Water Sharing Plan for the Hunter Unregulated and Alluvial Water Sources 2009

Part 1 Introduction

1 Name of this Plan

This Plan is the Water Sharing Plan for the Hunter Unregulated and Alluvial Water Sources 2009 (hereafter this Plan).

2 Nature and Status of this Plan

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

(2)  This Plan is a plan for water sharing and generally deals with the matters set out in sections 20 and 21 of the Act.

3 Date of commencement

This Plan commences on 1 August 2009.

Notes—

1 In accordance with section 43 of the Act, this Plan will have effect for 10 years from 1 July 2010.

2 The Minister may extend this Plan for a further period of 10 years after the Plan is due to expire, in accordance with section 43A of the Act.

cl 3: Am 2016 (388), Sch 1 [1].

4 Water sources to which this Plan applies

(1)  The water sources in respect of which this Plan applies are:

(a)  the Munmurra River Water Source,

(b)  the Krui River Water Source,

(c)  the Bow River Water Source,

(d)  the Merriwa River Water Source,

(e)  the Halls Creek Water Source,

(f)  the Baerami Creek Water Source,

(g)  the Widden Brook Water Source,

(h)  the Bylong River Water Source,

(i)  the Wollar Creek Water Source,

(j)  the Upper Goulburn River Water Source,

(k)  the Lower Goulburn River Water Source,

(l)  the Dart Brook Water Source,

(m)  the Pages River Water Source,

(n)  the Isis River Water Source,

(o)  the Upper Hunter River Water Source,

(p)  the Rouchel Brook Water Source,

(q)  the Muswellbrook Water Source,

(r)  the Jerrys Water Source,

(s)  the Glennies Water Source,

(t)  the Glendon Brook Water Source,

(u)  the Luskintyre Water Source,

(v)  the Singleton Water Source,

(w)  the Martindale Creek Water Source,

(x)  the Doyles Creek Water Source,

(y)  the Lower Wollombi Brook Water Source,

(z)  the Black Creek Water Source,

(aa)  the Wallis Creek Water Source,

(bb)  the Newcastle Water Source,

(cc)  the Paterson/Allyn Rivers Water Source,

(dd)  the Williams River Water Source,

(ee)  the Upper Paterson Water Source,

(ff)  the Upper Wollombi Brook Water Source,

(gg)  the North Lake Macquarie Water Source,

(hh)  the South Lake Macquarie Water Source,

(ii)  the Dora Creek Water Source,

(jj)  the Hunter Regulated River Alluvial Water Source,

Note—

The Hunter Regulated River Alluvial Water Source extends from the top of the high bank of the Hunter Regulated River or Glennies Creek to the boundary of the alluvial aquifer covering the unconsolidated alluvial sediments, excluding the alluvial sediments covered by the Hunter Regulated River Water Sharing Plan. The Regulated Plan covers waterfront land except for alluvial sediments within one metre of works taking water pursuant to licences issued under Part 5 of the Water Act 1912. This water source includes alluvial waters only.

(kk)  the Wallis Creek Tidal Pool Water Source,

Note—

The Wallis Creek Tidal Pool Water Source extends between the mangrove and tidal limits and only includes the water within the tidal stretch of Wallis Creek, not including any freshwater tributaries. This water source includes unregulated waters only and excludes alluvial groundwater.

(ll)  the Paterson River Tidal Pool Water Source,

Note—

The Paterson River Tidal Pool Water Source extends between the mangrove and tidal limits and only includes the water within the tidal stretch of the Paterson River, not including any freshwater tributaries. This water source includes unregulated waters only and excludes alluvial groundwater.

(mm)  the Hunter River Tidal Pool Water Source, and

Note—

The Hunter River Tidal Pool Water Source extends between the mangrove and tidal limits and only includes the water within the tidal stretch of the Newcastle Water Source, not including any freshwater tributaries. This water source includes unregulated waters only and excludes alluvial groundwater.

(nn)  the Wybong Creek Water Source,

and shall be known as the Hunter Unregulated and Alluvial Water Sources (hereafter these water sources).

Note—

An overview of these water sources is shown in Appendix 1.

(2)  These water sources are shown on the Plan Map called Plan Map (WSP003_Version 3), Water Sharing Plan for the Hunter Unregulated and Alluvial Water Sources 2009 (hereafter the Plan Map).

Note—

The Plan Map is part of this Plan. Copies of the Plan Map for these water sources may be inspected at offices of the Department listed in Appendix 2 and are available on the NSW Legislation Website.

(3)  Subject to subclause (4), these water sources include:

(a)  all water occurring naturally on or below the surface of the ground shown on the Plan Map for these water sources, and

(b)  all water in rivers, lakes and wetlands in these water sources, and

(c)  all water contained within all alluvial sediments below the surface of the land shown on the Plan Map for these water sources (hereafter the alluvial sediments in these water sources), including any water contained in those unconsolidated alluvial sediments underlying the waterfront land within 1 metre of works taking water pursuant to licences issued under Part 5 of the Water Act 1912 or their equivalent aquifer access licence issued under the Act, that are not part of the Hunter Regulated River Water Source.

Note—

The Hunter Regulated River Water Source is defined in the Water Sharing Plan for the Hunter Regulated River Water Source 2003.

(4)  These water sources do not include:

(a)  any water contained in alluvial sediments downstream of the tidal limit in these water sources,

Note—

This exclusion applies to the Wallis Creek Tidal Pool Water Source, the Paterson River Tidal Pool Water Source and Hunter River Tidal Pool Water Source.

(b)  any water contained in the coastal sands in these water sources,

(c)  any water contained in fractured rock aquifers and basement rocks in these water sources,

(d)  any water contained in the unconsolidated alluvial sediments underlying the waterfront land of all rivers within the Hunter Regulated River Water Source, except as provided for in subclause (3) (c),

Note—

The Hunter Regulated River Water Source is defined in the Water Sharing Plan for the Hunter Regulated River Water Source 2003.

(e)    (Repealed)

(f)  the area of the Hunter Regulated River Water Source, as defined in the Water Sharing Plan for the Hunter Regulated River Water Source 2003,

(g)  the area of the Paterson Regulated River Water Source, as defined in the Water Sharing Plan for the Paterson Regulated River Water Source 2007, and

(h)  the area of land below the mangrove limit, except for the Mannering Lake in South Lake Macquarie Water Source and the Belmont Lagoon in the North Lake Macquarie Water Source.

Note—

The mangrove limit is defined in the dictionary.

(5)  These water sources are within part of the Hunter Water Management Area and part of the Central Coast Water Management Area.

(6)  This Plan, as amended by the Water Sharing Plan for the Hunter Unregulated and Alluvial Water Sources Amendment Order 2016, replaces the Water Sharing Plan for the Wybong Creek Water Source 2003.

cl 4: Am 2009 No 106, Sch 2.47 [1] [2]; 2013 (87), Sch 1 [1] [2]; 2016 (388), Sch 1 [2]–[6].

5 Management zones

(1)  For the purpose of this Plan, the following water sources are divided into the following management zones and are shown on the Plan Map for these water sources:

(a)  the Halls Creek Water Source is divided into the:

(i)  Halls Creek Management Zone, and

(ii)  Giants Creek Management Zone,

(b)  the Pages River Water Source is divided into the:

(i)  Murrurundi Management Zone,

(ii)  Scotts Creek Management Zone,

(iii)  Kewell Creek Management Zone,

(iv)  Gundy Management Zone, and

(v)  Segenhoe Management Zone,

(c)  the Dart Brook Water Source is divided into the:

(i)  Upper Dart Brook Management Zone,

(ii)  Upper Middle Brook Management Zone,

(iii)  Petwyn Vale Management Zone,

(iv)  Lower Dart Brook Management Zone, and

(v)  Lower Middle Brook and Kingdon Ponds Management Zone,

(d)  the Paterson/Allyn Rivers Water Source is divided into the:

(i)  Paterson River Tributaries Management Zone, and

(ii)  Allyn River Management Zone,

(e)  the Upper Wollombi Brook Water Source is divided into the:

(i)  Congewai Creek Management Zone, and

(ii)  Wollombi Brook Arm Management Zone,

(f)  the Williams River Water Source is divided into the:

(i)  Williams River Management Zone, and

(ii)  Seaham Weir Management Zone,

(g)  the Hunter Regulated River Alluvial Water Source is divided into the:

(i)  Upstream Glennies Creek Management Zone (hereafter u/s Glennies Creek Management Zone),

(ii)  Downstream Glennies Creek Management Zone (hereafter d/s Glennies Creek Management Zone), and

(iii)  Glennies Creek Management Zone,

(h)  the Jerrys Water Source is divided into the:

(i)  Jerrys Management Zone, and

(ii)  Appletree Flat Management Zone,

(i)  the Upper Hunter Water Source is divided into the:

(i)  Upper Hunter Management Zone, and

(ii)  Stewarts Brook Management Zone, and

(j)  the Wybong Creek Water Source is divided into the:

(i)  Kars Springs Management Zone,

(ii)  Bunnan Management Zone,

(iii)  White Rock Management Zone,

(iv)  Manobalai Management Zone,

(v)  Wybong Management Zone,

(vi)  Cuan Management Zone, and

(vii)  Cuan and Reedy Creeks Management Zone.

(2)    (Repealed)

cl 5: Am 2013 (87), Sch 1 [2]–[4]; 2016 (388), Sch 1 [7]–[10].

6 Amendment of this Part

The Minister may amend this Part to:

(a)  amend (including to amend the boundaries of) an existing water source or management zone in these water sources,

(b)  establish new or additional water sources or management zones in these water sources,

Note—

In instances where in-stream structure such as weirs are removed, this is likely to result in a change to the tidal limit of the water source, and a resultant change in the boundary of the water source and management zones, where applicable.

(c)  vary the water sources included in these water sources, including to add a river or section of river to one of these water sources or to remove a river or section of river from one of these water sources providing that:

(i)  the river or section of river that is to be added has been removed from an order which declared that river or section of river to be a regulated river, or

(ii)  the river or section of river that is to be removed has been added to an order which declared that river or section of river to be a regulated river, and

(iii)  the Minister is satisfied that there will be no impact on environmental water, domestic and stock rights, native title rights or on the water available to any access licences in these water sources.

Note—

The Plan Map for these water sources may be amended or updated from time to time including as a result of any amendment made by this Plan.

cl 6: Am 2013 (87), Sch 1 [2].

6A Extraction management unit for these water sources

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

(2)  The extraction management units for these water sources are the Greater Hunter Extraction Management Unit, the Lake Macquarie Extraction Management Unit and the Hunter Regulated River Alluvium Extraction Management Unit (hereafter these Units), and are shown on the Plan Map.

(3)  The Greater Hunter Extraction Management Unit consists of the following water sources:

(a)  Munmurra River Water Source,

(b)  Krui River Water Source,

(c)  Bow River Water Source,

(d)  Merriwa River Water Source,

(e)  Halls Creek Water Source,

(f)  Baerami Creek Water Source,

(g)  Widden Brook Water Source,

(h)  Bylong River Water Source,

(i)  Wollar Creek Water Source,

(j)  Upper Goulburn River Water Source,

(k)  Lower Goulburn River Water Source,

(l)  Wybong Creek Water Source,

(m)  Dart Brook Water Source,

(n)  Pages River Water Source,

(o)  Isis River Water Source,

(p)  Upper Hunter River Water Source,

(q)  Rouchel Brook Water Source,

(r)  Muswellbrook Water Source,

(s)  Jerrys Water Source,

(t)  Glennies Water Source,

(u)  Glendon Brook Water Source,

(v)  Luskintyre Water Source,

(w)  Singleton Water Source,

(x)  Martindale Creek Water Source,

(y)  Doyles Creek Water Source,

(z)  Lower Wollombi Brook Water Source,

(aa)  Black Creek Water Source,

(bb)  Wallis Creek Water Source,

(cc)  Newcastle Water Source,

(dd)  Paterson/Allyn River Water Source,

(ee)  Williams River Water Source,

(ff)  Upper Paterson Water Source,

(gg)  Upper Wollombi Brook Water Source,

(hh)  Wallis Creek Tidal Pool Water Source,

(ii)  Paterson River Tidal Pool Water Source, and

(jj)  Hunter River Tidal Pool Water Source.

(4)  The Lake Macquarie Extraction Management Unit consists of the following water sources:

(a)  North Lake Macquarie Water Source,

(b)  South Lake Macquarie Water Source, and

(c)  Dora Creek Water Source.

(5)  The Hunter Regulated River Alluvium Extraction Management Unit consists of the Hunter Regulated River Alluvial Water Source.

cll 6A: Ins 2016 (388), Sch 1 [11].

6B Understanding the rules of this Plan

This Plan contains various rules. Where appropriate, rules specified in this Plan are given effect by mandatory conditions for access licences and approvals contained in Part 13 of this Plan.

cll 6B: Ins 2016 (388), Sch 1 [11].

7 Interpretation

(1)  Words and expressions that are defined in the Act have the same meanings in this Plan.

(2)  Words and expressions that are defined in the Schedule 1 of this Plan have the meanings set out in that Schedule.

(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.

(6)  Unless otherwise specified in this Plan, a clause that applies to a category of access licence also applies to any subcategories of that category of access licence.

cl 7: Am 2016 (388), Sch 1 [12].

Part 2 Vision, objectives, strategies and performance indicators

8 Vision, objectives, strategies and performance indicators

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

9 Vision

(1)  The vision of this Plan is to provide sustainable and integrated management of these water sources for the benefit of both present and future generations.

(2)  This Plan also recognises the following respect statements for Aboriginal values in these water sources:

(a)  life-giving water is of extreme significance to Aboriginal culture for its domestic, traditional and spiritual values, and

(b)  whilst water supplied for the environment will provide protection for native flora and fauna, water for fishing, food gathering and recreational activities, it is important that the community respects the spiritual significance of water to the Aboriginal people.

9A Acknowledgment

Respect is paid to the traditional owners of this country, who are acknowledged as the first natural resource managers within these water sources.

cl 9A: Ins 2016 (388), Sch 1 [13].

10 Objectives

The objectives of this Plan are to:

(a)  protect, preserve, maintain or enhance the important river flow dependent and high priority groundwater dependent ecosystems of these water sources,

(b)  protect, preserve, maintain or enhance the Aboriginal, cultural and heritage values of these water sources,

(c)  protect basic landholder rights,

(d)  manage these water sources to ensure equitable sharing between users,

(e)  provide opportunities for market based trading of access licences and water allocations within sustainability and system constraints,

(f)  provide recognition of the connectivity between surface water and groundwater,

(g)  provide sufficient flexibility in water account management to encourage responsible use of available water, and

(h)  adaptively manage these water sources.

Note—

For the purposes of the Inter-governmental Agreement on the National Water Initiative (2004), the environmental and other public benefit outcomes provided under this Plan include:

1.  the important river flow dependent environmental, Aboriginal, cultural and heritage values of these water sources are protected, preserved, maintained or enhanced,

2.  these water sources are managed to ensure equitable sharing between users, and

3.  basic landholder rights of owners, or occupiers, of land are protected.

11 Strategies

The strategies of this Plan are to:

(a)  establish performance indicators, and

(b)  establish environmental water rules, and

(c)  identify water requirements for basic landholder rights, and

(d)  identify water requirements for access licences, and

(e)  establish rules for granting and amending of access licences and approvals, and

(f)  establish rules that place limits on the availability of water for extraction, and

(g)  establish rules for making available water determinations, and

(h)  establish rules for the operation of water accounts, and

(i)  establish rules which specify the circumstances under which water may be taken,

(j)  establish access licence dealing rules, and

(k)  identify triggers for and limit to changes to the rules.

cl 11: Am 2013 (87), Sch 1 [5] [6]. Subst 2016 (388), Sch 1 [14].

12 Performance indicators

The following indicators are to be used to measure the success of the strategies of this Plan in reaching the objectives of this Plan:

(a)  the change in low flow regime,

(b)  the change in moderate to high flow regime,

(c)  the change in surface water and groundwater extraction relative to the long-term average annual extraction limit,

(d)  the change in water quality in these water sources,

(e)  the change in the ecological condition of these water sources and their dependent ecosystems,

(f)  the change in the extent to which domestic and stock rights and native title rights requirements have been met,

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

(h)  the change in the extent to which water has been made available in recognition of the Aboriginal, cultural and heritage values of these water sources.

cl 12: Subst 2016 (388), Sch 1 [15].

Part 3 Basis for water sharing

13 Basis for water sharing

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

14 Climatic variability

This Plan recognises the effects of climatic variability on river flow and groundwater level variability in these water sources by having provisions that manage:

(a)  the sharing of water in these water sources within the limits of water availability on a long-term average annual basis,

(b)  the sharing of flows that occur in specified water sources on a daily basis, and

(c)  water extraction to maintain groundwater dependent ecosystems.

15 (Repealed)

cl 15: Am 2013 (87), Sch 1 [2]. Rep 2016 (388), Sch 1 [16].

16 Flow reference points

(1)  Subject to subclauses (4) and (5), for the purposes of this Plan all flows referred to in clause 17 (1) are measured flows at the flow reference point(s) for each water source or management zone specified in clause 17.

(2)  The Minister may amend this Plan to add or remove flow reference points, including if there are any changes to flow classes under subclause 17 (2) of this Plan.

(3)  The Minister may amend a flow reference point where the flow reference point has been removed in line with the NSW Weirs Policy.

(4)  For flow classes that are determined based on flows at more than one flow measuring gauge, on any day that it is not possible to determine the flow at a flow reference point specified in clause 17 (1) or (1A) due to flow data not being available from a flow measuring gauge, then the flow class applies for the relevant management zone when flows as measured at the remaining functioning gauge specified in clause 17 (1) or (1A) are equal to the flows specified in clause 17 (1) for that gauge.

(5)  Subject to subclause (4), if in the Minister’s opinion, accurate flow data is not available on a particular day from a flow measuring gauge used to determine a flow class, the Minister may determine the flow class that applies for that day and notify the licence holder in writing of the flow class that applies for that day. For the purpose of this subclause, notification includes publishing a notice on the Department’s website.

(6)  For the purpose of determining the flow class that applies on a particular day under subclause (5), the Minister may take into consideration evidence of past and current flows and readings at other functioning upstream and downstream gauges.

Note—

On days that accurate flow data is not available, holders of access licences may contact the Department’s office at the address listed in Appendix 3 or check the Department’s website to find out what flow class applies on that day.

Note—

In some instances flow reference points refer to a weir site which may be removed in line with the NSW Weirs Policy.

Note—

The Plan Map for these water sources may be amended as a result of the establishment of, or changes to, flow reference points under this Part.

Note—

In the event of any failure of a flow reference point in these water sources, flow classes in the water source may be imposed pursuant to an order made under section 324 of the Act.

cl 16: Am 2013 (87), Sch 1 [2] [7] [8]; 2016 (388), Sch 1 [17].

17 Flow classes for these water sources

(1)  This Plan establishes the following flow classes as the basis for sharing of daily flows from these water sources:

Note—

Any restrictions specified in an order under section 324 of the Act, for these water sources, may be based on local Water User Association rostering arrangements.

Note—

It is recognised that Water User Associations (WUAs) exist in many areas and play an important role in low flow rostering and sharing of water between users. Where appropriate the flow classes specified in this Plan reflect the existing sharing arrangements of these groups. It is intended that WUAs will have an ongoing role in water management and continue to assist in reducing the frequency of triggering the very low flow classes specified within this Plan.

Note—

The following flow classes apply to all access licences extracting from surface water specified for each water source from the commencement date of this Plan, excluding those access licences to which clause 19 (3) (i) applies and access licences that nominate a work that is a runoff harvesting dam.

For those aquifer access licences in the Munmurra River Water Source, the Krui River Water Source, the Bow River Water Source, the Merriwa River Water Source, the Halls Creek Water Source, the Baerami Creek Water Source, the Widden Brook Water Source, the Appletree Flat Management Zone of the Jerrys Water Source, the Bylong River Water Source, the Wollar Creek Water Source, the Upper Goulburn River Water Source, the Lower Goulburn River Water Source, the Dart Brook Water Source, the Pages River Water Source, the Martindale Creek Water Source, the Doyles Creek Water Source, the Lower Wollombi Brook Water Source, the Upper Wollombi Brook Water Source and the Wybong Creek Water Source the flow classes in clause 17 (1) will apply.

They will also apply to all existing aquifer access licence holders in the Isis River Water Source, the Upper Hunter River Water Source, the Rouchel Brook Water Source, the Muswellbrook Water Source, the Jerrys Management Zone of the Jerrys Water Source, the Glennies Water Source, the Glendon Brook Water Source, the Luskintyre Water Source, the Singleton Water Source, the Black Creek Water Source, the Wallis Creek Water Source, the Newcastle Water Source, the Paterson/Allyn Rivers Water Source, the Williams River Water Source, the Upper Paterson Water Source, the North Lake Macquarie Water Source, the South Lake Macquarie Water Source and the Dora Creek Water Source extracting from alluvial aquifers within 40 metres of the top of the high bank of the river from year six of this Plan. For those aquifer access licences extracting outside the 40 metres from the top of the high bank in the Isis River Water Source, the Upper Hunter River Water Source, the Rouchel Brook Water Source, the Muswellbrook Water Source, the Jerrys Water Source, the Glennies Water Source, the Glendon Brook Water Source, the Luskintyre Water Source, the Singleton Water Source, the Black Creek Water Source, the Wallis Creek Water Source, the Newcastle Water Source, the Paterson/Allyn Rivers Water Source, the Williams River Water Source, the Upper Paterson Water Source, the North Lake Macquarie Water Source, the South Lake Macquarie Water Source and the Dora Creek Water Source, the flow classes in clause 17 (1) will not apply, except where provided for under clause 68 (3) of this Plan.

(a)  for the Munmurra River Water Source, no flow classes are established by this Plan,

Note—

From year six of this Plan, the taking of water will only be permitted when there is a visible flow in the water source at the location at which water is proposed to be taken, or where water is being taken from a pool, when there is a visible inflow and outflow to and from that pool, as required under clause 19 (3) (d) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue.

(b)  for the Krui River Water Source, no flow classes are established by this Plan,

Note—

From year six of this Plan, the taking of water will only be permitted when there is a visible flow in the water source at the location at which water is proposed to be taken, or where water is being taken from a pool, when there is a visible inflow and outflow to and from that pool, as required under clause 19 (3) (d) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue.

(c)  for the Bow River Water Source, no flow classes are established by this Plan,

Note—

From year six of this Plan, the taking of water will only be permitted when there is a visible flow in the water source at the location at which water is proposed to be taken, or where water is being taken from a pool, when there is a visible inflow and outflow to and from that pool, as required under clause 19 (3) (d) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue.

(d)  for the Merriwa River Water Source, as measured at Merriwa River at Upstream Vallances Creek gauge (210066), no flow classes are established for the first five years of this Plan, thereafter:

(i)  the Very Low Flow Class is when flows are at or below 0.5 megalitres per day (hereafter ML/day), and

Note—

0.5 ML/day corresponds to the estimated 80th percentile. The percentile refers to the lowest flow month at the gauge and includes all days of record.

(ii)  A Class is when flows are greater than 0.5 ML/day,

Note—

The Merriwa River Water Source may be divided into management zones during the term of this Plan based on the reinstatement of gauging infrastructure, and flow classes amended, as set out under clause 17 (2) (h) of this Plan.

Note—

For the first five years of this Plan, the taking of water from a river by a nominated water supply work is permitted only where it complies with the flow conditions imposed on the authorised water supply work and if there is a visible flow in the river in the downstream vicinity of the water supply work, as required under clause 19 (3) (e) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue.

(e)  for the Halls Creek Water Source, no flow classes are established by this Plan,

Note—

By year ten of this Plan, Very Low Flow Class and A Class may be established for access licences in the Halls Creek Management Zone, based on studies to determine appropriate cease to pump level and flow reference point, as required under clause 17 (2) (b) of this Plan.

Note—

By year ten of this Plan, Very Low Flow Class and A Class may be established for access licences in the Giants Creek Management Zone, based on studies to determine appropriate groundwater levels and trigger points, and appropriate infrastructure being in place to allow rule development, as set out under clause 17 (2) (a) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue.

(f)  for the Baerami Creek Water Source, no flow classes are established by this Plan,

Note—

Very Low Flow Class and A Class may be established by year ten of this Plan, based on studies to determine appropriate groundwater levels and trigger points, and appropriate infrastructure being in place to allow rule development, as set out under clause 17 (2) (a) of this Plan.

(g)  for the Widden Brook Water Source, no flow classes are established by this Plan,

Note—

Very Low Flow Class and A Class may be established by year ten of this Plan, based on studies to determine appropriate groundwater levels and trigger points, and appropriate infrastructure being in place to allow rule development, as set out under clause 17 (2) (a) of this Plan.

(h)  for the Bylong River Water Source, no flow classes are established by this Plan,

Note—

Very Low Flow Class and A Class may be established by year ten of this Plan, based on studies to determine appropriate groundwater levels and trigger points, and appropriate infrastructure being in place to allow rule development, as set out under clause 17 (2) (a) of this Plan.

(i)  for the Wollar Creek Water Source, no flow classes are established by this Plan,

Note—

Very Low Flow Class and A Class may be established by year ten of this Plan, based on studies to determine appropriate groundwater levels and trigger points, and appropriate infrastructure being in place to allow rule development, as set out under clause 17 (2) (a) of this Plan.

