Note— Part 12 allows for amendments to be made to Part 1.
(1) This Plan applies to the following groundwater sources (hereafter these groundwater sources ) within the Southern Water Management Area, the Hawkesbury-Nepean Water Management Area, the Southern Sydney Water Management Area, and the Sydney Harbour Water Management Area:
(a) Botany Sands Groundwater Source, (b) Coxs River Fractured Rock Groundwater Source, Note— The Coxs River Fractured Rock Water Source includes all water contained within the Coxs River Silurian, Upper Devonian, Lower Carboniferous and Post Triassic aquifers. (c) Goulburn Fractured Rock Groundwater Source, (d) Hawkesbury Alluvium Groundwater Source, (e) Maroota Tertiary Sands Groundwater Source, (f) Metropolitan Coastal Sands Groundwater Source, (g) Sydney Basin Blue Mountains Groundwater Source, (h) Sydney Basin Central Groundwater Source, (i) Sydney Basin Coxs River Groundwater Source, (j) Sydney Basin Nepean Groundwater Source, (k) Sydney Basin North Groundwater Source, (l) Sydney Basin Richmond Groundwater Source, and (m) Sydney Basin South Groundwater Source. Note— The Southern Water Management Area, Hawkesbury-Nepean Water Management Area, Southern Sydney Water Management Area and Sydney Harbour Water Management Area were constituted by Ministerial order made under section 11 of the Act published in the NSW Government Gazette Number 180 on 23 November 2001 page 9389.
(1) Words and expressions that are defined in the Dictionary in Schedule 1 of this Plan have the meanings set out in that Schedule. (2) Unless otherwise defined in this Plan, words and expressions that are defined in the Act or in the regulations made under the Act have the same meaning in this Plan.
Note— This Part is made in accordance with section 35 (1) of the Act.
(1) Planned environmental water is established and maintained in these groundwater sources as set out in this clause. (2) Planned environmental water in these groundwater sources is established as follows:
(a) it is the physical presence of water that is within the groundwater storage of these groundwater sources over the long-term, and Note— Groundwater sources generally store large volumes of water, often accumulated over thousands or even tens of thousands of years. The amount of annual recharge is often very small compared to this stored volume. This Plan does not allow access to the storage component of the groundwater resources over the long-term. This means that, over the long-term, the storage component of the groundwater resources will not be depleted as a result of extraction. (b) it is the long-term average annual commitment of water as planned environmental water in:
(i) the Botany Sands Groundwater Source that is equal to 50% of the long-term average annual rainfall recharge from non-high environmental value areas and 95% of the long-term average annual rainfall recharge from high environmental value areas at the commencement of this Plan, Note— At the commencement of this Plan, the long-term average annual rainfall recharge for the Botany Sands Groundwater Source is estimated to be 30,424 megalitres per year (ML/year). (ii) the Coxs River Fractured Rock Groundwater Source that is equal to 75% of the long-term average annual rainfall recharge from non-high environmental value areas and 100% of the long-term average annual rainfall recharge from high environmental value areas at the commencement of this Plan, Note— At the commencement of this Plan, the long-term average annual rainfall recharge for the Coxs River Fractured Rock Groundwater Source is estimated to be 67,087 ML/year. (iii) the Goulburn Fractured Rock Groundwater Source that is equal to 75% of the long-term average annual rainfall recharge from non-high environmental value areas and 100% of the long-term average annual rainfall recharge from high environmental value areas at the commencement of this Plan, Note— At the commencement of this Plan, the long-term average annual rainfall recharge for the Goulburn Fractured Rock Groundwater Source is estimated to be 259,784 ML/year. (iv) the Hawkesbury Alluvium Groundwater Source that is equal to 50% of the long-term average annual rainfall recharge from non-high environmental value areas and 100% of the long-term average annual rainfall recharge from high environmental value areas at the commencement of this Plan, Note— At the commencement of this Plan, the long-term average annual rainfall recharge for the Hawkesbury Alluvium Groundwater Source is estimated to be 5,043 ML/year. (v) the Maroota Tertiary Sands Groundwater Source that is equal to 40% of the long-term average annual rainfall recharge from non-high environmental value areas and 95% of the long-term average annual rainfall recharge from high environmental value areas at the commencement of this Plan, Notes— 1 At the commencement of this Plan, the long-term average annual rainfall recharge for the Maroota Tertiary Sands Groundwater Source is estimated to be 1,075 ML/year. 2 At the commencement of this Plan, no high environmental value areas have been identified in the Maroota Tertiary Sands Groundwater Source. (vi) the Metropolitan