Water Sharing Plan for the Mandagery Creek Water Source 2003

Part 1 Introduction

1 Name of Plan

This Plan is the Water Sharing Plan for the Mandagery Creek Water Source 2003 (hereafter this Plan).

2 Nature and status of this Plan

(1)  This Plan is made under section 50 of the Water Management Act 2000 as amended (hereafter the Act).

(2)  This Plan covers the core provisions of section 20 of the Act for water sharing, and additional provisions of section 21 of the Act, and other relevant matters.

3 Date of commencement

This Plan takes effect on 1 January 2004 and ceases 10 years after that date.

cl 3: Am 20.6.2003.

4 Area to which this Plan applies

(1)  The area in respect of which this Plan is made is that area of land within the Lachlan Water Management Area known as the Mandagery Creek Water Source (hereafter this water source) as shown on the map in Schedule 2, excluding any river that is declared by the Minister, by Order published in the NSW Government Gazette, to be a regulated river.

Note—

The Lachlan Water Management Area is shown on a map in Appendix 1.

Note—

Maps referred to in this Plan may be inspected at offices of the Department of Land and Water Conservation listed in Appendix 2.

(2)  This water source is divided into the following management zones shown on the map in Schedule 2:

(a)  Bourimbla Creek management zone (hereafter Zone 1),

(b)  Lower Boree Creek management zone [downstream of Borenore Caves] (hereafter Zone 2),

(c)  Mid Mandagery Creek management zone [Manildra Creek to Boree Creek confluence] (hereafter Zone 3),

(d)  Lower Mandagery Creek management zone [Boree Creek confluence to Lachlan River junction] (hereafter Zone 4),

(e)  Upper Boree Creek management zone [upstream of Borenore Caves] (hereafter Zone 5), and

(f)  other tributaries (hereafter Zone 6).

Note—

‘Other tributaries’ (Zone 6) is deemed to include all rivers not nominated as part of Zones 1 to 5 (shown on the map in Schedule 2).

Note—

Daily extraction limits are defined for each management zone.

Note—

Specific conditions apply to access licences dealings between these management zones.

5 Waters to which this Plan applies

(1)  The waters of this water source include all water occurring on the land surface shown on the map in Schedule 2 including:

(a)  all rivers in this water source including, but not limited to, those nominated in Schedule 3, and

(b)  all lakes and wetlands in this water source.

(2)  The waters of this water source exclude all water contained within aquifers underlying this water source.

(3)  The waters of this water source exclude waters in any river that is declared by the Minister, by Order published in the NSW Government Gazette, to be a regulated river.

6 Interpretation

(1)  Terms that are defined in the Act have the same meaning in this Plan and the effect of these terms may be explained in Notes.

(2)  Additional terms to those identified in subclause (1) are defined in Schedule 1.

(3)  Notes in the text of this Plan do not form part of this Plan.

(4)  Schedules to this Plan form part of this Plan.

(5)  Appendices to this Plan do not form part of this Plan.

7 Effect on licences, authorities and permits under the Water Act 1912

(1)  This Plan applies from commencement to those matters that are administered under the Act at that time.

(2)  This Plan applies to other matters from the date the relevant provisions of the Act are commenced.

Note—

To the extent possible, the rules embodied in this Plan will apply to matters administered under the Water Act 1912 in the interim.

8 State Water Management Outcomes Plan

(1)  In accordance with section 16 (1) (a) of the Act, this Plan is consistent with the State Water Management Outcomes Plan published in the NSW Government Gazette on 20 December 2002 (hereafter the SWMOP).

(2)  Schedule 4 identifies the SWMOP targets applicable to this Plan and how this Plan contributes to those targets.

Part 2 Vision, objectives, strategies and performance indicators

9 Vision, objectives, strategies and performance indicators

This Part is made in accordance with section 35 (1) of the Act.

10 Vision

The vision for this Plan is to achieve a healthy river ecosystem supporting a viable community.

11 Objectives

The objectives of this Plan are to:

(a)  identify and recognise the key ecological features dependent on flows in this water source,

(b)  protect natural water levels in pools of creeks and rivers during periods of no flow,

(c)  protect natural low flows,

(d)  protect or restore a proportion of moderate flows (freshes) and high flows,

(e)  maintain or restore the natural inundation patterns and distribution of floodwaters supporting natural wetland and floodplain ecosystems,

(f)  maintain or imitate natural flow variability of all rivers,

(g)  maintain a flow regime that supports in-river habitat, endemic aquatic species, endemic riparian vegetation and the recovery of threatened species,

(h)  deliver a range of recreational and amenity opportunities within the natural flow regime,

(i)  provide for community ownership and acceptance of this Plan,

(j)  make provision for and maintain at all times priority to access for basic landholder rights,

(k)  provide equitable access to water,

(l)  encourage water use efficient practices,

(m)  provide a platform for future sustainable economic development,

(n)  provide a water market that allows trading of water access rights within this water source,

(o)  implement water sharing that recognises, respects and protects the spiritual, economic and aesthetic values of the landscape,

(p)  recognise the contribution of this water source to the downstream water systems, and

(q)  protect and improve water quality in the Mandagery Creek Water Source through the management of flows.

Note—

This objective refers to maintaining water quality. Although there are no specific strategies directly related to this objective in this Plan, the environmental water provisions in this Plan make a positive contribution to maintaining water quality.

12 Strategies

The strategies of this Plan are to:

(a)  establish cease (and commence) to pump levels and flow classes,

(b)  limit the amount of water that can be extracted on a daily basis from different flow classes,

(c)  limit the long-term average extraction of water,

(d)  clearly defining access rules and conditions for extracting water from this water source,

(e)  establish rules for determining the water available from time to time under access licences,

(f)  establish water allocation accounting rules, and

(g)  specify access licence dealing rules that maximise flexibility for water users without adversely impacting on the ecology of this water source or existing water users.

13 Performance indicators

The following indicators are to be used to determine the performance of this Plan against its objectives:

(a)  change in low flows,

(b)  change in moderate to high flows,

(c)  change in local water utilities access,

(d)  change in ecological condition of this water source and dependent ecosystems,

(e)  extent to which basic landholder rights requirements have been met,

(f)  change in economic benefits derived from water extraction and use,

(g)  extent to which native title rights requirements have been met,

(h)  extent of recognition of spiritual, social and customary values of water to Aboriginal people, and

(i)  contribution to the achievement of water quality to support the environmental values of this water source.

Note—

Appendix 3 details the objectives to which these performance indicators relate and the methods for assessing these indicators.

Part 3 Basis for water sharing

14 Basis for water sharing

This Part is made in order to give effect to section 5 (3) of the Act, and in accordance with sections 20 (2) (c) and 21 (e) of the Act.

15 Climatic variability

(1)  This Plan recognises climatic variability and therefore river flow variability in this water source.

(2)  To give effect to subclause (1), this Plan has provisions that manage:

(a)  the sharing of water in this water source within the limits of water availability on a long-term average basis, and

(b)  sharing of the flows that occur in this water source on a daily basis.

16 Extraction management unit

(1)  The availability of water for extraction from this water source on a long-term average basis will be determined at the level of an extraction management unit.

(2)  The extraction management unit of which this water source is part is known as the Lachlan Unregulated Extraction Management Unit and is shown on the map in Schedule 5.

17 Flow classes

This Plan establishes the following flow classes as the basis for sharing of daily flows:

(a)  For Zone 1:

(i)  very low flow class at or less than 1.48 megalitres/day (hereafter ML/day),

Note—

1.48 ML/day is referred to as the cease to pump level on a falling river and a commence to pump on a rising river. It corresponds to the estimated 57th percentile of all days flow .

(ii)  A class flows greater than 1.48 ML/day and at or less than 6 ML/day,

(iii)  B class flows greater than 6 ML/day and at or less than 50 ML/day, and

(iv)  C class flows greater than 50 ML/day.

(b)  For Zone 2:

(i)  very low flow class at or less than 3.9 ML/day,

Note—

3.9 ML/day is referred to as the cease to pump level on a falling river and a commence to pump on a rising river. It corresponds to the estimated 85th percentile of all days flow.

(ii)  A class flows greater than 3.9 ML/day and at or less than 21.7 ML/day,

(iii)  B class flows greater than 21.7 ML/day and at or less than 100 ML/day, and

(iv)  C class flows greater than 100 ML/day.

(c)  For Zone 3:

(i)  very low flow class at or less than 4.8 ML/day,

Note—

4.8 ML/day is referred to as the cease to pump level on a falling river and a commence to pump on a rising river. It corresponds to the estimated 53rd percentile of all days flow.

(ii)  A class flows greater than 4.8 ML/day and at or less than 24 ML/day,

(iii)  B class flows greater than 24 ML/day and at or less than 120 ML/day, and

(iv)  C class flows greater than 120 ML/day.

(d)  For Zone 4:

(i)  very low flow class at or less than 12 ML/day,

Note—

12 ML/day is referred to as the cease to pump level on a falling river and a commence to pump on a rising river. It corresponds to the estimated 73rd percentile of all days flow.

(ii)  A class flows greater than 12 ML/day and at or less than 157 ML/day, and

(iii)  B class flows greater than 157 ML/day and at or less than 400 ML/day, and

(iv)  C class flows greater than 400 ML/day.

(e)  For Zone 5, very low flow class at or less than 4.1 ML/day.

Note—

The 4.1 ML/day in subclause (e) is referred to as the cease to pump level on a falling river and a commence to pump on a rising river.

(f)  For Zone 6, no flow classes are established by this Plan.

Note—

All water supply works located in Zone 6 are subject to the condition stated in clauses 22 and 67 which only allows water to be extracted where there is a visible flow in the river in the downstream vicinity of the water supply work.

Note—

The flow classes have been determined based on flow information that inherently includes seasonal effects as well as evaporation and seepage losses.

18 Flow reference point

For the purpose of this Plan, all flows referred to relate to the estimated flows at the flow reference point at the downstream end of this water source as shown on the map in Schedule 2.

19 Determination of flow class

Announcement of daily flow classes will be made from time to time by the Minister based on the flow at flow gauging devices, correlated to the flow reference point established in clause 18.

Part 4 Environmental water provisions

20 Environmental water provisions

This Part is made in accordance with sections 5 (3) and 8 (1), 8 (2) and 20 (1) (a) of the Act.

21 Environmental health water

(1)  Environmental health water is identified and established as follows:

(a)  In Zone 1:

(i)  in very low flows, the flow occurring in this zone minus 0.5 ML/day,

Note—

0.5 ML/day is the amount of water estimated at the commencement of the Plan for basic landholder rights in Zone 1.

(ii)  in A class flows, the flow occurring in this zone minus 2.3 ML/day,

Note—

2.3 ML/day is the amount of water estimated at the commencement of the Plan for A class total daily extraction limit and basic landholder rights in Zone 1.

(iii)  in B class flows, the flow occurring in this zone minus 12.5 ML/day, and

Note—

12.5 ML/day is the amount of water estimated at the commencement of the Plan for B class total daily extraction limit and basic landholder rights in Zone 1.

(iv)  in C class flows, the flow occurring in this zone minus 17.5 ML/day.

Note—

17.5 ML/day is the amount of water estimated at the commencement of the Plan for C class total daily extraction limit and basic landholder rights in Zone 1.

(b)  In Zone 2:

(i)  in very low flows, the flow occurring in this zone minus 0.88 ML/day,

Note—

0.88 ML/day is the amount of water estimated at the commencement of the Plan for basic landholder rights in Zone 2.

(ii)  in A class flows, the flow occurring in this zone minus 11.68 ML/day,

Note—

11.68 ML/day is the amount of water estimated at the commencement of the Plan for A class total daily extraction limit and basic landholder rights in Zone 2.

(iii)  in B class flows, the flow occurring in this zone minus 22.88 ML/day, and

Note—

22.88 ML/day is the amount of water estimated at the commencement of the Plan for B class total daily extraction limit and basic landholder rights in Zone 2.

