Notes— 1 Part 12 allows for amendments to be made to Part 1. cl 1: Am 2020 (355), Sch 1[2]. 2 In accordance with section 48 of the , the Minister must take all reasonable steps to give effect to the provisions of this Plan when exercising functions under the Act. Water Management Act 2000 3 In accordance with section 49 of the , public authorities must also have regard to the provisions of this Plan to the extent they apply to the public authority. Water Management Act 2000 cl 3: Subst 2020 (355), Sch 1[3]. 4 The Minister may amend this Plan at any time under section 45 of the , including if satisfied it is in the public interest to do so, or in such circumstances, in relation to such matters and to such extent as Part 12 of this Plan provides. Water Management Act 2000 cl 4: Am 2013 (609), Sch 1 [1]. Subst 2020 (355), Sch 1[4].
(1) Words and expressions that are defined in the Dictionary to this Plan have the meaning set out in the Dictionary. (2) Unless otherwise defined in this Plan, words and expressions that are defined in the Act or in regulations to the Act have the same meaning in this Plan. (3) Unless otherwise specified in this Plan, a clause that applies to a category of access licence also applies to any subcategories of that category of access licence.
Notes— 1 This Part is made in accordance with section 35 (1) of the Act. 2 This Part describes broad objectives, which are the long term outcomes sought by this Plan and are not directly measured but evaluated by considering the cumulative achievement of the associated targeted objectives. Targeted objectives described in this Part are specific outcomes that can be achieved by the strategies in this Plan and can be directly measured so that success or failure to achieve the objective can be quantified.
(1) The broad environmental objective of this Plan is to protect, and contribute to the enhancement of, the ecological condition of the water source and its water-dependent ecosystems over the term of the Plan. Note— The ecological condition of the water source will be assessed by reference to the condition of high ecological value aquatic ecosystems, target species, communities, populations and key ecosystem functions as defined in the MER plan for the water source. Water-dependent ecosystems in the water source include instream, riparian and floodplain ecosystems. (2) The targeted environmental objectives of this Plan are as follows—
(a) to protect, and, contribute to the enhancement of, the following over the term of this Plan—
(i) the recorded distribution or extent, and population structure, of target ecological populations, Notes— 1 Target ecological populations is defined in the Dictionary.2 Target ecological populations in the water source may include known or predicted populations of the following—
(a) native fish including golden perch, silver perch, eel-tailed catfish, Murray cod and olive perchlet, (b) native vegetation including river red gum woodland, black box-coolibah woodland, Marsh club rush and carbeen open forest, (c) high diversity hotspots and significant habitat for native fish, frogs, waterbirds and native vegetation communities. 3 Measures of population structure may include the abundance or spatial extent of a species, different age classes or life stages within a species population, or measures that describe the health and condition of species or populations. (ii) the longitudinal and lateral connectivity within the water source and between the water source and other water sources to support target ecological processes, Notes— 1 Longitudinal connectivity means flows along the length of the river and between hydrologically connected rivers. Lateral connectivity means flows between the river and its anabranches, riparian zones, wetlands and floodplains. 2 Target ecological processes in the water source include fish movement across significant barriers, as identified by NSW Department of Primary Industries (Fisheries) and described in the MER plan for the water source. 3 Connectivity may be within the water source or between the water source and other water sources. (iii) water quality within target ranges for the water source to support water-dependent ecosystems and ecosystem functions, and Note— Water quality target ranges for the water source are defined in the Water Quality Management Plan for the Barwon-Darling Watercourse Water Resource Plan Area SW12 and the NSW State Water Quality Assessment and Monitoring Plan. (b) to support water-dependent ecosystem functions within the water source by protecting environmental watering events that have originated in upstream water sources. Note— Environmental watering events that contribute to the water source may include Environmental Water Allowance ( EWA ) and other environmental water releases that are managed in accordance with the upstream water sharing plans where the water originates.
