Note— Part 13 allows for amendments to be made to Part 1.
(1) This Plan applies to the following water sources (hereafter these water sources ) within the South East Water Management Area:
(a) Bega and Brogo Regulated Rivers Water Source, (b) Mid Bega River Tributaries Water Source, (c) Mid Bega River Sands Water Source, (d) Upper Bega/Bemboka Rivers Water Source, Note— This water source includes the main stem of the Upper Bega and Bemboka Rivers, and adjacent alluvials, the Cochrane Dam water storage downstream to the junction of the Bega River with Wolumla Creek. (e) Upper Bega/Bemboka Rivers Tributaries Water Source, (f) Candelo Creek Water Source, (g) Sandy Creek Water Source, (h) Tantawangalo Creek Water Source, (i) Lower Bega/Lower Brogo Rivers Tributaries Water Source, (j) Upper Brogo River Water Source, (k) Wolumla Creek Water Source, and (l) Bega River Estuary and Tributaries Water Source. Note— The South East Water Management Area was constituted by Ministerial order made under section 11 of the published in the NSW Government Gazette No 180 on 23 November 2001 at page 9389. Water Management Act 2000
Note— This Part is made in accordance with section 35 (1) of the Act.
(1) This clause provides for the taking of water from uncontrolled flows in accordance with an order made under section 85A of the Act. (2) An order under section 85A of the Act may authorise the taking of water from uncontrolled flows that arise from unregulated inflows to the Bega and Brogo Regulated Rivers Water Source that have not been credited to the water allocation account for a regulated river (general security) access licence:
(a) with a share component that specifies the Bega and Brogo Regulated Rivers Water Source, and (b) which nominates a metered work. (3) The following rules apply to the taking of uncontrolled flows that arise from unregulated inflows to the water source specified in subclause (2):
(a) water may only be taken from uncontrolled flows in accordance with announcements made by the Minister. Announcements may be made by the Minister for the taking of water from uncontrolled flows in the following sections of the water source only as defined in Schedule 8:
(i) river reach 1A, (ii) river reach 1B, (iii) river reach 1C, and (iv) river reach 2, (b) water may only be taken from uncontrolled flows using a metered work, (c) the taking of water from uncontrolled flows in river reach 1A is only permitted to commence when:
(i) the discharge over the Brogo Dam spillway in the immediately preceding 24 hour period has been in excess of 50 ML/day on a rising river and 20 ML/day on a falling river, or (ii) a discharge through the control valves of the Brogo Dam in the immediate preceding period has prevented a spillage over the spillway, (d) the taking of water from uncontrolled flows in river reach 1B is only permitted to commence when the conditions specified in paragraph (c) have been satisfied and the flows at the North Brogo gauge (219013) have exceeded 50 ML/day for at least 24 hours on a rising river and 20 ML/day on a falling river, (e) the taking of water from uncontrolled flows in river reach 1C is only permitted to commence when the flow is sufficient to ensure that the flows at the Angledale gauge (219025) exceed 50 ML/day for at least 24 hours on a rising river and 20 ML/day on a falling river, (f) the taking of water from uncontrolled flows in river reach 2 is only permitted to commence when:
(i) the river flows at the Angledale gauge (219025) have exceeded 50 ML/day for at least 24 hours on a rising river and 20 ML/day on a falling river, or (ii) the flows at the Kanoona gauge (219032) have exceeded 65 ML/day for at least 24 hours. (4) In any uncontrolled flow event, total extraction of uncontrolled flow under subclause (2) in each section of the water source specified in subclause (3) (a) under regulated river (general security) access licences must not exceed an amount that is equal to 50% of the uncontrolled flow event volume.