(iv)  in C class flows, the flow occurring in this zone minus 42.88 ML/day.

Note—

42.88 ML/day is the amount of water estimated at the commencement of the Plan for C class total daily extraction limit and basic landholder rights in Zone 2.

(c)  In the Zone 3:

(i)  in very low flows, the flow occurring in this zone minus 0.82 ML/day,

Note—

0.82 ML/day is the amount of water estimated at the commencement of the Plan for basic landholder rights in Zone 3.

(ii)  in A class flows, the flow occurring in this zone minus 15.32 ML/day,

Note—

15.32 ML/day is the amount of water estimated at the commencement of the Plan for A class total daily extraction limit and basic landholder rights in Zone 3.

(iii)  in B class flows, the flow occurring in this zone minus 27.82 ML/day, and

Note—

27.82 ML/day is the amount of water estimated at the commencement of the Plan for B class total daily extraction limit and basic landholder rights in Zone 3.

(iv)  in C class flows, the flow occurring in this zone minus 50.82 ML/day.

Note—

50.82 ML/day is the amount of water estimated at the commencement of the Plan for C class total daily extraction limit and basic landholder rights in Zone 3.

(d)  In Zone 4:

(i)  in very low flows, the flow occurring in this zone minus 1.5 ML/day,

Note—

1.5 ML/day is the amount of water estimated at the commencement of the Plan for basic landholder rights in Zone 4.

(ii)  in A class flows, the flow occurring in this zone minus 95.5 ML/day,

Note—

95.5 ML/day is the amount of water estimated at the commencement of the Plan for A class total daily extraction limit and basic landholder rights in Zone 4.

(iii)  in B class flows, the flow occurring in this zone minus 146.5 ML/day, and

Note—

146.5 ML/day is the amount of water estimated at the commencement of the Plan for B class total daily extraction limit and basic landholder rights in Zone 4.

(iv)  in C class flows, the flow occurring in this zone minus 301.5 ML/day.

Note—

301.5 ML/day is the amount of water estimated at the commencement of the Plan for C class total daily extraction limit and basic landholder rights in Zone 4.

(e)  In Zone 5:

(i)  in very low flows, the flow occurring in this zone minus 0.19 ML/day, and

Note—

0.19 ML/day is the amount of water estimated at the commencement of the Plan for basic landholder rights in Zone 5.

(ii)  for all flows above the very low flow class, the flow occurring in this zone minus 0.19 ML/day and minus the total extraction under all access licences in this zone.

(f)  In Zone 6, the flow occurring in this zone minus 2.41 ML/day and minus the total extraction under all access licences in this zone.

Note—

2.41 ML/day is the amount of water estimated at the commencement of the Plan for basic landholder rights in Zone 6.

(2)  Environmental health water is maintained as follows:

(a)  In very low flows:

(i)  in Zones 1 to 5, the holders of access licences are not permitted any access, and

(ii)  persons exercising domestic and stock and native title rights may take a combined total of up to 0.5 ML/day in Zone 1, 0.88 ML/day in Zone 2, 0.82 ML/day in Zone 3, 1.5 ML/day in Zone 4, 0.19 ML/day in Zone 5 and 2.41 ML/day in Zone 6.

Note—

The Minister may issue an Order under section 328 of the Act to restrict the exercise of domestic and stock rights from this water source to protect the environment for reasons of public health, or to preserve basic landholder rights.

(b)  In A class, B class and C class flows:

(i)  in Zones 1 to 4, the holders of access licences have restricted access to water as specified in clause 45,

(ii)  persons exercising domestic and stock and native title rights may take water, and

(iii)  if the water taken under domestic and stock and native title rights is assessed to be exceeding 0.5 ML/day in Zone 1, 0.88 ML/day in Zone 2, 0.82 ML/day in Zone 3, 1.5 ML/day in Zone 4, 0.19 ML/day in Zone 5 and 2.41 ML/day in Zone 6, the access to water for access licences will be reduced in accordance with clause 50 to maintain the environmental water in this flow class.

(c)  In all flow classes, limits are imposed on the availability of water in accordance with clauses 35 and 37, that protect a proportion of natural river flows for fundamental ecological needs from increases in long-term water extraction.

Note—

These rules protect the water for the environment by limiting both water extracted over the long-term and the rate of extraction of water in different flow ranges, thereby achieving the objectives of this Plan.

Note—

This Plan recognises that the environmental health water provisions provide non-extractive benefits, including traditional Aboriginal spiritual, social, customary, cultural and recreational benefits, and contributes to improved water quality.

22 Extraction by water supply work

Notwithstanding all other rights and conditions, extraction of water from a river by an approved water supply work is permitted only if there is visible flow in the river in the vicinity of the work.

23 Supplementary environmental water

At the commencement of this Plan, there is no water committed for specified environmental purposes in accordance with section 8 (1) (b) of the Act.

24 Adaptive environmental water

(1)  At any time an access licence holder may, by a process determined by the Minister, commit all or part of their licence as adaptive environmental water.

(2)  The conditions of the commitment specified in subclause (1):

(a)  are to be established by the Minister,

(b)  are to be specified on the licence, and

(c)  shall be such as to ensure that there is a contribution to the objectives of this Plan.

(3)  At the commencement of this Plan there are no access licences committed to an environmental purpose in accordance with section 8 (1) (c) of the Act.

Part 5 Basic landholder rights

25 Basic landholder rights

This Part is made in accordance with sections 5 (3) and 20 (1) (b) of the Act.

Note—

The Minister may issue an Order under section 328 of the Act to restrict the exercise of domestic and stock rights from this water source to protect the environment, for reasons of public health, or to preserve basic landholder rights.

26 Domestic and stock rights

(1)  At the commencement of this Plan the water requirements of holders of domestic and stock right are estimated to be a total of 6.3 ML/day and for each management zone are estimated to be a total of as follows:

(i)  0.5 ML/day in Zone 1,

(ii)  0.88 ML/day in Zone 2,

(iii)  0.82 ML/day in Zone 3,

(iv)  1.5 ML/day in Zone 4,

(v)  0.19 ML/day in Zone 5, and

(vi)  2.41 ML/day in Zone 6.

(2)  This Plan recognises that the exercise of domestic and stock rights may increase during the term of this Plan.

Note—

Increase in use of domestic and stock rights may occur as a result of an increase in the number of landholdings fronting rivers and lakes in this water source or as a result of an increase in the exercise of basic landholder rights by existing landholders.

27 Native title rights

(1)  At the commencement of this Plan the water requirements of holders of native title rights are a total of 0 ML/day.

(2)  This Plan recognises that the exercise of native title rights may increase during the term of this Plan.

Note—

Increase in use of native title rights may occur s a result of the granting of native title rights under the Commonwealth’s Native Title Rights Act 1993.

28 Harvestable rights

The requirement for water under harvestable rights is the amount of water owners of land are entitled to capture pursuant to the harvestable rights Order published in the NSW Government Gazette on March 2001 under section 54 of the Act.

Part 6 Bulk access regime

29 Bulk access regime

(1)  This Part is made in accordance with section 20 (1) (e) of the Act.

(2)  This Plan establishes a bulk access regime for the extraction of water under access licences in this water source having regard to:

(a)  the environmental water provisions established under Part 4 of this Plan,

(b)  the requirements for basic landholder rights identified under Part 5 of this Plan, and

(c)  the requirements for water for extraction under access licences identified under Part 7 of this Plan.

(3)  The bulk access regime established in subclause (2):

(a)  recognises the effect of climatic variability on the availability of water as provided for under Part 3 of this Plan,

(b)  establishes rules according to which access licences are granted as provided for in Part 8 of this Plan,

(c)  recognises and is consistent with limits to the availability of water as provided for in Part 9, Division 1 of this Plan,

(d)  establishes rules according to which available water determinations are to be made as provided for in Part 9 Division 2 of this Plan,

(e)  establishes rules according to which access licences are managed as provided for in Part 10 of this Plan, and

(f)  establishes rules with respect to the priorities according to which access licences are to be adjusted as a consequence of any reduction in the availability of water as provided for in Parts 9 and 10 of this Plan.

Part 7 Requirements for water under access licences

30 Requirements for water under access licences

This Part is made in accordance with section 20 (1) (c) of the Act.

Note—

The amount of water specified in this Part represents the total volumes specified on access licences in this water source. It is not a commitment to supply that water.

31 Estimate of water requirements

(1)  It is estimated that at the time of commencement of Part 2 of Chapter 3 of the Act in the area in respect of which this Plan is made, the requirements identified for water for extraction under access licences within this water source will total approximately 8477 megalitres per year (hereafter ML/yr), distributed as follows:

(a)  124 ML/yr in Zone 1,

(b)  908 ML/yr in Zone 2,

(c)  910 ML/yr in Zone 3,

(d)  6001 ML/yr in Zone 4,

(e)  229 ML/yr in Zone 5, and

(f)  305 ML/yr in Zone 6.

(2)  It is estimated that at the time of commencement of Part 2 of Chapter 3 of the Act in the area in respect of which this Plan is made, there will be 18 runoff harvesting access licences in this water source, that will have their access licence share component expressed as the water that can be extracted from time to time from the approved works.

(3)  This Plan recognises that the total requirements for water for extraction within this water source and specific management zones may change during the term of this Plan as a result of:

(a)  the granting, surrender, cancellation or non-renewal of access licences, or

(b)  variations to local water utility licences arising from sections 66 (3) or 66 (4) of the Act.

Part 8 Rules for granting access licences

32 Rules for granting access licences

(1)  This Part is made in accordance with sections 20 (2) (b) and 63 of the Act, having regard to the limits to water availability in this water source and the need to protect the ecological health of the river.

(2)  Access licences may be granted in this water source subject to any embargo on the making of applications for access licences made under Chapter 3 Part 2 Division 7 of the Act.

(3)  The Minister should declare an embargo on the making of applications for access licences in this water source, other than access licences of the following kinds:

(a)  local water utility access licences,

Note—

Pursuant to sections 66 (3) and 66 (4) of the Act, the Minister may also vary a local water utility’s share component at 5 year intervals, or on application of the local water utility where there is a rapid growth in population.

(b)  domestic and stock access licences,

(c)  an access licence resulting from an application type listed in section 82 (1) of the Act, or

(d)  unregulated river (Aboriginal cultural) access licences where the share components should not result in water allocations exceeding 10 ML/yr per application.

(4)  In applying for a new access licence, the applicant must establish the purpose and circumstance relating to that access licence, and that the share and extraction components sought will be the minimum required to meet that purpose and circumstance.

(5)  Subclause (4) does not apply to a new access licence arising from an application of a type listed in section 82 (1) of the Act.

(6)  Any individual daily extraction limit (hereafter IDEL) granted in accordance with this clause cannot exceed the IDEL initially assigned to an equivalent share component for that category of access licence, as varied by clause 50.

(7)  In accordance with section 56 of the Act, all access licences in this water source shall have a share component expressed as a volume in ML/yr.

(8)  Notwithstanding subclause (7) runoff harvesting access licences may have the share component expressed either as a volume in ML/yr or in terms of the amount of water that can be extracted from time to time from specified works.

Part 9 Limits to the availability of water

Division 1 Long-term average extraction limit

33 Limits to the availability of water

This Division is made in accordance with section 20 (2) (a) of the Act.

34 Extraction management unit

Management of the long-term extraction of water from this water source will be undertaken in the context of the Lachlan Unregulated Extraction Management Unit (hereafter this Unit) referred to in clause 16.

35 Long-term average extraction limit

The long-term average extraction limit for this Unit of which this water source is a part will be the total of:

(a)  the estimated annual extraction of water averaged over the period from July 1993 to June 1999 specified on licence conditions attached to or included in entitlements issued under Part 2 of the Water Act 1912 in this Unit, immediately prior to the commencement of Part 2 of Chapter 3 of the Act for this Unit, and

(b)  an estimate of annual extraction of water under domestic and stock rights and native title rights in this Unit at the commencement of this Plan.