(1) The broad economic objective of this Plan is to maintain, and where possible improve access to water to optimise economic benefits for agriculture, surface water-dependent industries and local economies. (2) The targeted economic objectives of this Plan are as follows—
(a) to maintain, and where possible improve, water trading opportunities for surface water-dependent businesses, Note— Trading is a generic term referring to dealings under Division 4 of Part 2 of Chapter 3 of the Act. (b) to maintain, and where possible improve, access to water up to the long-term average sustainable diversion limit for agriculture, surface water-dependent businesses, and landholders, (c) to contribute to maintaining water quality within target ranges for agriculture, surface water-dependent businesses and landholders.
(1) The broad Aboriginal cultural objective of this Plan is to maintain, and where possible improve, the spiritual, social, customary and economic values and uses of water by Aboriginal people. (2) The targeted Aboriginal cultural objectives of this Plan are as follows—
(a) to provide access to water in the exercise of native title rights, (b) to provide access to water for Aboriginal cultural use, including fishing, (c) to protect, and where possible improve, identified surface water-dependent culturally significant areas, including important riparian vegetation communities, (d) to contribute to the maintenance of water quality within target ranges to ensure suitability of water for Aboriginal cultural use.
(1) The broad social and cultural objective of this Plan is to provide access to surface water to support surface water-dependent social and cultural values. (2) The targeted social and cultural objectives of this Plan are to maintain, and where possible, improve the following—
(a) access to water for basic landholder rights, town water supply and licensed domestic and stock purposes, (b) access to surface water for water-dependent cultural, heritage and recreational uses, including recreational fishing, (c) water quality within target ranges for basic landholder rights, town water supply, domestic and stock purposes and surface water-dependent cultural, heritage and recreational uses, including recreational fishing.
Note— This Part is made in accordance with section 8 of the Act.
(1) This Plan establishes planned environmental water in the water source as follows—
(a) the physical presence of water resulting from the access rules specified in Part 8 of this Plan, Note— The rules in Part 8 of this Plan set flow rates or flow levels below which the taking of water is not permitted. Some limited exemptions apply. (b) the long-term average annual commitment of water as planned environmental water resulting from compliance with the long-term average annual extraction limit and long-term average sustainable diversion limit as specified in Part 6, (c) the water remaining after water has been taken under basic landholder rights and for sharing and extraction under any other rights under the Act in accordance with the rules specified in Parts 6 and 8 of this Plan.
(1) This Part identifies the requirements for water from the water source for basic landholder rights (Division 2) and for extraction under access licences (Division 3).
(1) Subject to subclause (2), the Minister may amend the share component of an access licence under section 68A of the Act to increase it following a recalibration of the hydrologic computer model that at the time is approved by the Department for assessing long term extraction from the water source.
Note— This Part sets out the rules for managing the availability of water for extraction in accordance with the following long-term limits on extraction—
(a) a long-term average annual extraction limit, (b) a long-term average sustainable diversion limit.
Note— Barwon-Darling Watercourse SDL resource unit is defined in the Dictionary.
(1) Pursuant to section 58(4) of the Act, this Plan amends the relative priorities of the categories of unregulated river access licences, unregulated river (A Class) access licences, unregulated river (B Class) access licences, unregulated river (C Class) access licences and supplementary water (Aboriginal environmental) access licences to the extent necessary to make the reductions to available water determinations as set out in this clause.
(1) Applications may not be made for a specific purpose access licence of the subcategory “Aboriginal cultural” if the share component of the proposed access licence is more than 10 ML/year. (2) Applications may be made for a supplementary water (Aboriginal environmental) access licence in the water source provided the share component of the proposed access licence is less than or equal to 500 ML/year.
Note— The Act and the regulations provide for the keeping of water allocation accounts for access licences. The rules in this Division impose further limits on the water that may be taken under an access licence over a specified period of time. These limits are in addition to any other limits on access licences for the taking of water. It is an offence under the Act to take water under an access licence for which there is no or insufficient water allocation.