(j)  for the Upper Goulburn River Water Source, no flow classes are established by this Plan,

Note—

Very Low Flow Class and A Class may be established by year ten of this Plan, based on studies to determine appropriate groundwater levels and trigger points, and appropriate infrastructure being in place to allow rule development, as set out under clause 17 (2) (a) of this Plan.

(k)  for the Lower Goulburn River Water Source, no flow classes are established by this Plan,

Note—

Very Low Flow Class and A Class may be established by year ten of this Plan, based on studies to determine appropriate groundwater levels and trigger points, and appropriate infrastructure being in place to allow rule development, as set out under clause 17 (2) (a) of this Plan.

Note—

The augmentation of the local water utility in this water source may trigger review of the flow access rules specified within this Plan in accordance with clause 17 (2) (l).

(l)  for the Upper Dart Brook Management Zone in the Dart Brook Water Source, as measured at Dart Brook at Yarrandi Bridge gauge (210124):

(i)  the Very Low Flow Class is when there is no visible flow, and

(ii)  A Class is when there is a visible flow,

Note—

The flow classes may be amended at year six of this Plan, as set out under clause 17 (2) (c) of this Plan.

(m)  for the Upper Middle Brook Management Zone in the Dart Brook Water Source, as measured at the Middle Brook road bridge:

(i)  the Very Low Flow Class is when there is no visible flow, and

(ii)  A Class is when there is a visible flow,

Note—

The flow classes may be amended at year six of this Plan, as set out under clause 17 (2) (c) of this Plan.

(n)  for the Petwyn Vale Management Zone, the Lower Dart Brook Management Zone and the Lower Middle Brook and Kingdon Ponds Management Zone in the Dart Brook Water Source, no flow classes are established by this Plan,

Note—

In the Lower Dart Brook and Lower Middle Brook and Kingdon Ponds Management Zones the Very Low Flow Class and A Class may be established by year ten of this Plan, based on studies to determine appropriate groundwater levels and trigger points, and appropriate infrastructure being in place to allow rule review, as set out under clause 17 (2) (a) of this Plan.

Note—

In the Petwyn Vale Management Zone from year six of this Plan, the taking of water will only be permitted when there is a visible flow in the water source at the location at which water is proposed to be taken, or where water is being taken from a pool, when there is a visible inflow and outflow to and from that pool, as required under clause 19 (3) (d) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue.

Note—

The augmentation of the local water utility in this water source may trigger review of the flow access rules specified within this Plan in accordance with clause 17 (2) (l).

(o)  for the Murrurundi Management Zone in the Pages River Water Source, as measured at Benhams Bridge:

(i)  the Very Low Flow Class is when there is no visible flow, and

(ii)  A Class is when there is a visible flow,

Note—

The augmentation of the local water utility in this water source may trigger review of the flow access rules specified within this Plan in accordance with clause 17 (2) (l).

(p)  for the Scotts Creek Management Zone in the Pages River Water Source, as measured at the Pages River at Blandford gauge (210061):

(i)  the Very Low Flow Class is when there is no visible flow, and

(ii)  A Class is when there is a visible flow,

Note—

The flow classes may be amended at year six of this Plan, as set out under clause 17 (2) (c) of this Plan.

(q)  in the Kewell Creek Management Zone in the Pages River Water Source:

(i)  the Very Low Flow Class is when there is no visible flow as measured at the Pages River upstream of Kewell Creek gauge (210142),

(ii)  A Class is when there is a visible flow as measured at the Pages River upstream of Kewell Creek gauge (210142), and less than 31 ML/day as measured at the Pages River at Gundy Recorder gauge (210052), and

Note—

31 ML/day corresponds to the estimated 50th percentile. The percentile refers to the lowest flow month at the gauge and includes all days of record.

(iii)  B Class is when there is a visible flow as measured at the Pages River upstream of Kewell Creek gauge (210142) and flows are equal to or greater than 31 ML/day, as measured at the Pages River at Gundy Recorder gauge (210052),

Note—

Due to the limited period that the Kewell Creek gauge (210142) has been in place an equivalent flow cannot be determined at the commencement of this Plan. The flow reference point and separate management zone may be amended by year ten of this Plan, based on correlations of the Kewell Creek gauge to the Blandford and Gundy gauges, as set out under clause 17 (2) (e) of this Plan.

(r)  in the Gundy Management Zone in the Pages River Water Source, as measured at the Pages River at Gundy Recorder gauge (210052):

(i)  the Very Low Flow Class is when there is no visible flow,

(ii)  A Class is when there is a visible flow and flows are less than 31 ML/day, and

Note—

31 ML/day corresponds to the estimated 50th percentile. The percentile refers to the lowest flow month at the gauge and includes all days of record.

(iii)  B Class is when flows are equal to or greater than 31 ML/day,

Note—

The flow classes may be amended by year six of this Plan, as set out under clause 17 (2) (d) of this Plan.

(s)  in the Segenhoe Management Zone in the Pages River Water Source, no flow classes are established by this Plan,

Note—

Very Low Flow Class and the bottom of A Class may be established by year ten of this Plan, based on studies to determine appropriate groundwater levels and trigger points, and appropriate infrastructure being in place to allow rule development, as set out under clause 17 (2) (a) of this Plan.

(t)  for the Isis River Water Source:

(i)  the Very Low Flow Class is when there is no visible flow as measured at the Isis River at Stick-Me-Up Bridge gauge (210118),

(ii)  A Class is when there is a visible flow as measured at Stick-Me-Up Bridge gauge (210118) and flows are less than 31 ML/day as measured at the Pages River at Gundy Recorder gauge (210052), and

Note—

31 ML/day corresponds to the estimated 50th percentile. The percentile refers to the lowest flow month at the gauge and includes all days of record.

(iii)  B Class is when there is a visible flow as measured at Stick-Me-Up gauge (210118) and flows are equal to or greater than 31 ML/day as measured at the Pages River at Gundy Recorder gauge (210052),

Note—

Due to the short period of record of flow data at the specified gauge site, studies to determine environmental water requirements and data extension may be undertaken during the term of this Plan to amend the flow conditions by year six of this Plan, as set out under clause 17 (2) (n) of this Plan. This may include development of management zones, separate flow reference points and flow classes. When sufficient data is available B class flows will be measured at the Isis River at Stick-Me-Up Bridge gauge.

(u)  for the Upper Hunter Management Zone of the Upper Hunter River Water Source, as measured at Hunter River at Moonan Damsite gauge (210018) and Hunter River at Belltrees gauge (210039):

(i)  for the first five years of this Plan, the Very Low Flow Class is when there is no visible flow at the Hunter River at Belltrees gauge, for years six to nine of this Plan the Very Low Flow Class is when flows are at or below 7 ML/day at the Hunter River at Moonan Dam gauge or there is no visible flow at the Hunter River at Belltrees gauge, and from year ten of this Plan the Very Low Flow Class is when flows are at or below 12 ML/day at the Hunter River at Moonan Dam gauge or there is no visible flow at the Hunter River at Belltrees gauge, and

Note—

7 ML/day corresponds to the estimated 97th percentile and 12 ML/day corresponds to the estimated 95th percentile. The percentile refers to the lowest flow month at the gauge and includes all days of record.

(ii)  for the first five years of this Plan, A Class is when there is a visible flow at the Hunter River at Belltrees gauge, for years six to nine of this Plan A Class is when flows are greater than 7 ML/day at the Hunter River at Moonan Dam gauge and there is a visible flow at the Hunter River at Belltrees gauge, and from year ten of this Plan A Class is when flows are greater than 12 ML/day at the Hunter River at Moonan Dam gauge and there is a visible flow at the Hunter River at Belltrees gauge,

Note—

The Very Low Flow Class and A Class may be amended by year ten of this Plan, based on data extension and flow records for the Hunter River at Belltrees gauge (210039) to develop an equivalent percentile flow level to the level at the Moonan Damsite gauge (210018) if this is determined appropriate in consultation with water users, or a new management zone and flow classes may be established in the lower catchment, as set out under clause 17 (2) (f) of this Plan.

(v)  for the Stewarts Brook Management Zone of the Upper Hunter Water Source, as measured at Garlands Bridge and at Hunter River at Belltrees gauge (210039):

(i)  the Very Low Flow Class is when there is no visible flow at Garlands Bridge or at Hunter River at Belltrees gauge (210039), and

(ii)  A Class is when there is a visible flow at Garlands Bridge and at Hunter River at Belltrees gauge (210039),

Note—

The Very Low Flow Class and A Class may be amended by year ten of this Plan, based on data extension and flow records for the Hunter River at Belltrees gauge (210039) to amend the visible flow level to a flow level equivalent to the 95th percentile flow class, as set out under clause 17 (2) (f) of this Plan.

(w)  for the Rouchel Brook Water Source, as measured at Rouchel Brook at Rouchel Brook (The Vale) gauge (210014):

(i)  during October to March inclusive:

(1)  the Very Low Flow Class is when flows are equal to or less than 10 ML/day on a rising river, or equal to and less than 2 ML/day on a falling river,

Note—

2 ML/day corresponds to the estimated 85th percentile and 10 ML/day corresponds to the estimated 75th percentile. The percentile refers to the lowest flow month at the gauge and includes all days of record.

(2)  A Class is when flows are greater than 10 ML/day and less than 35 ML/day on a rising river, or greater than 2 ML/day and less than 35 ML/day on a falling river, and

Note—

35 ML/day corresponds to the estimated 50th percentile. The percentile refers to the lowest flow month at the gauge and includes all days of record.

Note—

In addition to the cease to pump rules, the taking of water from pools will only be permitted when there is a visible inflow and outflow. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue.

(3)  B Class is when flows are equal to or greater than 35 ML/day, and

(ii)  during April to September inclusive:

(1)  the Very Low Flow Class is when flows are equal to or less than 10 ML/day on a rising river, or equal to or less than 1 ML/day on a falling river,

Note—

1 ML/day corresponds to the estimated 88th percentile and 10 ML/day corresponds to the estimated 75th percentile. The percentile refers to the lowest flow month at the gauge and includes all days of record.

(2)  A Class is when flows are greater than 10 ML/day and less than 35 ML/day on a rising river or greater than 1 ML/day and less than 35 ML/day on a falling river, and

Note—

35 ML/day corresponds to the estimated 50th percentile. The percentile refers to the lowest flow month at the gauge and includes all days of record.

Note—

In addition to the cease to pump rules, the taking of water will only be permitted when there is a visible flow in the water source at the location at which water is proposed to be taken, or where water is being taken from a pool, when there is a visible inflow and outflow to and from that pool. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue.

(3)  B Class is when flows are equal to or greater than 35 ML/day,

Note—

2 ML/day and 1 ML/day are referred to as the ‘cease to pump’ on a falling river, and 10 ML/day referred to as the ‘commence to pump’ on a rising river. The basis for using a differential cease to pump in this water source is in recognition of the location of the gauge mid way up the system and the ‘losing’ nature of the Brook. This means that increased flows are required during the spring/summer months to achieve the same level of flow at the end of the water source as would be achieved through the autumn/winter period. These figures will be reviewed by year six of this Plan, as set out under clause 17 (2) (m) of this Plan.

(x)  for the Muswellbrook Water Source, no flow classes are established by this Plan,

Note—

From year six of this Plan, the taking of water will only be permitted when there is a visible flow in the water source at the location at which water is proposed to be taken, or where water is being taken from a pool, when there is a visible inflow and outflow to and from that pool, as required under clause 19 (3) (d) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue. In Sandy Creek there are a number of licences with existing conditions relating to Rouchel Lane Causeway which will be maintained.

Note—

Licences located in the alluvial areas downstream of Wells Gully road bridge will be identified as part of the relevant Hunter Regulated River Alluvial Water Source.

(y)  for the Jerrys Management Zone of the Jerrys Water Source, no flow classes are established by this Plan,

Note—

From year six of this Plan, in the Jerrys Management Zone the taking of water from pools will only be permitted when there is a visible inflow and outflow, as required under clause 19 (3) (d) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue.

(z)  for the Appletree Flat Management Zone of the Jerrys Water Source, no flow classes are established by this Plan,

Note—

Very Low Flow Class and A Class may be established by year ten of this Plan for the Appletree Flat Management Zone, based on studies to determine appropriate groundwater levels and trigger points, and appropriate infrastructure being in place to allow rule development, as set out under clause 17 (2) (a) of this Plan.

(aa)  for the Glennies Water Source, as measured at the causeway on Goorangoola Creek (230 metres downstream of the boundary between DP 752462, Lot 23 and Lot 24):

(i)  the Very Low Flow Class is when there is no visible flow, and

(ii)  A Class is when there is a visible flow,

(bb)  for the Glendon Brook Water Source, no flow classes are established by this Plan,

Note—

From year six of this Plan, the taking of water will only be permitted when there is a visible flow in the water source at the location at which water is proposed to be taken, or where water is being taken from a pool, when there is a visible inflow and outflow to and from that pool, as required under clause 19 (3) (d) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue.

(cc)  for the Luskintyre Water Source, no flow classes are established by this Plan,

Note—

From year six of this Plan, the taking of water will only be permitted when there is a visible flow in the water source at the location at which water is proposed to be taken, or where water is being taken from a pool, when there is a visible inflow and outflow to and from that pool, as required under clause 19 (3) (d) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue.

(dd)  for the Singleton Water Source, no flow classes are established by this Plan,

Note—

From year six of this Plan, the taking of water will only be permitted when there is a visible flow in the water source at the location at which water is proposed to be taken, or where water is being taken from a pool, when there is a visible inflow and outflow to and from that pool, as required under clause 19 (3) (d) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue.

(ee)  for the Martindale Creek Water Source, no flow classes are established by this Plan,

Note—

Very Low Flow Class and A Class may be established by year ten of this Plan, based on studies to determine appropriate groundwater levels and trigger points, and appropriate infrastructure being in place to allow rule development, as set out under clause 17 (2) (a) of this Plan.

(ff)  for the Doyles Creek Water Source, no flow classes are established by this Plan,

Note—

Very Low Flow Class and A Class may be established at year ten of this Plan, based on studies to determine appropriate groundwater levels and trigger points, and appropriate infrastructure being in place to allow rule development, as set out under clause 17 (2) (a) of this Plan.

(gg)  for the Lower Wollombi Brook Water Source, as measured at Wollombi Brook at Warkworth gauge (210004):

(i)  no Very Low Flow Class or A Class is established at the commencement of this Plan, and

(ii)  B Class is when flows are equal to or greater than 38 ML/day,

Note—

38 ML/day corresponds to the estimated 50th percentile. The percentile refers to the lowest flow month at the gauge and includes all days of record.

Note—

Very Low Flow Class and A Class may be established by year ten of this Plan, based on studies to determine appropriate groundwater levels and trigger points, and appropriate infrastructure being in place to allow rule development, as set out under clause 17 (2) (a) of this Plan.

(hh)  for the Black Creek Water Source, no flow classes are established by this Plan,

Note—

From year six of this Plan, the taking of water will only be permitted when there is a visible flow in the water source at the location at which water is proposed to be taken, or where water is being taken from a pool, when there is a visible inflow and outflow to and from that pool, as required under clause 19 (3) (d) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue.

Note—

While it is recognised that the low flows down Black Creek are largely provided for by discharge from Cessnock sewage treatment plant, the Department cannot guarantee that these discharges will continue. The flow access rules will continue in the event that the discharges cease.

(ii)  for the Wallis Creek Water Source, no flow classes are established by this Plan,

Note—

From year six of this Plan, the taking of water will only be permitted when there is a visible flow in the water source at the location at which water is proposed to be taken, or where water is being taken from a pool, when there is a visible inflow and outflow to and from that pool, as required under clause 19 (3) (d) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue.

(jj)  for the Newcastle Water Source, no flow classes are established by this Plan,

Note—

From year six of this Plan, the taking of water will only be permitted when there is a visible flow in the water source at the location at which water is proposed to be taken, or where water is being taken from a pool, when there is a visible inflow and outflow to and from that pool, as required under clause 19 (3) (d) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue.

(kk)  for the Allyn River Management Zone of the Paterson/Allyn Rivers Water Source, as measured at the Allyn River at Halton gauge (210022):

(i)  the Very Low Flow Class is when flows are equal to or less than 15 ML/day on a rising river, or equal to or less than 7 ML/day on a falling river, or there is no visible flow at the Allyn River at Flying Fox Lane (210143),

Note—

7 ML/day corresponds to the estimated 92nd percentile and is referred to as the cease to pump on a falling river, and 15 ML/day corresponds to the estimated 85th percentile and is referred to as the commence to pump on a rising river. The percentile refers to the lowest flow month at the gauge and includes all days of record.

(ii)  A1 Class is when flows are greater than 15 ML/day and equal to or less than 25 ML/day on a rising river, or greater than 7 ML/day and equal to or less than 25 ML/day on a falling river, and there is a visible flow at the Allyn River at Flying Fox Lane (210143),

Note—

25 ML/day corresponds to the estimated 75th percentile. The percentile refers to the lowest flow month at the gauge and includes all days of record.

Note—

A1 Class applies to all access licences, excluding unregulated river (high flow) access licences, unregulated river (subcategory “Aboriginal community development” access licences, and local water utility access licences, except where provided for under clause 19 (3) (g) and (i).

(iii)  A2 Class is when flows are greater than 25 ML/day and less than 58 ML/day and there is a visible flow at the Allyn River at Flying Fox Lane (210143), and

Note—

58 ML/day corresponds to the estimated 50th percentile. The percentile refers to the lowest flow month at the gauge and includes all days of record.

Note—

A2 Class only applies to local water utility access licences.

(iv)  B Class is when flows are equal to or greater than 58 ML/day and there is a visible flow at the Allyn River at Flying Fox Lane (210143),

Note—

These figures may be reviewed during the term of this Plan with the introduction of a new gauge at a point lower in the water source than the existing gauge as specified in clause 17 (2) (g).

(ll)  for the Paterson River Tributaries Management Zone of the Paterson/Allyn Rivers Water Source, no flow classes are established by this Plan,

Note—

From year six of this Plan, the taking of water will only be permitted when there is a visible flow in the water source at the location at which water is proposed to be taken, or where water is being taken from a pool, when there is a visible inflow and outflow to and from that pool, as required under clause 19 (3) (d) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue.

(mm)  for the Williams River Management Zone of the Williams River Water Source, as measured at the Williams River at Glen Martin (Mill Dam Falls) (210010):

(i)  the Very Low Flow Class is when flows are equal to or less than 6 ML/day,

Note—

6 ML/day has the same estimated frequency as 0 ML/day when Chichester Dam was not making transparent releases.

(ii)  the Low Flow Class is when flows are equal to or less than 15 ML/day, and

Note—

15 ML/day corresponds to the estimated natural 95th percentile flow as used in the Healthy Rivers Commission deliberations.

(iii)  A Class is when flows are greater than 15 ML/day,

Note—

The Very Low Flow Class and Low Flow classes are required for the operation of the Williams River Pilot Low Flow Accreditation Scheme. Note that operation to the cease to pump (CtP) specified under the Very Low Flow Class is only operational where an accreditation condition is imposed on the use approval. The CtP level for the Low Flow Class applies to all other access licences.

(nn)  for the Seaham Weir Management Zone of the Williams River Water Source:

(i)  for all access licences, excluding major utility access licences, as measured at the visual gauge board at Seaham Weir for extractions from the Seaham Weir Pool:

(1)  the Very Low Flow Class is when water levels are equal to or less than 0.38 metres pool height,

(2)  A Class is when water levels are greater than 0.38 metres pool height and less than or equal to 0.42 metres pool height, and

Note—

The 0.38 metres pool height may be amended by year five of this Plan based on studies as specified in clause 17 (2) (i).

(3)  B class is when water levels are greater than 0.42 metres pool height,

(ii)  for all major utility access licences:

(1)  the Very Low Flow Class is when water levels are equal to or less than 0.42 metres pool height, as measured at the visual gauge board at Seaham Weir for the taking of water from the Seaham Weir Pool, or when flows are equal to or less than 15 ML/day as measured at the Williams River at Glen Martin (Mill Dam Falls) gauge (210010), and

(2)  the A Class is when water levels are greater than 0.42 metres pool height, as measured at the visual gauge board at Seaham Weir for the taking of water from the Seaham Weir Pool, and when flows are greater than 15 ML/day as measured at the Williams River at Glen Martin (Mill Dam Falls) gauge (210010),

(iii)    (Repealed)

Note—

Flow classes for major utility access licences may be amended in the Williams River Water Source upon completion of studies by the Hunter Water Corporation to develop water access rules for the Lower Williams River based on the outcomes of the ‘Surface Water Access Rules for the Lower Williams River’ Supplementary Study, as per clause 17 (2) (i) of this Plan.

(oo)  for the Upper Paterson Water Source, as measured at the Beresford property crossing:

(i)  the Very Low Flow Class is when there is no visible flow, and

(ii)  A Class is when there is a visible flow,

Note—

The Very Low Flow Class and A Class may be amended at year six of this Plan to introduce a cease to pump at the 95th percentile flow if infrastructure is in place, as set out under clause 17 (2) (j) of this Plan.

(pp)  for the Upper Wollombi Brook Water Source, no flow classes are established by this Plan,

Note—

By year ten of this Plan, Very Low Flow Class and A Class may be established for access licences in the Wollombi Brook Management Zone and Congewai Creek Management Zone, based on studies to determine appropriate cease to pump level and reference site, as required under clause 17 (2) (b) of this Plan.

(qq)  for the North Lake Macquarie Water Source:

(i)  within the Cockle Creek catchment, as measured at the causeway on The Weir Road, Barnsley:

(1)  the Very Low Flow Class is when there is no visible flow, and

(2)  A Class is when there is a visible flow, and

(ii)  outside of the Cockle Creek catchment, no flow classes established by this Plan,

Note—

From year six of this Plan, the taking of water will only be permitted when there is a visible flow in the water source at the location at which water is proposed to be taken, or where water is being taken from a pool, when there is a visible inflow and outflow to and from that pool, in all tributaries apart from the Cockle Creek catchment, as required under clause 19 (3) (d) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue.

(rr)  for the South Lake Macquarie Water Source, no flow classes are established by this Plan,

Note—

From year six of this Plan, the taking of water will only be permitted when there is a visible flow in the water source at the location at which water is proposed to be taken, or where water is being taken from a pool, when there is a visible inflow and outflow to and from that pool, as required under clause 19 (3) (d) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue.

(ss)  for the Dora Creek Water Source:

(i)  within the Dora Creek catchment, as measured at the weir downstream of the road bridge on Freemans Drive, Cooranbong:

(1)  the Very Low Flow Class is when there is no visible flow, and

(2)  A Class is when there is a visible flow, and

(ii)  outside of the Dora Creek catchment, no flow classes established by this Plan,

Note—

From year six of this Plan, the taking of water will only be permitted when there is a visible flow in the water source at the location at which water is proposed to be taken, or where water is being taken from a pool, when there is a visible inflow and outflow to and from that pool, in all tributaries apart from the Dora Creek catchment, as required under clause 19 (3) (d) of this Plan. Where higher or more stringent flow conditions currently exist on licences, these conditions will continue.

(tt)  for the Hunter Regulated River Alluvial Water Source, no flow classes are established by this Plan,

Note—

The augmentation of the local water utility in this water source may trigger review of the flow access rules specified within this Plan in accordance with clause 17 (2) (l).

(uu)  for the Wallis Creek Tidal Pool Water Source, no flow classes are established by this Plan,

Note—

Flow classes may be established during the term of this Plan as per the studies specified in clause 17 (2) (k) of this Plan.

(vv)  for the Paterson River Tidal Pool Water Source, no flow classes are established by this Plan,

Note—

Flow classes may be established during the term of this Plan as per the studies specified in clause 17 (2) (k) of this Plan.

(ww)  for the Hunter River Tidal Pool Water Source, no flow classes are established by this Plan,

Note—

Flow classes may be established during the term of this Plan as per the studies specified in clause 17 (2) (k) of this Plan.

(xx)  for the Kars Springs Management Zone in the Wybong Creek Water Source, as measured at Wybong Creek at Kars Springs and Wybong Creek 1:

(i)  the Very Low Flow Class is when there is no visible flow at either flow reference point, and

(ii)  A Class is when there is a visible flow at both flow reference points,

(yy)  for the Bunnan Management Zone in the Wybong Creek Water Source, as measured at Wybong Creek 1 and Wybong Creek 2:

(i)  the Very Low Flow Class is when there is no visible flow at either flow reference point, and

(ii)  A Class is when there is a visible flow at both flow reference points,

(zz)  for the White Rock Management Zone in the Wybong Creek Water Source, as measured at Wybong Creek 2 and Wybong Creek 3:

(i)  the Very Low Flow Class is when there is no visible flow at either flow reference point, and

(ii)  A Class is when there is a visible flow at both flow reference points,

(aaa)  for the Manobalai Management Zone in the Wybong Creek Water Source, as measured at Wybong Creek 3 and Manobalai gauge (210147):

(i)  the Very Low Flow Class is when there is no visible flow at either flow reference point, and

(ii)  A Class is when there is a visible flow at both flow reference points,

(bbb)  for the Wybong Management Zone in the Wybong Creek Water Source, as measured at Manobalai gauge (210147) and Wybong Creek gauge (210040):

(i)  the Very Low Flow Class is when there is no visible flow at either flow reference point, and

(ii)  A Class is when there is a visible flow at both flow reference points,

(ccc)  for the Cuan Management Zone in the Wybong Creek Water Source, as measured at Cuan Creek 1 and Cuan Creek 2:

(i)  the Very Low Flow Class is when there is no visible flow at either flow reference point, and

(ii)  A Class is when there is a visible flow at both flow reference points,

(ddd)  for the Cuan and Reedy Creeks Management Zone in the Wybong Creek Water Source, as measured at Cuan Creek 2 and Cuan Creek 3:

(i)  the Very Low Flow Class is when there is no visible flow at either flow reference point, and

(ii)  A Class is when there is a visible flow at both flow reference points.