(1) This clause applies to the taking of water under an access licence from these water sources excluding:
(a) the taking of water from the Bega and Brogo Regulated Rivers Water Source, (b) the taking of water from these alluvial sediments, (c) the taking of water from the Upper Tantawangalo Creek Management Zone of the Tantawangalo Creek Water Source, and (d) the taking of water under an access licence that nominates an aquifer interference approval. (2) Subject to subclause (16), 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 in that water source or management zone are in the Very Low Flow Class. This subclause does not apply to:
(a) the taking of water under an access licence to which subclause (4) applies, and (b) the taking of water from a floodplain wetland. (3) Subject to subclause (16), from year 6 of this Plan, water must not be taken under an access licence that:
(a) has not been accredited under subclause (5), and (b) has a share component which specifies a water source, or an extraction component that specifies a management zone, with a Low Flow Class that has commenced, when flows in that water source or management zone are in the Low Flow Class. This subclause does not apply to the taking of water from a floodplain wetland. (4) Subject to subclause (16), water must not be taken under an access licence where the cease to pump threshold on the entitlement issued under Part 2 of the that the access licence replaces, is in the Minister’s opinion, higher than the upper limit of the relevant Very Low Flow Class (as specified in Column 5 of Table B) that commenced on the date of commencement of this Plan, when flows are at or less than the cease to pump threshold that was specified on the replaced Water Act 1912 entitlement or an equivalent flow threshold at another flow reference point as determined by the Minister. In this subclause, Water Act 1912 cease to pump threshold means a condition or restriction on the replaced entitlement which places a limit on when water may be taken. This subclause does not apply to:
(a) the taking of water from a floodplain wetland, (b) access licences with a share component that specifies the Upper Bega/Bemboka Rivers Water Source, and (c) access licences accredited under the scheme referred to in subclause (5). Note— Those licences and daily access rules that have been identified as higher than the upper limit of the relevant Very Low Flow Class are specified in Appendix 3. (5) Access licence holders may be accredited under the Southern Rivers Catchment Management Authority Accreditation Scheme in the following water sources:
(a) Mid Bega River Sands Water Source, and (b) Upper Bega/Bemboka Rivers Water Source. Note— Licence holders can become accredited by implementing and maintaining a range of practices that contribute positively to river health. By establishing different access rules for accredited and non-accredited licence holders, this Plan aims to encourage licence holders to undertake activities that contribute to improved river health. (6) Water must not be taken under an unregulated river (high flow) access licence or an unregulated river (subcategory “Aboriginal community development”) access licence, when flows in the respective water source are less than:
(a) the lower limit of B Class for access licences with share components that specify the:
(i) Mid Bega River Tributaries Water Source, (ii) Upper Bega/Bemboka Rivers Tributaries Water Source, (iii) Candelo Creek Water Source, (iv) Sandy Creek Water Source, (v) Lower Tantawangalo Creek Management Zone of the Tantawangalo Creek Water Source, (vi) Lower Bega/Lower Brogo Rivers Tributaries Water Source, or (vii) Wolumla Creek Water Source, or (b) the lower limit of C Class for access licences with share components that specify the Mid Bega River Sands Water Source or the Upper Bega/Bemboka Rivers Water Source. (7) Subject to subclause (16), water must not be taken under an access licence if there is no visible flow in the water source at the location at which water is proposed to be taken. This subclause does not apply to the taking of water from floodplain wetlands. (8) Water must not be taken from an in-river dam pool unless the in-river dam is passing such inflows as specified on the water supply work approval for the in-river dam.
(1) This clause applies to the taking of water under an access licence from these alluvial sediments, excluding the taking of water under an access licence that nominates an aquifer interference approval and access licences with a share component which specifies the Bega and Brogo Regulated Rivers Water Source. (2) Subject to subclauses (5), (8) and (10), the taking of water under an aquifer access licence is subject to the same access rules under clause 65 as those for an unregulated river access licence in the same water source or management zone. (3) Subject to subclauses (5), (6), (7) and (8), the taking of water under a domestic and stock access licence is subject to the same access rules under clause 65 as those for a domestic and stock access licence in the same water source or management zone. (4) Subject to subclauses (5) and (10), the taking of water under a local water utility access licence is subject to the same access rules under clause 65 as those for an unregulated river access licence in the same water source or management zone.
(1) A water supply work approval must not be granted or amended to authorise an in-river dam on third order or higher streams within the Upper Brogo River Water Source or within the Lower Estuary Management Zone of the Bega River Estuary and Tributaries Water Source. Notes— 1 Water supply work approvals may be granted or amended for in-river dams on third order or higher streams within all water sources and management zones to which this Plan applies, other than those specified in subclause (1), consistent with the principles of the Act. 2 Stream order andin-river dam are defined in the Dictionary.