(1) The rules in this clause apply to the taking of water under an access licence with a share component that specifies the water source. (2) In any water year in which this Plan has effect, water taken under, and assigned under section 71T of the Act from, an access licence, excluding an unregulated river (A Class) access licence, unregulated river (B Class) access licence or unregulated river (C Class) access licences, 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 the water allocation account for the access licence under section 71T of the Act in that water year, plus (c) 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. (3) In any water year in which this Plan has effect, water taken under, and assigned under section 71T of the Act from, an unregulated river (A Class) access licence, unregulated river (B Class) access licence or unregulated river (C Class) access licence must not exceed a volume equal to—
(a) three times the share component of the access licence at the commencement of that water year multiplied by 1 ML/unit share, plus (b) the net amount of any water allocations assigned to the water allocation account for the access licence under section 71T of the Act in that water year, plus (c) 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 maximum volume of water that may be taken on any day under an access licence with an IDEC is 1 ML per daily flow share, or an amount per daily flow share announced by the Minister in accordance with subclause (3).
(1) A licence holder may notify the Minister of the licence holder’s intent to have water that would otherwise be permitted to be taken under that access licence protected from extraction.
Note— Part 12 of this Plan allows for amendments to be made to this Division.
(1) This clause applies to the taking of water from the water source under supplementary water (Aboriginal environmental) access licences. (2) Water may only be taken under a supplementary water (Aboriginal environmental) access licence in accordance with relevant announcements made by the Minister.
(1) Water must not be taken under an unregulated river (A Class) access licence, unregulated river (B Class) access licence or unregulated river (C Class) access licence during any period that the Minister has made an announcement under clause 42A (3), unless the licence holder has placed an expression of interest to take that water in accordance with the Active Management Procedures Manual and the take of water is in accordance with the announcement. Note— This subclause (1) commences on 1 December 2020 (clause 3 (2) of this Plan).
(1) Clauses 45 and 46 do not apply to access licences specified in Schedule 2 and Schedule 2A. (2) Water may only be taken under an access licence specified in Column 1 of Schedule 2 from a management zone specified in Column 3 of Schedule 2 in accordance with the access rule specified in Column 2 of Schedule 2 for that access licence.
(1) For the purposes of clauses 45 and 46, the flow class that applies at any time in a management zone is as announced by the Minister, except where subclause (7) applies. (2) Subject to subclauses (4), (5) and (6), and clause 50, for each management zone in Column 1 of Table B, the Minister is to announce the flow class specified in Column 2 of Table B corresponding to the flow class threshold in Column 3 of Table B as determined at the flow reference point in Column 4 of Table B. (3) The announcement referred to in subclause (2) is to apply for a 24 hour or longer period from the time specified in the announcement, as determined by the Minister.
(1) Despite clause 49A, the Minister must make a No Flow Class announcement for a management zone in River Section 1 for each day following the occurrence of one or more of the following—
(a) the flow in the Barwon River at Dangar Bridge (Walgett) (422 001) has been less than 326 ML/day for more than 150 consecutive days, (b) the flow in the Barwon River at Brewarrina (422 002) has been less than 468 ML/day for more than 150 consecutive days, (c) the flow in the Darling River at Bourke Town (425 003) has been less than 450 ML/day for 120 days consecutive days, (d) the flow in the Darling River at Wilcannia (425 008) has been less than 200 ML/day for 90 consecutive days. (2) Subclause (1) ceases to apply if, in the Minister’s opinion, an announcement of a flow class other than a No Flow Class under clause 49A will not prevent one of the following from occurring—
(a) each of—
(i) a flow greater than 706 ML/day for 10 consecutive days in the Barwon River at Dangar Bridge (Walgett) (422 001), (ii) a flow greater than 1008 ML/day for more than 10 consecutive days in the Barwon River at Brewarrina (422 002), (iii) a flow greater than 972 ML/day for more than 10 consecutive days in the Darling River at Bourke Town (425 003), and (iv) a flow greater than 400 ML/day for more than 10 consecutive days in the Darling River at Wilcannia (425 008), (b) a total flow of 30,000 ML in the Darling River at Bourke Town (425 003) since the commencement of the period when the flow in the Darling River at Wilcannia (425 008) has been less than 200 ML/day for more than 90 consecutive days. (3) Despite clause 49A, the Minister must make a No Flow Class announcement for a management zone in River Section 2 for each day following the occurrence of one or more of the following—
(a) the flow in the Barwon River at Brewarrina (422 002) has been less than 468 ML/day for more than 150 consecutive days, (b) the flow in the Darling River at Bourke Town (425 003) has been less than 450 ML/day for 120 days consecutive days, (c) the flow in the Darling River at Wilcannia (425 008) has been less than 200 ML/day for 90 consecutive days.