36 Variation of the long-term average extraction limit

The long-term average extraction limit of this Unit may be varied by the Minister if dealings under Part 11 of this Plan result in the issuing or cancellation of access licences in this Unit.

Division 2 Available water determinations

37 Available water determinations

(1)  This Division is made in accordance with section 20 (2) (b) of the Act.

(2)  In making an available water determination under section 59 of the Act, the Minister should consider the following rules:

(a)  water extraction in this Unit will be monitored in each water accounting year to determine if there is any growth in volumes extracted above the extraction limit specified in clause 35, based on comparison of the extraction limit against the average extraction within this Unit over that year and the preceding 2 years,

Note—

A water accounting year is defined in clause 42 (3).

(b)  if water that, pursuant to an access licence, is committed as adaptive environmental water to be left in a river for environmental purposes, then for the purpose of subclause (a), the extraction will be assumed to be 100% of the available water determination,

(c)  if water that, pursuant to an access licence, is committed as adaptive environmental water to be extracted for environmental purposes, then for the purpose of subclause (a), the extraction will be that measured through the approved water supply work,

(d)  for all access licences, an initial available water determination, of such volume of water as is equivalent to two times the access licence share component, should be made on 1 July 2003, and such determination should apply for one water accounting year,

(e)  from 1 July 2004, available water determinations for local water utility and domestic and stock access licences should be of such volume of water as is equivalent to the access licence share component, with priority given to making this water available above the making of water available to all other categories of access licence, and such determinations should be made annually,

(f)  from 1 July 2004, available water determinations for unregulated river access licences, including all subcategories, should be such volume of water as is equivalent to the access licence share component, except as provided in subclauses (g) and (h), and such determinations should be made annually,

(g)  if the 3 year average of extraction in this Unit exceeds the long-term average extraction limit established in clause 35 by 5% or greater, then the available water determination for the following water accounting year for unregulated river access licences in this water source should be reduced by an amount that is assessed necessary by the Minister to return subsequent total water extraction to the long-term average extraction limit,

(h)  if the 3 year average of extraction in this Unit is less than 95% of the long-term average extraction limit established in clause 35, the available water determination for unregulated river access licences in this water source shall be increased to such an extent as to allow extraction to increase to that extraction limit,

(i)  notwithstanding subclause (h), the available water determination shall not exceed 100% of total access licence share components,

(j)  a new available water determination for unregulated river access licences determined under subclause (g) or (h) should be repeated for each of the subsequent two water accounting years unchanged in quantity, and

(k)  available water determinations for runoff harvesting access licences should be made annually and should be either the access licence share component or the water that can be extracted from time to time from the approved works, depending on the manner in which the share component is expressed on the licence.

Part 10 Rules for managing access licences

Division 1 General

38 Rules for managing access licences

This Part is made in accordance with sections 20 (2) (b), 21 (a) and 21 (c) of the Act, having regard to:

(a)  the environmental water rules established in Part 4 of this Plan,

(b)  requirements for water to satisfy basic landholder rights identified in Part 5 of this Plan, and

(c)  requirements for water for extraction under access licences in Part 7 of this Plan.

Division 2 Water allocation account management

39 Water allocation account management

This Division is made in accordance with sections 20 (2) (b) and 21 (c) of the Act.

40 Water allocation accounts

In accordance with section 85 of the Act, a water allocation account shall be established for each access licence in this water source.

Note—

Water allocations may be assigned to or from these accounts by a water allocation assignment made under section 71G of the Act, where these are allowed under rules specified in Part 11 of this Plan.

Note—

Water allocations may also be recredited to these accounts in accordance with section 76 of the Act, subject to the operation of a return flows scheme established under section 75 of the Act.

41 Accrual of water allocations

Water allocations will be accrued into water allocation accounts in accordance with the Minister’s available water determinations as specified in clause 37.

42 Annual accounting for water extraction

(1)  Water taken from this water source will be accounted for at least annually.

(2)  Water extracted by a water supply work nominated by an access licence is taken to be extracted and will be periodically debited against the access licence water allocation account.

(3)  A water accounting year shall be the 12 month period commencing 1 July.

(4)  The maximum water allocation that can be carried over from one water accounting year to the next is as follows:

(a)  100% of the access licence share component from 2003/4 to 2004/5,

(b)  200% of the access licence share component from 2004/5 to 2005/6, and

(c)  thereafter, the sum of the previous two available water determinations.

(5)  Notwithstanding subclause (4) total water in any water allocation account cannot exceed 3 times the share component of the access licence:

(a)  plus any water allocations assigned from another licence by a water allocation assignment under section 71G of the Act in that year,

(b)  plus any water allocations recredited in accordance with section 76 of the Act in that year, and

(c)  minus any water allocations assigned to another licence by a water allocation assignment under section 71G of the Act in that year.

(6)  In any one water accounting year, water taken from this water source under an access licence may not exceed a volume consisting of:

(a)  twice the water allocation accrued under the licence that year,

(b)  plus any water allocations assigned from another licence by a water allocation assignment under section 71G of the Act in that year,

(c)  plus any water allocations recredited in accordance with section 76 of the Act in that year, and

(d)  minus any water allocations assigned to another licence, by a water allocation assignment under section 71G of the Act in that year.

(7)  A water allocation account shall remain at or above zero at all times.

43 Three year accounting for water extraction

(1)  Water taken from this water source in any 3 consecutive water accounting years under an access licence may not exceed a volume consisting of:

(a)  the water allocations accrued under the licence in those years,

(b)  plus any water allocations assigned from another licence by a water allocation assignment under section 71G of the Act in those years,

(c)  plus any water allocations recredited in accordance with section 76 of the Act in those years, and

(d)  minus any water allocations assigned to another licence, by a water allocation assignment under section 71G of the Act in those years.

(2)  Notwithstanding subclause (1), water taken under an access licence from this water source in the first 3 water accounting years of this Plan may not exceed a volume consisting of:

(a)  3 times the share component of the access licence,

(b)  plus any water allocations assigned from another licence by a water allocation assignment under section 71G of the Act in those years,

(c)  plus any water allocations recredited in accordance with section 76 of the Act in those years, and

(d)  minus any water allocations assigned to another licence, by a water allocation assignment under section 71G of the Act in those years.

Division 3 Sharing flows on a daily basis

44 Sharing flows on a daily basis

This Division is made in accordance with sections 20 (2) (b) and 21 (a) of the Act.

45 Total daily extraction limits

(1)  This Plan establishes a total daily extraction limit (hereafter TDEL) for each flow class as follows:

(a)  Zone 1:

(i)  1.8 ML/day for A class,

(ii)  12 ML/day for B class, and

(iii)  17 ML/day for C class.

Note—

These flows represent 30% of the top of A class flows (which is at the 38th percentile), 38% of the top of B class flows (which is at the 16th percentile) and 16% of the C class flow measurement point (which is the 5th percentile) in Zone 1 for all days.

(b)  Zone 2:

(i)  10.8 ML/day for A class,

(ii)  22 ML/day for B class, and

(iii)  42 ML/day for C class.

Note—

These flows represent 50% of the top of A class flows (which is at the 36th percentile) and 37% of the top of B class flows (which is at the 17th percentile) and 24% of the C class flow measurement point (which is at the 5th percentile) in Zone 2 for all days.

(c)  Zone 3:

(i)  14.5 ML/day for A class,

(ii)  27 ML/day for B class, and

(iii)  50 ML/day for C class.

Note—

These flows represent 60% of the top of A class flows (which is at the 28th percentile) and 30% of the top of B class flows (which is at the 14th percentile) and 41% of the C class flow measurement point (which is at the 5th percentile) in Zone 3 for all days.

(d)  Zone 4:

(i)  94 ML/day for A class,

(ii)  145 ML/day for B class, and

(iii)  300 ML/day for C class.

Note—

These flows represent 60% of the top of A class flows (which is at the 22nd percentile) and 54% of the top of B class flows (which is at the 14th percentile) and 39% of the C class flow measurement point (which is at the 5th percentile) in Zone 4 for all days.

(e)  At the commencement of this Plan, TDELs have not been established for Zone 5.

(f)  At the commencement of this Plan, TDELs have not been established for Zone 6.

Note—

All water supply works located in Zone 6 are subject to the condition stated in clause 65 (d) which only allows water to be extracted where there is a visible flow in the river in the downstream vicinity of the water supply work.

(2)  The TDEL for each flow class in each zone specified in subclause (1) applies to all rivers within that zone apart from those rivers identified as minor streams in a harvestable right order made under section 54 of the Act.

Note—

The harvestable rights order applying to this area at the commencement of this Plan is that gazetted on 23 March 2001 under section 54 of the Act. It identifies minor streams as non-permanent 1st and 2nd order streams as shown on topographic maps.

46 Initial assignment of the TDEL to categories of access licence

(1)  The TDEL for each flow class of Zone 1 will initially be assigned to categories of access licences according to the following:

(a)  Domestic and stock access licences:

(i)  0.02 ML/day of A class,

(ii)  0.02 ML/day of B class, and

(iii)  0.02 ML/day of C class.

(b)  Local water utility access licences:

(i)  0 ML/day for A class,

(ii)  0 ML/day for B class, and

(iii)  0 ML/day for C class.

(c)  Unregulated river access licences:

(i)  1.78 ML/day of A class,

(ii)  11.98 ML/day of B class, and

(iii)  11.98 ML/day of C class.

(2)  The TDEL for each flow class of Zone 2 will initially be assigned to categories of access licences according to the following:

(a)  Domestic and stock access licences:

(i)  0.19 ML/day of A class,

(ii)  0.19 ML/day of B class, and

(iii)  0.19 ML/day of C class.

(b)  Local water utility access licences:

(i)  0 ML/day for A class,

(ii)  0 ML/day for B class, and

(iii)  0 ML/day for C class.

(c)  Unregulated river access licences:

(i)  10.61 ML/day of A class,

(ii)  21.81 ML/day of B class, and

(iii)  21.81 ML/day of C class.

(3)  The TDEL for each flow class of Zone 3 will initially be assigned to categories of access licences according to the following:

(a)  Domestic and stock access licences:

(i)  0.05 ML/day of A class,

(ii)  0.05 ML/day of B class, and

(iii)  0.05 ML/day of C class.

(b)  Local water utility access licences:

(i)  0 ML/day of A class,

(ii)  0 ML/day of B class, and

(iii)  0 ML/day of v class,

(c)  Unregulated river access licences:

(i)  14.45 ML/day of A class,

(ii)  26.95 ML/day of B class, and

(iii)  26.95 ML/day of C class.

(4)  The TDEL for each flow class of Zone 4 will initially be assigned to categories of access licences according to the following:

(a)  Domestic and stock access licences:

(i)  0.05 ML/day of A class,

(ii)  0.05 ML/day of B class, and

(iii)  0.05 ML/day of C class.

(b)  Local water utility access licences:

(i)  0 ML/day for A class,

(ii)  0 ML/day for B class, and

(iii)  0 ML/day for C class.

(c)  Unregulated river access licences:

(i)  93.95 ML/day of A class,

(ii)  144.95 ML/day of B class, and

(iii)  144.95 ML/day of C class.

Note—

At the commencement of this Plan, no TDELs have been assigned for Zones 5 and 6.

47 Unassigned TDEL

At the commencement of this Plan, the unassigned TDEL in each flow class is as follows:

(a)  in Zone 1, 5 ML/day of C class,

(b)  in Zone 2, 20 ML/day of C class,

(c)  in Zone 3, 23 ML/day of C class, and

(d)  in Zone 4, 155 ML/day of C class,

48 Daily extraction limits for individual access licence holders

(1)  Each access licence in a zone requiring an IDEL, as specified in Part 12 of this Plan, is assigned the same proportion of the TDEL for that zone as is specified in clause 46 as its share component bears to all the share components of licences of that category in that zone.

(2)  In relation to those access licences that are currently excluded from a flow class or part of a flow class by existing conditions on the licence or the water supply work approval through which the licence is being exercised at that time, the individual daily extraction limit resulting from subclause (1) will be adjusted to reflect as far as possible such an exclusion.