(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 Schedule 7 in the case of a water supply work used solely to take water pursuant to basic landholder rights, (b) within 200 metres of a high priority groundwater dependent ecosystem listed in Schedule 7 for water supply works not used solely to take water pursuant to basic landholder rights, unless paragraph (c) applies, (c) at a distance specified by the Minister that is more than 200 metres of a high priority groundwater dependent ecosystem listed in Schedule 7, excluding water supply works used solely to take water pursuant to basic landholder rights, if the Minister is satisfied that the water supply work is likely to cause drawdown at the perimeter of any groundwater dependent ecosystem listed in Schedule 7, or (d) within 40 metres of the top of the high bank of a river.
(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 1 of Part 9 of this Plan for the respective category or subcategory of access licence, (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 an access licence must notify the Minister, in writing, immediately upon becoming aware of a breach of any condition of the licence, and (d) any other condition required to implement the provisions of this Plan. (1A) Access licences in these water sources, excluding access licences that nominate only metered water supply works 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 period of 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 purposes for which the 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 in these water sources, excluding the Bega and Brogo Regulated Rivers Water Source, the volume of water taken in the first three water years in which this Plan has effect, by comparison to the maximum volume of water permitted to be taken in those years under clause 56 (2), (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 in these water sources, excluding the Bega and Brogo Regulated Rivers Water Source, the volume of water taken in any three consecutive water years after the first water year in which this Plan has effect, 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, regulated river (high security) access licences, regulated river (general security) access licences and aquifer access licences in the Bega and Brogo Regulated Rivers Water Source only, the volume of water taken in any water year in which this Plan has effect, by comparison to the maximum volume of water permitted to be taken in that water year under clause 57 (2), and (viii) any other information required to be recorded in the Logbook under the rules of this Plan, (c) the holder of the access licence must produce the Logbook to the Minister for inspection, when requested, and (d) the holder of the access licence must retain the information required to be recorded in the Logbook for five years from the date to which that information relates.
(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) 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 surface water or the taking of water from these alluvial sediments as specified in Division 3 of Part 9 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 the as may be amended or superseded from time to time, ATS 4747 Australian Technical Specification suite: 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 into or 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 as 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) any other conditions required to implement the provisions of this Plan. (1A) Water supply work approvals for water supply works in these water sources, excluding water supply work approvals for metered water supply works 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 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 a 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 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.
(1) This clause applies to all water supply work approvals for water supply works that may be used to take water contained within these alluvial sediments including any alluvial sediments in the Bega and Brogo Regulated Rivers Water Source. This clause does not apply to water supply work approvals for excavations up to 3 metres in depth in the Mid Bega River Sands Water Source.
(1) Schedule 1 may be amended to add, modify and/or remove a definition. (2) Schedule 2 may be amended to do any of the following:
(a) remove an access licence or entitlement from Column 1 of Schedule 2, remove the corresponding water source from Column 2 of Schedule 2 and to remove the corresponding access rule from Column 3 of Schedule 2, (b) amend an access rule specified in Column 3, or (c) add an access licence to Column 1 of Schedule 2, specify a water source in Column 2 of Schedule 2 and to specify an access rule in Column 3 of Schedule 2. (3) Schedule 3 may be amended to do any of the following:
(a) add a new access licence to clause 1 of Schedule 3, provided that a written request has been made to the Minister, and the Minister is satisfied that extraction under the access licence is for a purpose covered in clause 65 (16) (a) and that purpose was specified on the former entitlement that was replaced by the access licence or referred to in its conditions, Water Act 1912 (b) add a local water utility access licence or an unregulated river (subcategory “town water supply”) access licence to clause 2 of Schedule 3, provided the Minister is satisfied that the water supply system used to extract, store and deliver water has not undergone major augmentation since the commencement of this Plan, (c) remove a local water utility access licence or an unregulated river (subcategory “town water supply”) access licence or entitlement from Schedule 3 if:
(i) an access licence dealing results in the water being extracted under the licence being taken from a different location, (ii) an alternative water supply is obtained, or (iii) the licence is surrendered or cancelled or its purpose ceases to exist, (d) remove a local water utility access licence or entitlement from clause 2 of Schedule 3 if the Minister is satisfied that the water supply system used to extract, store and deliver water has undergone major augmentation since the commencement of this Plan, (e) add a new access licence to clause 3 of Schedule 3, provided that the Minister is satisfied that the access licence is for the purpose of power generation and that purpose was specified on, or referred to in the conditions of, the former entitlement that the access licence replaced on commencement of this Plan, and/or Water Act 1912 (f) remove an access licence from clause 3 of Schedule 3.