(1A)  The following flow reference points are defined for the flow classes established in subclause (1) (xx)–(ddd):

(a)  Wybong Creek at Kars Springs is the ford across Little Creek Road at Kars Springs (145 metres from Kars Springs Road along Little Creek Road), 10 metres from the western boundary of Lot 33, DP 750946 (Parish of Terell, County of Brisbane),

(b)  Wybong Creek 1 is the cobble riffle extending 50 metres upstream from the Staunton Bridge across Wybong Creek at Bunnan on the southern boundary of Lot 1, DP 224163 (Parish of Webimble, County of Brisbane),

(c)  Wybong Creek 2 is the rock bar 50 metres upstream from the Ridgelands Road Bridge across Wybong Creek upstream of “White Rock”. The rock bar is situated on the common boundary point between Lot 207, DP 723279 (Parish of Webimble, County of Brisbane), Lot 6, DP 47284 (Parish of Webimble, County of Brisbane) and Lot 205, DP 720650 (Parish of Tyrone, County of Brisbane),

(d)  Wybong Creek 3 is the ford on Ridgelands Road across Wybong Creek at “Ridgelands”, adjacent to Lot 4, DP 113992 (Parish of Webimble, County of Brisbane) and Lot 1, DP 949967 (Parish of Guan Gua, County of Brisbane),

(e)  Manobalai gauge (210147) as shown on the Plan Map,

Note—

Real time flow data for the Manobalai gauge (210147) is provided on the Department’s website www.water.nsw.gov.au.

(f)  Wybong Creek gauge (210040) as shown on the Plan Map,

Note—

Real time flow data for the Wybong Creek gauge (210040) is provided on the Department’s website http://realtimedata.water.nsw.gov.au/water.stm.

(g)  Cuan Creek 1 is the rock bar immediately downstream of the Guan Guan Bridge across Cuan Creek, 8 kilometres east of Bunnan on the Merriwa to Scone Road,

(h)  Cuan Creek 2 is the rock bar in Cuan Creek adjacent to the cottage at “The Valley”, Lot 15, DP 750928 (Parish of Guan Guan, County of Brisbane),

(i)  Cuan Creek 3 is the cobble riffle extending 100 metres downstream of the southern boundary of Lot 1, DP 126490 (Parish of Guan Guan, County of Brisbane).

(2)  The Minister may amend subclauses (1) (a) to (1) (ww) to alter the existing flow classes or establish new or additional flow classes in:

(a)  the Baerami Creek, the Widden Brook, the Bylong River, the Wollar Creek, the Upper Goulburn River, the Lower Goulburn River, the Martindale Creek, the Doyles Creek and the Lower Wollombi Brook Water Sources, the Appletree Flat Management Zone of the Jerrys Water Source, the Segenhoe Management Zone of the Pages River Water Source, the Giants Creek Management Zone of the Halls Creek Water Source, and the Lower Dart Brook Management Zone, the Lower Middle Brook and the Kingdon Ponds Management Zone of the Dart Brook Water Source, by the commencement of year ten of this Plan, based on studies to determine appropriate groundwater levels, trigger points and groundwater dependent ecosystems, and appropriate infrastructure being in place to allow rule development, including the identification of appropriate commence to pump levels,

Note—

Commence to pump levels may be required to assist in the protection of recharge in highly connected surface waters and groundwater.

(b)  the Halls Creek Management Zone of the Halls Creek Water Source, and the Wollombi Brook Management Zone and the Congewai Creek Management Zone of the Upper Wollombi Brook Water Source, by the commencement of year ten of this Plan, based on studies to determine appropriate groundwater levels or surface water levels, and flow reference points, to allow rule development,

(c)  the Upper Dart Brook Management Zone and the Upper Middle Brook Management Zone of the Dart Brook Water Source, and the Scotts Creek Management Zone of the Pages River Water Source, by the commencement of year six of this Plan, such that the top of the Very Low Flow Class is set at a flow equal to or less than the 95th percentile flow level, subject to consideration of the socio-economic impacts and environmental requirements,

(d)  the Gundy Management Zone of the Pages River Water Source, by the commencement of year six of this Plan, such that the top of the Very Low Flow Class is equal to or less than 0.6 ML/day, subject to consideration of the socio-economic impacts of the increased cease to pump level on water users, and the environmental requirements of the water source,

Note—

In the Gundy Management Zone 0.6 ML/day (cease to pump) and 1.0 ML/day (commence to pump) access rules were originally proposed by the Pages River and Tributaries Water Users Association (WUA) as part of the targeted consultation period. In light of concerns raised by water users about the implementation of access rules at this level for the specified five year period, the WUA is encouraged to review the frequency of these flow levels and impacts on the taking of water and livelihood during the first five years of this Plan to help inform the setting of appropriate cease to pump rules at year six of this Plan.

(e)  in the Kewell Creek Management Zone in the Pages River Water Source, following an amendment under paragraph (d) and the extension of flow records for the Pages River upstream of Kewell Creek gauge (210142), such that:

(i)  the top of the Very Low Flow Class is equal to the equivalent flow to the top of the Very Low Flow Class for the Gundy Management Zone as measured at the Pages River at Gundy Recorder gauge (210052), or

(ii)  the top of the Very Low Flow Class and the top of A Class are based on correlation of flows between the Pages River upstream of Kewell Creek gauge (210142), the Pages River at Gundy Recorder gauge (210052) and the Pages River at Blandford gauge (210061),

Note—

The correlation of flows for the Kewell Creek Management Zone may result in a change to the flow reference point used for the access rules or the need for a separate management zone for Kewell Creek.

(f)  the Upper Hunter Water Source, by year ten of this Plan, following the extension of flow records for the Hunter River at Belltrees gauge (210039) and consultation with water users:

(i)  for the Upper Hunter Management Zone to specify:

(1)  the top of the Very Low Flow Class being when flows are at or below the equivalent percentile flow at the Hunter River at Belltrees gauge (210039) to flows in the Hunter River at Moonan Damsite gauge (210018) as specified in clause 17 (1) (u), and the bottom of A Class as being when flows are greater than that equivalent percentile flow, or

(2)  if more appropriate, a new management zone established between Hunter River at Moonan Damsite gauge (210018) with the top of the Very Low Flow Class being when flows are at or below the equivalent percentile flow at the Hunter River at Belltrees gauge (210039) to flows in the Hunter River at Moonan Damsite gauge (210018) as specified in clause 17 (1) (u), and the bottom of A Class as being when flows are greater than that equivalent percentile flow, and

(ii)  for the Stewarts Brook Management Zone, such that the top of the Very Low Flow Class is when there is no visible flow at the Hunter River at Moonan Damsite gauge (210018) or the flow at Belltrees gauge (210039) is at or below the 95^th percentile flow, and such that the bottom of A Class is when there is a visible flow at the Hunter River at Moonan Damsite gauge (210018) and the flow at Belltrees gauge (210039) is greater than the 95^th percentile flow,

(g)  the Allyn River Management Zone of the Paterson/Allyn Water Source, by year ten of this Plan, following the introduction of a new flow gauge within the management zone located at a point lower in the system than the existing gauge and studies to investigate equivalent flow class levels, based on flow data from the new gauge,

(h)  the Merriwa River Water Source, following the reinstatement of infrastructure within the water source, taking into account the previous licence conditions relevant to the Merriwa Town gauge,

(i)  the Williams River Water Source, during the term of this Plan:

(i)  due to the implementation of the Williams River Flow Accreditation Scheme, to amend the Very Low Flow Class and Low Flow Class, and

(ii)  to amend the Very Low Flow Class for users extracting from the Seaham Weir Management Zone, following any studies to determine the appropriateness of the 0.38 metres cease to pump flow level in protecting environmental values,

(j)  the Upper Paterson Water Source, from year six of this Plan, following any introduction of a flow gauge within the water source and studies to investigate the 95th percentile flow level,

(k)  in the Hunter River Tidal Pool, the Wallis Creek Tidal Pool and the Paterson River Tidal Pool Water Sources, during the term of this Plan, following a study to determine the appropriate location for the installation of a salinity probe, or other relevant infrastructure, and assessment of the users and the taking of water within the water source,

Note—

It is recognised that tidal pool water sources are different systems from those upstream. Tidal influences and salinity may impact on the ability of users to extract water generally more than instantaneous flow levels. Flow levels are used to manage upstream water sources, however, in tidal pool water sources different management options such as salinity levels should be considered. The differences between the tidal pool water sources in the Hunter should also be noted. For example the Paterson River Tidal Pool Water Source and Hunter River Tidal Pool Water Source receive different end of system flows due to the respective upstream Water Sharing Plans for the regulated river systems, and also have differing characteristics which may influence salinity levels (e.g. the size and frequency of freshes). As a result the tidal pool water sources may not only have different access rules in their respective upstream water sources but also from each other due to the unique characteristics of each tidal pool area.

(l)  the Pages River Water Source, the Dart Brook Water Source, the Lower Goulburn River Water Source, the Hunter Regulated River Alluvial Water Source, during the term of this Plan, based on augmentation of the local water utility,

(m)  the Rouchel Brook Water Source, by the commencement of year six of this Plan, such that the top of the Very Low Flow Class on a falling river is within the range of 0 ML/day and 2 ML/day, subject to consideration of the socio-economic impacts and environmental requirements,

(n)  the Isis River Water Source, by the commencement of year six of this Plan, if:

(i)  separate management zones are not established under clause 6, such that the top of the Very Low Flow Class on a falling river is equal to the 95^th percentile flow level or 1.5 ML/day, whichever is the higher, subject to consideration of the socio-economic impacts and environmental requirements, and

(ii)  separate management zones are established:

(1)  for an upper management zone, a cease to pump based on studies to determine an appropriate surface water cease to pump level, including consideration of longitudinal connectivity and links between flows in the upper management zone and water levels in remnant pools in the lower management zone, and flow reference points, and

(2)  for a lower management zone, such that the top of the Very Low Flow Class on a falling river is equal to the 95^th percentile flow level or 1.5 ML/day, whichever is the higher, subject to consideration of the socio-economic impacts and environmental requirements, and

Note—

In the Isis River Water Source the determination of a cease to pump level should take into the consideration the initial cease and commence to pump levels of 1.5 ML/day and 3 ML/day respectively originally proposed by the Pages River and Tributaries Water Users Association (WUA) as part of the targeted consultation period. In light of concerns raised by water users about the implementation of access rules at this level for the specified five year period, the WUA is encouraged to review the frequency of these flow levels and impacts on the taking of water and livelihood during the first five years of this Plan to help inform the setting of appropriate access rules at year six of this Plan. There is currently insufficient data available from the river gauge on the Isis River to determine the 95th percentile.

(o)  any water source where management zones or water sources are added or amended as per clause 6 during the term of this Plan.

(3)  The Minister may amend the existing flow classes or establish new or additional flow classes based on the introduction of a Flow Accreditation Scheme to a water source.

Note—

This reflects the level of interest shown by many Water Users Associations during the targeted consultation period to the potential application (dependent on available resources) of the Flow Accreditation Scheme, currently being trialled in the Williams River, to other water sources in the future. It is recognised that management of water extraction is only one component of river management and many landholders are carrying out on-farm activities to achieve environmental outcomes.

cl 17: Am 2009 No 106, Sch 2.47 [3]; 2013 (87), Sch 1 [9]–[49]; 2016 (388), Sch 1 [18]–[21].

Part 4 Environmental water provisions

18 Environmental water provisions

This Part is made in accordance with sections 8, 8A, 8B, 8C, 8D, 8E and 20 (1) (a) of the Act.

19 Planned environmental water

(1)  Planned environmental water is identified and established in these water sources as follows:

(a)  water volume in excess of the respective long-term average annual extraction limit established in clause 44 of this Plan may not be taken and used for any purpose in these water sources, thereby protecting a proportion of river flows for fundamental ecosystem needs from increases in long-term water extraction, and

(b)  for all water sources, the water remaining in the water source after the taking of water to meet basic landholder rights and for access licences in accordance with the rules identified in subclause (3) and clause 68.

(2)  The planned environmental water established in subclause (1) (a) for these water sources is maintained by the rules in clause 47 that limit the availability of water for extraction under access licences, thereby protecting a proportion of natural river flows for fundamental ecological needs from increases in long-term water extraction.

(3)  Subject to subclause (8), the planned environmental water established in subclause (1) (b) is maintained as follows:

(a)  subject to paragraph (i), water must not be taken under an access licence with a share component that specifies a water source or an extraction component that specifies a management zone with a Very Low Flow Class that has commenced, when flows are in the relevant Very Low Flow Class. This paragraph does not apply to a major utility access licence with an extraction component which specifies the Seaham Weir Management Zone in the Williams River Water Source, when:

(i)  flows in the Williams River at the Glen Martin (Mill Dam Falls) gauge (210010) are greater than 600 ML/day, and

(ii)  the water level in the Seaham Weir Pool in the William River Water Source, as measured at the visual gauge board, is greater than 0.32 metres pool height,

Note—

The effect of this paragraph is that major utility access licences in the Seaham Weir Management Zone in the Williams River Water Source are permitted to commence pumping when flows are in the Very Low Flow Class when a high flow event is occurring. The system shall be managed such that there will be at least 0.32 metres pool height in Seaham Weir Pool at the end of the event.

(b)  subject to paragraph (i), water must not be taken under an access licence where a cease to take condition that was specified in the Water Act 1912 entitlement that the access licence replaces is, in the Minister’s opinion, higher than:

(i)  the upper limit of the relevant Very Low Flow Class (as specified in clause 17), or

(ii)  the access rules specified in paragraph (c)–(e),

when flows are at or less than the cease to take condition that was specified in the replaced Water Act 1912 entitlement. The rules in this paragraph do not apply to the Wybong Creek Water Source,

(c)  subject to paragraph (i), an access licence must not be used to take water in the Rouchel Brook Water Source:

(i)  if there is no visible flow in the water source at the location at which water is proposed to be taken, or

(ii)  where water is being taken from a pool, if there is no visible inflow or outflow to and from that pool,

(d)  subject to paragraph (i), from year six of this Plan, an access licence must not be used to take water in the Munmurra River Water Source, the Krui River Water Source, the Bow River Water Source, the Muswellbrook Water Source, the Jerrys Water Source, the Glendon Brook Water Source, the Luskintyre Water Source, the Singleton Water Source, the Black Creek Water Source, the Wallis Creek Water Source, the Paterson River Tributaries Management Zone in the Paterson/Allyn Rivers Water Source, the Petwyn Vale Management Zone in the Dart Brook Water Source, the North Lake Macquarie Water Source excluding Cockle Creek catchment, the South Lake Macquarie Water Source, the Dora Creek Water Source, excluding Dora Creek catchment and the Newcastle Water Source:

(i)  if there is no visible flow in the water source at the location at which water is proposed to be taken, or

(ii)  where water is being taken from a pool, if there is no visible inflow and outflow to and from that pool,

(e)  subject to paragraph (i), for the first five years of this Plan, an access licence must not be used to take water from the Merriwa River Water Source if there is no visible flow in the water source at the location at which water is proposed to be taken,

(f)  water must not be taken under any of the following access licences when flows are in the Very Low Flow Class, A Class, A1 Class or A2 Class:

(i)  an unregulated river (subcategory “Aboriginal community development”) access licence,

(ii)  an unregulated river (high flow) access licence,

(g)  water must not be taken under a major utility access licence with an extraction component which specifies the Allyn River Management Zone in the Paterson/Allyn Rivers Water Source when flows are in the Very Low Flow Class or A1 Class, unless the presence of blue green algae at the Gresford Water Treatment Plant offtake prevents the water in the Paterson Regulated River to be treated to a potable standard,

(h)  water must not be taken under an unregulated river access licence with an extraction component which specifies the Williams River Management Zone in the Williams River Water Source when flows are in the:

(i)  Very Low Flow Class or Low Flow Class if the access licence holder is not accredited under the Williams River Accreditation Scheme,

(ii)  Very Low Flow Class if the access licence holder is accredited under the Williams River Accreditation Scheme,

(i)  paragraphs (a)–(e) do not apply to the following:

(i)  the taking of water under an access licence to which Schedule 2 applies, for any of the following purposes, provided that the volume of water taken does not exceed 20 kilolitres per day per access licence or such lower amount specified in accordance with paragraph (j):

(1)  fruit washing,

(2)  cleaning of dairy plant and equipment for the purpose of hygiene,

(3)  poultry watering and misting, or

(4)  cleaning of enclosures used for intensive animal production for hygiene purposes,

(ii)  the taking of water for domestic consumption under a domestic and stock access licence or a domestic and stock (subcategory “domestic”) access licence in these water sources, excluding the Wybong Creek Water Source, that existed at the commencement of this Plan, provided that the volume of water taken does not exceed 1 kilolitre per house supplied by the access licence per day,

Note—

Domestic consumption is defined in section 52 of the Act.

(iii)  the taking of water for domestic consumption under a domestic and stock access licence or a domestic and stock (subcategory “domestic”) access licence in the Wybong Creek Water Source, that existed at the commencement of the Water Sharing Plan for the Wybong Creek Water Source 2003, provided that the volume of water taken does not exceed 1 kilolitre per house supplied by the access licence per day,

(iv)  the taking of water using a runoff harvesting dam or from an in-river dam pool,

(v)  the taking of water under all access licences that nominate a water supply work that may be used to take water from the alluvial sediments in these water sources to which the access rules for unregulated river access licences do not apply as specified in clause 68, and

(vi)  the taking of water under a local water utility access licence to which Schedule 2 applies, until such time as the Minister is satisfied that major augmentation of the access licence holder’s water supply system has occurred, for the purposes of town water supply only,

(j)  the Minister may reduce the maximum daily volume limit imposed by the rule under paragraph (i) (i) if the Minister is satisfied that the reduced volume is satisfactory to meet the purpose referred to in that subclause,

(k)  water must not be taken from an in-river dam pool unless the in-river dam is passing such flows in such circumstances as specified on the water supply work approval for the in-river dam,

(l)  the flows and circumstances to be specified on the water supply work approval for the in-river dam referred to in paragraph (k) are:

(i)  the flows and circumstances that were specified in conditions on the Water Act 1912 entitlement that the approval replaces, or

(ii)  where no flows and circumstances were specified on the Water Act 1912 entitlement, the flows and circumstances determined by the Minister,

(m)  paragraphs (k) and (l) do not apply to a water supply work owned and operated by Hunter Water Corporation in the Seaham Weir Management Zone in the Williams River Water Source,

(n)  the access rules specified in clauses 41A and 68 which apply to access licences that nominate a water supply work that may be used to take water from the alluvial sediments in these water sources as specified in those clauses,

(o)  water must not be taken under one of the following access licences with a share component that specifies a water source where a B Class has not been established under clause 17 of this Plan, unless flows exceed a flow class or level determined by the Minister:

(i)  a new local water utility access licence granted after the commencement of this Plan pursuant to section 66 (3) or (4) of the Act,

(ii)  a new major utility (subcategory “Urban water”) access licence granted after the commencement of this Plan that has not replaced a local water utility access licence, and

(p)  water must not be taken under one of the following access licences with a share component that specifies a water source where a B Class has been established under clause 17, when flows are in the Very Low Flow Class or A Class:

(i)  a new local water utility access licence granted after the commencement of this Plan pursuant to section 66 (3) or (4) of the Act,

(ii)  a new major utility (subcategory “Urban water”) access licence granted after the commencement of this Plan that has not replaced a local water utility access licence, or

(iii)  a new access licence with a zero share component granted after the commencement of this Plan.

Note—

These rules protect the water for the environment by limiting both water extracted over the long-term and the taking of water, in accordance with the objectives of this Plan. Highly connected water sources may not have such rules in place until year ten of this Plan.

Note—

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

(4)  Following the establishment of a flow class or flow classes within any water source under clauses 17 (2) and 17 (3) of this Plan, the Minister may amend subclauses (1), (2) and (3) to identify, establish and maintain planned environmental water in the relevant water source.

(5)  The Minister may amend subclause (3) (a) upon completion of studies by Hunter Water Corporation to develop water access rules for the Lower Williams River based on the outcomes of the ‘Surface Water Access Rules for the Lower Williams River’ Supplementary Study.

(6)  Subject to clause 88, the Minister may amend subclause (3) to identify pools in the rivers in these water sources that require special protection and establish access rules such that extraction of water is not permitted from pools when water levels fall below a control level at a key site.

(7)  Following an amendment under subclause (6), the Minister may amend subclause (3) such that access licences on pools subject to a pool control level rule are not subject to an access rule that requires a visible inflow and outflow to and from that pool.

(8)  Subclause (3) does not apply to the taking of water under an access licence that is used:

(a)  to take water from the alluvial sediments in these water sources except as provided by clause 68, or

(b)  in association with an aquifer interference activity that is an approved EP&A Act development when:

(i)  in the Minister’s opinion, there are no reasonably practicable measures the access licence holder can take to comply with the access rules under this clause, and

(ii)  the access licence holder has a water management plan for the aquifer interference activity that has been approved in accordance with the development consent for the activity under the Environmental Planning and Assessment Act 1979, and

(iii)  the water management plan includes conditions that require the return of water to the water source to mitigate the taking of water during times when the access rules apply under this clause, or

(c)  in association with an aquifer interference activity when:

(i)  in the Minister’s opinion, there are no reasonably practicable measures the access licence holder can take to comply with the access rules under this clause, and

(ii)  the access licence holder has a water management plan for the aquifer interference activity that has been approved by the Minister, and

(iii)  the water management plan includes conditions that require the return of water to the water source to mitigate the taking of water during times when the access rules apply under this clause.

Note—

Approved EP&A Act development is defined in the Dictionary.

cl 19: Am 2013 (87), Sch 1 [50] [51]; 2016 (388), Sch 1 [22]–[25].

20 (Repealed)

cl 20: Rep 2013 (87), Sch 1 [52].

Part 5 Basic landholder rights

21 Basic landholder rights

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

22 Domestic and stock rights

(1)  The water requirements of holders of domestic and stock rights within these water sources are estimated to total 40.43 megalitres per day (hereafter ML/day) and are distributed as follows:

(a)  0.94 ML/day in the Munmurra River Water Source,

(b)  0.87 ML/day in the Krui River Water Source,

(c)  0.36 ML/day in the Bow River Water Source,

(d)  1.71 ML/day in the Merriwa River Water Source,

(e)  0.60 ML/day in the Halls Creek Water Source,

(f)  0.32 ML/day in the Baerami Creek Water Source,

(g)  0.19 ML/day in the Widden Brook Water Source,

(h)  1.01 ML/day in the Bylong River Water Source,

(i)  0.04 ML/day in the Wollar Creek Water Source,

(j)  0.32 ML/day in the Upper Goulburn River Water Source,

(k)  0.66 ML/day in the Lower Goulburn River Water Source,

(l)  4.77 ML/day in the Dart Brook Water Source,

(m)  2.33 ML/day in the Pages River Water Source,

(n)  1.73 ML/day in the Isis River Water Source,

(o)  3.27 ML/day in the Upper Hunter River Water Source,

(p)  0.47 ML/day in the Rouchel Brook Water Source,

(q)  0.14 ML/day in the Muswellbrook Water Source,

(r)  2.14 ML/day in the Jerrys Water Source,

(s)  0.82 ML/day in the Glennies Water Source,

(t)  0.34 ML/day in the Glendon Brook Water Source,

(u)  0.22 ML/day in the Luskintyre Water Source,

(v)  1.00 ML/day in the Singleton Water Source,

(w)  0.32 ML/day in the Martindale Creek Water Source,

(x)  0.03 ML/day in the Doyles Creek Water Source,

(y)  1.04 ML/day in the Lower Wollombi Brook Water Source,

(z)  0.42 ML/day in the Black Creek Water Source,

(aa)  2.39 ML/day in the Wallis Creek Water Source,

(bb)  0.78 ML/day in the Newcastle Water Source,

(cc)  1.71 ML/day in the Paterson/Allyn River Water Source,

(dd)  4.81 ML/day in the Williams River Water Source,

(ee)  0.07 ML/day in the Upper Paterson Water Source,

(ff)  0.36 ML/day in the Upper Wollombi Brook Water Source,

(gg)  0.12 ML/day in the North Lake Macquarie Water Source,

(hh)  0.07 ML/day in the South Lake Macquarie Water Source,

(ii)  0.22 ML/day in the Dora Creek Water Source,

(jj)  2.7 ML/day in the Hunter Regulated River Alluvial Water Source,

Note—

This estimate includes domestic and stock rights for aquifer users only.

(kk)  0.07 ML/day in the Wallis Creek Tidal Pool Water Source,

(ll)  0.16 ML/day in the Hunter River Tidal Pool Water Source,

(mm)  0.16 ML/day in the Paterson River Tidal Pool Water Source, and

(nn)  0.75 ML/day in the Wybong Creek Water Source.

Note—

The estimates of domestic and stock rights in the Munmurra River, Krui River, Bow River, Merriwa River, Halls Creek, Baerami Creek, Widden Brook, Bylong River, Wollar Creek, Upper Goulburn River, Lower Goulburn River, Dart Brook, Pages River, Martindale Creek, Lower Wollombi Brook, Wybong Creek Water Source and Upper Wollombi Brook water sources include both aquifer and unregulated users.