49 Granting of unassigned TDEL

(1)  The unassigned TDEL in clause 47 may be assigned to access licences in the following circumstances:

(a)  where they are applied for as part of a new access licence application,

(b)  where in accordance with clauses 54 and 55, an access licence holder applies to amend an access licence to surrender an A class IDEL in exchange for a C class IDEL,

(c)  to a local water utility access licence where the Minister varies the licence in accordance with sections 66 (3) or 66 (4) of the Act, or

(d)  to existing access licences for the purpose of pumping into a farm dam if:

(i)  the purpose of the additional IDEL is sought is established by the proponent,

(ii)  the IDEL sought is the minimum required to satisfy that purpose, and

(iii)  the extraction is consistent with the objectives and principles of this Plan.

(2)  Where additional IDELs are assigned to an access licence in accordance with subclause (1) (a), the amount of IDEL so assigned shall be determined by the Minister consistent with the ratios of share component to IDEL for the specific category of access licence initially assigned under clause 48 and as amended by clause 50.

50 Adjustment to TDELs and IDELs

(1)  Where IDELs are assigned under clause 49 the unassigned TDEL in the specified management zone is reduced accordingly, and the TDEL assigned to the appropriate licence category in the specified management zone in clause 46 is increased accordingly.

(2)  Pursuant to section 42 (2) of the Act, if total extraction of water under domestic and stock or native title basic landholder rights in a management zone exceeds the level specified in Part 5 of this Plan:

(a)  first the unassigned TDEL specified in clause 47 for that zone and in each flow class, then, if necessary, the TDEL for unregulated river access licences in clause 46 shall be diminished to allow these additional basic landholder rights to be met, and

(b)  the IDELs of each unregulated river access licence in that management zone will then be reduced to comply with this diminished TDEL.

(3)  Pursuant to section 42 (2) of the Act, if any unassigned TDEL in a management zone cannot meet either:

(a)  the IDEL requirements of applicants for new access licences for local water utility access, domestic and stock access, and unregulated river (Aboriginal cultural) access in that management zone, or

(b)  a local water utility’s IDEL requirements in that management zone resulting from a variation by the Minister under sections 66 (3) or 66 (4) of the Act,

then the TDEL for unregulated river access licences in that management zone in clause 46 will be diminished to such an extent as to allow those requirements to be met.

(4)  Following a variation under subclause (3):

(a)  the IDELs of each unregulated river access licence in that management zone will then be reduced to comply with this diminished TDEL, and

(b)  this adjustment will be done at intervals of no greater than 5 years.

(5)  Where, in accordance with clauses 54 and 55, an access licence holder in a management zone applies to amend an access licence to surrender A class IDELs in exchange for C class IDELs:

(a)  the unassigned TDEL in C class in that management zone nominated in clause 47 shall be reduced by the amount of C class IDEL issued,

(b)  the A class TDEL in the management zone nominated in clause 45 shall be reduced by the amount of A class IDEL surrendered, and

(c)  the A class TDEL for unregulated river access licences in clause 46 shall be reduced accordingly.

(6)  If water that, pursuant to an access licence:

(a)  is committed as adaptive environmental water, then the TDEL for all classes specified on the committed access licence in the specified category in that management zone will be reduced by the IDEL on the access licence so committed and clause 45 adjusted accordingly, or

(b)  is uncommitted to adaptive environmental water, then the TDEL for all classes specified on the committed access licence in the specified category in that management zone will be increased by the IDEL on the access licence so uncommitted and clause 45 adjusted accordingly.

51 Administrative arrangements for managing access to daily flows

(1)  Notwithstanding the forgoing provisions of this Division, this Plan allows group management of access licences with respect to the IDELs.

(2)  The Minister may determine that, from the commencement of this Plan and until otherwise determined:

(a)  all access licences within a management zone with IDELs shall be made part of a group maintained by the Minister, and

(b)  access licences in that management zone with IDELs will be assessed as a whole against their combined IDELs.

(3)  At any time when subclause (2) does not apply:

(a)  access licence holders within a management zone may make a request to form a group for their access licences,

(b)  access licence holders within a management zone may have their access licence removed from a group, in which case they shall be permitted to extract under that licence a maximum of the IDEL on the subject access licence, and

(c)  where an access licence is removed or added to a group, the group combined IDEL shall be adjusted by the amount of IDEL on the subject access licence.

(4)  Groups will be managed according to the following rules:

(a)  daily extraction by a group cannot exceed the combined IDEL of all access licences in the group,

(b)  where it been assessed that a holder of a licence within a group is repeatedly causing the combined IDEL to be exceeded then the Minister may remove that access licence from the group,

(c)  where daily extraction by a group exceeds the combined IDELs of all access licences in the group, then the Minister may dissolve the group and require each access licence holder to comply with the IDEL on the subject access licence,

(d)  should a holder of an access licence which is part of a group commit the IDELs of that access licence to the environment consistent with section 8 (1) (c) of the Act, then those IDELs shall be removed from the group, and

(e)  the Minister may refuse to allow an access licence to be included in a group, and may refuse a request to form a group.

Note—

The Minister may allow an access licence that is linked to a water supply works approval that nominates more than one management zone to be placed in more than one approved group. The IDEL of access licences in this category may only be accessed in any one management zone on any given day.

52 Infrastructure failure

In the event of infrastructure failure, the Minister can elect to:

(a)  continue to announce the current flow class,

(b)  announce another flow class based on climatic conditions and any other flow gauging information, or

(c)  restrict access to water to the lowest flow class.

Note—

Infrastructure is defined in the dictionary.

Note—

The Minister may direct the holders of an access licence to cease using the water supply work in accordance with section 323 of the Act, to protect the environment.

Part 11 Access licence dealing rules

53 Access licence dealing rules

(1)  This Part is made in accordance with section 20 (1) (d) of the Act, and with the Minister’s access licence dealing principles gazetted on 20 December 2002 under section 71L of the Act.

Note—

The Minister’s access licence dealing principles are contained in Appendix 5.

(2)  Applications for access licence dealings may be granted subject to the Minister’s access licence dealing principles gazetted from time to time under section 71L of the Act and the rules in this Part.

Note—

There are a number of mechanisms within the Act, called access licence dealings, to change either the ownership of all or part of an access licence, or the location within a water source at which all or part of the share and extraction components of access licences can be exercised. These dealings are governed by the principles in section 5 of the Act, the Minister’s access licence dealing principles, and the rules in this Part.

Note—

Where there is an inconsistency between access licence dealing rules established in this plan and Minister’s access licence dealing principles gazetted subsequent to the commencement of this plan, section 71L of the Act provides for the access licence dealing rules in this plan to prevail.

54 Rules relating to constraints within this water source

(1)  This clause applies to any relevant dealings under sections 71D, 71F and 71J of the Act, and with respect to water allocation assignments within this water source under section 71G of the Act.

(2)  Dealings are prohibited under this clause if:

(a)  any of the access licences or water allocations involved are not within this water source, unless the dealing is permitted under clause 59, or

Note—

Clause 56 relates to any dealings that involve an access licence moving from one water source to another.

(b)  the dealing would result in the access licence extraction component nominating a work in a different management zone, unless provided for in subclause (3).

(3)  Subject to the review established at clause 74 of this Plan, and after year 5 of this Plan, if there is remaining unassigned C class TDEL in a management zone, an access licence holder may apply to specify additional C class IDELs in return for surrender of A class IDELs, even if the dealing results in the access licence extraction component nominating a work in a different management zone, subject to conversion factors established by the Minister in to clause 74 (1).

55 Rules for access licence dealings which alter the times, rates or circumstances specified access licence extraction components

(1)  If there is remaining unassigned C class TDEL in a zone, a licence holder may apply under section 71F of the Act to alter their access licence extraction component in the same management zone to specify additional C class IDELs, in return for the surrender of A class IDELs.

(2)  A dealing in accordance with subclause (1):

(a)  can only occur in management zones 1 to 4,

(b)  can occur within the same management zone and are subject to the following conversion factors:

(i)  in Zone 1, for every 1 ML/day of A class IDEL surrendered, 3 ML/day of C class IDEL may be issued,

(ii)  in Zone 2, for every 1 ML/day of A class IDEL surrendered, 2 ML/day of C class IDEL may be issued,

(iii)  in Zone 3, for every 1 ML/day of A class IDEL surrendered, 1.6 ML/day of C class IDEL may be issued, and

(iv)  in Zone 4, for every 1 ML/day of A class IDEL surrendered, 1.6 ML/day of C class IDEL may be issued, and

(c)  can occur between management zones 1, 2, 3 and 4 after year 5 subject to conversion factors established by the Minister.

56 Rules for change of water source

(1)  This clause relates to dealings under section 71E of the Act.

Note—

Section 71E 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 71J of the Act) in the receiving water source before extraction can commence.

(2)  Dealing under section 71E of the Act are prohibited in this water source unless provided for in this clause.

(3)  An access licence with a share component specifying this water source may be cancelled and a new licence issued only if the new access licence issued is within this Unit and the access licence dealing rules in the other water source permit such a dealing.

(4)  An access licence with a share component specifying another water source may be cancelled and a new access licence issued in this water source only if the access licence dealing rules in the other water source permit such a dealing and

(a)  the access licence cancelled is within this Unit, or

(b)  the access licence cancelled is within the Lachlan regulated river water source.

(5)  The volume of share component on an access licence issued under this clause is to be the volume of the cancelled access licence share component multiplied by a conversion factor established by the Minister, and published in an Order made under section 71L of the Act, that protects environmental water, basic landholder rights, and the reliability of supply to all other access licences subject to this Plan.

(6)  The extraction component of the cancelled access licence is not to be carried over to the new access licence.

57 Rules for conversion of access licence category

(1)  This clause relates to dealings under section 71B of the Act.

(2)  Conversion of an access licence of one category to an access licence of another category may be permitted only if:

(a)  the conversion is from an unregulated river access licence to a runoff harvesting access licence, or

(b)  the conversion is from a regulated river access licence to unregulated river access licence.

Note—

This will occur directly following a dealing under section 71E that changes the water source to which the access licence applies.

(3)  The volume of share component on an access licence issued under this clause is to be the volume of the cancelled share component multiplied by a conversion factor established by the Minister, and published in an Order made under section 71L of the Act, that protects environmental water, basic landholder rights, and the reliability of supply to all other access licences subject to this Plan.

58 Rules for interstate access licence transfer

(1)  This clause relates to dealings under section 71H of the Act.

(2)  Dealings that result in the interstate transfer of an access licence into or out of this water source are prohibited.

59 Rules for water allocation assignment between water sources

(1)  This clause relates to dealings under section 71G of the Act, in relation to water allocation assignments between water sources.

(2)  Dealings under section 71G of the Act that result in water allocation assignments to or from access licences in this water source are prohibited unless provided for in this clause.

(3)  Dealings that assign water allocations between access licences inside this water source and access licences outside of this water source, but inside this extraction management unit, are permitted only if the access licence dealing rules in the other water source permit such a dealing.

(4)  Dealings which assign water allocations between access licences inside this water source, are permitted, subject to clause 54.

Note—

Each water allocation assignment must be applied for. Licence holders may enter into private contracts to assign water allocations for a number of years. Such contracts are not guaranteed by the Government, and approval must be sought annually. Approval will be subject to the rules in this Plan, including local impact assessment.

60 Rules for interstate assignment of water allocations

(1)  This clause relates to dealings under section 71I of the Act.

(2)  Dealings that result in interstate assignment of water allocations to or from this water source are prohibited.

Part 12 Mandatory conditions

61 Mandatory conditions on access licences

(1)  This Part is made in accordance with sections 17 (c) and 20 (2) (e) of the Act.