Coastal Sands Groundwater Source that is equal to 50% of the long-term average annual rainfall recharge from non-high environmental value areas and 95% of the long-term average annual rainfall recharge from high environmental value areas at the commencement of this Plan, Note— At the commencement of this Plan, the long-term average annual rainfall recharge for the Metropolitan Coastal Sands Groundwater Source is estimated to be 60,802 ML/year. (vii) the Sydney Basin Blue Mountains Groundwater Source that is equal to 75% of the long-term average annual rainfall recharge from non-high environmental value areas and 95% of the long-term average annual rainfall recharge from high environmental value areas at the commencement of this Plan, Note— At the commencement of this Plan, the long-term average annual rainfall recharge for the Sydney Basin Blue Mountains Groundwater Source is estimated to be 78,474 ML/year. (viii) the Sydney Basin Central Groundwater Source that is equal to 75% of the long-term average annual rainfall recharge from non-high environmental value areas and 100% of the long-term average annual rainfall recharge from high environmental value areas at the commencement of this Plan, Note— At the commencement of this Plan, the long-term average annual rainfall recharge for the Sydney Basin Central Groundwater Source is estimated to be 229,223 ML/year. (ix) the Sydney Basin Coxs River Groundwater Source that is equal to 40% of the long-term average annual rainfall recharge from non-high environmental value areas and 100% of the long-term average annual rainfall recharge from high environmental value areas at the commencement of this Plan, Note— At the commencement of this Plan, the long-term average annual rainfall recharge for the Sydney Basin Coxs River Groundwater Source is estimated to be 31,312 ML/year. (x) the Sydney Basin Nepean Groundwater Source that is equal to 40% of the long-term average annual rainfall recharge from non-high environmental value areas and 100% of the long-term average annual rainfall recharge from high environmental value areas at the commencement of this Plan, Note— At the commencement of this Plan, the long-term average annual rainfall recharge for the Sydney Basin Nepean Groundwater Source is estimated to be 244,483 ML/year. (xi) the Sydney Basin North Groundwater Source that is equal to 75% of the long-term average annual rainfall recharge from non-high environmental value areas and 100% of the long-term average annual rainfall recharge from high environmental value areas at the commencement of this Plan, Note— At the commencement of this Plan, the long-term average annual rainfall rechargee for the Sydney Basin North Groundwater Source is estimated to be 269,187 ML/year. (xii) the Sydney Basin Richmond Groundwater Source that is equal to 40% of the long-term average annual rainfall recharge from non-high environmental value areas and 100% of the long-term average annual rainfall recharge from high environmental value areas at the commencement of this Plan, and Note— At the commencement of this Plan, the long-term average annual rainfall recharge for the Sydney Basin Richmond Groundwater Source is estimated to be 127,878 ML/year. (xiii) the Sydney Basin South Groundwater Source that is equal to 50% of the long-term average annual rainfall recharge from non-high environmental value areas and 100% of the long-term average annual rainfall recharge from high environmental value areas at the commencement of this Plan, and Note— At the commencement of this Plan, the long-term average annual rainfall recharge for the Sydney Basin South Groundwater Source is estimated to be 225,326 ML/year. Notes— 1 Recharge is defined in the Dictionary section of this Plan. The recharge estimates for these groundwater sources are based on rainfall infiltration. 2 The portion of recharge reserved for the environment is not the same for every groundwater source, because of the different levels of socio-economic reliance and environmental values for each groundwater source. 3 For the purposes of this Plan, “high environmental value” areas are national parks, nature reserves, historic sites, Aboriginal areas, State conservation areas and karst conservation areas. 4 Part 12 allows for amendments to be made to clause 16 (2) (b). (c) it is the water remaining after water has been taken pursuant to basic landholder rights and access licences in these groundwater sources, in accordance with the rules specified in Part 6 and Part 8 of this Plan.
Note— Part 12 allows for amendments to be made to this Part.
(1) Applications for specific purpose access licences, other than those permitted under the Regulation, may not be made in these groundwater sources, except for:
(a) a major utility (subcategory “urban water”) access licence, and (b) a licence of an environmental subcategory. Notes— 1 Clause 10 of the permits the making of applications for some types of specific purpose access licences. Water Management (General) Regulation 2011 2 The right to apply for an access licence may also be acquired in accordance with an order made under section 65 of the Act.