(1) This clause applies to the following access licences in the water source, if the access licence does not have daily flow shares specified in the extraction component of the access licence—
(a) each unregulated river (A Class) access licence, (b) each unregulated river (B Class) access licence, (c) each unregulated river (C Class) access licence, (d) access licence WAL36273. (2) The Minister may amend the extraction component of the access licences referred to in subclause (1) under section 68A of the Act to specify an IDEC, expressed as the following—
(a) a specified number of daily flow shares, and (b) an entitlement to take a volume of water per daily flow share per day, as determined in accordance with this Plan.
(1) Dealings under section 71Q of the Act within the water source are prohibited if the dealing involves an assignment of rights from—
(a) an unregulated river (A Class) access licence to an unregulated river (A Class) access licence that nominates a water supply work located in River Section 1 if it would cause the sum of the share components of all unregulated river (A Class) access licences that nominate water supply works located in River Section 1 to exceed 3,434 unit shares, (b) an unregulated river (B Class) access licence to an unregulated river (B Class) access licence that nominates a water supply work located in River Section 1 if it would cause the sum of the share components of all unregulated river (B Class) access licences that nominate water supply works located in River Section 1 to exceed 82,940 unit shares, (c) an unregulated river (C Class) access licence to an unregulated river (C Class) access licence that nominates a water supply work located in River Section 1 if it would cause the sum of the share components of all unregulated river (C Class) access licences that nominate water supply works located in River Section 1 to exceed 26,040 unit shares, (d) an unregulated river (A Class) access licence to an unregulated river (A Class) access licence that nominates a water supply work located in River Section 2 if it would cause the sum of the share components of all unregulated river (A Class) access licences that nominate water supply works located in River Section 2 to exceed 2,535 unit shares, (e) an unregulated river (B Class) access licence to an unregulated river (B Class) access licence that nominates a water supply work located in River Section 2 if it would cause the sum of the share components of all unregulated river (B Class) access licences that nominate water supply works located in River Section 2 to exceed 38,282 unit shares, (f) an unregulated river (C Class) access licence to an unregulated river (C Class) access licence that nominates a water supply work located in River Section 2 if it would cause the sum of the share components of all unregulated river (C Class) access licences that nominate water supply works located in River Section 2 to exceed 114,197 unit shares, (g) an unregulated river (A Class) access licence to an unregulated river (A Class) access licence that nominates a water supply work located in River Section 3 if it would cause the sum of the share components of all unregulated river (A Class) access licences that nominate water supply works located in River Section 3 to exceed 13,515 unit shares, (h) an unregulated river (B Class) access licence to an unregulated river (B Class) access licence that nominates a water supply work located in River Section 3 if it would cause the sum of the share components of all unregulated river (B Class) access licences that nominate water supply works located in River Section 3 to exceed 126,019 unit shares, (i) an unregulated river (C Class) access licence to an unregulated river (C Class) access licence that nominates a water supply work located in River Section 3 if it would cause the sum of the share components of all unregulated river (C Class) access licences that nominate water supply works located in River Section 3 to exceed 34,344 unit shares, (j) an unregulated river (A Class) access licence to an unregulated river (A Class) access licence that nominates a water supply work located in River Section 4 if it would cause the sum of the share components of all unregulated river (A Class) access licences that nominate water supply works located in River Section 4 to exceed 5,860 unit shares, (k) an unregulated river (B Class) access licence to an unregulated river (B Class) access licence that nominates a water supply work located in River Section 4 if it would cause the sum of the share components of all unregulated river (B Class) access licences that nominate water supply works located in River Section 4 to exceed 38,246 unit shares, (l) an unregulated river (C Class) access licence to an unregulated river (C Class) access licence that nominates a water supply work located in River Section 4 if it would cause the sum of the share components of all unregulated river (C Class) access licences that nominate water supply works located in River Section 4 to exceed 44,720 unit shares, or (m)