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

Note—

Domestic and stock rights must be exercised in accordance with any mandatory guidelines established under section 336B of the Act with respect to the taking and use of water for domestic consumption or stock watering.

An 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 or overlying alluvial groundwater in these water sources and/or as a result of the increase in the exercise of basic landholder rights by existing landholders.

Inherent water quality and land use activities may make the water in some areas unsuitable for human consumption. Water from these water sources should not be consumed without it first being tested and appropriately treated.

cl 22: Am 2016 (388), Sch 1 [26].

23 Native title rights

(1)  At the commencement of this Plan there are no native title rights in these water sources and therefore the water requirements for native title rights total 0 ML/year.

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

Note—

A change in native title rights may occur pursuant to the provisions of the Native Title Act 1993 (Cth).

24 Harvestable rights

The requirement for water under harvestable rights is the amount of water that owners of land are entitled to capture pursuant to a harvestable rights order made under section 54 of the Act and published from time to time in the NSW Government Gazette.

Part 6 Bulk access regime

25 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 these water sources 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 climate 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 10, Division 1 of this Plan,

(d)  establishes rules according to which available water determinations are to be made as provided for in Part 10, Division 1 of this Plan,

(e)  establishes rules according to which access licences are managed as provided for in Parts 10 and 11 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 Part 10 of this Plan.

Part 7 Requirements for water under access licences

26 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 or unit shares specified in the share components on access licences in these water sources. The actual volumes of water available at any time will depend on climate, access licence priority and the rules in this Plan.

27 Share component of domestic and stock access licences

It is estimated that the share components of domestic and stock access licences authorised to extract water from these water sources total 836.5 megalitres per year (hereafter ML/year), distributed as follows:

(a)  6 ML/year in the Munmurra River Water Source,

(b)  0 ML/year in the Krui River Water Source,

(c)  1 ML/year in the Bow River Water Source,

(d)  6.5 ML/year in the Merriwa River Water Source,

(e)  41 ML/year in the Halls Creek Water Source,

(f)  0 ML/year in the Baerami Creek Water Source,

(g)  5 ML/year in the Widden Brook Water Source,

(h)  0 ML/year in the Bylong River Water Source,

(i)  19 ML/year in the Wollar Creek Water Source,

(j)  8 ML/year in the Upper Goulburn River Water Source,

(k)  84.5 ML/year in the Lower Goulburn River Water Source,

(l)  87 ML/year in the Dart Brook Water Source,

(m)  94.5 ML/year in the Pages River Water Source,

(n)  13 ML/year in the Isis River Water Source,

(o)  18 ML/year in the Upper Hunter River Water Source,

(p)  11 ML/year in the Rouchel Brook Water Source,

(q)  67 ML/year in the Muswellbrook Water Source,

(r)  7 ML/year in the Jerrys Water Source,

(s)  0 ML/year in the Glennies Water Source,

(t)  16.5 ML/year in the Glendon Brook Water Source,

(u)  2 ML/year in the Luskintyre Water Source,

(v)  7 ML/year in the Singleton Water Source,

(w)  5 ML/year in the Martindale Creek Water Source,

(x)  0 ML/year in the Doyles Creek Water Source,

(y)  90 ML/year in the Lower Wollombi Brook Water Source,

(z)  93 ML/year in the Black Creek Water Source,

(aa)  2 ML/year in the Wallis Creek Water Source,

(bb)  0 ML/year in the Newcastle Water Source,

(cc)  11.5 ML/year in the Paterson/Allyn River Water Source,

(dd)  24 ML/year in the Williams River Water Source,

(ee)  0 ML/year in the Upper Paterson Water Source,

(ff)  12 ML/year in the Upper Wollombi Brook Water Source,

(gg)  0 ML/year in the North Lake Macquarie Water Source,

(hh)  0 ML/year in the South Lake Macquarie Water Source,

(ii)  5 ML/year in the Dora Creek Water Source,

(jj)  0 ML/year in the Hunter Regulated River Alluvial Water Source,

(kk)  0 ML/year in the Wallis Creek Tidal Pool Water Source,

(ll)  0 ML/year in the Hunter River Tidal Pool Water Source,

(mm)  0 ML/year in the Paterson River Tidal Pool Water Source, and

(nn)  100 ML/year in the Wybong Creek Water Source.

Note—

Prior to the commencement of this Plan, use within the Wallis Creek Tidal Pool Water Source, the Hunter River Tidal Pool Water Source and the Paterson River Tidal Pool Water Source was not licenced.

cl 27: Subst 2016 (388), Sch 1 [27].

28 Share component of local water utility access licences

It is estimated that the share components of local water utility access licences authorised to extract water from these water sources total 5,597 ML/year, distributed as follows:

(a)  232 ML/year in the Pages River Water Source,

(b)  198 ML/year in the Dart Brook Water Source,

(c)  105 ML/year in the Lower Goulburn River Water Source,

(d)  55 ML/year in the Munmurra River Water Source,

(e)  4,932 ML/year in the Hunter Regulated River Alluvial Water Source,

(f)  75 ML/year in the Paterson/Allyn River Water Source, and

(g)  0 ML/year in all other water sources.

cl 28: Am 2016 (388), Sch 1 [28].

29 Share component of major utility access licences

It is estimated that the share components of major utility access licences authorised to extract water from these water sources total 346,700 ML/year, distributed as follows:

(a)  100,000 ML/year in the Newcastle Water Source,

(b)  239,000 ML/year in the Williams River Water Source, including 189,000 ML/year extracted at Balickera Pumping Station, and 50,000 ML/year extracted at Chichester Dam,

Note—

The 189,000 ML/year specified provides for Grahamstown Dam to be filled during a single wet year. This figure is an interim figure pending the completion of the supplementary study on Development of Access Rules for the Lower Williams River. Total use from the Williams River and Newcastle Water Sources will be limited by the Operating Licence and the Integrated Water Resources Plan. The Integrated Water Resources Plan may be amended during the term of this Plan to allow for future growth in the area of operation of the major utility.

(c)  7,700 ML/year in the Jerrys Water Source, and

(d)  0 ML/year in all other water sources.

cl 29: Subst 2016 (388), Sch 1 [29].

30 Share component of unregulated river access licences

It is estimated that the share components of unregulated river access licences authorised to extract water from these water sources total 88,706.5 unit shares, distributed as follows:

(a)  109 unit shares in the Munmurra River Water Source,

(b)  1,449 unit shares in the Krui River Water Source,

(c)  200 unit shares in the Bow River Water Source,

(d)  4,024 unit shares in the Merriwa River Water Source,

(e)  3,096 unit shares in the Halls Creek Water Source,

(f)  1,490 unit shares in the Baerami Creek Water Source,

(g)  2,007 unit shares in the Widden Brook Water Source,

(h)  65 unit shares in the Bylong River Water Source,

(i)  78 unit shares in the Wollar Creek Water Source,

(j)  1,661 unit shares in the Upper Goulburn River Water Source,

(k)  14,205 unit shares in the Lower Goulburn River Water Source,

(l)  1,219 unit shares in the Dart Brook Water Source,

(m)  4,639 unit shares in the Pages River Water Source,

(n)  2,000 unit shares in the Isis River Water Source,

(o)  3,394 unit shares in the Upper Hunter River Water Source,

(p)  1,086 unit shares in the Rouchel Brook Water Source,

(q)  531 unit shares in the Muswellbrook Water Source,

(r)  2,573 unit shares in the Jerrys Water Source,

(s)  260 unit shares in the Glennies Water Source,

(t)  1,530 unit shares in the Glendon Brook Water Source,

(u)  387 unit shares in the Luskintyre Water Source,

(v)  960 unit shares in the Singleton Water Source,

(w)  3,241 unit shares in the Martindale Creek Water Source,

(x)  570 unit shares in the Doyles Creek Water Source,

(y)  6,663 unit shares in the Lower Wollombi Brook Water Source,

(z)  5,113 unit shares in the Black Creek Water Source,

(aa)  490 unit shares in the Wallis Creek Water Source,

(bb)  551 unit shares in the Newcastle Water Source,

(cc)  3,645.5 unit shares in the Paterson/Allyn River Water Source,

(dd)  8,239 unit shares in the Williams River Water Source,

(ee)  196 unit shares in the Upper Paterson Water Source,

(ff)  2,703 unit shares in the Upper Wollombi Brook Water Source,

(gg)  1,216 unit shares in the North Lake Macquarie Water Source,

(hh)  169 unit shares in the South Lake Macquarie Water Source,

(ii)  859 unit shares in the Dora Creek Water Source,

(jj)  0 unit shares in the Hunter Regulated River Alluvial Water Source,

(kk)  0 unit shares in the Wallis Creek Tidal Pool Water Source,

(ll)  0 unit shares in the Hunter River Tidal Pool Water Source,

(mm)  0 unit shares in the Paterson River Tidal Pool Water Source, and

(nn)  8,088 unit shares in the Wybong Creek Water Source.

Note—

Prior to the commencement of this Plan, use within the Wallis Creek Tidal Pool Water Source, the Hunter River Tidal Pool Water Source and the Paterson River Tidal Pool Water Source was not licenced.

Note—

The total share components for unregulated river access licences specified in the clause above include total share components for unregulated river (subcategory “Aboriginal community development”) access licences.

cl 30: Am 2013 (87), Sch 1 [53]. Subst 2016 (388), Sch 1 [30].

31 Share component of unregulated river (high flow) access licences

It is estimated that, the share components of unregulated river (high flow) access licences authorised to extract water from these water sources total 42 unit shares, distributed as follows:

(a)  a total of 0 unit shares in the Pages River Water Source,

(b)  a total of 0 unit shares in the Isis River Water Source,

(c)  a total of 0 unit shares in the Lower Wollombi Brook Water Source,

(d)  a total of 0 unit shares in the Rouchel Brook Water Source, and

(e)  a total of 42 unit shares in the Paterson/Allyn Rivers Water Source.

Note—

The Pages River Water Source, the Isis River Water Source, the Lower Wollombi Brook Water Source, the Rouchel Brook Water Source and the Paterson/Allyn Rivers Water Sources are the only water sources within this Plan area which have been identified as suitable for unregulated river (high flow) access licences. This Plan allows for a specified amount of unregulated river access licences to be converted to the unregulated river (high flow) access licences, however at the commencement of this Plan, apart from an existing licence in the Paterson/Allyn Rivers Water Source, there are no other existing access licences of this category hence the 0 unit shares indicated.

cl 31: Am 2016 (388), Sch 1 [31].

32 Share component of aquifer access licences

It is estimated that the share components of aquifer access licences authorised to extract water from these water sources total 82,762 unit shares, distributed as follows:

(a)  10 unit shares in the Munmurra River Water Source,

(b)  5 unit shares in the Krui River Water Source,

(c)  5 unit shares in the Bow River Water Source,

(d)  900 unit shares in the Merriwa River Water Source,

(e)  421 unit shares in the Halls Creek Water Source,

(f)  2,259 unit shares in the Baerami Creek Water Source,

(g)  1,191 unit shares in the Widden Brook Water Source,

(h)  5,843 unit shares in the Bylong River Water Source,

(i)  1,354 unit shares in the Wollar Creek Water Source,

(j)  2 unit shares in the Upper Goulburn River Water Source,

(k)  2,494 unit shares in the Lower Goulburn River Water Source,

(l)  28,051 unit shares in the Dart Brook Water Source,

(m)  8,059 unit shares in the Pages River Water Source,

(n)  0 unit shares in the Isis River Water Source,

(o)  0 unit shares in the Upper Hunter River Water Source,

(p)  0 unit shares in the Rouchel Brook Water Source,

(q)  0 unit shares in the Muswellbrook Water Source,

(r)  0 unit shares in the Jerrys Water Source,

(s)  0 unit shares in the Glennies Water Source,

(t)  0 unit shares in the Glendon Brook Water Source,

(u)  0 unit shares in the Luskintyre Water Source,

(v)  0 unit shares in the Singleton Water Source,

(w)  593 unit shares in the Martindale Creek Water Source,

(x)  0 unit shares in the Doyles Creek Water Source,

(y)  5,071 unit shares in the Lower Wollombi Brook Water Source,

(z)  0 unit shares in the Black Creek Water Source,

(aa)  0 unit shares in the Wallis Creek Water Source,

(bb)  0 unit shares in the Newcastle Water Source,

(cc)  0 unit shares in the Paterson/Allyn River Water Source,

(dd)  0 unit shares in the Williams River Water Source,

(ee)  0 unit shares in the Upper Paterson Water Source,

(ff)  10 unit shares in the Upper Wollombi Brook Water Source,

(gg)  0 unit shares in the North Lake Macquarie Water Source,

(hh)  0 unit shares in the South Lake Macquarie Water Source,

(ii)  0 unit shares in the Dora Creek Water Source,

(jj)  24,132 unit shares in the Hunter Regulated River Alluvial Water Source,

(kk)  0 unit shares in the Wallis Creek Tidal Pool Water Source,

(ll)  0 unit shares in the Hunter River Tidal Pool Water Source,

(mm)  0 unit shares in the Paterson River Tidal Pool Water Source, and

(nn)  2,362 unit shares in the Wybong Creek Water Source.

Note—

Prior to the commencement of this Plan, use within the Wallis Creek Tidal Pool Water Source, the Hunter River Tidal Pool Water Source and the Paterson River Tidal Pool Water Source was not licenced.

Note—

The total share components for aquifer access licences specified in these water sources could be higher as a result of additional share components for unidentified aquifer access licences in the alluvial groundwater.

cl 32: Am 2013 (87), Sch 1 [54]. Subst 2016 (388), Sch 1 [32].

33 Changes to total share components

This Plan recognises that the total requirements for water for extraction within these water sources may change during the term of this Plan as a result of:

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

(b)  the granting, surrender or cancellation of access licences through a dealing under Part 13 of this Plan,

(c)  the variation of local water utility licences under section 66 of the Act,

(d)  the variation of major utility (subcategory “urban water”) water access licence(s) held by Hunter Water Corporation,

Note—

In the event that Hunter Water Corporation takes on the share component of a cancelled local water utility access licences, the share component of the major utility (subcategory “urban water”) access licence may be increased by the amount of the cancelled access licence.

(e)  the re-allocation of access licences into or out of a water source covered by this Plan where they have been incorrectly identified in relation to the taking of water from that water source, and

(f)  any changes due to the volumetric conversion of Water Act 1912 entitlements that are currently non-volumetric.

cl 33: Am 2016 (388), Sch 1 [33].

Part 8 Rules for granting access licences

34 Rules for granting access licences

(1)  This Part is made in accordance with sections 20 (2) (b), 61 and 63 of the Act, having regard to the limits to water availability in these water sources and the need to protect dependent ecosystems.

(2)  In addition to those applications for specific purpose access licences permitted under clause 19 of the Water Management (General) Regulation 2004 (hereafter the Regulation) applications may also be made in these water sources for access licences, as follows:

(a)  an access licence that may be granted in accordance with an access licence dealing,

Note—

Dealings include the conversion of unregulated river access licences to unregulated river (high flow) access licences as specified in clause 72 of this Plan.

(b)  an unregulated river (subcategory “Aboriginal community development”) access licence for the taking of water from B Class flows only in any of the following water sources only:

(i)  Pages River Water Source,

(ii)  Isis River Water Source,

(iii)  Lower Wollombi Brook Water Source,

(iv)  Paterson/Allyn River Water Source, and

(v)  Rouchel Brook Water Source,

(c)  an unregulated river (subcategory “Aboriginal community development”) access licence, must not be granted if the granting of the access licence would cause the total share components of unregulated river (subcategory “Aboriginal community development”) access licences to exceed:

(i)  the sum of 170 unit shares in both the Pages River Water Source and the Isis River Water Source,

(ii)  208 unit shares in the Lower Wollombi Brook Water Source,

(iii)  318 unit shares in the Paterson/Allyn River Water Source, and

(iv)  192 unit shares in the Rouchel Brook Water Source, and

Note—

Approval for granting of an unregulated river (subcategory “Aboriginal community development”) access licence will be subject to assessment of the application in regard to the level of impact of the proposed extraction. This may include consideration of the potential impact on high flow (e.g. flows greater than the 50th percentile flow) values, and any potential impact on the water source as a whole. An unregulated river (subcategory “Aboriginal community development”) access licence will not be granted in management zones where no B Class has been established.

Note—

An unregulated river (subcategory “Aboriginal community development”) access licence is a specific purpose access licence and as such can only be the subject of limited trade that is consistent with the purpose for which the licence was granted. Aboriginal communities, enterprises and individuals are encouraged to seek financial assistance from funding bodies to purchase other categories of access licence if they require fully tradable licences.

(d)  a major utility (subcategory “urban water”) access licence which replaces a local water utility access licence.

Section 61 (b) of the Act also allows a person to apply for an access licence with a zero share component and section 61 (c) of the Act allows for a person to apply for an access licence where the right to apply for that access licence has been acquired under section 65 of the Act.

(3)  Access licences applied for under clause 5 of the Regulation shall only be granted in the Hunter River Tidal Pool Water Source, the Paterson River Tidal Pool Water Source and the Wallis Creek Tidal Pool Water Source if the applicant can demonstrate a history of extraction in the area from the defined tidal limit to the mangrove limit.

(4)  An access licence granted under subclause (3) will have the share component determined by a process in consultation with local water users.

(5)  The determination of the share component under subclause (4) will consider the historical maximum annual extraction of water on the property.

(6)  An access licence of the subcategory “Aboriginal cultural” shall only be granted if the application does not exceed 10 ML/year.

(6A)  All access licences of the subcategory “Aboriginal cultural” must have a mandatory condition that specifies that water must only be taken under the access licence by Aboriginal persons or Aboriginal communities for personal, domestic or communal purposes, including drinking, food preparation, washing, manufacturing traditional artefacts, watering domestic gardens, cultural teaching, hunting, fishing, gathering and for recreational, cultural and ceremonial purposes.

(7)  A specific purpose access licence shall only be granted if the share or extraction component of the access licence is the minimum required to meet the circumstances in which the access licence is proposed to be used.

(8)  Applications for new access licences shall not be permitted to be made and new access licences should not be granted in the Hunter Regulated River Alluvial Water Source, except as a result of an access licence dealing.

Note—

Any new access licence granted in these water sources may be subject to specific mandatory conditions as set out in Part 13 of this Plan.

cl 34: Am 2013 (87), Sch 1 [55] [56]; 2016 (388), Sch 1 [34].

34A Granting of access licences as a result of controlled allocation

The Minister may grant an access licence where the right to apply for the licence has been acquired in a manner prescribed by an order made under section 65 of the Act.

cl 34A: Ins 2016 (388), Sch 1 [35].

Part 9 Rules for granting or amending water supply works approvals

Division 1 General

35 Granting or amending water supply works approvals

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

(2)    (Repealed)

cl 35: Am 2013 (87), Sch 1 [57].

36 Runoff harvesting dams and in-river dams

If the sum of the share components of access licences nominating that water supply work approval is reduced via:

(a)  a dealing,

(b)  the surrender under section 77 of the Act of an access licence and then the subsequent cancellation of an access licence under section 77A (6) of the Act,

(c)  the amendment of the share component of the access licence by the Minister under section 68A, or

(d)  the cancellation of an access licence under section 78 of the Act or via the compulsory acquisition of an access licence under section 79 of the Act,

the Minister may require the modification of the dam to ensure that the capability of the dam to capture water is reduced to reflect that reduction in share component.

Note—

Runoff harvesting dam and in-river dam are defined in the Dictionary.

Note—

The taking of water from a runoff harvesting dam requires an access licence and a water supply works approval, except to the extent that the runoff harvesting dam is an owner or an occupier's harvestable right entitlement under section 53 of the Act, in which case it will not require an access licence or water supply work.

cl 36: Subst 2013 (87), Sch 1 [58]. Am 2016 (388), Sch 1 [36].

37 In-river dams

A water supply work approval for a new in-river dam in these water sources on a 3rd or higher order stream shall not be granted in the Dora Creek, the Glennies, the Upper Paterson, the Merriwa River, the Newcastle, the Paterson/Allyn Rivers, the Rouchel Brook, the Upper Goulburn River, the Upper Hunter and the Upper Wollombi Brook Water Sources.

Note—

Stream order is defined in the Dictionary.

Note—

The 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). The construction and the use of an in-river dam requires a water supply work approval, unless it is exempted under the Act or the regulations, or it is being used for stock and domestic rights in which case a water supply work approval is required only for the construction of the in-river dam. All new or modified in-river dams require assessment under the Fisheries Management Act 1994.

Division 2 Water supply works used to take water from the alluvial sediments in these water sources

38 Rules for granting or amending approvals for water supply works used to take water from the alluvial sediments in these water sources

This division is made in accordance with sections 21 (c) and 21 (e) of the Act.

Note—

The taking of groundwater results in the drawdown of water levels in the water source in vicinity of the extraction. Extraction may result in unacceptable water level declines in other water supply works/bore close by, increasing the pumping costs associated with this extraction, or even cutting off supply altogether. It may interfere with the results of the regional water level monitoring undertaken by the Department. It may also lower the water levels in groundwater dependent ecosystems and cultural features close by. Finally, it may mobilise contaminated groundwater in the area, drawing it towards a point of extraction. It is important, therefore, to manage the location at which groundwater is extracted to minimise these local impacts, by applying minimum distance restrictions to water supply works.

cl 38: Am 2013 (87), Sch 1 [59]; 2013 No 47, Sch 2.39 [1].

39 Rules for granting water supply works approvals

(1)  Subject to subclauses (2)–(4), a water supply work approval shall not be granted under section 95 of the Act or amended under section 107 of the Act, where a water supply work to be constructed or used to take water from the alluvial sediments in these water sources is located within:

(a)  400 metres of a water supply work located on another landholding that is authorised to take water from the alluvial sediments in these water sources and is nominated by another access licence,

(b)  200 metres of a water supply work located on another landholding that is authorised to take water from the alluvial sediments in these water sources pursuant to basic landholder rights only,

(c)  50 metres from the boundary of a landholding on which the water supply work is located, unless the owner of the landholding adjoining the boundary has provided consent in writing,

(d)  500 metres from a water supply works that is authorised to take water from the alluvial sediments in these water sources and is nominated by a local water utility access licence or major utility access licence, unless the local water utility or major utility has provided consent in writing,

(e)  400 metres of a Departmental observation or monitoring bore, unless the Minister has provided consent in writing.

Note—

The distance restrictions in this clause apply to new or amended approvals, that is, when the applicant wants to construct a new water supply work being used to take water from the alluvial sediments in these water sources and add it to an existing approval. The distance restrictions also apply when the licence holder wants to nominate new or different works on the licence.

(2)  The distance restrictions specified in subclause (1) do not apply where the application:

(a)  relates to a water supply work which is constructed or used solely for the purpose of exercising basic landholder rights,

(b)  is for a replacement bore,

Note—

Replacement bore is defined in the Dictionary.

(c)  relates to a water supply work which is to be constructed or used to take water from the alluvial sediments in these water sources for monitoring, environmental management purposes, or remedial works, or

(d)  relates to a water supply work which is to be constructed or used to take water from the alluvial sediments in these water sources and which is nominated solely by a domestic and stock access licence, a local water utility access licence, an access licence of the subcategory “town water supply” or an access licence of the subcategory “urban water”.

(3)  A water supply work approval shall not be granted under section 95 of the Act, or amended under section 107 of the Act, where the water supply work to be constructed or used to take water from the alluvial sediments in these water sources, nominated only by a local water utility access licence, or an access licence of the subcategory “town water supply” or an access licence of the subcategory “urban water”, is located within:

(a)  400 metres of a water supply work located on another landholding that is authorised to take water from the alluvial sediments in these water sources and is nominated by another access licence,

(b)  200 metres of a water supply work located on another landholding that is authorised to take water from the alluvial sediments in these water sources pursuant to basic landholder rights only,

(c)  200 metres from the property boundary, if the property is greater than 500 metres in the minimum width or depth (whichever is the lesser), unless the owner of the landholding adjoining the boundary has provided consent in writing, or

(d)  400 metres of a Departmental observation or monitoring bore, unless the Minister has provided consent in writing.

(4)  A water supply work approval shall not be granted under section 95 of the Act, or amended under section 107 of the Act, where the water supply work to be constructed or used to take water from the alluvial sediments in these water sources, nominated only by a domestic and stock access licence, is located within:

(a)  200 metres of a water supply work located on another landholding that is authorised to take water from the alluvial sediments in these water sources and is nominated by another access licence,

(b)  200 metres of a water supply work located on another landholding that is authorised to take water from the alluvial sediments in these water sources pursuant to basic landholder rights only,

(c)  40 metres from the property boundary, if the property is greater than 100 metres in the minimum width or depth (whichever is the lesser), unless the owner of the landholding adjoining the boundary has provided consent in writing,

(d)  200 metres of a water supply work that is authorised to take water from the alluvial sediments in these water sources and is nominated by a local water utility access licence or a major utility access licence, unless the local water utility or major utility has provided consent in writing, or

(e)  100 metres of a Departmental observation or monitoring bore, unless the Minister has provided consent in writing.

(5)  The distance restrictions specified in subclauses (3) and (4) do not apply where:

(a)  the application is for a replacement bore, or

Note—

Replacement bore is defined in the Dictionary.

(b)  the application relates to a water supply work which is to be constructed or used to extract water from alluvial sediments in these water sources for monitoring, environmental management purposes or remedial works.