(2)  All access licences shall have mandatory conditions to give effect to the provisions of this Plan in relation to the following:

(a)  the specification of the share component of the access licence,

(b)  the specification of the extraction component of the access licence, including IDELs arising from the operation of Part 10 Division 3 of this Plan where applicable, and the variation thereof,

(c)  the requirement that extraction under the access licence will be subject to the available water determinations,

(d)  the requirement that extraction under the access licence will be subject to the water allocation account management rules established in Part 10 Division 2 of this Plan,

(e)  the requirement that the taking of water in accordance with the access licence will only be permitted if the resulting debit from the access licence water allocation account will not exceed the volume of water allocation remaining in the account,

(f)  the requirement that water may only be taken under the access licence by the water supply work nominated by the access licence, and

(g)  any other conditions required to implement the provisions of this Plan.

62 Unregulated river access licences

All unregulated river access licences shall have mandatory conditions to give effect to the following:

(a)  water may only be taken in accordance with a flow class determined by he Minister, at a rate not exceeding that specified for the flow class on the access licence extraction component (if specified), unless otherwise authorised by a registered group, and

(b)  notwithstanding subclause (a), water may be taken without any restrictions in rate from an in-river dam while the dam is passing all inflows.

63 Local water utility access licences

All local water utility access licences shall have mandatory conditions to give effect to the following:

(a)  water may only be taken for the purposes of supplying water for the exercise of a water supply function of the local water utility or for other such purpose provided for under the Act,

(b)  water may only be taken in accordance with a flow class determined by he Minister, at a rate not exceeding that specified for the flow class on the access licence extraction component,

(c)  water may not be taken at rates greater than the maximum rates permitted by Part 10 Division 2 of this Plan, and

(d)  notwithstanding subclause (b), water may be taken without any restrictions in rate from an in-river dam while the dam is passing all inflows.

64 Domestic and stock access licences

All domestic and stock access licences shall have mandatory conditions to give effect to the following:

(a)  water may only be taken for the purposes of domestic consumption or stock watering as defined in section 52 of the Act,

(b)  water may only be taken in accordance with a flow class determined by he Minister, at a rate not exceeding that specified for the flow class on the access licence extraction component (if specified),

(c)  notwithstanding subclause (b), water may be taken without any restrictions in rate from an in-river dam while the dam is passing all inflows, and

(d)  the conditions in subclauses (b) and (c) are not to be imposed if the individual daily extraction limit of the licence specifies that water may only be taken from a runoff harvesting dam.

65 Runoff harvesting access licences

All runoff harvesting access licences shall have a mandatory condition imposed on them stating that water may be taken without restriction in rate, but only from the specified work.

66 Unregulated river (Aboriginal cultural) access licences

All unregulated river (Aboriginal cultural) access licences shall have mandatory conditions to give effect to the following:

(a)  water shall only be taken for Aboriginal personal, domestic and communal purposes including the purposes of drinking, food preparation, washing, manufacturing traditional artefacts, watering domestic gardens, hunting, fishing, gathering, and recreational, cultural and ceremonial purposes,

(b)  water may only be taken in accordance with a flow class determined by he Minister, at a rate not exceeding that specified for the flow class on the access licence extraction component (if specified), unless otherwise authorised by a registered group,

(c)  notwithstanding subclause (b), water may be taken without any restrictions in rate from an in-river dam while the dam is passing all inflows, and

(d)  the conditions in subclauses (b) and (c) are not to be imposed if the extraction component of the access licence specifies that water may only be taken from a runoff harvesting dam.

67 Mandatory conditions on water supply works approvals

All approvals for water supply works for this water source shall have mandatory conditions in relation to the following:

(a)  flow measurement devices:

(i)  shall be installed and maintained on all works used for extraction of water under an access licence, and

(ii)  shall be of a type and shall be maintained in a manner which is acceptable to the Minister,

(b)  water extraction and property water management infrastructure details shall be provided to the Minister on request,

(c)  it is the responsibility of the work approval holder to ascertain from the Minister the flow class at any time before commencing to take water under an access licence with an IDEL,

(d)  notwithstanding all other rights and conditions, extraction of water from a river by a water supply work which is authorised by a water management work approval is not permitted if there is no visible flow in the river below and in the vicinity of the work,

(e)  extraction under an access licence through an approved work is only authorised with respect to the work nominated by the access licence, and

(f)  approvals for in-river dams must include a condition requiring the passing of such flows as the Minister determines to be appropriate to achieve the objectives of this Plan.

Part 13 Granting and amending water supply works approvals

68 Granting and amending water supply works approvals

This Part is made in accordance with section 21 (b) of the Act.

69 Runoff harvesting dams

(1)  New or expanded runoff harvesting dams shall, in addition to other considerations, be subject to the dam capacity not exceeding that which is consistent with the access licence which is linked or proposed to be linked to the work in accordance with a condition made under clause 67 (f).

(2)  When the water allocations which may be taken from a runoff harvesting dam are reduced either by the Minister, or on application of the approval holder, or by an assignment in accordance with Part 11 of this Plan, the Minister may impose an additional condition requiring the dam to be modified so as to reduce its capacity, or requiring the water taken and evaporated from the dam to be reduced, consistent with the reduction in water allocations available.

Note—

Extraction of water from a runoff harvesting dam requires a runoff harvesting access licence, unless the runoff harvesting dam is within the maximum harvestable right dam capacity for the property on which it is located, in which case no licences or approvals are required. Runoff harvesting is a category of access licence to be established by regulation under section 57 (k) of the Act.

70 In-river dams

The Minister may consider applications for in-river dams within this water source.

Note—

Taking of water from an in-river dam requires an access licence unless it is taken in accordance with section 52 of the Act (domestic and stock rights). In either case, however, the dam requires a water management works approval unless exempted by regulation under the Act.

Part 14 Monitoring and reporting

71 Monitoring and reporting of performance indicators

The monitoring and reporting of the performance indicators specified in clause 13 shall be undertaken by the Minister.

Note—

Review and Audit of this Plan

In accordance with section 43 (2) of the Act, this Plan is to be reviewed, within the fifth year of its term, for the purpose of ascertaining whether its provisions remain adequate and appropriate for ensuring the effective implementation of the water management principles of the Act.

In accordance with section 44 of the Act, this Plan will be audited at intervals of no more than five years, for the purpose of ascertaining whether its provisions are being given effect to. This audit is to be carried out by an audit panel appointed by the Minister in consultation with a water management committee, where one exists.

Note—

Implementation Program

In accordance with section 51 of the Act, the Minister may establish an Implementation Program that sets out the means by which the provisions of this Plan are to be achieved.

It is proposed that the Minister establish an Implementation Program for this Plan. Pursuant to section 51 (5) of the Act, the implementation program is to be reviewed annually by the Minister to determine whether it is effective in implementing this Plan.

The results of the review of the Implementation Program will be included in the annual report for the Department of Land and Water Conservation.

Part 15 Amendment of this Plan

72 Amendment of this Plan

This Part is made in accordance with section 42 (2) of the Act.

73 Amendment of very low flow provisions

(1)  The Minister may, under section 42 (2) of the Act, and by notice published in the NSW Government Gazette, vary the very low flow levels established in clause 17 and consequently the bottom of A class established in clause 17, following field verification.

(2)  Any variation made under subclause (1) should not result in the very low flow level in:

(a)  Zone 1 being less than 1.2 or greater than 1.7 ML/day,

(b)  Zone 2 being less than 3.5 or greater than 4.6 ML/day,

(c)  Zone 3 being less than 4.2 or greater than 5.5 ML/day,

(d)  Zone 4 being less than 10 or greater than 14 ML/day, and

(e)  Zone 5 being less than 3.7 or greater than 4.8 ML/day.

(3)  The Minister should cause the field verification in subclause (1) to be undertaken as soon as practical, but before the review of this Plan under section 43 (2) of the Act.

(4)  The field verification should assess the degree to which the following objectives of the Water Quality and River Flow Interim Environmental Objectives (NSW Government 1999) are met:

(a)  Objective 1—to protect water levels in natural river pools and wetlands during periods of no flow, and

(b)  Objective 2—to protect natural low flows.

(5)  In undertaking the field verification the Minister should:

(a)  consult with the NSW Environment Protection Authority, NSW Fisheries, NSW Agriculture and the NSW National Parks and Wildlife Service, and

(b)  prepare a report documenting:

(i)  the methodology adopted,

(ii)  the hypotheses tested,

(iii)  the field results and conclusions in terms of the degree to which the objectives in subclause (4) are met,

(iv)  the flow level recommended to meet the objectives in subclause (4), and

(v)  the socio-economic impacts of recommended changes to the flow level.

74 Amendment of high flow conversion factors

(1)  The Minister may, under section 42 (2) of the Act, by notice published in the NSW Government Gazette, and following field verification of high flows, if appropriate, amend clause 55 to include conversion factors associated with the surrender of A class IDELs in return for the issue of C class IDELs between management zones 1, 2, 3 and 4, to apply from years 6 to 10 of this Plan.

(2)  The Minister should cause the field verification of high flows in subclause (1) to be undertaken at the same time as the review of this Plan under section 43 (2) of the Act.

(3)  The field verification in subclause (1) should assess the degree to which Objective 3 (to protect or restore a portion of freshes and high flows) of the Water Quality and River Flow Interim Environmental Objectives (NSW Government 1999) is met.

(4)  In undertaking the field verification the Minister should:

(a)  consult with the NSW Environment Protection Authority, NSW Fisheries, NSW Agriculture and the NSW National Parks and Wildlife Service, and

(b)  prepare a report documenting:

(i)  the methodology adopted,

(ii)  the field results and conclusions in terms of the degree to which the objective in subclause (3) is met during the first years of this Plan,

(iii)  whether or not unassigned C class TDEL in one management zone could be assigned to an access licence in another zone, following surrender of A class IDEL in that other zone,

(iv)  the proposed conversion factors for any recommendation under subclause 4 (b) (iii), and

(v)  an assessment of the degree to which any recommendation under subclause 4 (b) (iii) and 4 (b) (iv) will impact on the objective in subclause (3).

75 Review of field verification

(1)  The Minister should seek advice from a review body on the reports specified in clauses 73 (5) (b) or 74 (4) (b) before varying this Plan in accordance with clauses 73 (1) or 74 (1), if the reports recommend variation of the very low levels established in clause 17, or the conversion factors established in clause 55.

(2)  This review body may be:

(a)  a water management committee with water sharing responsibilities for this water source if one exists,

(b)  an expert advisory panel or advisory committee established for this purpose by the Minister on the recommendation of a water management committee referenced at subclause (a), or

(c)  if there is no water management committee with water sharing responsibilities for this water source, then by a catchment management board with responsibilities for this water source or an expert advisory panel or advisory committee established for this purpose by the Minister on the recommendation of a catchment management board.

(3)  The review body should provide advice to the Minister on the reports, and advise on any changes to the recommendations contained in the reports in relation to any variation of the very low flow levels, or conversion factors.

(4)  The review body should respond to the Minister as soon as practical after receiving the report, or within 3 months of that date at the latest.

76 Other amendment of this Plan

This Plan can be amended in accordance with clause 50 in respect adjustments to TDELs and IDELs.

Dictionary

The following definitions apply to this Plan in addition to the definitions set out in the Act:

account water is the balance in an access licence water allocation account at a particular time.

Note—

An access licence water allocation account records water allocations accrued under the licence as well as water allocations taken, assigned or re-credited. The operation of the account is also governed by rules for the carrying over of credits from one accounting period to the next and rules for the maximum credit that may be allowed to accumulate in the account as established in a water sharing plan. Water allocations are the shares of available water accrued under an access licence from time to time as a result of available water determinations.

