the Plan. (2) Water supply work approvals for water supply works in these water sources, excluding a water supply work that is a metered water supply work with a data logger or is used for the purpose of taking water under basic landholder rights, must have mandatory conditions where required to give effect to the following—
(a) the holder of a water supply work approval must keep a Logbook, (b) the holder of a water supply work approval must record the following in the Logbook—
(i) each date and period of time during which water was taken using the water supply work, (ii) the volume of water taken on that date, (iii) the access licence number of the access licence under which water was taken on that date, or, if water was taken under some other authority (such as basic landholder rights), the authority under which water was taken, (iv) the purpose or purposes for which the water was taken on that date, (v) details of any cropping carried out using the water taken through the water supply work including the type of crop, area cropped and dates of planting and harvesting, (vi) where metering equipment has been installed for use in connection with the water supply work, the meter reading before water is taken, (vii) where metering equipment has not been installed for use in connection with the water supply work, details of all pumping activities for the water supply work including pump running hours, pump power usage or pump fuel usage, pump start and stop times and pump capacity per unit of time, and (viii) any other information required to be recorded in the Logbook under the rules of this Plan, (c) the holder of the water supply work approval must produce the Logbook to the Minister for inspection, when requested, and (d) the holder of a water supply work approval must retain the information required to be recorded in the Logbook for five years from the date to which that information relates.
(1) In the Williams River Water Source—
(a) subject to paragraphs (b) and (f), when combined inflows from the Chichester and Wangat Rivers into Chichester Dam storage are less than 14 ML/day, a daily release of water equivalent to the combined inflows must be made, (b) releases of water are not required to be made when Chichester Dam is spilling at a rate that equals or exceeds the daily release requirement referred to in paragraph (a), (c) subject to paragraphs (d) and (f), when combined inflows from the Chichester and Wangat Rivers into Chichester Dam storage are equal to or greater than 14 ML/day, and Chichester Dam is not spilling, Hunter Water Corporation must make daily releases from Chichester Dam in the range of 10 ML/day to 30 ML/day in accordance with a release pattern determined by the Minister and specified as a mandatory condition on the water supply work approval in accordance with paragraph (d), Note— If the combined inflows from the Chichester and Wangat Rivers into Chichester Dam storage fall below 14 ML/day and then rise again above 14 ML/day, releases are to commence at the start of the release pattern. (d) the release pattern specified in paragraph (c) must achieve an average daily release of 14 ML/day if followed for a week, (e) when combined inflows from the Chichester and Wangat Rivers into Chichester Dam storage are equal to or greater than 14 ML/day, and Chichester Dam is spilling at a rate that does not equal or exceed the daily release requirement specified in paragraph (c), daily releases of water must be made such that the combination of the volume of water spilled from Chichester Dam and releases equals the daily release requirement referred to in paragraph (c), and (f) the Minister may suspend or alter the daily release requirements under paragraphs (a) and (c) for the purpose of an emergency or maintenance activity that has the potential to temporarily affect the flow volume or behaviour of water for periods of more than 24 hours.
(1) Amendments specified throughout this Plan, and in this Part, are amendments authorised by this Plan.
(1) The Minister may amend this Plan to establish pool control levels and key sites in applicable water sources.