(6)  The distance restrictions specified in subclauses (1), (3) and (4) do not apply where:

(a)  a hydrogeological study undertaken by the applicant, and assessed as adequate by the Department, demonstrates that the water supply work will have no more than minimal impacts on the existing licenced taking of water from the water source,

(b)  all potentially affected persons in the near vicinity of the water supply work, holding an access licence or having a right under the Act to take water, have been notified by the applicant, and

Note—

These persons may include neighbouring access licence, approval holders or other persons having a right to take water in the near vicinity of the water supply work.

(c)  any approval granted contains conditions setting out a process for remediation in the event that any more than minimal impact on existing extraction from the water source occurs in the future.

Note—

In some water sources the general size of properties means that the application of exclusion distances would result in no new or replacement bores being able to be installed. Applicants must apply to the Department for special consideration in these instances.

(7)  The Minister may amend this Plan to alter the distance restriction in specified in this clause or add additional restrictions, after year 5 of this Plan or if a temporary water restriction order is made in these water sources under section 324 (2) of the Act.

cl 39: Am 2009 No 106, Sch 2.47 [4]; 2013 (87), Sch 1 [60]–[64]; 2016 (388), Sch 1 [37] [38].

40 Rules for granting water supply works approvals near contamination sources

(1)  A water supply work approval shall not granted under section 95 of the Act or amended under section 107 of the Act, where a water supply work to be constructed or used to take water from the alluvial sediments in these water sources is located within:

(a)  100 metres of a contamination source as listed in Schedule 3, unless the applicant can demonstrate to the Minister’s satisfaction, that:

(i)  a lesser distance will result in no more than minimal harm to the water source, and

(ii)  the taking of water will not impact on the environment or cause a threat to public health as confirmed by the Minister for Health, or

(b)  a greater distance than in paragraph (a), as determined by the Minister, to ensure that no more than minimal harm will occur to the water source, and that extraction will not impact on the environment or cause a threat to public health as confirmed by the Minister for Health.

(2)  A water supply work approval shall not be granted for a new water supply work to be constructed or used to take water from the alluvial sediments in these water sources for any purpose, except basic landholder rights, which is between 100 metres and 500 metres of a contamination source listed in Schedule 3, unless the applicant provides evidence, to the Minister’s satisfaction, that no drawdown of groundwater within 100 metres of the respective contamination source will occur.

Note—

Schedule 3 is relevant to the granting of access licences and approvals for water supply works to be constructed or used to take water from the alluvial sediments in these water sources.

(3)  The distance restrictions specified in subclauses (1) and (2) do not apply to:

(a)  a water supply work to be constructed or used for monitoring, environmental management purposes or remedial works, or

(b)  an application for a replacement bore.

Note—

Replacement bore is defined in the Dictionary.

(4)  The Minister may amend this Plan to include or remove a contamination source from Schedule 3, based on the results of a site inspection or any other relevant information provided to the Minister.

(5)  Subclauses (1) and (2) may be applied by the Minister in relation to contamination sources not in Schedule 3, based on the results of a site inspection or other relevant information provided to the Minister.

cl 40: Am 2013 (87), Sch 1 [65].

40A Rules for water supply works located near groundwater-dependent culturally significant sites

(1)  A water supply work approval must not be granted or amended to authorise the construction of a water supply work which, in the Minister’s opinion, is or is proposed to be located within:

(a)  100 metres of a groundwater-dependent culturally significant site, in the case of a water supply work that will be authorised to take water pursuant to basic landholder rights only, or

(b)  200 metres of a groundwater-dependent culturally significant site, in the case of a water supply work that will be nominated by an access licence.

Note—

Groundwater-dependent culturally significant sites are currently under investigation and may be identified during the term of this Plan. The full list of potential groundwater-dependent culturally significant sites will be identified in the Aboriginal Water Initiative System (AWIS) and, as a precautionary approach, will be considered by staff in the assessment of any application for a water supply work approval within the area of this Plan.

(2)  The distance restrictions specified in subclause (1) do not apply to the grant or amendment of a water supply work approval if the Minister is satisfied that:

(a)  the water supply work is for the purpose of monitoring, environmental management or remedial works, or

(b)  the water supply work replaces an existing authorised water supply work that is part of a bore network for a major utility or a local water utility for the purpose of town water supply, or

(c)  the water supply work is a replacement groundwater work, or

(d)  the location of the water supply work at a lesser distance will result in no more than minimal impact on these water sources and their groundwater-dependent culturally significant sites.

(3)  For the purpose of subclause (2) (d), the Minister may require the applicant to submit a hydrogeological study to demonstrate to the Minister’s satisfaction that the location of the water supply work at a lesser distance will result in no greater impact on these water sources and their groundwater-dependent culturally significant sites.

cl 40A: Ins 2016 (388), Sch 1 [39].

41 Rules for granting water supply works approvals near sensitive environmental areas

(1)  High priority groundwater-dependent ecosystems within these water sources are shown on the map called High Priority Groundwater-Dependent Ecosystem Map (GDE0X_Version 1) Water Sharing Plan for the Hunter Unregulated and Alluvial Water Sources 2009 (the GDE Map) held by the Department.

(1A)  Subject to subclauses (4) and (6), a water supply work approval shall not be granted under section 95 of the Act or amended under section 107 of the Act, where the water supply work to be constructed or used to take water from the alluvial sediments in these water sources, excluding the Lower Goulburn River, the Upper Goulburn River and Hunter Regulated River Alluvial Water Sources, is located within:

(a)  100 metres of a high priority groundwater dependent ecosystem, excluding high priority karst environment groundwater dependent ecosystems, shown on the GDE Map, where the water supply work is to be used solely to take water pursuant to basic landholder rights,

(b)  200 metres of a high priority groundwater dependent ecosystem, excluding high priority karst environment groundwater dependent ecosystems, shown on the GDE Map, where the water supply work is not to be used solely to take water pursuant to basic landholder rights,

(c)  500 metres of a high priority karst environment groundwater dependent ecosystem, shown on the GDE Map,

(d)  the bed of a third order of higher stream and perennial rivers, unless assessment indicates that the work will have minimal impact on the river environment or river stability, or

Note—

It is acknowledged that there will be some impact from the replacement of works however these must not have a detrimental impact on river bed levels or slope, cause diversion of flows or contribute to bank destabilisation.

(e)  a distance where there is likely to be drawdown at the outside edge of the distances referred to in subclauses (1A) (a) and (b).

Note—

Subclause (1A) does not apply to current authorised extraction from an existing water supply work being used to take water from the alluvial sediments in these water sources or to replacement bores. Replacement bore is defined in the Dictionary.

(2)  Subject to subclauses (4) and (6), a water supply work approval shall not be granted under section 95 of the Act or amended under section 107 of the Act, where the water supply work to be constructed or used to take water from the alluvial sediments in the Lower Goulburn River or the Upper Goulburn River Water Sources, where a water supply work being used to take water from the alluvial sediments, is located:

(a)  Upstream of Kerrabee:

(i)  within 100 metres of a high priority groundwater dependent ecosystem, excluding high priority karst environment groundwater dependent ecosystems, shown on the GDE Map, where the water supply work is to be used solely to take water pursuant to basic landholder rights, or

(ii)  within 200 metres of a high priority groundwater dependent ecosystem, excluding high priority karst environment groundwater dependent ecosystems, shown on the GDE Map, where the water supply work is not to be used solely to take water pursuant to basic landholder rights, or

(iii)  within 500 metres of a high priority karst environment groundwater dependent ecosystem, shown on the GDE Map, or

(iv)  within 40 metres of the top of the high bank of any third order or above stream, or lagoon, or

(v)  within 40 metres of first and second order stream, unless:

(1)  the water supply work to be constructed or used is drilled into the underlying parent material, and the slotted intervals of the works commences deeper than 30 metres, or

(2)  the applicant can demonstrate that the bore will have no more than minimal impact on base flows in the stream, and

(vi)  a distance where there is likely to be drawdown at the outside edge of the distances referred to in paragraph (a) (i) and (ii), and

(b)  Downstream of Kerrabee:

(i)  within 100 metres of a high priority groundwater dependent ecosystems, excluding high priority karst environment groundwater dependent ecosystems, shown on the GDE Map, where the water supply work is to be used solely to take water pursuant to basic landholder rights, or

(ii)  within 200 metres of a high priority groundwater dependent ecosystems, excluding high priority karst environment groundwater dependent ecosystems, shown on the GDE Map, where the water supply work is not to be used solely to take water pursuant to basic landholder rights, or

(iii)  within 500 metres of a high priority karst environment groundwater dependent ecosystems, shown on the GDE Map,

(iv)  in the bed of a third order or higher stream and perennial rivers, unless assessment indicates that the water supply work will have no more than minimal impact on the river environment or river stability, or

Note—

It is acknowledged that there will be some impact from the replacement of works however these must not have a detrimental impact on river bed levels or slope, cause diversion of flows or contribute to bank destabilisation.

(v)  a distance where there is likely to be drawdown at the outside edge of the distances referred to in paragraph (b) (i) and (ii).

Note—

Subclause (2) does not apply to current authorised extraction from an existing water supply work being used to take water from the alluvial sediments in these water sources or to replacement bores.

(3)  Subject to subclauses (4) and (6), a water supply work approval shall not be granted under section 95 of the Act or amended under section 107 of the Act, where the water supply work being used to take water from the alluvial sediments in the Hunter Regulated River Alluvial Water Sources, is located:

(a)  within 100 metres of a high priority groundwater dependent ecosystem, excluding high priority karst environment groundwater dependent ecosystems, shown on the GDE Map, where the water supply work is to be used solely to take water pursuant to basic landholder rights, or

(b)  within 200 metres of a high priority groundwater dependent ecosystem, excluding high priority karst environment groundwater dependent ecosystems, shown on the GDE Map, where the water supply work is not to be used solely to take water pursuant to basic landholder rights, or

(c)  within 500 metres of a high priority karst environment groundwater dependent ecosystem, shown on the GDE Map, or

(d)  within 200 metres of the top of the high bank of the Hunter Regulated River, or any third order or above stream, or lagoon, or

(e)  within 40 metres of first and second order stream, unless:

(i)  the water supply work which is to be constructed or used is drilled into the underlying parent material, and the slotted intervals of the works commences deeper than 30 metres, and

(ii)  the applicant can demonstrate that the bore will have no more than minimal impact on base flows in the stream, or

(f)  a distance where there is likely to be drawdown at the outside edge of the buffer zone referred to in paragraph (a) and (b).

(4)  Subclauses (1A), (2) and (3) do not apply in relation to a replacement bore.

Note—

Replacement bore is defined in the Dictionary.

(5)  (Repealed)

(6)  The distance restrictions specified in subclauses (1A), (2) or (3) do not apply to a water supply work which is to be constructed or used to take water from alluvial sediments in these water sources for monitoring, environmental management purposes or remedial works.

(7)  The Minister may amend this Plan to:

(a)  alter the exclusion distances in subclauses (1A), (2) or (3), during the term of this Plan, based on further studies of groundwater ecosystem dependency caused to be undertaken by the Minister, or

(b)  include a new identified high priority groundwater dependent ecosystem on the GDE Map during the term of this Plan, based on further studies of groundwater ecosystem dependency caused to be undertaken by the Minister,

(c)  delete a high priority groundwater dependent ecosystem shown on the GDE Map identified as not having groundwater dependency, based on further studies of groundwater ecosystem dependency caused to be undertaken by the Minister.

cl 41: Am 2013 (87), Sch 1 [66] [67]. Subst 2016 (388), Sch 1 [40].

41A Rules for the use of water supply works located within restricted distances

(1)  The rules in this clause apply to water supply work approvals for water supply works that are authorised to take water from the alluvial sediments in these water sources.

(2)  Subject to subclauses (3) and (4), a water supply work that is located within a restricted distance specified in clauses 39–41, must not, in any water year, be used to take more water than the volume of water that is equal to:

(a)  the sum of the share components of the access licences nominating that water supply work at the commencement of this Plan, plus

(b)  the maximum volume that can be carried over by access licences nominating that water supply work at the commencement of this Plan in accordance with:

(i)  clause 56 (8) for domestic and stock, local water utility, unregulated river, unregulated river (high flow) and aquifer access licences with a share component that specifies one of these water sources excluding the Hunter Regulated River Alluvial, the Baerami Creek, the Widden Brook, the Bylong River, the Wollar Creek, the Upper Goulburn River, the Lower Goulburn River, the Martindale Creek, the Doyles Creek and the Lower Wollombi Brook Water Sources, the Appletree Flat Management Zone of the Jerrys Water Source, the Segenhoe Management Zone of the Pages River Water Source and the Wollombi Brook Management Zone of the Upper Wollombi Brook Water Source,

(ii)  clause 56 (10) for domestic and stock, local water utility and aquifer access licences with a share component that specifies Hunter Regulated River Alluvial Water Source.

(3)  Subject to subclause (4), a water supply work that becomes located within a restricted distance specified in clauses 39–41, as a result of an amendment to this Plan must not, in any water year, be used to take more water than the volume of water that is equal to:

(a)  the sum of the share components of access licences nominating that water supply work at the date of the amendment, plus

(b)  the maximum water allocation that can be carried over by access licences nominating that water supply work at the date of the amendment in accordance with:

(i)  clause 56 (8) for domestic and stock, local water utility, unregulated river, unregulated river (high flow) and aquifer access licences with a share component that specifies one of these water sources excluding the Hunter Regulated River Alluvial, the Baerami Creek, the Widden Brook, the Bylong River, the Wollar Creek, the Upper Goulburn River, the Lower Goulburn River, the Martindale Creek, the Doyles Creek and the Lower Wollombi Brook Water Sources, the Appletree Flat Management Zone of the Jerrys Water Source, the Segenhoe Management Zone of the Pages River Water Source and the Wollombi Brook Management Zone of the Upper Wollombi Brook Water Source,

(ii)  clause 56 (10) for domestic and stock, local water utility and aquifer access licences with a share component that specifies Hunter Regulated River Alluvial Water Source.

(4)  Subclauses (2) and (3) do not apply:

(a)  where a restricted distance does not apply in accordance with clause 39 (2) (a), (c) and (d), (5) (b) or (6), clause 40 (3) (a) or clause 41 (6), or

(b)  to the taking of water pursuant to basic landholder rights.

(5)  The Minister may specify a daily rate or annual volumetric limit for water taken by a water supply work that is located within a restricted distance specified in clauses 39–41 pursuant to clauses 39 (6), 40 (2) and 41 (2) (a) (v), (2) (b) (iv) and (3) (e).

(6)  The daily rate or annual volumetric limit specified under subclause (5) will be as determined by the Minister to meet the relevant criteria specified in clauses 39 (6), 40 (2) and 41 (2) (a) (v), (2) (b) (iv) and (3) (e).

Note—

The water quality from any bore can be affected by land use activities and inherent water quality in the aquifer. Water quality cannot be guaranteed and may be unsuitable for human consumption and other uses. The quality of water extracted should be tested before being used and appropriately treated. Such testing and treatment is the responsibility of the licence holder.

cl 41A: Ins 2013 (87), Sch 1 [68]. Am 2016 (388), Sch 1 [41].

Part 10 Limits to the availability of water

Division 1 Long-term average annual extraction limit

42 Limits to the availability of water

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

43 Extraction management unit for these water sources

The availability of water to be taken from these water sources and the management of the long-term average annual extraction of water limit in these water sources will be undertaken in the Greater Hunter Extraction Management Unit, Lake Macquarie Extraction Management Unit and the Hunter Regulated River Alluvium Extraction Management Unit (hereafter these Units).

cl 43: Am 2016 (388), Sch 1 [42].

44 Long-term average annual extraction limit

(1)  The long-term average annual extraction limit for the Lake Macquarie Extraction Management Unit is equal to the total of:

(a)  the quantity of water specified in conditions attached to or included in entitlements issued under Part 2 of the Water Act 1912 in the Lake Macquarie Extraction Management Unit, immediately prior to the commencement of this Plan for water sources in the Lake Macquarie Extraction Management Unit, plus

(b)  the annual extraction of water under domestic and stock rights and native title rights in the water sources in the Lake Macquarie Extraction Management Unit at the commencement of this Plan, plus

(c)  the share component of access licences granted in the Lake Macquarie Extraction Management Unit under the Regulations and Part 8 of this Plan.

(2)    (Repealed)

(3)  In the Greater Hunter Extraction Management Unit there will be separate long-term extraction limits applying to extractions under:

(a)  basic landholder rights and access licences, other than those major utility access licences held by Hunter Water Corporation, and

(b)  major utility access licences held by Hunter Water Corporation.

(4)  Subject to any variation under subclause (6), the long-term average annual extraction limit established under subclause (3) (a) in the Greater Hunter Extraction Management Unit is equal to the total of:

(a)  the sum of share components of all access licences in these water sources within the Greater Hunter Extraction Management Unit, excluding access licences held by Hunter Water Corporation, plus

(b)  the annual water requirements pursuant to domestic and stock rights and native title rights in these water sources within the Greater Hunter Extraction Management Unit.

(5)  The long-term average annual extraction limit established under subclause (3) (b) for the major utility access licences held by Hunter Water Corporation in the Greater Hunter Extraction Management Unit will be equal to 78,500 ML/year minus the long-term average annual extraction under access licences held by Hunter Water Corporation in the Tomago, Tomaree and Stockton Groundwater Sources.

Note—

Water flowing from Hunter Water Corporation to Gosford Wyong Councils will be accounted against the local water utility long-term average annual extraction limit in the Tuggerah Lakes Extraction Management Unit. Water transferred from Gosford Wyong Councils to Hunter Water Corporation will be accounted against the major utility long-term average annual extraction limit in the Greater Hunter Extraction Management Unit.

(6)  The long-term average annual extraction limit established under subclause 3 (a) for the Greater Hunter Extraction Management Unit may be varied upon the conversion of access licences from an unregulated river access licence to an unregulated river (high flow) access licence.

(7)  Any variation made under subclause (6) will result in the long-term average annual extraction limit being reduced by the amount of the cancelled share component of the unregulated river access licence and increased by the amount of the share component of the granted unregulated river (high flow) access licence.

(8)    (Repealed)

(9)  The long-term average annual extraction limit for the Hunter Regulated River Alluvium Extraction Management Unit is equal to the total of:

(a)  the quantity of water specified in conditions attached to or included in entitlements issued under Part 5 of the Water Act 1912 in this Unit, immediately prior to the commencement of this Plan for water source in the Hunter Regulated River Alluvium Extraction Management Unit, plus

(b)  an estimate of annual extraction of water under domestic and stock rights and native title rights in the Hunter Regulated River Alluvium Extraction Management Unit at the commencement of this Plan, plus

(c)  the share component of access licences granted in the Hunter Regulated River Alluvium Extraction Management Unit under the Regulations and Part 8 of this Plan.

cl 44: Am 2013 (87), Sch 1 [69] [70]; 2016 (388), Sch 1 [43]–[46].

45 Variation of the long-term average annual extraction limits

(1)  The long-term average annual extraction limit for one or more of these Units may vary following the granting, cancellation or modification of access licences under the Act or through a dealing under Part 12 of this Plan.

(2)  The long-term average annual extraction limit for an extraction management unit may vary following the purchase and cancellation of an access licence in the extraction management unit.

(3)  The long-term average annual extraction limit for the Greater Hunter Extraction Management Unit may vary upon the conversion of access licences from unregulated river access licence to an unregulated river (high flow) access licence.

(4)  The variation in subclause (3) will result in the long-term average annual extraction limit being reduced by the amount of the cancelled share component of the unregulated river access licence and increased by the amount of the share component of the granted unregulated river (high flow) access licence.

cl 45: Am 2009 No 106, Sch 2.47 [5]; 2016 (388), Sch 1 [47].

46 Assessment of the long-term average annual extraction limits

(1)  This clause applies from the fourth year of this Plan. This clause does not apply to the long-term average annual extraction limit for major utility access licences held by Hunter Water Corporation in the Greater Hunter Extraction Management Unit established under clause 44 (3) (b).

(2)  The total water extracted pursuant to domestic and stock rights and native title rights and access licences in these extraction management units will be assessed each water year to determine if the long-term average annual extraction limit established by clause 44 for each extraction management unit has been exceeded.

(3)  Commencing in the fourth water year in which this Plan has effect, the assessment referred to in subclause (1) must compare the long-term average annual extraction limits established in clause 44 for the respective extraction management unit against the annual extraction averaged over the preceding three water years for that extraction management unit.

cl 46: Subst 2013 (87), Sch 1 [71]. Am 2016 (388), Sch 1 [48] [49].

47 Compliance with the long-term average annual extraction limits

Note—

Compliance with the long-term average annual extraction limit is managed through the making of available water determinations, under section 59 of the Act, for access licences in these water sources. The rules for making the available water determinations contained in Division 2 of this Part, are subject to this clause.

(1)  Commencing in the fourth water year in which this Plan has effect, if, in the Minister’s opinion, the assessment under clause 46 demonstrates that annual extractions in the respective extraction management unit averaged over the preceding three water years have exceeded the long-term average annual extraction limit established under clause 44 for that extraction management unit by 5% or more, then the available water determinations for unregulated river access licences, unregulated river (high flow) access licences and aquifer access licences in that extraction management unit are to be reduced by an amount that is, in the Minister’s opinion, necessary to return average annual extractions in the respective extraction management unit to the long-term average annual extraction limit established in this Part. This subclause does not apply to the long-term average annual extraction limit for major utility access licences held by Hunter Water Corporation in the Greater Hunter Extraction Management Unit established under clause 44 (3) (b).

(2)    (Repealed)

(3)  Any reduction or increase to the available water determination made under Division 2 of this Part for unregulated river access licences, unregulated river (high flow) access licences and aquifer access licences within an extraction management unit shall be the same.

(4)  Any reduction or increase to the available water determinations made Division 2 of this Part for unregulated river access licences, unregulated river (high flow) access licences and aquifer access licences, in these water sources under this clause may be repeated for the subsequent two water years, if necessary, to allow total water extraction under basic landholder rights and access licences in the respective extraction management unit to return to the long-term average annual extraction limit.

(5)    (Repealed)

(6)  The average annual volume of water taken under all major utility access licences held by Hunter Water Corporation in any 10 consecutive water years in the Greater Hunter Extraction Management Unit may not exceed a volume equal to the long-term average annual extraction limit specified in clause 44 (5) of this Plan.

(7)  For the purpose of assessing growth above the respective major utility long-term average annual extraction limit the water taken in the Greater Hunter Extraction Management Unit under major utility licences within these water sources will be determined as:

(a)  the water passing the outlet of Grahamstown Water Treatment Plant minus any water passing the boundary meter from Hunter Water Corporation to Gosford Wyong Councils, plus

(b)  any water passing the boundary meter from Gosford Wyong Councils to Hunter Water Corporation, plus

(c)  water taken by any other major utility infrastructure nominated by Hunter Water Corporation and agreed to by the Minister.

(8)  In the Greater Hunter Extraction Management Unit total water extractions under major utility access licences held by Hunter Water Corporation, will be monitored each year to determine if there is any growth in the volumes extracted above the long-term average annual extraction limit established under clause 44 (5) based on a comparison of the long-term average annual extraction limit against the average extraction over a rolling ten year period commencing from the start of this Plan, except where subclause (9) applies.

(9)  If the long-term average annual extraction limit specified in clause 44 (5) is amended under clause 44 (8) then growth in volumes extracted above the long-term average annual extraction limit specified in clause 44 (5) shall be determined based on a comparison of the long-term average annual extraction limit against the average extraction under major utility access licences held by Hunter Water Corporation within the Greater Hunter Extraction Management Unit over a rolling ten year period commencing from the water year in which the amendment was made.

(10)  If monitoring of total water extractions under major utility access licences held by the Hunter Water Corporation indicates growth above the respective long-term average annual extraction limit as specified in clause 44 (5), then a review shall be undertaken which considers:

(a)  the Hunter Water Corporation’s urban water supply requirements, and

(b)  the impacts associated with an increase to the respective long-term average annual extraction limit.

Note—

It is recognised that the initial long-term average annual extraction limit (LTAAEL) for major utility access licences is based on demand projections until 2013 and as such should cater for anticipated extraction demands over this period within the proposed limit. This figure however does not include provision for contingencies such as new large scale development of regional significance. If such a development was to occur, the major utility access licence holder could seek a review of the LTAAEL to allow for an increase to meet the demands of such a development.

(11)    (Repealed)

cl 47: Am 2013 (87), Sch 1 [72]–[76]; 2016 (388), Sch 1 [50] [51].

Division 2 Available water determinations

48 Available water determinations

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

(2)  All available water determinations in these water sources shall be expressed as either:

(a)  a percentage of the share component for all access licences where share components are specified as megalitres per year, or

(b)  megalitres per unit share for all access licences where share components are specified as a number of unit shares.

(3)  An available water determination for each category of access licence in these water sources should be made at the commencement of each water year.

(4)  No available water determination made after the first year of this Plan is to exceed 100% of access licence share component, or 1 megalitre per unit share of access licence share component.

Note—

Section 59 (1A) of the Act provides that an available water determination that is made in relation to a particular category of access licence applies to all subcategories of that category, except to the extent to which it otherwise provides.

Where the long-term average annual extraction limit in these water sources has been exceeded, or not reached, by 5% or more, then available water determinations for certain access licence in these water sources will be increased or reduced in accordance with Division 1 of this Part, to allow extraction to return to the long-term average annual extraction limit.