Cap is the long-term average volume of water that would have been diverted under the development and management conditions defined in Schedule F of the Murray Darling Basin Agreement.

conversion factor refers to the adjustment factor that is to be applied to share components when they are cancelled or reissued in a different water source and visa versa, or when the licence category is changed. It is designed to provide for the fact that the value of a unit of share component in terms of the average water allocations that result from it may vary from one water source to another, or from one category of licence to another.

endangered ecological communities means ecological communities listed in Schedule 1 of the Threatened Species Conservation Act 1995 or Schedule 4 of the Fisheries Management Act 1994.

extraction limit is a limit on the amount of water that may be extracted from an extraction management unit.

extraction management unit is a group of water sources for the purpose of managing annual average extraction.

farm dam is a privately owned dam typically of earthen construction designed to collect and/or store water for use on one or a few properties. It does not include publicly owned dams or weirs. See also in-river dam and runoff harvesting dam.

flow classes are categorised by the size and duration of flow levels in unregulated rivers, for example:

(a)  very low flows may be a class on their own,

(b)  low flows may be categorised as ‘A’ class,

(c)  moderate flows may be categorised as ‘B’ class,

(d)  high flows may be categorised as ‘C’ class,

(e)  very high flows may be categorised as ‘D’ class, and

(f)  extremely high flows may be categorised as ‘E’ class.

flow gauging station is a device that is used to measure the height of a river, from which the flow in the river can be calculated.

individual daily extraction limit (IDEL) is the volume of water that may be extracted by an individual access licence from an unregulated river on a daily basis from a particular flow class.

infrastructure includes, but is not limited to, a:

(a)  flow gauging device or any other appliance that is used to measure the height of a river relative to a known datum point, from which the flow in the river can be calculated, or

(b)  flow announcement system which is the mechanism by which the Minister communicates daily flow classes to the holders of an access licence within this water source.

in-river dam is a dam on a 3rd, 4th or higher order river. 3rd, 4th or higher order rivers are as defined in the order made under section 5 of the Water Act 1912 in relation to the definition of a “river” gazetted 23 March 2001. See also farm dam and runoff harvesting dam.

management zone is an area within the water source to which total daily extraction limits are defined. Management zones are designated only where the water source to which the plan applies is divided into areas and total daily extraction limits are defined for each area.

runoff harvesting dam is a farm dam on a hillside or 1st or 2nd order stream which collects and stores rainfall runoff. 1st and 2nd order streams are as defined in the order made under section 5 of the Water Act 1912 in relation to the definition of a river gazetted 23 March 2001. See also farm dam and in-river dam.

Note—

This order refers to watercourses shown as blue lines on topographic maps. The lines which are uppermost in a catchment are 1st order streams, when two 1st order streams are joined they make a 2nd order stream, etc. For more information see the Farm Dams Assessment Guide available from the Department of Land and Water Conservation.

total daily extraction limit (TDEL) is the volume of water that may be extracted under access licences from an unregulated river on a daily basis from a particular flow class.

Schedule 2 Mandagery Creek Water Source

Schedule 3 Rivers in the Mandagery Creek Water Source

This water source excludes any river that is declared by the Minister, by Order published in the NSW Government Gazette, to be a regulated river.

This water source includes, but is not limited to:

Back Creek	Black Flat Creek
Bocobra Creek	Bocomble Creek
Boree Creek	Bourimbla Creek
Cheeseman Creek	Coates Creek
Dirt Hole Creek	Eulimore Creek
Fern Creek	Galwary Creek
Flash Jacks Creek	Greentrees Creek
Gillgilbury Creek	Jacks Creek
Gumble Creek	Mackays Creek
Killanbutta Creek	Mandagery Creek
Mackeys Creek	Mousehole Creek
Manildra Creek	Puzzle Flat Creek
Paling Yard Creek	Sandy Creek
Reedy Creek	St Germaines Creek
Spring Creek	Terrarra Creek
Warree Creek	Walkers Creek
Wattle Creek	Waterhole Creek

Schedule 4 Contribution to relevant targets in the December 2002 State Water Management Outcomes Plan

Levels of assessed contribution:

FULL—contributes to target in full

HIGH—while not fully contributing to target, there is a good level of contribution

PARTIAL—goes some way to contributing to the target

LOW—only small degree of contribution to the target

Relevant Target	Level of Contribution	Comments
Target 1b Extractions in Murray-Darling Basin’s unregulated rivers limited to the MDBMC Cap level	FULL	•  Clause 35 (a) provides for the long-term average extraction limit for this water source.
Target 1f Rules for adjustments to future available water determinations in the event that the extraction limits are exceeded, clearly prescribed in consultation with the relevant management committee, and acted upon	FULL	•  Clause 37 provides for the Minister making available water determinations where the long-term average extraction limit is exceeded.
Target 2 All management plans incorporating mechanisms to protect and restore aquatic habitats, and the diversity and abundance of native animals and plants, with particular reference to threatened species, populations and communities and key threatening processes	PARTIAL	•  This Plan has put in place TDELs in Zones 1–4 protecting from 40–70% of A class flows and 46–62% of B class flows and 59% to 84% of C class flows. •  TDELs have not been established for Zones 5 and 6. •  At least 2 listed threatened fish species are likely to occur in Mandagery (silver perch, Macquarie perch) but no recovery plans are in place. Therefore there are no specific provisions in this Plan. •  This Plan provides for prohibition of trading of IDELs between zones and into all zones.
Target 4a Wherever the frequency of “end of system” daily flows would be less than 60 percent of the predevelopment level without environmental water rules or extraction limits, the flows increased to 60 percent of predevelopment levels or increased by at least 10 percent of the predevelopment frequency	PARTIAL	•  Zone 1: 70% of A class protected, 62% of B class protected, 84% of C class protected. •  Zone 2: 50% of A class protected, 63% of B class protected 74% of C class protected. •  Zone 3: 40% of A class protected, 70% protected 59% of C class protected. •  Zone 4: 40% of A class protected, 56% of B class protected 61% of C class protected. •  Zone 5: cease to pump provisions only. •  Zone 6: visible flow cease to pump provisions only. •  Provision is required for protecting high flows of all zones.
Target 4b Frequency of “end of system” daily very low flows (as defined by local field investigation) protected or restored to predevelopment levels to maintain or restore their critical ecological functions, drought refuges and habitat connectivity. In the absence of such local assessments, protection extended up to at least the predevelopment 95th percentile	PARTIAL	•  Very low flows (all days), 57th percentile Zone 1, 85th percentile Zone 2, 53rd percentile Zone 3, 73rd percentile Zone 4 are protected from licensed extraction. •  Very low flows need defining for Zones 6 to provide for the protection of environmental health water. •  Current CtP for Zones 5 & 6 may not provide for the protection of environmental health water. This Plan provides for a review and amendment of the CtP. •  This Plan provides for field verification and adjustment of CtP for each Management Zone.
Target 5 Access rights for water access licensees clearly and legally specified in terms of share and extraction components	FULL	•  This Plan recognises share components and establishes total daily extraction limits for distribution to individual licences •  It also enables trading of share components, allocations and individual daily extraction limits.
Target 6b A pathway for reducing the share components to 200 percent of the long term average annual extraction limit to be established not later than the end of the term of the SWMOP	FULL	•  Total Lachlan unregulated river entitlements should not exceed 200% of extraction limit for the Lachlan Unregulated Extraction Management Unit.
Target 7 Mechanisms in place to enable Aboriginal communities to gain an increased share of the benefits of the water economy	HIGH	•  The Government has established other mechanisms to address this target. •  This Plan provides for issuing of unregulated river access licences for Aboriginal cultural purposes and for adjusting the assigned TDEL to provide an IDEL where such licences are issued. •  This Plan provides water market opportunities within this water source.
Target 8 Daily extraction components specified and tradeable, subject to metering, reporting and compliance, for at least 50 percent of unregulated river access licences and for 80 percent of stressed unregulated rivers	FULL	•  This Plan establishes bulk daily extraction across most of the water source, except zones 5 and 6.
Target 12 Measures in place in all water sources subject to a gazetted water sharing plan to protect domestic and stock rights from the impact of other water access and use	PARTIAL	•  Domestic and stock basic rights are estimated at 6.3 ML/day. Estimates have been provided for each Management Zone. •  Very low flows meet environment and basic right requirements in Zones 1, 2, 4 and 5 yet would need to be increased in Zone 6 to meet these requirements. A high percentage of flows are protected in A class in Zones 1, 2, 3, & 4 to meet basic rights and environment needs. •  The zero visible flow CtP mandatory condition for zone 6 may not provide for basic landholder rights. This Plan provides for a review of the CtP at year 5.
Target 13 The knowledge sharing, training and resources necessary to ensure that Aboriginal people have the capacity to be effectively involved in water management identified and addressed	PARTIAL	•  DLWC consulted with the local Aboriginal community about this Plan. •  This Plan provides for issuing of unregulated river access licences for Aboriginal cultural purposes and for adjusting the assigned TDEL to provide an IDEL where such licences are issued.
Target 14 Water sources, ecosystems and sites of cultural or traditional importance to Aboriginal people identified, plans of management prepared, and measures put in place to protect and improve them	PARTIAL	•  Aboriginal cultural or traditional values or requirements have not been identified. •  This Plan does provide a level of environmental protection, which should assist in protecting Aboriginal, values however the further erosion of moderate to high flows on areas of Aboriginal value is not known.
Target 16a All share components of access licences tradeable	FULL	•  This Plan provides for trading of annual and daily rights (Part 11).
Target 16c Conversion factors and protocols established to facilitate trading and dealings between water sources, whilst also protecting existing access and environmental water	FULL	•  This Plan provides for the rates to be determined by the Minister.
Target 16d Reduced conversion factors only applied when necessary to offset increased losses associated with water supply delivery	FULL	•  This Plan does not impose reduction factors.
Target 16e Any unassigned access rights identified and clear mechanisms established for their future assignment	FULL	•  This Plan provides for assigning of unassigned TDELs.
Target 16f Zones established where necessary for environmental protection and limits/constraints on water dealings in them made explicit	FULL	•  Management zones have been established as water trading zones and trading of daily rights between Zones are generally prohibited.
Target 35 All management plans incorporating water quality objectives that have considered Government approved Interim Environmental Objectives, the current Australian and New Zealand Environment and Conservation Council Guidelines and the recommendations of relevant Healthy Rivers Commission Inquiries	PARTIAL	•  This Plan includes a water quality objective.

Schedule 5 Lachlan Unregulated Extraction Management Unit

Appendix 1 Lachlan Water Management Area

Appendix 2 Location of maps

The maps in relation to this Plan may be inspected at:

District Office
Department of Land and Water Conservation
30 Lynch Street
COWRA NSW 2794

District Office
Department of Land and Water Conservation
9 Spring Street
FORBES NSW 2871

Regional Office
Department of Land and Water Conservation
Cnr Anson & Kite Streets
ORANGE NSW 2800