(1) Access licences in the water source must have mandatory conditions 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 upon becoming aware of a breach of any condition of the access licence 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 7 days of becoming aware of the breach, and (d) the relevant access rules for the taking of water specified in Division 2 of Part 8 of this Plan, (e) any other condition required to implement the provisions of this Plan.
(1) Water supply work approvals for water supply works in the water source 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, Schedule 2 and Schedule 2A 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 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. (c) the approval holder must ensure that if the water supply work is abandoned or replaced that it is decommissioned in accordance with any direction from the Minister. The Minister may direct that any such water supply work need not be decommissioned, (d) (e) 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 7 days of becoming aware of the breach, and (f) any other conditions required to implement the provisions of this Plan. (1A) If an approval for a water supply work is subject to a mandatory metering equipment condition in relation to the work, subclause (1)(b) ceases to have effect in relation to the work on the day on which the condition applies to the approval. (1B) Subclauses (1)(b) and (1A) are taken to be repealed on the day on which the temporary exemption from the mandatory metering equipment condition ceases to apply to the water source in accordance with clause 230(1) of the . Water Management (General) Regulation 2018 Note— Clause 230 of the provides that the mandatory metering equipment condition applies to new works required to have a meter from 1 April 2019, and to other access licences and approvals in the water source from 1 December 2021. Water Management (General) Regulation 2018 (2) Water supply work approvals for water supply works in the water source, excluding any water supply work that is a metered water supply work with a data logger is used for the purpose of taking water under basic landholder rights only, must have mandatory conditions 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 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 a 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) Schedule 2 may be amended to do any of the following—
(a) remove an access licence or entitlement from Column 1 of Schedule 2 and to remove the corresponding access rule from Column 2 of Schedule 2, (b) amend the access rule specified in Column 2 of Schedule 2, or (c) add an access licence to Column 1 of Schedule 2 and to specify an access rule in Column 2 of Schedule 2.
(1) This Plan may be amended to include rules for the following—
(a) the management of floodplain harvesting within the water source, (b) the shepherding of water, Note— Shepherding is defined in the Dictionary.(c) any new category of access licence established for the purpose of urban stormwater harvesting, (d) the interception of water before it reaches a stream or aquifer by plantations or other means, (e) to accommodate any amendment to or replacement of the Interim Unregulated Flow Management Plan for the North-West, providing that such amendments—
(i) do not apply to domestic and stock access licences and local water utility access licences in the water source, and (ii), (iii) (iv) the Minister has consulted with Government agencies and stakeholders. (f)–(h) (1A) This Plan may be amended to provide for the amendment of the share component under section 68A of the Act following a recalibration of the Barwon-Darling Cap IQQM as a result of more accurate metering and new observed data. (1B) This Plan may be amended to change or replace the long-term average annual extraction limit rules in Division 1A of Part 6 as a result of the Cap no longer applying under the Murray-Darling Basin Agreement. Note— Murray-Darling Basin Agreement andthe Cap are defined in the Dictionary.
(Clause 47)
(Clause 47)