(1) The rules in this clause apply to the taking of water under an access licence with a share component that specifies one of the following water sources:
(a) Coxs River Fractured Rock Groundwater Source, (b) Goulburn Fractured Rock Groundwater Source, (c) Metropolitan Coastal Sands Groundwater Source, (d) Sydney Basin Blue Mountains Groundwater Source, (e) Sydney Basin Central Groundwater Source, (f) Sydney Basin Coxs River Groundwater Source, (g) Sydney Basin Nepean Groundwater Source, (h) Sydney Basin North Groundwater Source, (i) Sydney Basin Richmond Groundwater Source, (j) Sydney Basin South Groundwater Source. (2) In any water year in which this Plan has effect, water taken under an aquifer access licence 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 sum of water allocations carried over in the water allocation account for the access licence from the water year prior to that water year under subclause (3), 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 that water year, plus (d) any water allocations recredited to the water allocation account for the access licence in accordance with section 76 of the Act in that water year.
(1) The rules in this clause apply to the taking of water under an access licence from these groundwater sources, excluding an aquifer access licence that nominates an aquifer interference approval and an access licence for a project under Part 3A, or State significant infrastructure approved under Part 5.1, of the . Environmental Planning and Assessment Act 1979 (2) The taking of water under an access licence from the Hawkesbury Alluvium Groundwater Source is subject to the following rules:
(a) from year seven of this Plan, the taking of water under an aquifer access licence which nominates a water supply work that is located at or less than 40 metres from the top of the high bank of a river is subject to the same access rules as those applying to the taking of water under an unregulated river access licence from the Upper Hawkesbury (Grose River to South Creek) Management Zone contained in clause 57 of the , Water Sharing Plan for the Greater Metropolitan Region Unregulated River Water Sources 2011 (b) from year seven of this Plan, the taking of water under an aquifer access licence which nominates a water supply work that is located more than 40 metres from the top of the high bank of a river is subject to the same access rules as those applying to the taking of water under an unregulated river access licence from the Upper Hawkesbury (Grose River to South Creek) Management Zone contained in clause 57 of the , except that: Water Sharing Plan for the Greater Metropolitan Region Unregulated River Water Sources 2011
(i) those access rules will commence to apply to the taking of water under an access licence from the Hawkesbury Alluvium Groundwater Source 30 days after those access rules commence to apply to the taking of water under an unregulated river access licence from the Upper Hawkesbury (Grose River to South Creek) Management Zone, and (ii) those access rules will cease to apply to the taking of water under an access licence from the Hawkesbury Alluvium Groundwater Source at the same time as those access rules cease to apply to the taking of water under an unregulated river access licence from the Upper Hawkesbury (Grose River to South Creek) Management Zone, and (c) the taking of water under a major utility or local water utility access licence which nominates a new water supply work that is located at or less than 40 metres from the top of the high bank of a river is subject to the same access rules as those applying to the taking of water under an unregulated river access licence from the Upper Hawkesbury (Grose River to South Creek) Management Zone contained in clause 57 of the . Water Sharing Plan for the Greater Metropolitan Region Unregulated River Water Sources 2011
Note— This Part is made in accordance with sections 5, 21 and 95 of the Act. Part 12 allows for amendments to be made to Part 9.
(1) A water supply work approval must not be granted or amended to authorise the construction of a water supply work which, in the Minister’s opinion, is located within the distances specified (the distance restrictions ) respectively in Columns 2 to 6 of Table A to this clause for each groundwater source specified in Column 1.(2) The distance restrictions established in this clause do not apply to the grant or amendment of a water supply work approval if the Minister is satisfied that:
(a) the water supply work is solely for basic landholder rights, (b) the water supply work is a replacement groundwater work, (c) the water supply work is only for the purpose of monitoring, environmental management or remedial works, (d) the location of the water supply work would result in no more than minimal impact on existing extractions within these groundwater sources.
(1) A water supply work approval must not be granted or amended to authorise the construction of a water supply work which, in the Minister’s opinion, is located:
(a) within 100 metres of a high priority groundwater dependent ecosystem listed in clause 1 of Schedule 4 in the case of a water supply work solely for basic landholder rights, (b) within 200 metres of a high priority groundwater dependent ecosystem listed in clause 1 of Schedule 4 in the case of a water supply work not solely for basic landholder rights, (c) at a distance specified by the Minister that is more than 200 metres from a high priority groundwater dependent ecosystem listed in clause 1 of Schedule 4, excluding a water supply work solely for basic landholder rights, if the Minister is satisfied that the water supply work is likely to cause drawdown at the perimeter of that groundwater dependent ecosystem, (d) within 500 metres of a high priority karst environment groundwater dependent ecosystem listed in clause 2 of Schedule 4, (e) at a distance specified by the Minister that is more than 500 metres from a high priority karst environment groundwater dependent ecosystem listed in clause 2 of Schedule 4, excluding a water supply work solely for basic landholder rights, if the Minister is satisfied that the water supply work is likely to cause drawdown at the perimeter of that high priority karst environment groundwater dependent ecosystem, (f) within 40 metres of the top of the high bank of a lagoon or any third order or higher order stream, (g) within 40 metres of a first or second order stream, unless:
(i) the water supply work is drilled into the underlying parent material and the slotted intervals of the work commence deeper than 30 metres, or (ii) the Minister is satisfied that a hydrogeological study, submitted by the applicant and assessed as adequate by the Minister, demonstrates that the water supply work will have no more than minimal impact on base flows in the river, or (h) within 100 metres from the top of an escarpment. (2) The distance restrictions specified in subclause (1) (a) and (b) do not apply to the grant or amendment of a water supply work approval if the Minister is satisfied that no more than minimal drawdown of water will occur at the perimeter of any groundwater dependent ecosystem listed in clause 1 of Schedule 4 of this Plan as a result of the grant or amendment of the water supply work approval.