Appendix 3 Performance indicators

Performance indicators for the Mandagery Creek Water Sharing Plan
Performance indicator	Related objective	As measured by	Commentary
(a)  Change in low flows.	11 (a) 11 (b) 11 (c) 11 (e) 11 (f) 11 (g) 11 (p)	•  Assessment of change in flow duration characteristics at identified reference points.	•  River Flow Objectives (RFOs) 1, 2 and 6. RFOs are the objectives agreed to by the NSW Government aimed at safeguarding river flows for environmental health. Note— Not every objective is relevant to every river in NSW. •  Plan will contribute to a decrease in the frequency and duration of low flows. •  This assessment will focus on the plan’s end of system reference point(s), and will be based on a qualitative assessment of compliance with the water sharing rules, due to the current modelling limitations in most unregulated rivers.
(b)  Change in moderate to high flows.	11 (a) 11 (d) 11 (e) 11 (f) 11 (g) 11 (h) 11 (p)	•  Assessment of change in flow duration characteristics at identified reference points.	•  RFO 3. •  Plan will maintain or increase the frequency and duration of moderate to high flows. •  This assessment will focus on the plan’s end of system reference point(s), and will be based on a qualitative assessment of compliance with the water sharing rules, due to the current modelling limitations in most unregulated rivers.
(c)  Change in local water utilities access	11 (k) 11 (m)	•  Change in safe yield (safe yield is the annual demand that can be supplied from the water supply headworks and is based on the period of records used and an acceptable level of restriction).	•  Water sharing plans for unregulated water sources have the potential to impact on urban water supplies.
(d)  Change in ecological condition of this water source and dependent ecosystems.	11 (a) 11 (b) 11 (c) 11 (d) 11 (e) 11 (f) 11 (g) 11 (h) 11 (p)	•  Periodic assessment of identified indicators for ecological condition. •  Key ecological characteristics of flow dependent features identified within this water source.	•  Water sharing plans are limited to providing for changes in flow regime aimed at improving the conditions for the ecological condition of the river. •  There are many other factors that contribute to ecological objectives. •  The focus of this performance indicator will be the effect of flow strategies. Therefore assessment of ecological condition should be based largely on hydrologic parameters (such as wetted area, depth in pools and velocity). This attempts to exclude external, non-water sharing plan related factors (such as climate and catchment landuse changes).
(e)  Extent to which basic landholder rights requirements have been met.	11 (j)	•  Assessment of cease to pump levels in relation to basic rights requirements.	•  Basic landholder rights usage figures in water sharing plans are estimated (not actual use).
(f)  Change in economic benefits derived from water extraction and use.	11 (h) 11 (k) 11 (m) 11 (n)	•  Number of days access provided. •  Percentage change in number and volume of farm dams. •  Change in unit price of water transferred.	•  There are many factors affecting economic status of a region, for example commodity prices. •  Extent to which extraction rights have been realised. •  Measurement of the number of farm dams will attempt to identify the impact of the plan provisions.
(g)  Extent to which native title rights requirements have been met.	11 (j) 11 (o)	•  Assessment of cease to pump levels in relation to basic rights requirements.	•  The collection of information on the values associated with water is considered the first step in addressing the objects of the Act. It would be expected that at the end of five years there should be relevant information collected for each water source, as a minimum requirement.
(h)  Extent of recognition of spiritual, social and customary values of water to Aboriginal people.	11 (o) 11 (k) 11 (i)	•  Assessment of amount and type of information collected to identify the range of values of water to Aboriginal people.	•  The collection of information on the values associated with water is considered the first step in addressing the objects of the Act. It would be expected that at the end of five years there should be relevant information collected for each water source, as a minimum requirement.
(i)  Contribution to the achievement of water quality to support the environmental values of this water source.	11 (q)	•  Change in the baseline figures of identified water quality variables.	•  Many factors may affect water quality that are not related directly to flow management.

Appendix 4 Minister’s access licence dealing principles

Access Licence Dealing Principles Order 2002

Part 1 Introduction

1 Name of Order

This Order is the Access Licence Dealing Principles Order 2002.

2 Commencement

This Order commences on 20 December 2002.

3 Establishment of access licence dealing principles

The access licence dealing principles set out in this order are established.

4 Interpretation

(1)  References in this order to licences of category ‘runoff harvesting’ or ‘regulated river (conveyance)’ are subject to those categories being prescribed by regulation made under section 57 (k) of the Act.

(2)  Notes in this order do not form part of the order.

5 Effect

(1)  Consistent with section 71K (1) of the Act, all applications for access licence dealings under Division 4 of Part 2 of Chapter 3 of the Act are to be dealt with in accordance with:

(a)  the water management principles, and

(b)  the principles in this order, and

(c)  access licence dealing rules established by any relevant management plan.

(2)  Consistent with section 71L of the Act, any access licence dealing rules established by management plans must be consistent with the principles in this order.

6 Definitions

In this order the following definitions apply:

dealing means a dealing under Chapter 3, Part 2 Division 4 of the Water Management Act 2000.

farm dam is a privately owned dam typically of earthen construction designed to collect and/or store water for use on one or a few properties. It does not include publicly owned dams or weirs.

groundwater source means a water source specified in a groundwater management plan.

hydrologically connected water sources are water sources where water from one flows into the other, or, in the case of river systems, where flow from both goes into a common river downstream.

management plan means a plan made under section 41 or 50 of the Water Management Act 2000.

regulated river water source means a water source specified in a regulated river management plan.

runoff harvesting dam is a farm dam on a hillside or minor stream which collects and stores rainfall runoff. Minor streams are as defined in an order made under section 53 of the Water Management Act 2000.

unregulated river water source means a water source specified in an unregulated river management plan.

Part 2 General principles

7 Impacts on water sources

(1)  Dealings should not adversely affect environmental water and water dependent ecosystems as identified in any relevant management plan.

(2)  Dealings should be consistent with any strategies to maintain or enhance water quality identified in any relevant management plan.

(3)  In unregulated river water sources, dealings should not increase commitments to take water from water sources or parts of water sources identified in any relevant management plan as being of high conservation value.

(4)  In unregulated river water sources or a groundwater sources, dealings should not increase commitments to take water from water sources or parts of water sources above sustainable levels identified in any relevant management plan.

(5)  In regulated river water sources, dealings should not increase daily demand for water delivery at those locations and times where it is identified in any relevant management plan that demand exceeds delivery capacity.

(6)  In regulated river water sources, dealings should not increase commitments to take water in lower river or effluent systems where this will result in flow at greater than 80% of channel capacity for more than 10% of days used for water delivery.

(7)  In this clause, commitments to take water refers, in relation to all access licences with nominated works in that water source or part of a water source, to:

(a)  the total volume of share components, or

(b)  the total volume of water allocations in water allocation accounts, or

(c)  where relevant, the sum of limits on rates of extraction in extraction components.

8 Impacts on indigenous, cultural, heritage or spiritual matters

(1)  Dealings should not adversely affect geographical and other features of indigenous significance.

(2)  Dealings should not adversely affect geographical and other features of major cultural, heritage or spiritual significance.

9 Impacts on water users

(1)  Dealings should not adversely affect the ability of a person to exercise their basic landholder rights.

(2)  Dealings should have no more than minimal effect on the ability of a person to take water using an existing approved water supply work and any associated access licences. This should be addressed by constraints on dealings established in access licence dealing rules in relevant management plans.

10 Maximising social and economic benefits

(1)  The objective of access licence dealings is to help to facilitate maximising social and economic benefits to the community of access licences as required under the objects of the Act. Dealings do this by:

(a)  allowing water to move from lower to higher value uses, and

(b)  allowing the establishment of water markets that value the access licences, thereby encouraging investment in water efficient infrastructure, and

(c)  allowing greater flexibility to access licence holders.

(2)  Subject to other principles in this order, access licence dealing rules should allow maximum flexibility in dealings to promote the objectives set out in subclause (1).

Part 3 Principles for specific types of access licence dealings

11 Transfer of access licences

(1)  This clause applies to dealings under section 71A of the Act.

(2)  Dealings under section 71A are prohibited:

(a)  if there is an outstanding debt under the Act in respect of the licence, or

(b)  if the licence is suspended under section 78 of the Act.

(3)  Access licence dealing rules established by a management plan shall not regulate or prohibit dealings under section 71A of the Act.

Note—

as indicated in section 71A (3), consent to the transfer of a local water utility access licence may only be granted if the transferee is a local water utility, and consent to the transfer of a major water utility access licence may only be granted if the transferee is a major water utility.

12 Conversion of access licence to new category

(1)  This clause applies to access licence dealings under section 71B of the Act.

(2)  Dealings under section 71B are prohibited:

(a)  if the licence is proposed to be converted to category regulated river (conveyance) or category estuarine or category coastal, or

(b)  if there is an outstanding debt under the Act in respect of the licence, or

(c)  if the licence is suspended under section 78 of the Act, or

(d)  if the licence is of a kind which is not subject to embargo in accordance with an order made under sections 80 or 81 of the Act, or

(e)  if the licence share component is not numerically quantified.

(3)  Dealings under section 71B are prohibited unless provisions of the relevant management plan:

(a)  protect environmental water from being affected by such dealings, and

(b)  protect basic landholder rights from being affected by such dealings, and

(c)  protect the available water under other access licences from being affected by such dealings.

(4)  The share and extraction components of a new licence issued under a dealing under section 71B must comply with any requirements that are specified in the relevant management plan for a licence granted under section 63 of the Act for the new category.

(5)  Except for where it is otherwise specified in access licence dealing rules in the relevant management plan or where this dealing is accompanied by a dealing under section 71E, water allocations remaining in the water allocation account of the cancelled licence are to be credited to the new licence, up to a maximum of the share component volume of the new licence.

(6)  The share component on a new access licence issued under a dealing under section 71B is to be of a volume equal to the volume on the cancelled licence multiplied by a conversion factor determined by the Minister in accordance with any rules set out in relevant management plans.

(7)  Conversion factor rules in management plans:

(a)  must be based on protecting environmental water and basic landholder rights as specified in the management plans, and maintaining available water to other access licences, and

(b)  are not to be set for the purpose of achieving a reduction in overall water extraction from water sources.

(8)  Subject to the granting of an application under section 71J, any nominated water supply works on the cancelled licence may be carried forward to the new licence.

(9)  For conversion of category from regulated river (high security), unregulated river or aquifer to major utility and vice versa:

(a)  a major utility licence may only be converted to another category if it has components relating to only one water source, and

(b)  subject to imposing such mandatory conditions as are required by the relevant management plan for the new category, the extraction component on the cancelled licence is to be carried over to the new licence.

(10)  For conversion of category from regulated river (general security) to regulated river (high security) and vice versa, and for conversion of category from domestic and stock to regulated river (high security) and vice versa, the extraction component on the cancelled licence is to be carried over to the new licence, subject to imposing such mandatory conditions as are required by the relevant management plan for the new category.

(11)  For conversion of category from regulated river (conveyance) to regulated river (high security) or regulated river (general security), the extraction component on the cancelled licence is to be carried over to the new licence, subject to imposing such mandatory conditions as are required by the relevant management plan for the new category.

(12)  For conversion of category from regulated river (general security) to unregulated river:

(a)  no parts of the extraction component on the cancelled licence are to be carried over to the new licence, and

(b)  the extraction component of the new licence is to specify a location or area which is on an unregulated river (apart from a minor stream as defined in an order made under section 53 of the Act), and

(c)  the application for conversion of category from regulated river (general security) to unregulated river must be accompanied by an application under section 71E to change the share component to an unregulated river water source, and is conditional on granting of that application, and

(d)  water allocations remaining in the water allocation account on the cancelled licence may not be credited to the new licence.

(13)  For conversion of category from unregulated river to runoff harvesting:

(a)  no parts of the extraction component on the cancelled licence are to be carried over to the new licence, and

(b)  the extraction component of the new licence is to specify a location or area which is not on a river (apart from a minor stream as defined in an order made under section 53 of the Act), and

(c)  the application for conversion of category from unregulated river to runoff harvesting access licence must be accompanied by an application under section 71J to nominate the water supply work to a runoff harvesting dam, and is conditional on granting of that application.

(14)  For conversion of category from runoff harvesting to unregulated river:

(a)  no parts of the extraction component on the cancelled licence are to be carried over to the new licence, and

(b)  the extraction component of the new licence is to specify a location or area which is on an unregulated river (apart from a minor stream as defined in an order made under section 53 of the Act).

(15)  Subject to the other parts of this clause, access licence dealing rules may prohibit or regulate these dealings provided this is done consistent with the principles in Part 2 of this order.

Note—

Under section 71B applications to convert local water utility access licences and supplementary access licences are prohibited, and licences granted are subject to the mandatory conditions applicable to the category or subcategory of licence to which it belongs. Also licences may only be granted in relation to the same water source or water management area as the cancelled licence.

13 Subdivision of access licences

(1)  This clause applies to subdivision dealings under section 71C of the Act.

(2)  Dealings under section 71C are prohibited:

(a)  if there is an outstanding debt under the Act in respect of the licence, or

(b)  if the licence is suspended under section 78 of the Act.

(3)  Subject to the granting of an application under section 71J, any nominated water supply works on the cancelled licence may be carried forward to the new licences.

(4)  The category of the new licences is to be the same as the category of the cancelled licence.

(5)  The areas or locations specified in the cancelled licence are to be carried over to all the new licences.