49 Available water determinations for domestic and stock access licences

(1)  The available water determination made at the commencement of the first year of this Plan, for domestic and stock access licences in these water sources, should be for 200% of access licence share component.

(2)  The available water determination made at the commencement of each subsequent water year for domestic and stock access licences in these water sources and should, where possible, be for 100% of access licence share component.

50 Available water determinations for local water utility access licences

(1)  The available water determination made at the commencement of the first year of this Plan, for local water utility access licences in these water sources, should be for 200% of access licence share component.

(2)  The available water determination made at the commencement of each subsequent water year for local water utility access licences in these water sources should, where possible, be for 100% of access licence share component.

51 Available water determinations for major utility access licences

An available water determination made at the commencement of each water year for major utility access licences in these water sources should, where possible, be for 100% of access licence share component.

52 Available water determinations for unregulated river access licences

(1)  The available water determination made at the commencement of the first year of this Plan, for unregulated river access licences in these water sources, should be equal to 2 megalitres per unit share of access licence share component.

(2)  The available water determination made at the commencement of each subsequent water year for unregulated river access licences in these water sources and should, where possible, be equal to 1 megalitre per unit share of access licence share component, or such lower amount resulting from clause 47.

53 Available water determinations for unregulated river (high flow) access licences

(1)  The available water determination made at the commencement of the first year of this Plan, for unregulated river (high flow) access licences in these water sources, should be equal to 2 megalitres per unit of access licence share component.

(2)  The available water determination made at the commencement of each subsequent water year for unregulated river (high flow) access licences in these water sources should, where possible, be equal to 1 megalitre per unit share of access licence share component, or such lower amount resulting from clause 47.

54 Available water determination for aquifer access licences

(1)  An available water determination shall be made at the commencement of each water year for aquifer access licences in these water sources, excluding the Hunter Regulated River Alluvial Water Source, equal to 1 megalitre per unit of access licence share component or such lower amount resulting from clause 47.

(2)  An available water determination shall be made at the commencement of each water year for all aquifer access licences in the Hunter Regulated River Alluvial Water Source and should be equivalent to the available water determination made for regulated river (high security) access licences under the Water Sharing Plan for the Hunter Regulated River Water Source 2003 or such lower amount resulting from clause 47.

(3)    (Repealed)

(4)  The Minister may amend this Plan, from year six of this Plan, based on outcomes of further data collection and any surface/groundwater connectivity studies undertaken, to amend the available water determination in subclause (2) to be:

(a)  equivalent to 100% of the available water determination made for regulated river (general security) access licences under the Water Sharing Plan for the Hunter Regulated River Water Source 2003, or

(b)  equivalent to 100% of the available water determination made for aquifer access licences, or

(c)  the sum of specified percentages (equal to 100%) of the available water determination made for regulated river (general security) access licences under the Water Sharing Plan for the Hunter Regulated River Water Source 2003 and aquifer access licences.

Note—

For example, under subclause (4) (c) the available water determination may be the sum of 50% of the available water determination (AWD) for general security and 50% of the AWD for aquifer access licences or some other variation of percentage equal to 100%. It may also be appropriate to have a sliding scale of AWD application based on distance from the river if justified.

(5)  In relation to any amendment under subclause (4) an adjustment period may be included, if necessary, to allow for a phasing in period in achieving the new available water determination.

(6)  In reviewing the outcomes of data collection and further studies as specified in subclause (4) and amendments of the available water determination rules the Minister should consult with the Department of Environment and Climate Change, the Department of Primary Industries, Local Land Services, and representatives of interest groups and water users as appropriate.

cl 54: Am 2013 (87), Sch 1 [77]–[80]; 2013 No 51, Sch 8.1 [2].

Part 11 Rules for managing access licences

Division 1 General

55 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 regards to:

(a)  the environmental water provisions in this Plan,

(b)  requirements for water to satisfy basic landholder rights, and

(c)  requirements for water for extraction under access licences.

Division 2 Water allocation account management

56 Individual access licence account management rules

(1)  Water taken by a nominated water supply work under an access licence will be debited against the water allocation account for the access licence.

Note—

The volume of water extracted by a nominated water supply work is used to account for the extractions against an individual access licence water allocation account.

It is an offence under the Act to take water when there is no, or insufficient water allocations credited to a water allocation account for an access licence.

(2)  Where a water supply work is being used both to take water for basic landholder rights and an access licence(s), the water is to be accounted on the basis that an annual volume equal to the basic landholder right for the water year will be the first volume regarded as being taken and all other water taken in that year will be accounted as extraction pursuant to the respective access licence(s).

(3)  The maximum volume that may be taken under a domestic and stock, local water utility, unregulated river, unregulated river (high flow) and aquifer access licences in these water sources, excluding those within the Baerami Creek, the Widden Brook, the Bylong River, the Wollar Creek, the Upper Goulburn River, the Lower Goulburn River, the Martindale Creek, the Doyles Creek and the Lower Wollombi Brook Water Sources, the Appletree Flat Management Zone of the Jerrys Water Source, the Segenhoe Management Zone of the Pages River Water Source, the Halls Creek, the Lower Middle Brook and Kingdon Ponds Management Zone of the Lower Dart Brook and the Upper Wollombi Brook Water Source, in any three consecutive water years after the first water year in which this Plan has effect must not exceed a volume equal to the lesser of:

(a)  the sum of:

(i)  water allocations accrued to the water allocation account for the access licence from available water determinations in those three water years,

(ii)  the water allocations carried over from the water year prior to those three water years under subclause (8),

(iii)  the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act in those three water years, and

(iv)  any water allocations re-credited to the water allocation account for the access licence in accordance with section 76 of the Act in those three water years, or

(b)  the sum of:

(i)  the share component of the access licence at the beginning of the first of those three water years,

(ii)  the share component of the access licence at the beginning of the second of those three water years,

(iii)  the share component of the access licence at the beginning of the third of those three water years,

(iv)  the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act in those three water years, and

(v)  any water allocations re-credited to the water allocation account for the access licence in accordance with section 76 of the Act in those three water years.

(4)  Notwithstanding subclause (3), the maximum volume that may be taken under a domestic and stock, local water utility, unregulated river, unregulated river (high flow) and aquifer access licences in these water sources, excluding those within the Baerami Creek, the Widden Brook, the Bylong River, the Wollar Creek, the Upper Goulburn River, the Lower Goulburn River, the Martindale Creek, the Doyles Creek, the Lower Wollombi Brook Water Sources, the Appletree Flat Management Zone of the Jerrys Water Source, the Segenhoe Management Zone of the Pages River Water Source, the Halls Creek, the Lower Middle Brook and Kingdon Ponds Management Zone of the Lower Dart Brook and the Upper Wollombi Brook Water Source, in the first three water years in which this Plan has effect must not exceed a volume equal to:

(a)  50% of the water allocations accrued to the water allocation account for the access licence from available water determinations in the first water year, plus

(b)  the sum of water allocations accrued to the water allocation account for the access licence from available water determinations in the second and third water years, plus

(c)  the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act in those water years, plus

(d)  any water allocations re-credited to the water allocation account for the access licence in accordance with section 76 of the Act in those water years.

(5)  In any water year, the maximum volume that may be taken under a domestic and stock, local water utility, unregulated river, unregulated river (high flow) and aquifer access licences in the Baerami Creek, the Widden Brook, the Bylong River, the Wollar Creek, the Upper Goulburn River, the Lower Goulburn River, the Martindale Creek, the Doyles Creek and the Lower Wollombi Brook Water Sources, the Appletree Flat Management Zone of the Jerrys Water Source, the Segenhoe Management Zone of the Pages River Water Source, the Halls Creek, the Lower Middle Brook and Kingdon Ponds Management Zone of the Lower Dart Brook and the Upper Wollombi Brook Water Source must not exceed a volume equal to:

(a)  the sum of water allocations accrued to the water allocation account for the access licence from available water determinations in that water year, plus

(b)  the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act in that water year, plus

(c)  any water allocations re-credited to the water allocation account for the access licence in accordance with section 76 of the Act in that water year.

(6)  The Minister may amend subclauses (3), (4) and (5) to amend the limits to volumes that may be taken under access licences in the Baerami Creek, the Widden Brook, the Bylong River, the Wollar Creek, the Upper Goulburn River, the Lower Goulburn River, the Martindale Creek, the Doyles Creek and the Lower Wollombi Brook Water Sources, the Appletree Flat Management Zone of the Jerrys Water Source, the Segenhoe Management Zone of the Pages River Water, the Halls Creek, the Lower Middle Brook and Kingdon Ponds Management Zone of the Lower Dart Brook and the Upper Wollombi Brook Water Source, from year five of this Plan, following a review of the possible impacts of differing carry over and 3 year annual use limits on the recovery time of the aquifer, and when appropriate groundwater trigger levels can be identified.

(7)    (Repealed)

(8)  The maximum water allocation that can be carried over in the accounts of domestic and stock, local water utility, unregulated river, unregulated river (high flow) and aquifer access licences from one water year to the next, in these water sources excluding the Hunter Regulated River Alluvial, the Baerami Creek, the Widden Brook, the Bylong River, the Wollar Creek, the Upper Goulburn River, the Lower Goulburn River, the Martindale Creek, the Doyles Creek and the Lower Wollombi Brook Water Sources, the Appletree Flat Management Zone of the Jerrys Water Source, the Segenhoe Management Zone of the Pages River Water Source and the Wollombi Brook Management Zone of the Upper Wollombi Brook Water Source, is equal to:

(a)  100% of access licence share component, for access licences with share components expressed as megalitres per year, or

(b)  1 megalitre per unit share of access licence share component, for access licences with share components expressed as a number of unit shares.

(9)  The Minister may amend this clause to include water allocation account and carry over rules for major utility access licences for extraction from Seaham Weir Pool and natural inflows to Grahamstown Dam, based on the supplementary study Development of Access Rules for the Lower Williams River.

(10)  The maximum water allocation that can be carried over in the accounts of access licences within the Hunter Regulated River Alluvial Water Source from one water year to the next is equal to:

(a)  10% of access licence share component for access licences with share components expressed as megalitres per year, or

(b)  0.1 megalitre per unit share of access licence share component, for access licences with share components expressed as a number of unit shares.

(11)  In the Baerami Creek, the Widden Brook, the Bylong River, the Wollar Creek, the Upper Goulburn River, the Lower Goulburn River, the Martindale Creek, the Doyles Creek and the Lower Wollombi Brook Water Sources, the Appletree Flat Management Zone of the Jerrys Water Source, the Segenhoe Management Zone of the Pages River Water Source and the Wollombi Brook Management Zone of the Upper Wollombi Brook Water Source, water allocations remaining in water allocation accounts cannot be carried over from one water year to the next.

(12)  The Minister may amend subclauses (8) and (11) to include carryover provisions for the Baerami Creek, the Widden Brook, the Bylong River, the Wollar Creek, the Upper Goulburn River, the Lower Goulburn River, the Martindale Creek, the Doyles Creek and the Lower Wollombi Brook Water Sources, the Appletree Flat Management Zone of the Jerrys Water Source, the Segenhoe Management Zone of the Pages River Water Source and the Wollombi Brook Management Zone of the Upper Wollombi Brook Water Source, from year five of this Plan, following a review of the possible impacts of differing carry over and 3 year annual use limits on the recovery time of the aquifer and when appropriate groundwater trigger levels can be identified.

(13)  If water that, pursuant to an access licence in these water sources is committed as adaptive environmental water to be left in a water source for environmental purposes, then the water allocation taken under that access licence shall be assumed to be 100% of the available water determination made in Division 2 Part 10 of this Plan.

cl 56: Am 2013 (87), Sch 1 [81]–[86].

57 Accounting for bulk water transfers to other water utilities

(1)  Any volume of water received from the Gosford Wyong Councils Water Authority via the Hunter pipeline link will be accounted against the long-term average annual extraction limit for the major utility access licences in the Greater Hunter Extraction Management Unit specified in clause 44 (5).

(2)  Any volume of water sent to the Gosford Wyong Councils Water Authority via the Hunter pipeline link from Hunter Water Corporation will be accounted against the long-term average annual extraction limit for the local utility access licences in the Gosford and Tuggerah Extraction Management Units within the Water Sharing Plan for the Central Coast Unregulated Rivers.

Note—

When water is transferred between Hunter Water Corporation and Gosford Wyong Councils Water Authority, the long-term average annual extraction limit for either utility is not changed. For the purposes of accounting against the long-term average annual extraction limit, transfers are treated as extractions by the recipient only. This means that the volume of water able to be extracted from water sources within the recipient’s plan area is reduced by this volume. The long-term average annual extraction limit of the sender of the transfer is not affected.

(3)    (Repealed)

cl 57: Am 2013 (87), Sch 1 [87]; 2016 (388), Sch 1 [52] [53].

Division 3 Sharing surface water flows on a daily basis

58 Sharing surface water flows on a daily basis

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

59 Establishment and assignment of total daily extraction limits

(1)  Total daily extraction limits (hereafter TDEL) have not been established or assigned in the Munmurra River, the Krui River, the Bow River, the Merriwa River, the Halls Creek, the Baerami Creek, the Widden Brook, the Bylong River, the Wollar Creek, the Upper Goulburn River, the Muswellbrook, Lower Goulburn, Dart Brook, the Upper Hunter River, the Jerrys, Glennies, the Glendon Brook, the Luskintyre, the Singleton, the Martindale Creek, the Doyles Creek, the Black Creek, the Wallis Creek, the Newcastle, the Upper Paterson, the Upper Wollombi Brook, the North Lake Macquarie, the South Lake Macquarie, the Dora Creek, the Hunter Regulated River Alluvial, the Wallis Creek Tidal Pool, the Hunter River Tidal Pool, the Paterson Tidal Pool or the Wybong Creek Water Sources.

(2)  This Plan establishes and assigns TDELs for unregulated river (high flow) access licences in B Class flows in the following water sources:

(a)  3.1 ML/day for B Class flows in the Pages River Water Source and the Isis River Water Source combined,

Note—

This volume equates to a total of 10% of the annual 50th percentile flow at the flow reference point (Pages River at Gundy Recorder Gauge) in the Pages River Water Source and Isis River Water Source combined.

(b)  3.8 ML/day for B Class flows in the Lower Wollombi Brook Water Source,

Note—

This volume equates to a total of 10% of the annual 50th percentile flow at the flow reference point (Wollombi Brook at Warkworth Gauge) in the Lower Wollombi Brook Water Source.

(c)  3.5 ML/day for B Class flows in the Rouchel Brook Water Source, and

Note—

This volume equates to a total of 10% of the annual 50th percentile flow at the flow reference point (Rouchel Brook at The Vale Gauge) in the Rouchel Brook Water Source.

(d)  5.8 ML/day for B Class flows in the Paterson/Allyn Rivers Water Source.

Note—

This volume equates to a total of approximately 10% of the annual 50th percentile flow at the flow reference points in the Paterson/Allyn Rivers Water Source.

Note—

If this Plan is amended to change the flow reference point for the Paterson/Allyn Water Source to Allyn River at Flying Fox Lane gauge, the 10% of the 50th percentile will be calculated using that flow reference point, once adequate data is available.

(3)  The Minister may amend this Plan to allow for the establishment of TDELs in the Williams River Water Sources for major utility access licences or subcategories of major utility access licences in any new flow classes established under clause 17 (2) (i) of this Plan.

(4)  Following the conversion of an unregulated river access licence to an unregulated river (high flow) access licence under clause 72 of this Plan, the Minister may amend subclause (1) and (2) to establish a TDEL for A Class in the relevant water source or management zone.

(5)  Following the imposition of an adaptive environmental water condition on an access licence that requires the water to be left in the water source or management zone for environmental purposes, then the Minister may establish TDELs in the relevant water source or management zone.

Note—

TDELs referred to in subclauses (4) and (5) will not be established unless enabling management systems are in place. This includes monitoring and measurement systems which allow for accurate measurement of flows and extraction.

cl 59: Am 2016 (388), Sch 1 [54].

60 Unassigned TDEL

At the commencement of this Plan, there is no unassigned TDEL in these water sources.

61 Granting of unassigned TDEL

At the commencement of this Plan, there is no unassigned TDEL in these water sources, therefore rules to grant unassigned TDELs are not specified.

62 Individual daily extraction limits for access licences

(1)  At the commencement of this Plan, there are no individual daily extraction limits (hereafter IDELs) established or assigned to access licences in these water sources.

(2)  During the term of this Plan, the Minister may amend this Plan to establish and assign IDELs for:

(i)  unregulated river (high flow) access licences in B Class flows in the Pages River, the Isis River, the Lower Wollombi Brook, the Rouchel Brook and the Paterson/Allyn Rivers Water Sources, and

(ii)  any other access licence in these water sources for which TDELs are established and assigned.

(3)  Where IDELs are established under subclause (2), the IDEL is to be assigned in the same proportion as the TDEL for the access licence bears to the sum of all share components of access licences of that category, in the respective water source.

(4)  Notwithstanding subclause (3), where an access licence contains more restrictive conditions than other access licences of the same category in the water source, then any IDEL resulting from subclause (3) shall be adjusted to reflect as far as possible the more restrictive conditions.

63 Adjustment to TDELS and IDELS

(1)  The TDELs established in this Plan may be adjusted, following:

(a)  the imposition of new adaptive environmental water conditions that require water to be left in a water source, or

(b)  the removal of adaptive environmental water conditions that required water to be left in a water source.

(2)  Where an IDEL is assigned under clause 62 and an adaptive environmental water condition requiring water to be left in the water source is:

(a)  imposed on an access licence, then the TDEL established under clause 59 may be decreased by the IDEL on the access licence so committed and clauses 59 and 62 adjusted accordingly, or

(b)  removed from an access licence, then the TDEL established under clause 59 will be increased by the IDEL on the access licence so uncommitted and clause 59 and 62 adjusted accordingly.

64 Administrative arrangements for managing access to daily flows (approved groups)

This Plan allows for the group management of access licences in these water sources which have been assigned an IDEL, subject to the following rules:

(a)  all access licences (except local water utility access licences) in these water sources which are assigned an IDEL shall be included in a group (hereafter approved group),

(b)  an approved group shall have a group combined IDEL, being the sum of the IDELs assigned to all access licences in the approved group. The daily extraction of water by all access licences in an approved group must not exceed the group combined IDEL. The daily extraction of water under all access licences within an approved group will be assessed as a whole against the group combined IDEL,

(c)  the Minister may, by notice in writing, remove one or more access licences from an approved group, if:

(i)  the daily extraction of water by an approved group exceeds the group combined IDEL, or

(ii)  the Minister is of the opinion that a holder of an access licence within an approved group has caused the combined group IDEL to be exceeded,

(d)  the daily extraction of water pursuant to an access licence which is not in an approved group must not exceed the IDEL assigned to the access licence,

(e)  the group combined IDEL shall be reduced by the amount of the IDEL assigned to any access licence which is removed from the approved group,

(f)  an access licence holder may, by request made in writing to the Minister, apply to have their access licence removed from an approved group. If the Minister consents to the removal of an access licence from an approved group, the access licence will be removed from the approved group,

(g)  the holder of an access licence which has been assigned an IDEL and which is not in an approved group, may make a written request to the Minister to:

(i)  form a new approved group, or

(ii)  be included in an approved group,

(h)  the Minister may:

(i)  consent or refuse a request to form a new approved group,

(ii)  consent or refuse to allow an access licence to be included in an approved group,

(iii)  consent or refuse a request for an access licence to be removed from one approved group and included in a new approved group,

(i)  where the Minister consents to a new approved group, a new approved group will be formed and will be subject to the rules contained in this clause,

(j)  where an access licence is added to an approved group, the group combined IDEL shall be increased by the amount of IDEL assigned to the access licence,

(k)  an access licence may not be in more than one approved group at any time,

(l)  any part of the IDEL of an access licence which is committed to the environment pursuant to an adaptive environmental water condition:

(i)  shall not be included in an approved group, or

(ii)  where the IDEL is already included in an approved group, shall be removed from the approved group.

65 Amendments to this Plan for the purposes of sharing of surface water flows on a daily basis

(1)  This Part may be amended for the purpose of enabling the sharing of surface water flows on a daily basis.

(2)  Any such amendment may include, but need not be limited to:

(a)  the establishment or modification of TDELs in these water sources,

(b)  the establishment or modification of IDELs for access licences in these water sources,

(c)  the establishment or modification of approved groups and rules to govern the operation of those groups, with respect to TDELs or IDELs in these water sources,

(d)  the imposition, removal or modification of mandatory conditions, or

(e)  to provide for the amendment of the share component or the extraction component of one or more access licences in these water sources pursuant to section 68A of the Act.

66 Williams River Water Source Accreditation Scheme

There is a Williams River Water Source Accreditation Scheme which affects unregulated river access licences in the Williams River Water Source, as specified in clauses 19 (3) (h) and 17 (1) (mm) of this Plan.

Note—

The Williams River Water Source Accreditation Scheme is defined in the Dictionary.

cl 66: Am 2013 (87), Sch 1 [88].

67 Access to the Very Low Flow Class in these water sources

Access to the Very Low Flow Class in these water sources is limited to access licences, as specified in clause 19 (3) (a) and (i) of this Plan.

Note—

Clause 93 provides for amendments to Schedule 2.

cl 67: Am 2013 (87), Sch 1 [89].

Division 4 Management of surface and groundwater connectivity

68 Access licences which nominate a water supply work which may be used to take water from the alluvial sediments in these water sources

(1)  Except for an aquifer access licence referred to in subclause (3), all aquifer access licences:

(a)  in the Isis River Water Source, the Upper Hunter River Water Source, the Rouchel Brook Water Source, the Muswellbrook Water Source, the Jerrys Management Zone of the Jerrys Water Source, the Glennies Water Source, the Glendon Brook Water Source, the Luskintyre Water Source, the Singleton Water Source, the Black Creek Water Source, the Wallis Creek Water Source, the Newcastle Water Source, the Paterson/Allyn Rivers Water Source, the Williams River Water Source, the Upper Paterson Water Source, the North Lake Macquarie Water Source, the South Lake Macquarie Water Source or the Dora Creek Water Source, and

(b)  which nominate a water supply work which may be used to take water from the alluvial sediments in these water sources, which is located at or less than 40 metres from the top of the high bank of a river,

shall from year six of this Plan, be subject to the same access rules as unregulated river access licences for the corresponding water source or management zone specified in clause 19 of this Plan.

(2)  All aquifer access licences:

(a)  in the Munmurra River Water Source, the Krui River Water Source, the Bow River Water Source, the Merriwa River Water Source, the Halls Creek Water Source, the Baerami Creek Water Source, the Widden Brook Water Source, the Bylong River Water Source, the Wollar Creek Water Source, the Upper Goulburn River Water Source, the Lower Goulburn River Water Source, the Dart Brook Water Source, the Pages River Water Source, the Martindale Creek Water Source, the Doyles Creek Water Source, the Lower Wollombi Brook Water Source or the Upper Wollombi Brook Water Source, and

(b)  which nominate a water supply work which may be used to take water from the alluvial sediments in these water sources,

shall be subject to the same access rules as unregulated river access licences for the corresponding water source or management zone specified in clause 19 of this Plan.

(2A)  All aquifer licences in the Wybong Creek Water Source, which nominate a water supply work which may be used to take water from these alluvial sediments in these water sources shall be subject to the same access rules as unregulated river access licences for the corresponding management zone specified in clause 19 of this Plan.

(3)  Any aquifer access licence arising from a dealing involving the conversion of an unregulated river access licence to an aquifer access licence, under Part 12 of this Plan, shall be subject to the same access rules as unregulated river access licences for the corresponding water source or management zone specified in clause 19 of this Plan.

(4)  A local water utility access licence which nominates a new water supply work which may be used to take water from the alluvial sediments in these water sources, which is at or less than 40 metres from the top of the high bank of a river, shall be subject to the same access rules as unregulated river access licences for the corresponding water source or management zone specified in clause 19 of this Plan.

(5)  An access rule specified in clause 19 for unregulated river access licences that requires a visible flow at the pump site shall be taken to mean a visible flow in the river immediately adjacent to the water supply work being used to take water from the alluvial sediments.

(6)  Subclauses (1) to (4) do not apply to the taking of water:

(a)  under an access licence used only to account for the taking of water in association with an aquifer interference activity for an approved EP&A Act development when:

(i)  in the Minister’s opinion, there are no reasonably practicable measures the access licence holder can take to comply with the access rules under this clause, and

(ii)  the access licence holder has a water management plan for the aquifer interference activity that has been approved in accordance with the development consent for the activity under the Environmental Planning and Assessment Act 1979, and

(iii)  the water management plan includes conditions that require the return of water to the water source to mitigate the taking of water during times when the access rules apply under this clause, or

(b)  under an access licence used only to account for the taking of water in association with an aquifer interference activity when:

(i)  in the Minister’s opinion, there are no reasonably practicable measures the access licence holder can take to comply with the access rules under this clause, and

(ii)  the access licence holder has a water management plan for the aquifer interference activity that has been approved by the Minister, and

(iii)  the water management plan includes conditions that require the return of water to the water source to mitigate the taking of water during times when the access rules apply under this clause.

cl 68: Am 2013 (87), Sch 1 [90] [91] [93]–[96]; 2013 No 47, Sch 2.39 [2]; 2016 (388), Sch 1 [55]–[57].

Part 12 Access licence dealing rules

69 Access licence dealing rules

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

(2)  An access licence dealing may only be made in accordance with the water management principles, the access licence dealing rules established by this Plan and any access licence dealing principles order which is in force under section 71Z of the Act.