(1) Subject to subclauses (2) and (3), a water supply work that is located within a distance restriction specified in clauses 39–42 must not, in any water year, take more water than the volume of water that is equal to the sum of the share components of any access licences nominating that water supply work at the commencement of this Plan. (2) Subject to subclause (3), a water supply work that becomes located within a restricted distance specified in clauses 39–42 as a result of amendment to this Plan must not, in any water year, take more water than the volume of water that is equal to the sum of the share components of any access licences nominating that water supply work at the date of the amendment.
(1) This clause relates to dealings under section 71T of the Act in these groundwater sources.
(1) This clause relates to dealings under section 71W of the Act in these groundwater sources.
(1) Access licences in these groundwater sources must have mandatory conditions, where required, to give effect to the following:
(a) the relevant water allocation account management rules specified in Division 1 of Part 8 of this Plan, (b) water must not be taken under an access licence otherwise than in compliance with the conditions applying to the water supply work approval for the water supply work through which water is to be taken, (c) the holder of the access licence must notify the Minister, in writing, immediately upon becoming aware of a breach of any condition of the access licence, (d) any other condition required to implement the provisions of this Plan.
(1) Water supply work approvals for water supply works in these groundwater sources must have mandatory conditions, where required, to give effect to the following:
(a) the water supply work must not be used to take water under an access licence unless in compliance with the relevant access rules for the taking of water as specified in Division 2 of Part 8 of this Plan, (b) 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 Australian Technical Specification , as may be updated or replaced from time to time, ATS 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 groundwater source and the first discharge outlet. There must be no flow of water out of the pipe, channel or conduit between the groundwater source and the metering equipment, (v) any other requirements as to type, standard or other criteria for the metering equipment specified in the notice, Note— The Minister may direct a landholder or person to install, replace or to properly maintain metering equipment under section 326 of the Act. (c) the approval holder must ensure that if the water supply work is abandoned or replaced, it is decommissioned in compliance with the “minimum requirements for decommissioning bores” prescribed in the Minimum Construction Requirements for Water Bores in Australia, unless otherwise directed by the Minister in writing, Note— Minimum Construction Requirements for Water Bores in Australia is defined in the Dictionary. (d) within two months of the decommissioning of the water supply work, the approval holder must notify the Minister in writing that the water supply work has been decommissioned, (e) the holder of the water supply work approval must notify the Minister, in writing, immediately upon becoming aware of a breach of any condition of the approval, (f) any other conditions required to implement the provisions of this Plan. (2) Water supply work approvals for water supply works in these groundwater sources, excluding a water supply work that is 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 water supply work approval must keep a Logbook, (b) the holder of the 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 number of the access licence under which water was taken on that date, or, if the 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, (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, (d) the holder of the 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. (3) The Minister may require the holder of a water supply work approval for a metered water supply work with a data logger to keep a Logbook in accordance with any requirements under subclause (2).
(1) Schedule 1 may be amended to add, modify and/or remove a definition.
(1) This Plan may be amended to provide for managed aquifer recharge. Note— Managed Aquifer Recharge schemes involve taking poor quality water such as recycled water or urban stormwater, treating it and then storing it in underground aquifers under controlled conditions. This water can then be extracted at a later time.
Note— High priority groundwater dependent ecosystems (GDEs), including high priority cave environment GDEs and high priority karst environment GDEs, are currently under investigation and some of these may be identified during the term of this Plan. The full list of potential GDEs will be identified on the Department’s GDE Register and, as a precautionary approach, will be considered in the assessment of any application for a water supply works approval within the Plan area. If verified as high priority GDEs, the Schedule will be amended to include further GDEs.