(6)  Any indivisible parts of the times, rates or circumstances specified in the extraction component of the cancelled licence are to be carried forward to all the new licences.

(7)  Water allocations remaining in the water allocation account of the cancelled licence are to be credited to the new licences so that the combined water allocations in the accounts of the new licences are no greater than the water allocations which remained in the account of the cancelled licence.

(8)  Access licence dealing rules established by a management plan shall not regulate or prohibit subdivision dealings under section 71C of the Act.

Note—

As indicated in section 71C (3), the combined share components and combined extraction components of the new licences are to be no greater than the share and extraction components of the cancelled licence, and conditions on the cancelled licence are to be carried over to the new licences.

14 Consolidation of access licences

(1)  This clause applies to consolidation dealings under section 71C of the Act.

(2)  Consolidation dealings under section 71C are prohibited:

(a)  if there is an outstanding debt under the Act in respect of any of the licences, or

(b)  if any of the licences are suspended under section 78 of the Act, or

(c)  if the licences to be consolidated do not have share components in the same water source, or

(d)  if the location or area specified in the extraction component of the licences is not the same.

(3)  Subject to the granting of an application under section 71J, any nominated water supply works on the cancelled licences may be carried forward to the new licence.

(4)  Water allocations remaining in the water allocation accounts on the cancelled licences are to be credited to the new licence so that the water allocations in the account of the new licence is no greater than the sum of the water allocations remaining in the accounts of the cancelled licences.

(5)  Access licence dealing rules established by a management plan shall not regulate or prohibit consolidation dealings under section 71C of the Act.

Note—

as indicated in section 71C, the licences to be consolidated must be of the same category or subcategory, the combined share components and combined extraction components of the new licences are to be no greater than the share and extraction components of the cancelled licence, and conditions on the cancelled licences are to be carried over to the new licences.

15 Assignment of rights under access licences

(1)  This clause applies to assignment of rights dealings under section 71D of the Act.

(2)  Dealings under section 71D are prohibited:

(a)  if there is an outstanding debt under the Act in respect of any of the licences, or

(b)  if any of the licences are suspended under section 78 of the Act, or

(c)  if any of the licences are of a kind which is not subject to embargo in accordance with an order made under sections 80 or 81 of the Act.

(3)  Only share or extraction components, or parts thereof, that are numerically quantified may be assigned from one licence to another.

(4)  Subject to the other parts of this clause, access licence dealing rules may prohibit or regulate these dealings provided this is done consistent with the principles in Part 2 of this order.

Note—

As indicated in section 71D, the licences which are involved in a dealing under section 71D must be of the same category and have share components in the same water source or water management area. This dealing does not apply to local water utility access licences.

16 Change of water source

(1)  This clause applies to amendment of share component dealings under section 71E of the Act.

(2)  Dealings under section 71E are prohibited:

(a)  if there is an outstanding debt under the Act in respect of the licence, or

(b)  if the licence is suspended under section 78 of the Act, or

(c)  if the licence does not have the share component expressed as a volume, or

(d)  if the licence is of a kind which is not subject to embargo in accordance with an order made under sections 80 or 81 of the Act, or

(e)  from an unregulated river water source to a regulated river water source, or

(f)  from a groundwater source to a regulated river or unregulated river water source, or vice versa, or

(g)  if the licence is of category major water utility or supplementary.

(3)  A dealing under section 71E is prohibited unless there is a hydrologic connection between the water sources of the cancelled and issued licences.

(4)  A dealing under section 71E is prohibited unless provisions of the relevant management plans:

(a)  protect environmental water from being affected by such dealings, and

(b)  protect basic landholder rights from being affected by such dealings, and

(c)  protect the available water under other access licences from being affected by such dealings.

(5)  The share and extraction components of a new licence issued under this dealing must comply with any requirements that are specified in the relevant management plan for a licence granted under section 63 of the Act.

(6)  The share component on the new access licence is to be of a volume equal to the volume on the cancelled licence multiplied by a conversion factor determined by the Minister in accordance with any rules set out in relevant management plans.

(7)  Conversion factors rules in management plans:

(a)  must be based on protecting environmental water and basic landholder rights as specified in the management plans, and maintaining the available water to other access licences, and

(b)  are not to be set for the purpose of achieving a reduction in overall water extraction from water sources.

(8)  Nominated water supply works on the cancelled licence are not to be carried over to the new licence.

(9)  No water allocations remaining in the water allocation account of the cancelled licence may be credited to the new licence.

(10)  Subject to the other parts of this clause, access licence dealing rules may prohibit or regulate these dealings provided this is done consistent with the principles in Part 2 of this order.

Note—

As indicated in section 71E, the new licence arising from a dealing under section 71E is subject to the mandatory conditions relevant to its category or subcategory and water source. This dealing does not apply to local water utility access licences.

17 Amendment of extraction component of access licence

(1)  This clause applies to amendment of extraction component dealings under section 71F of the Act.

(2)  Dealings under section 71F are prohibited:

(a)  if there is an outstanding debt under the Act in respect of the licence,

(b)  if the licence is suspended under section 78 of the Act, or

(c)  if the licence is of a kind which is not subject to embargo in accordance with an order made under sections 80 or 81 of the Act, apart from local water utility access licences.

(3)  Amendment of the times, rates and circumstances part of the extraction component may only occur where:

(a)  access licence dealing rules in the relevant plan make provision for it consistent with the principles in Part 2 of this order, and

(b)  those rules specifically indicate the nature of those amendments which are allowed.

(4)  Subject to the other parts of this clause, access licence dealing rules may prohibit or regulate these dealings provided this is done consistent with the principles in Part 2 of this order.

Note—

As indicated in section 71F, the area or location arising from a variation of an access licence under this dealing must relate to the same water management area or water source as that to which the original area or location related.

18 Assignment of water allocations between access licences

(1)  This clause applies to assignment of water allocation dealings under section 71G of the Act.

(2)  Dealings under section 71G are prohibited:

(a)  if either of the access licences is suspended under section 78 of the Act, or

(b)  if either of the access licences are of a kind which is not subject to embargo in accordance with an order made under sections 80 or 81 of the Act, apart from local water utility access licences, or

(c)  if a method of measurement of water extraction which is satisfactory to the Minister is not established for all nominated water supply works on both access licences, or

(d)  if any of the access licences is of category runoff harvesting, or

(e)  if any of the access licences is of category major utility, unless specific provision is made in access licence dealing rules to allow this, or

(f)  from a supplementary water access licence to a licence of any other category.

(3)  Assignment of water allocations between access licences relating to different water sources is prohibited if:

(a)  either licence is of category supplementary, or

(b)  there is no hydrologic connection between the water sources, or

(c)  one water source is a regulated river and the other is an unregulated river, or

(d)  one water source is a groundwater source and the other is a regulated river or unregulated river water source.

(4)  Assignment of water allocations between access licences relating to different water sources is prohibited unless provisions of the relevant management plans:

(a)  protect environmental water from being affected by such dealings, and

(b)  protect basic landholder rights from being affected by such dealings, and

(c)  protect the available water under other access licences from being affected by such dealings.

(5)  Assignment of water allocations from a local water utility access licence is prohibited unless:

(a)  the Minister has approved a demand management plan for all NSW towns supplied under the local water utility access licence, and

(b)  the Minister has approved a drought management plan for all NSW towns supplied under the local water utility access licence, and

(c)  the Minister is satisfied the assignment will not put the water supply for NSW towns supplied by the local water utility at risk.

(6)  Subject to the other parts of this clause, access licence dealing rules may prohibit or regulate these dealings provided this is done consistent with the principles in Part 2 of this order.

19 Interstate transfer dealings

(1)  This clause applies to dealings under section 71H of the Act.

(2)  Any dealings under section 71H must be consistent with the relevant inter-state agreement.

(3)  Dealings under section 71H are prohibited unless the waters for which the interstate access licence equivalent has or will have rights to are hydrologically connected to the water source in which to which the access licence to be issued or revoked relates.

(4)  Dealings under section 71H which revoke an access licence are prohibited:

(a)  if there is an outstanding debt under the Act in respect of the licence, or

(b)  if the licence is suspended under section 78 of the Act, or

(c)  if the licence is of a kind which is not subject to embargo in accordance with an order made under sections 80 or 81 of the Act, or

(d)  if the licence is of category local water utility or major water utility.

(5)  The share and extraction components of a new licence issued under this dealing must comply with any requirements that are specified in the relevant management plan for a licence granted under section 63 of the Act.

(6)  Dealings under section 71H are prohibited unless arrangements are in place which:

(a)  protect environmental water from being affected by such dealings, and

(b)  protect basic landholder rights from being affected by such dealings, and

(c)  protect the available water under other access licences from being affected by such dealings.

(7)  Subject to the other parts of this clause, access licence dealing rules may prohibit or regulate these dealings provided this is done consistent with the principles in Part 2 of this order.

20 Interstate assignment of water allocations

(1)  This clause applies to interstate assignment of water allocation dealings under section 71I of the Act.

(2)  Any dealings under section 71I must be consistent with the relevant inter-state agreement.

(3)  Dealings under section 71I are prohibited:

(a)  if the access licence is suspended under section 78 of the Act, or

(b)  if the licence is of a kind which is not subject to embargo in accordance with an order made under sections 80 or 81 of the Act, apart from local water utility access licences, or

(c)  if a method of measurement of water extraction which is satisfactory to the Minister is not established for all nominated water supply works on the access licence, or

(d)  if the access licence is of category runoff harvesting or supplementary water, or

(e)  if the access licence is of category major utility, unless specific provision is made in access licence dealing rules in the relevant management plan to allow this.

(4)  This dealing is prohibited unless arrangements are in place which:

(a)  protect environmental water from being affected by the dealing, and

(b)  protect basic landholder rights from being affected by the dealing, and

(c)  protect the available water under other access licences from being affected by the dealing.

(5)  Interstate assignment of water allocations from a local water utility access licence is prohibited unless:

(a)  the Minister has approved a demand management plan for all NSW towns supplied under the local water utility access licence, and

(b)  the Minister has approved a drought management plan for all NSW towns supplied under the local water utility access licence, and

(c)  the Minister is satisfied the assignment will not put the water supply for NSW towns supplied by the local water utility at risk.

(6)  Subject to the other parts of this clause, access licence dealing rules may prohibit or regulate these dealings provided this is done consistent with the principles in Part 2 of this order.

21 Nomination of water supply works

(1)  This clause applies to nomination of water supply works dealings under section 71J of the Act.

(2)  Dealings under section 71J are prohibited if the access licence is suspended under section 78 of the Act.

(3)  Dealings under section 71J are prohibited if the access licence is of a kind which is not subject to embargo in accordance with an order made under sections 80 or 81 of the Act, apart from local water utility access licences, with the following exceptions:

(a)  if new or additional works are to be nominated, where those works supply the same property as the current nominated works, or a contiguous property to the property supplied by the current nominated works which is occupied by the same landholder, or

(b)  if a nominated work is withdrawn, that there remains at least one nominated work.

(4)  Dealings under section 71J are prohibited if the access licence is of category local water utility, with the following exceptions:

(a)  if new or additional works are to be nominated, that those works supply the same town water supply scheme as the current nominated works, or

(b)  if a nominated work is withdrawn, that there remains at least one nominated work.

(5)  Nomination of a water supply work is prohibited if the access licence does not have an extraction component allowing taking of water at the location of the nominated work.

(6)  With regard to runoff harvesting access licences:

(a)  the nominated work must be a runoff harvesting dam of capacity consistent with the share component of the access licence, and

(b)  withdrawal of nominated work may only be granted where arrangements are in place to ensure that the nominated work does not conserve any more water than is permitted pursuant to the exercise of basic landholder rights.

(7)  Withdrawal of nomination may not be prohibited by access licence dealing rules, except for as otherwise specified in this clause.

(8)  Subject to the other parts of this clause, access licence dealing rules may prohibit or regulate these dealings provided this is done consistent with the principles in Part 2 of this order.