(3)  If permitted pursuant to the principles and rules referred to in subclause (2), an access licence with an adaptive environmental water condition in these water sources may be the subject of an assignment dealing under section 71T of the Act, but only to the extent that any part of the water allocation of an access licence which is subject to an adaptive environmental water condition is not required to meet the adaptive environmental water condition.

(4)  If permitted pursuant to the principles and rules referred to in subclause (2), an access licence with an adaptive environmental water condition in these water sources may be the subject of a dealing, provided that the benefit to the environment provided for in the adaptive environmental condition remains the same.

Note—

There are a number of mechanisms within the Act, called access licence dealings, to change either the holder 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.

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 71Z of the Act provides for the Minister’s access licence dealing principles to prevail.

Note—

An unregulated river (subcategory “Aboriginal community development”) access licence is not fully commercial. Allocations under these licences will be able to be traded to non-Aboriginal people however the licence itself can only be traded amongst Aboriginal people, and as such will remain in the Aboriginal community for the life of the licence. These licences will not be able to be converted to any other category of licence. Aboriginal communities, enterprises and individuals are encouraged to seek financial assistance from funding bodies to purchase fully commercial licences.

70 Rules relating to constraints within these water sources

(1)  This clause applies to any dealings under sections 71Q, 71S, 71T and 71W of the Act within these water sources.

(2)  The dealings specified in subclause (1) are prohibited if:

(a)  the dealing involves an assignment of water allocation under section 71T of the Act, from a major utility access licence or from an unregulated river (high flow) access licence to another category of access licence within these water sources,

(b)  the dealing would result in the amount of total extraction of water from the alluvial sediments in these water sources, under aquifer access licences which nominate a water supply work used to take water from alluvial sediments in these water sources, plus basic landholder rights extractions, requiring a temporary water restriction order to be made under section 324 (2) of the Act,

(c)  the dealing involves an assignment of access rights under section 71Q of the Act, or an allocation assignment under section 71T of the Act from an aquifer access licence that nominates a water supply works which may be used to take water from the alluvial sediments in these water sources, which is located more than 40 metres from the top of the bank of a river to an aquifer access licence that nominates a water supply work which may be used to take water from the alluvial sediments in these water sources, which is located within 40 metres from the top of the bank of a river, in the Isis River Water Source, the Upper Hunter River Water Source, the Rouchel Brook Water Source, the Muswellbrook Water Source, the Jerrys Water Source, the Glennies Water Source, the Glendon Brook Water Source, the Luskintyre Water Source, the Singleton Water Source, the Black Creek Water Source, the Wallis Creek Water Source, the Newcastle Water Source, the Paterson/Allyn Rivers Water Source, the Williams River Water Source, the Upper Paterson Water Source, the North Lake Macquarie Water Source, the South Lake Macquarie Water Source or the Dora Creek Water Source,

(d)  the dealing involves an assignment of access rights under section 71Q of the Act, or an allocation assignment under section 71T of the Act from an access licence which nominates a water supply works that is located more than 200 metres from the top of the bank of a river to an access licence which nominates a water supply works that is located within 200 metres from the top of the bank of a river, in the Hunter Regulated River Alluvial Water Source,

(e)  the dealing involves an assignment of access rights under section 71Q of the Act, or an allocation assignment under section 71T of the Act from an access licence which nominates a water supply work that is located within 200 metres from the top of the bank of the a river to an access which nominates a water supply work that is located at a distance that is closer to the top of the bank of the river, in the Hunter Regulated River Alluvial Water Source,

(f)  the dealing involves an assignment of access rights under section 71Q of the Act, or an allocation assignment under section 71T of the Act from an access licence in:

(i)  the Upper Goulburn River Water Source, the Rouchel Brook Water Source and the Upper Wollombi Brook Water Source, to another access licence that nominates a water supply work that is upstream from a water supply work nominated by the access licence, unless the dealing relates to access licences for the same property,

(ii)  the Pages River Water Source in a downstream direction from the Murrurundi Management Zone, the Scotts Creek Management Zone, the Kewell Creek Management or the Gundy Management Zone into the Segenhoe Management Zone,

(iii)  the Segenhoe Management Zone, the Gundy Management Zone or the Kewell Creek Management Zone in the Pages River Water Source, to another access licence in the Murrurundi Management Zone or the Scotts Creek Management Zone in the Pages River Water Source,

Note—

This is to prevent dealings from below Camerons Gorge National Park to above Camerons Gorge National Park.

(iv)  the Upper Middle Brook Management Zone, the Upper Dart Brook Management Zone or the Petwyn Vale Management Zone in the Dart Brook Water Source to another access licence not in the same management zone,

(v)  the Upper Middle Brook Management Zone, the Upper Dart Brook Management Zone or the Petwyn Vale Management Zone to another access licence in the Lower Dart Brook Management Zone or the Lower Middle Brook and Kingdon Ponds Management Zone in the Dart Brook Water Source,

(vi)  the Lower Dart Brook Management Zone to another access licence in the Lower Middle Brook and Kingdon Ponds Management Zone in the Dart Brook Water Source,

(vii)  the Muswellbrook Water Source, the Jerrys Water Source, the Singleton Water Source, the Luskintyre Water Source or the Newcastle Water Source, to another access licence that nominates a water supply work that is in a different tributary to a water supply work nominated by the access licence in the water source,

(viii)  the Glennies Water Source, if the access licence nominates a water supply work in a stream below Glennies Creek Dam to another access licence that nominates a water supply work in a stream above Glennies Creek Dam,

(ix)  the Black Creek Water Source from any access licence which nominates a water supply work with a runoff harvesting dam to another access licence in Black Creek or its tributaries,

(x)  the Williams River Water Source, if the access licence nominates a water supply work in a stream below Chichester Dam to another access licence that nominates a water supply work in a stream above Chichester Dam, or

(xi)  the Munmurra River, the Bow River, the Krui River, the Merriwa River, the Martindale River, the Dart Brook, the Hunter Regulated River Alluvial Water Source, the Pages River, the Upper Goulburn River, the Lower Goulburn River, the Upper Wollombi Brook, the Lower Wollombi Brook, the Halls Creek, the Baermai Creek, the Widden Brook, the Bylong River, the Wollar Creek, the Upper Goulburn River, the Doyles Creek or the Lower Goulburn River Water Sources, to another access licence in the water source which is subject to an order under section 324 of the Act,

(g)  the dealing involves an assignment of access rights under section 71Q of the Act from an access licence in the Downstream Glennies Creek Management Zone and the Glennies Creek Management Zone of the Hunter Regulated River Alluvial Water Source, to an access licence the Upstream Glennies Creek Management Zone of the Hunter Regulated River Alluvial Water Source, where it would result in the sum of all share components in the Upstream Glennies Creek Management Zone exceeding the total share components of all access licences in the Upstream Glennies Creek Management Zone at the commencement of this Plan,

(h)  the dealing involves an allocation assignment under section 71T of the Act from an access licence in the Downstream Glennies Creek Management Zone and the Glennies Creek Management Zone of the Hunter Regulated River Alluvial Water Source, to the Upstream Glennies Creek Management Zone, where in the opinion of the Minister:

(i)  the dealing would place the supply of water for water allocations already in the water allocation accounts of access licences nominating water supply works in Management Zone 1 specified in the Water Sharing Plan for the Hunter Regulated River Water Source 2003, at risk, or

(ii)  the dealing would place the future reliability of supply to access licences in Management Zone 1 specified in the Water Sharing Plan for the Hunter Regulated River Water Source 2003, at significant risk,

Note—

At the commencement of this Plan, the Access Licence Dealing Principles Order 2004 does not allow for dealings between regulated river or unregulated river water sources to groundwater sources. Dealings between regulated river access licences and aquifer access licences may be allowed in future Water Sharing Plans. At the commencement of this Plan, the Water Sharing Plan for the Hunter Regulated River Water Source 2003 does not currently allow for dealings between alluvial and regulated river access licences.

(i)  the dealing involves an allocation assignment under section 71T of the Act from an access licence in the Upstream Glennies Creek Management Zone and the Downstream Glennies Creek Management Zone of the Hunter Regulated River Alluvial Water Source, to the Glennies Creek Management Zone of the Hunter Regulated River Alluvial Water Source, where in the opinion of the Minister:

(i)  the dealing would place the supply of water for water allocations already in the water allocation accounts of access licences nominating water supply works in Management Zone 3 specified in the Water Sharing Plan for the Hunter Regulated River Water Source 2003, at any risk, or

(ii)  the dealing would place the future reliability of supply to access licences in Management Zone 3 specified in the Water Sharing Plan for the Hunter Regulated River Water Source 2003, at significant risk,

(j)  the dealing involves an access licence that currently nominates a water supply works in:

(i)  the Upper Goulburn River Water Source, the Rouchel Brook Water Source or the Upper Wollombi Brook Water Source, being amended under section 71W of the Act to nominate a water supply work located in an upstream direction,

(ii)  the Murrurundi Management Zone, the Scotts Creek Management Zone, the Kewell Creek Management Zone or the Gundy Management Zone in the Pages River Water Source being amended under section 71W of the Act to nominate a water supply work in the Segenhoe Management Zone in the Pages River Management Zone,

(iii)  the Segenhoe Management Zone, Gundy Management Zone or Kewell Creek Management Zone in the Pages River Water Source, being amended under section 71W of the Act to nominate a water supply work in the Murrurundi Management Zone or the Scotts Creek Management Zone in the Pages River Water Source,

(iv)  the Upper Middle Brook Management Zone, the Upper Dart Brook Management Zone or the Petwyn Vale Management Zone in the Dart Brook Water Source, being amended under section 71W of the Act to nominate a water supply work not in the same management zone,

(v)  the Upper Middle Brook Management Zone, the Upper Dart Brook Management Zone or the Petwyn Vale Management Zone in the Dart Brook Water Source being amended under section 71W of the Act to nominate a water supply work in the Lower Dart Brook Management Zone or Lower Middle Brook and Kingdon Ponds Management Zone in the Dart Brook Water Source,

(vi)  the Lower Dart Brook Management Zone in the Dart Brook Water Source being amended under section 71W of the Act to nominate a water supply work in the Lower Middle Brook and Kingdon Ponds Management Zone in the Dart Brook Water Source,

(vii)  the Muswellbrook Water Source, the Jerrys Water Source, the Singleton Water Source, the Luskintyre Water Source, the Newcastle Water Source, being amended under section 71W of the Act to nominate a water supply work in a different tributary within the water source,

(viii)  streams below Glennies Creek Dam being amended under section 71W of the Act to nominate a water supply work into streams above Glennies Creek Dam in the Glennies Water Source,

(ix)  the Black Creek Water Source which is a runoff harvesting dam being amended under section 71W of the Act to nominate a water supply work which take water from Black Creek or its tributaries,

(x)  streams below Chichester Dam being amended under section 71W of the Act to nominate a water supply work into streams above Chichester Dam in the Williams River Water Source,

(xi)  the Murmurra River, the Bow River, the Krui River, the Merriwa River, the Martindale River, the Doyles River, the Dart Brook, Hunter Regulated River Alluvial Water Source, the Pages River, the Upper Goulburn River, the Lower Goulburn River, the Upper Wollombi Brook, the Lower Wollombi Brook, the Halls Creek, the Baermai Creek, the Widden Brook, the Bylong River, the Wollar Creek, the Upper Goulburn River and the Lower Goulburn River Water Sources, being amended under section 71W of the Act to nominate a water supply work in an area which is subject to an order under section 324 of the Act,

(xii)  the Downstream Glennies Creek Management Zone and the Glennies Creek Management Zone in the Hunter Regulated River Alluvial Water Source being amended under section 71W of the Act to nominate a water supply work in the Upstream Glennies Creek Management Zone in the Hunter Regulated River Alluvial Water Source, if it would result in the sum of share components of all access licences in the Upstream Glennies Creek Management Zone exceeding the total share components of all access licences in the Upstream Glennies Creek Management Zone at the commencement of this Plan, and

(xiii)  the Downstream Glennies Creek Management Zone and the Upstream Glennies Creek Management Zone of the Hunter Regulated River Alluvial Water Source, being amended under section 71W of the Act to nominate a water supply work in the Glennies Creek Management Zone in the Hunter Regulated River Alluvial Water Source if, in the opinion of the Minister, this would place the supply of water allocations already in the water for water allocation accounts of access licences which nominate a water supply work in the Glennies Creek Management Zone, at risk,

(k)  the dealing involves an access licence that nominate a water supply works which may be used to take water from the alluvial sediments in these water sources, which is located more than 40 metres from the top of the bank of a river being amended under section 71W of the Act to nominate a water supply work which may be used to take water from the alluvial sediment in these water sources which is located within 40 metres from the top of the bank of a river, in the Isis River Water Source, the Upper Hunter River Water Source, the Rouchel Brook Water Source, the Muswellbrook Water Source, the Jerrys Water Source, the Glennies Water Source, the Glendon Brook Water Source, the Luskintyre Water Source, the Singleton Water Source, the Black Creek Water Source, the Wallis Creek Water Source, the Newcastle Water Source, the Paterson/Allyn Rivers Water Source, the Williams River Water Source, the Upper Paterson Water Source, the North Lake Macquarie Water Source, the South Lake Macquarie Water Source and the Dora Creek Water Source,

(l)  the dealing involves an access licence that nominates a water supply works which is located more than 200 metres from the top of the bank of a river being amended under section 71W of the Act to nominate a water supply work which is located within 200 metres from the top of the bank of a river, in the Hunter Regulated River Alluvial Water Source,

(m)  the dealing involves access licence that nominates a water supply work which is located within 200 metres from the top of the bank of the a river being amended under section 71W of the Act to nominate a water supply work which is located at a distance closer to the top of the bank of the river, in the Hunter Regulated River Alluvial Water Source,

(n)  the dealing involves an assignment of access rights under section 71Q of the Act, an allocation assignment under section 71T of the Act or an access licence being amended under section 71W of the Act from an access licence in the Kars Springs Management Zone in the Wybong Creek Water Source, if it would cause the sum of the share components of all access licences:

(i)  in the Kars Springs, Bunnan and White Rock Management Zones in the Wybong Creek Water Source to exceed 4,231,

(ii)  in the Cuan and Reedy Creeks Management Zone and Cuan Management Zone in the Wybong Creek Water Source to exceed 553, or

(iii)  in the Manobalai and Wybong Management Zones in the Wybong Creek Water Source to exceed 6,719,

(o)  the dealing involves an assignment of access rights under section 71Q of the Act, an allocation assignment under section 71T of the Act or an access licence being amended under section 71W of the Act from an access licence in the Cuan Management Zone in the Wybong Creek Water Source:

(i)  to another access licence in the:

(A)  Kars Springs Management Zone, or

(B)  Bunnan Management Zone, or

(ii)  if it would cause the sum of the share components of all access licences:

(A)  in the Kars Springs, Bunnan and White Rock Management Zones in the Wybong Creek Water Source to exceed 4,231,

(B)  in the Cuan and Reedy Creeks Management Zone and Cuan Management Zone in the Wybong Creek Water Source to exceed 553, or

(C)  in the Manobalai and Wybong Management Zones in the Wybong Creek Water Source to exceed 6,719,

(p)  the dealing involves an assignment of access rights under section 71Q of the Act, an allocation assignment under section 71T of the Act or an access licence being amended under section 71W of the Act from an access licence in the White Rock Management Zone in the Wybong Creek Water Source:

(i)  to another access licence in the:

(A)  Kars Spring Management Zone,

(B)  Bunnan Management Zone,

(C)  Cuan Management Zone, or

(D)  Cuan and Reedy Creeks Management Zone, or

(ii)  if it would cause the sum of the share components of all access licences in the Manobalai and Wybong Management Zones in the Wybong Creek Water Source to exceed 6,719,

(q)  the dealing involves an assignment of access rights under section 71Q of the Act, an allocation assignment under section 71T of the Act or an access licence being amended under section 71W of the Act from an access licence in the Bunnan Management Zone in the Wybong Creek Water Source:

(i)  to another access licence in the:

(A)  Kars Spring Management Zone, or

(B)  Cuan Management Zone, or

(ii)  if it would cause the sum of the share components of all access licences:

(A)  in the Kars Springs, Bunnan and White Rock Management Zones in the Wybong Creek Water Source to exceed 4,231,

(B)  in the Cuan and Reedy Creeks Management Zone and Cuan Management Zone in the Wybong Creek Water Source to exceed 553, or

(C)  in the Manobalai and Wybong Management Zones in the Wybong Creek Water Source to exceed 6,719,

(r)  the dealing involves an assignment of access rights under section 71Q of the Act, an allocation assignment under section 71T of the Act or an access licence being amended under section 71W of the Act from an access licence in the Cuan and Reedy Creeks Management Zone in the Wybong Creek Water Source:

(i)  to another access licence in the:

(A)  Kars Spring Management Zone,

(B)  Bunnan Management Zone, or

(C)  Cuan Management Zone, or

(ii)  if it would cause the sum of the share components of all access licences:

(A)  in the Kars Springs, Bunnan and White Rock Management Zones in the Wybong Creek Water Source to exceed 4,231, or

(B)  in the Manobalai and Wybong Management Zones in the Wybong Creek Water Source to exceed 6,719,

(s)  the dealing involves an assignment of access rights under section 71Q of the Act, an allocation assignment under section 71T of the Act or an access licence being amended under section 71W of the Act from an access licence in the Manobalai Management Zone in the Wybong Creek Water Source:

(i)  to another access licence in the:

(A)  Kars Spring Management Zone,

(B)  Bunnan Management Zone,

(C)  White Rock Management Zone,

(D)  Cuan Management Zone, or

(E)  Cuan and Reedy Creeks Management Zone, or

(ii)  if it would cause the sum of the share components of all access licences in the Manobalai and Wybong Management Zones in the Wybong Creek Water Source to exceed 6,719,

(t)  the dealing involves an assignment of access rights under section 71Q of the Act, an allocation assignment under section 71T of the Act or an access licence being amended under section 71W of the Act from an access licence in the Wybong Management Zone in the Wybong Creek Water Source.

(3)  The Minister may amend this Plan, at year five of this Plan, to modify the rules relating to access licence dealings within the Pages River Water Source to allow downstream dealings, based on studies which determine how dealing rules influence the spread of access licences and the ability to mitigate clustering of licenced entitlement.

Note—

The intention of the study is to prevent the occurrence of hotspots in the Segenhoe Management Zone through the spread of entitlement and adoption of appropriate dealing limits.

(4)  The Minister may amend this Plan, during the term of this Plan, to modify the rules relating to access licence dealings within the Upper Wollombi, the Upper Goulburn and the Rouchel Brook (excluding Back Creek) Water Sources to allow upstream dealings, based on studies which define groundwater dependent ecosystems or aquatic environmental features and their water requirements.

Note—

The intention of the study is to allow for increased flexibility in dealing rules whereby upstream dealings may be considered where key environmental values can be identified and protected within the water source.

(5)  The Minister may amend this Plan, during the term of this Plan, to amend the access licence dealing rules within the Hunter River, Paterson River and Wallis Creek Tidal Pool Water Sources in association with the development of access rules for those water sources.

(6)  The Minister may amend this Plan to increase the limit set in subclause (2) (j) (xii) providing that:

(i)  an assessment of the possible impacts on the environment and water access has been carried out,

(ii)  consultation with access licence holders and the Minister for the Environment has been undertaken, and

(iii)  the Minister is satisfied that there will be no impact on environmental water in the water source or on water access in the water source.

cl 70: Am 2009 No 106, Sch 2.47 [6]; 2013 (87), Sch 1 [97]–[102]; 2016 (388), Sch 1 [58] [59].

71 Rules for change of water source

(1)  This clause relates to dealings under section 71R and 71W of the Act.

Note—

Section 71R dealings are the mechanism by which access licences can move from one water source to another. Once the change in water source has been affected, if permitted, the new licence will have to nominate specified works (by a dealing under section 71W of the Act) in the receiving water source before extraction can commence.

(2)  Dealings under section 71R and 71W of the Act to change the water source to which an access licence applies are prohibited in these water sources if:

(a)  the dealing involves a change of water source from one extraction management unit to another extraction management unit, and

(b)  the dealing is from any water source within the Lake Macquarie or Greater Hunter Extraction Management Unit, except for:

(i)  dealings from the Upper Wollombi Brook to the Lower Wollombi Brook Water Sources, and

(ii)  dealings into the Krui River, the Bow River, the Bylong River, the Wollar Creek, Halls Creek, the Baerami Creek, the Widden Brook, Dart Brook, the Pages River, the Isis River, the Muswellbrook, the Jerrys, the Glendon Brook, the Luskintyre, the Singleton, the Martindale Creek, the Doyles Creek, the Lower Wollombi Brook, the Black Creek, the Wallis Creek and the North Lake Macquarie Water Sources, provided that the dealing does not cause the sum of all access licence share components in the respective water sources to exceed the sum of all access licence share components for the water source at the commencement of this Plan.

Note—

Dealings between regulated river access licences and aquifer access licences may be allowed in future Water Sharing Plans. The Water Sharing Plan for the Hunter Regulated River Water Source 2003 does not currently allow for dealings between alluvial and regulated river access licences. These rules should be reviewed at the term of this Plan.

(3)  Dealings under section 71R and 71W of the Act to change the water source to which an access licence applies are prohibited in these water sources if the dealing involves an unregulated river (high flow) access licence.

(4)  Dealings under section 71R and 71W of the Act to change the water source to which an access licence applies are prohibited in these water sources if the dealing would result in the total extraction pursuant to access licences which nominate a water supply works which may be used to take water from the alluvial sediments in these water sources, plus basic landholder rights extraction would require a temporary water restriction order to be made under section 324 (2) of the Act.

(5)  Unless the application is for a replacement water supply work being used to take water from the alluvial sediments in these water sources that is part of a bore network for a local water utility or town water supply or a new water supply works which may be used to take water from alluvial sediments in these water sources required as part of a dealing involving the conversion of an unregulated river access licence to an aquifer access licence under section 71O of the Act, consent to a nominated work under section 71W, is not to be granted in these groundwater sources, if it would result in a water supply work which may be used to take water from the alluvial sediments in these water sources being authorised to extract water within 40 metres of the top of the high bank of a river.

(6)  Dealings under section 71R and 71W of the Act to change the water source to which an access licence applies are prohibited except where both access licences involved in the dealing:

(a)  nominate the same water supply work, or

(b)  the nominated water supply work exists on the same area of land owned by the same person, or

(c)  the nominated water supply work exists on adjoining areas of land owned by the same person.

Note—

This is to allow for dealings to occur on a property, where the given property extends over two or more water sources, to allow for the reasonable movement of water around the property.

(7)  An access licence with a share component specifying a water source in these water sources may be cancelled and a new access licence issued in another water source outside these water sources only if:

(a)  the new access licence issued is in a water source that is within the Greater Hunter or Lake Macquarie Extraction Management Units, and

(b)  the access licence dealing rules in the other surface water source permit such a dealing.

(8)  An access licence with a share component specifying a water source outside of these water sources may be cancelled and a new licence issued in a water source in these water sources only if:

(a)  the access licence cancelled is in a water source that is within the Greater Hunter or Lake Macquarie Extraction Management Units, and

(b)  the access licence dealing rules in the other surface water source permit such a dealing.

(9)  The share component on any access licence issued under this clause is to be equal to the cancelled access licence share component.

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

(11)    (Repealed)

(12)  The Minister may amend this Plan, during the term of this Plan, to amend the dealing rules to permit dealings into and/or out of the Hunter River, Paterson River and Wallis Creek Tidal Pool Water Sources in association with the development of access rules for those water sources.

(13)  The Minister may amend this Plan, during the term of this Plan, to amend the rules relating to prohibition of no trading into the Upper Goulburn River Water Source to allow no net gain dealings based on studies which define groundwater dependent ecosystems or aquatic environmental features and their water requirements.

Note—

The intention of the study is to allow for increased flexibility in dealing rules whereby no net gain dealings may be considered where key environmental values can be identified and protected within the water source.

cl 71: Am 2016 (388), Sch 1 [60]–[62].

72 Rules for conversion of access licence category

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

(2)  Conversion of an access licence of one category to an access licence of another category is permitted only if the conversion is from:

(a)  an unregulated river access licence to an aquifer access licence in these water sources,

(b)  an aquifer access licence to an unregulated river access licence in the Martindale Creek, the Doyles River, the Dart Brook, the Pages River, the Upper Wollombi Brook, the Lower Wollombi Brook, the Munmurra River, the Krui River, the Bow River, the Merriwa River, the Halls Creek, the Baermai Creek, the Widden Brook, the Bylong River, the Wollar Creek, the Jerrys, the Hunter Regulated River Alluvial, the Upper Goulburn River or the Lower Goulburn River Water Sources,

(c)  an unregulated river access licence to an major utility access licence, or

(d)  an unregulated river access licence to an unregulated (high flow) access licence in the Pages River Water Source, the Isis River Water Source, the Lower Wollombi Brook Water Source, the Rouchel Brook Water Source or the Paterson/Allyn Rivers Water Source.

(3)  For any conversion of an access licence under subclause (2), the access licence being converted shall be cancelled and a new licence issued.

(4)  The share component on an access licence issued under subclause (2) (a), (b), and (c) is to be equal to the cancelled access licence share component.

(5)  The share component on an access licence issued under subclause (2) (d) is to be equal to 2 times the cancelled access licence share component.

(6)  This Plan establishes the following limits for the total amount of all access licence share components that may be converted to unregulated river (high flow) access licences under subclause (2) (d):

(a)  a total of 282.5 unit shares in the Pages River Water Source (excluding the Murrurundi, Scotts Creek and Segenhoe Management Zones) and Isis River Water Source combined,

(b)  346.5 unit shares in the Lower Wollombi Brook Water Source,

(c)  159.5 unit shares in the Rouchel Brook Water Source, and

(d)  528.5 unit shares in the Paterson/Allyn Rivers Water Source (excluding the Paterson River Tributaries Management Zone).

73 Rules for interstate access licence transfer and assignment of water allocation

(1)  This clause relates to dealings under section 71U and 71V of the Act.

(2)  Dealings that result in the interstate transfer of an access licence into or out of these water sources, or the interstate assignment of water allocations to or from these water sources are prohibited.

74 Rules for water allocation assignments between water sources

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

(2)  Dealings under section 71T of the Act that result in water allocation assignments from a major utility access licence to any other access licence are prohibited.

(3)  Dealings under section 71T of the Act that result in water allocation assignments to or from an access licence in one of these water sources to or from an access licence in another of these water sources are prohibited if the dealing involves an unregulated river (high flow) access licence.

(4)  Dealings under section 71T that result in water allocation assignments to or from an access licence in one of these water sources to or from an access licence in another of the water sources are prohibited in these water sources if the dealing would result in the total extraction under access licences through nominated water supply works which may be used to take water from alluvial sediments in these water sources, plus basic landholder rights extraction, requiring a temporary water restriction order to be made under section 324 (2) of the Act.

(5)  Dealings under section 71T of the Act that result in water allocation assignments to or from an access licence in one of these water sources to or from an access licence in another of these water sources are prohibited if:

(a)  the dealing involves a change of water source from one extraction management unit to another extraction management unit, and

(b)  the dealing involves a change of water source from any water source within the Lake Macquarie or Greater Hunter Extraction Management Units, except for:

(i)  dealings between the Upper Wollombi Brook and Lower Wollombi Brook Water Sources, and

(ii)  dealings into the Krui River, the Bow River, the Halls Creek, the Baerami Creek, the Widden Brook, the Bylong River, the Wollar Creek, the Lower Goulburn River, the Dart Brook, the Pages River, the Isis River, the Muswellbrook, the Jerrys, the Glendon Brook, the Luskintyre, the Singleton, the Martindale Creek, the Doyles Creek, the Lower Wollombi Brook, the Black Creek, the Wallis Creek and the North Lake Macquarie Water Sources, provided it does not cause the total access licence share components in the respective water source to exceed the total access licence share components in that water source at the commencement of this Plan.

(6)  The Minister may, during the term of this Plan, amend the rules relating to prohibition of no trading into the Upper Goulburn River Water Source to allow no net gain dealings based on studies to define groundwater dependent ecosystems or aquatic environmental features and their water requirements.

Note—

The intention of the study is to allow for increased flexibility in dealing rules whereby no net gain dealings may be considered where key environmental values can be identified and protected within the water source.

(7)  Dealings that assign water allocations to or from an access licence inside one of the water sources to or from a water source outside these water sources, but inside the respective Greater Hunter or Lake Macquarie Extraction Management Units, are permitted only if the access licence dealing rules in the other water source permit such a dealing.

cl 74: Am 2016 (388), Sch 1 [63] [64].

Part 13 Mandatory conditions

pt 13: Subst 2013 (87), Sch 1 [103].

Division 1 General

pt 13, div 1: Subst 2013 (87), Sch 1 [103].

75 General

In this Part:

(a)  a requirement to notify the Minister in writing will only be satisfied by writing to the address listed in Appendix 3 of this Plan or to the email address for the Department’s Advisory Service, Water Regulation, and

Note—

At the commencement of this Plan, the email address for the Department’s Advisory Service, Water Regulation is [e-mail].

(b)  a metered water supply work with a data logger means a water supply work with:

(i)  a meter that complies with Australian Standard AS 4747, Meters for non-urban water supply, as may be updated or replaced from time to time, and

(ii)  a data logger, and

(c)  if the holder of a water supply work approval is the same as the holder of the access licence under which water is proposed to be taken, then it is not necessary to maintain two separate Logbooks and all the required information can be kept in one Logbook.

Note—

Logbook is defined in the Dictionary.

cl 75: Subst 2013 (87), Sch 1 [103]; 2016 (388), Sch 1 [65].

Division 2 Access licences

Note—

This Division is made in accordance with sections 17 (c), 20 and 66 of the Act.

pt 13, div 2: Subst 2013 (87), Sch 1 [103].

76 General

(1)  Access licences in these water sources must have mandatory conditions where required to give effect to the following:

(a)  the relevant water allocation account management rules specified in Division 2 of Part 11 of this Plan,

(b)  the relevant access rules for the taking of water specified in Division 3 and Division 4 of Part 11,

(c)  the holder of the access licence upon becoming aware of a breach of any condition must:

(i)  notify the Minister as soon as practicable, and

(ii)  confirm this notification in writing within seven days of becoming aware of the breach, and

(d)  any other condition required to implement the provisions of this Plan.

(2)  Access licences in these water sources, excluding access licences that nominate only a metered water supply work with a data logger, must have mandatory conditions where required to give effect to the following:

(a)  the holder of the access licence must keep a Logbook,

(b)  the holder of the access licence must record the following in the Logbook:

(i)  each date and start and end time during which water was taken under the access licence,

(ii)  the volume of water taken on that date,

(iii)  the water supply work approval number of the water supply work used to take the water on that date,

(iv)  the purpose or the purposes for which water was taken on that date,

(v)  for domestic and stock access licences, local water utility access licences, unregulated river access licences, unregulated river (high flow) access licences and aquifer access licences with a share component that specifies one of these water sources, excluding the Baerami Creek Water Source, the Widden Brook Water Source, the Bylong River Water Source, the Wollar Creek Water Source, the Upper Goulburn River Water Source, the Lower Goulburn River Water Source, the Martindale Creek Water Source, the Doyles Creek Water Source, the Lower Wollombi Brook Water Source, the Appletree Flat Management Zone in the Jerrys Water Source, the Segenhoe Management Zone in the Pages River Water Source, the Halls Creek Water Source, the Lower Middle Brook and Kingdon Ponds Management Zone of the Lower Dart Brook Water Source and the Upper Wollombi Brook Water Source, the volume of water taken in the first three water years, by comparison to the maximum volume of water permitted to be taken in those years under clause 56 (4),

(vi)  for domestic and stock access licences, local water utility access licences, unregulated river access licences, unregulated river (high flow) access licences and aquifer access licences with a share component that specifies one of these water sources, excluding the Baerami Creek Water Source, the Widden Brook Water Source, the Bylong River Water Source, the Wollar Creek Water Source, the Upper Goulburn River Water Source, the Lower Goulburn River Water Source, the Martindale Creek Water Source, the Doyles Creek Water Source, the Lower Wollombi Brook Water Source, the Appletree Flat Management Zone in the Jerrys Water Source, the Segenhoe Management Zone in the Pages River Water Source, the Halls Creek Water Source, the Lower Middle Brook and Kingdon Ponds Management Zone in the Lower Dart Brook Water Source and the Upper Wollombi Brook Water Source, the volume of water taken in any three consecutive years after the first water year, by comparison to the maximum volume of water permitted to be taken in those years under clause 56 (3),

(vii)  for domestic and stock access licences, local water utility access licences, unregulated river access licences, unregulated river (high flow) access licences and aquifer access licences with a share component that specifies the Baerami Creek Water Source, the Widden Brook Water Source, the Bylong River Water Source, the Wollar Creek Water Source, the Upper Goulburn River Water Source, the Lower Goulburn River Water Source, the Martindale Creek Water Source, the Doyles Creek Water Source and the Lower Wollombi Brook Water Source, the Appletree Flat Management Zone in the Jerrys Water Source, the Segenhoe Management Zone in the Pages River Water Source, the Halls Creek Water Source, the Lower Middle Brook or Kingdon Ponds Management Zone in the Lower Dart Brook Water Source or the Upper Wollombi Brook Water Source, the volume of water taken in any water year, by comparison to the maximum volume of water permitted to be taken in that water year under clause 56 (5), and

(viii)  any other information required to be recorded in the Logbook under the rules of this Plan,

(c)  the holder of an access licence must produce the Logbook to the Minister for inspection, when requested, and

(d)  the holder of an access licence must retain the information required to be recorded in the Logbook for five years from the date to which that information relates.

(3)  The Minister may require the holder of an access licence that nominates only a metered water supply work with a data logger to keep a Logbook in accordance with any requirements from subclause (2).

(4)  All major utility access licences held by Hunter Water Corporation in the Greater Hunter Extraction Management Unit must have a mandatory condition to give effect to clauses 47 (6)–(10).

(5)  An access licence for an approved EP&A Act development must have mandatory conditions where required to give effect to the rules for the use of water supply works located within the restricted distances specified in clause 41A.

(6)    (Repealed)

cl 76: Subst 2013 (87), Sch 1 [103]. Am 2016 (388), Sch 1 [66]–[70].

Division 3 Water supply work approvals

Note—

This Division is made in accordance with sections 17 (c) and 100 of the Act.

pt 13, div 3: Ins 2013 (87), Sch 1 [103].

77 General

(1)  Water supply work approvals for water supply works in these water sources must have mandatory conditions where required to give effect to the following:

(a)  when directed by the Minister by notice in writing, the approval holder must have metering equipment installed that meets the following requirements:

(i)  the metering equipment must accurately measure and record the flow of all water taken through the water supply work,

(ii)  the metering equipment must comply with the Australian Standard AS 4747, Meters for non-urban water supply, as may be updated or replaced from time to time,

(iii)  the metering equipment must be operated and maintained in a proper and efficient manner at all times,

(iv)  the metering equipment must be sited and installed at a place in the pipe, channel or conduit between the water source and the first discharge outlet. There must be no flow of water out of the pipe, channel or conduit between the water source and the metering equipment, and

(v)  any other requirements as to type, standard or other criteria for the metering equipment specified in the notice,

Note—

The Minister may also direct a landholder or person to install, replace or properly maintain metering equipment under section 326 of the Act.

(b)  if a water supply work is no longer to be used permanently, then the approval holder of that work must decommission that work and provide the Minister with notice in writing that the approval holder intends to decommission the water supply work. This notice must occur at least ninety days prior to the date of commencement of decommissioning,

(c)  upon receiving notice of the intention to decommission from the approval holder under paragraph (b), the Minister may by notice in writing require that the water supply work not be decommissioned, or that the water supply work be decommissioned in accordance with other requirements. These requirements may be specified by the Minister in a work plan,

Note—

If a notice in writing is required from the Minister regarding the decommissioning of a water supply work, this notice will be sent to the approval holder within sixty days of the notice under paragraph (b) being sent.

(d)  if the approval holder receives a notice from the Minister under paragraph (c), the approval holder must proceed in accordance with any requirements in that notice,

(e)  if the approval holder does not receive a notice from the Minister under paragraph (c) within sixty days of providing notice of the intent to decommission under paragraph (b), the approval holder must decommission the water supply work,

(f)  within sixty days of the water supply work being decommissioned under paragraphs (d) or (e), the approval holder must notify the Minister in writing that the water supply work has been decommissioned,

(g)  the holder of the water supply work approval upon becoming aware of a breach of any condition of the approval must:

(i)  notify the Minister as soon as practicable, and

(ii)  if the notification under subparagraph (i) was not in writing, confirm this notification in writing within seven days of becoming aware of the breach, and

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

(2)  Water supply work approvals for water supply works in these water sources, excluding a water supply work that is a metered water supply work with a data logger or is used for the purpose of taking water under basic landholder rights, must have mandatory conditions where required to give effect to the following:

(a)  the holder of a water supply work approval must keep a Logbook,

(b)  the holder of a water supply work approval must record the following in the Logbook:

(i)  each date and period of time during which water was taken using the water supply work,

(ii)  the volume of water taken on that date,

(iii)  the access licence number of the access licence under which water was taken on that date, or, if water was taken under some other authority (such as basic landholder rights), the authority under which water was taken,

(iv)  the purpose or purposes for which the water was taken on that date,

(v)  details of any cropping carried out using the water taken through the water supply work including the type of crop, area cropped and dates of planting and harvesting,

(vi)  where metering equipment has been installed for use in connection with the water supply work, the meter reading before water is taken,

(vii)  where metering equipment has not been installed for use in connection with the water supply work, details of all pumping activities for the water supply work including pump running hours, pump power usage or pump fuel usage, pump start and stop times and pump capacity per unit of time, and

(viii)  any other information required to be recorded in the Logbook under the rules of this Plan,

(c)  the holder of the water supply work approval must produce the Logbook to the Minister for inspection, when requested, and

(d)  the holder of a water supply work approval must retain the information required to be recorded in the Logbook for five years from the date to which that information relates.

(3)  The Minister may require the holder of a water supply work approval for a metered water supply work with a data logger to keep a Logbook in accordance with any requirements under subclause (2).

(4)  All water supply work approvals for water supply works in these water sources must contain mandatory conditions to require that the water supply work must not be used to take water unless, before water is taken, the holder of the water supply work approval confirms that the relevant cease to take conditions do not apply. Where the holder is required to keep a Logbook, the holder must record that confirmation and the means of confirmation (such as visual inspection or internet search), in the Logbook.

(5)  A water supply work approval which authorises the construction or use of a water supply work which is nominated by a local water utility access licence or major utility access licence in these water sources, including all subcategories of major utility access licences, must have mandatory conditions where required to give effect to the relevant release rules for local water utility and major utility storages specified in Part 14 of this Plan.

(6)  Water supply work approvals for runoff harvesting dams and in-river dams must have a mandatory condition where required to give effect to clause 36.

cl 77: Subst 2013 (87), Sch 1 [103]. Am 2016 (388), Sch 1 [71] [72].

78 Water supply works used to take water from the alluvial sediments in these water sources

(1)  This clause applies to all water supply work approvals for water supply works that may be used to take water contained within the alluvial sediments in these water sources.

(2)  Water supply work approvals to which this clause applies must have mandatory conditions where required to give effect to the following:

(a)  the rules for limiting the taking of water within the distance restrictions as specified in clause 41A,

(b)  the approval holder must ensure the new water supply work is constructed so as to be:

(i)  screened in the groundwater source specified in the share component of the access licence that nominates the water supply work, and

(ii)  sealed off from other sources of water,

(c)  the construction of a new water supply work must:

(i)  comply with the restricted distances specified in or specified by the Minister in accordance with clauses 39–41,

(ii)  comply with the construction standards for that type of bore prescribed in the Minimum Construction Requirements for Water Bores in Australia, 2012,

(iii)  be constructed appropriately so as to prevent contamination between aquifers, and

(iv)  be constructed to prevent the flow of saline water between aquifers as directed by the Minister in writing,

(d)  if a water supply work is no longer to be used permanently, then the approval holder of that work must decommission that work and provide the Minister with notice in writing that the approval holder intends to decommission the water supply work. This notice must occur at least ninety days prior to the date of commencement of decommissioning and include a work plan for decommissioning in accordance with the Minimum Construction Requirements for Water Bores in Australia,

(e)  upon receiving notice of the intention to decommission from the approval holder under paragraph (d), the Minister may by notice in writing, require that the water supply work not be decommissioned, or that the water supply work be decommissioned in accordance with other requirements,

Note—

If a notice in writing is required from the Minister regarding the decommissioning of a water supply work, this notice will be sent to the approval holder within sixty days of the notice under paragraph (d) being sent.

(f)  if the approval holder receives a notice from the Minister under paragraph (e), the approval holder must proceed in accordance with any requirements in that notice,

(g)  if the approval holder does not receive a notice from the Minister under paragraph (e) within sixty days of providing notice of the intent to decommission under paragraph (d), the approval holder must decommission the water supply work in accordance with the work plan,

(h)  within sixty days of the water supply work being decommissioned under paragraphs (f) or (g), the approval holder must notify the Minister in writing that the water supply work has been decommissioned and provide the name of the driller who decommissioned the work,

(i)  if, during the construction of the water supply work, contaminated water is encountered above the production aquifer, the approval holder must:

(i)  notify the Minister within 48 hours of becoming aware of the contaminated water,

(ii)  take all reasonable steps to minimise contamination and environmental harm,

(iii)  ensure that such water is sealed off by inserting casing to a depth sufficient to exclude the contaminated water from the water supply work and, if specified by the Minister, place an impermeable seal between the casing(s) and the walls of the water supply work from the bottom of the casing to ground level as specified by the Minister, and

(iv)  if the Minister has specified any other requirements, comply with any requirements specified by the Minister in writing,

(j)  when directed by the Minister by notice in writing, the approval holder must provide a report in the form specified in the notice detailing the quality of any water obtained using the water supply work,

(k)  the authority to construct a water supply work under a water supply work approval will expire if the construction of that water supply work is not completed within three years of the issue of the water supply work approval,

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

(3)  A water supply work approval granted in circumstances where clause 39 (6) applies, must have a mandatory condition to give effect to clause 39 (6) (c).

cl 78: Subst 2013 (87), Sch 1 [103]. Am 2016 (388), Sch 1 [73] [74].

79–84 (Repealed)

cll 79–84: Rep 2013 (87), Sch 1 [103].

Part 14 System operation rules

85 Release rules from major utility storages

(1)  In the Williams River Water Source:

(a)  subject to paragraphs (b) and (f), when combined inflows from the Chichester and Wangat Rivers into Chichester Dam storage are less than 14 ML/day, a daily release of water equivalent to the combined inflows must be made,

(b)  releases of water are not required to be made when Chichester Dam is spilling at a rate that equals or exceeds the daily release requirement referred to in paragraph (a),

(c)  subject to paragraphs (d) and (f), when combined inflows from the Chichester and Wangat Rivers into Chichester Dam storage are equal to or greater than 14 ML/day, and Chichester Dam is not spilling, Hunter Water Corporation must make daily releases from Chichester Dam in the range of 10 ML/day to 30 ML/day in accordance with a release pattern determined by the Minister and specified as a mandatory condition on the water supply work approval in accordance with paragraph (d),

Note—

If the combined inflows from the Chichester and Wangat Rivers into Chichester Dam storage fall below 14 ML/day and then rise again above 14 ML/day, releases are to commence at the start of the release pattern.

(d)  the release pattern specified in paragraph (c) must achieve an average daily release of 14 ML/day if followed for a week,

(e)  when combined inflows from the Chichester and Wangat Rivers into Chichester Dam storage are equal to or greater than 14 ML/day, and Chichester Dam is spilling at a rate that does not equal or exceed the daily release requirement specified in paragraph (c), daily releases of water must be made such that the combination of the volume of water spilled from Chichester Dam and releases equals the daily release requirement referred to in paragraph (c), and

(f)  the Minister may suspend or alter the daily release requirements under paragraphs (a) and (c) for the purpose of an emergency or maintenance activity that has the potential to temporarily affect the flow volume or behaviour of water for periods of more than 24 hours.

(2)  The Minister may amend this Plan, during the term of this Plan, to amend subclause (1) to include release rules for Seaham Weir storage, based on the outcomes of the ‘Surface Water Access Rules for the Lower Williams River’ Supplementary Study to be undertaken by Hunter Water Corporation.

Note—

A study, as part of the licence requirements, is currently being undertaken to determine access rules and entitlements for the major utility access licence in this water source. The major utility currently extracts from both low and high flows however a breakdown of the volume from each has not been undertaken.

(3)  In the Jerrys Water Source:

(a)  no releases are required to be made from Lake Plashett, and

(b)  releases from Lake Lidell may only be made in accordance with the Protection of the Environment Operations (Hunter River Salinity Trading Scheme) Regulation 2002.

(4)  In the Upper Hunter Water Source, all natural inflows to Oakey Creek Dam must be allowed to pass downstream to Oakey Creek.

(5)  In the Newcastle Water Source, no releases are required to be made from Grahamstown Dam.

cl 85: Am 2013 (87), Sch 1 [104].

Part 15 Amendment of this Plan

86 Amendment of this Plan

(1)  Amendments specified throughout this Plan, and in this Part, are amendments authorised by this Plan.

(2)  Amendments authorised by this Plan are taken to include any consequential amendments required to be made to this Plan to give effect to that particular amendment.

Note—

For example, if Part 1 is amended to add a new management zone, this may require amendment to other parts of this Plan to include rules for that management zone.

(3)  An amendment authorised by this Plan which results in a variation of the bulk access regime, is an amendment authorised by this Plan for the purposes of section 87 (2) (c) and 87 AA of the Act.

(4)  Clause 44 may be amended to vary the long-term average annual extraction limit that applies to the extraction management unit or that water source following the surrender under section 77 of the Act of an access licence and then the cancellation under section 77A (6) of the Act of an access licence in one of these water sources.

cl 86: Am 2013 (87), Sch 1 [105]; 2016 (388), Sch 1 [75].

87 Amendment of tidal pool provisions

(1)  The Minister may amend this Plan to establish or modify flow classes, establish or modify a flow reference point, or amend access licence dealing rules, in the Wallis Creek Tidal Pool Water Source, the Paterson River Tidal Pool Water Source and the Hunter River Tidal Pool Water Source, following the review of a study referred to in clause 17 (2) (k) and the determination of licence entitlements.

(2)  The Minister should cause the development of access rules, and review of dealing rules in subclause (1) to be undertaken by year five of this Plan where possible, and no later than year ten of this Plan.

(3)  In developing the access rules and reviewing the dealing rules the Minister should consult with the Department of Environment and Climate Change, the Department of Primary Industries, Local Land Services, and representatives of interest groups and water users as required.

cl 87: Am 2013 (87), Sch 1 [106]; 2013 No 51, Sch 8.1 [2].

88 Amendment of pool protection provisions

(1)  The Minister may amend this Plan to establish pool control levels and key sites in applicable water sources.

(2)  For the purpose of such amendments, a study to identify pool control levels and key sites should be undertaken as soon as practicable, but before year six of this Plan.

(3)  The study should assess whether the pool control levels and key sites are required and whether they meet the objective specified in clause 10 (a) of this Plan, and specifically considering:

(a)  the suitability of the location of the key sites used in assessing pool health upstream of the site,

(b)  the drawdown of the water levels from the pool upstream of the key site during periods of extraction, and

(c)  the significance of the pools that are impacted by the drawdown.

(4)  In preparing the study:

(a)  consultation with the Department of Environment and Climate Change, the Department of Primary Industries, Local Land Services and representatives of interest groups should be undertaken, as required, and

(b)  a report should be prepared to be used by the agencies and stakeholders specified in paragraph (a) documenting:

(i)  the methodology adopted,

(ii)  the hypotheses tested,

(iii)  the field results and conclusions in terms of the degree to which the objective in clause 10 (a) is met,

(iv)  the pool control levels and key sites recommended to meet the objective, and

(v)  the socio-economic impacts of the recommended changes to the pool controls.

cl 88: Am 2013 (87), Sch 1 [107]; 2013 No 51, Sch 8.1 [2].

89 Amendments due to floodplain harvesting

This Plan may be amended to provide for the floodplain harvesting of water, subject to the amendments not affecting the outcomes of the long-term average annual extraction limit specified within this Plan.

Note—

This means that this Plan can be changed to issue and manage floodplain harvesting licences provided that the long-term average annual extraction limit does not increase or decrease.

90 Amendments to access rules

The Minister may amend this Plan:

(a)  to establish alternate management zones in the Williams River Water Source,

(b)  to amend or establish alternate flow classes in the Williams River Water Source,

(c)  to amend the share components in the Williams River and/or Newcastle Water Sources,

(d)  to amend the long-term average annual extraction limit for the Hunter Extraction Management Unit, or

(e)  to amend and/or establish additional accounting provisions.

cl 90: Subst 2016 (388), Sch 1 [76].

91 Amendments for alluvial aquifers downstream of the tidal limit

The Minister may amend this Plan, where required, to include provisions and rules for any alluvial aquifer that is downstream of the tidal limit and within or outside of the area of this Plan.

92 Amendments for stormwater harvesting

The Minister may amend this Plan to include rules for any new category of access licence established under the Act for the purpose of stormwater harvesting.

93 Amendments in relation to Schedule 2 (Very Low Flow)

The Minister may amend this Plan to:

(a)  add a Water Act 1912 entitlement or access licence to Schedule 2, but only if the taking of water under that entitlement was for a purpose referred to in clause 19 (3) (i) (i) and the purpose existed prior to 1 July 2008,

(b)  remove a Water Act 1912 entitlement from Schedule 2, if:

(i)  any access licence dealing results in water being taken, under the access licence which replaced the Water Act 1912 entitlement, from a different location, or

(ii)  an alternative water supply is obtained that satisfies the requirement(s) for water for the purposes listed in this clause, or the purpose no longer exists, or

(iii)  the access licence which replaced the Water Act 1912 entitlement is surrendered or cancelled,

(c)  amend or remove Schedule 2 to this Plan, following an assessment which determines that the requirement for access to water in the Very Low Flow Class under this clause is no longer required generally or for specific access licences,

(d)  remove a Water Act 1912 entitlement from Schedule 2 that has been converted to a local water utility access licence,

(e)  add a local water utility access licence to Schedule 2, provided the Minister is satisfied that the water supply system used to take, store and deliver water has not undergone major augmentation since the commencement of this Plan,

(f)  remove a local water utility access licence or former Water Act 1912 entitlement from Schedule 2 if the Minister is satisfied that the water supply system used to take, store and deliver water has undergone major augmentation since the commencement of this Plan,

(g)  for the purposes of paragraphs (e) and (f), major augmentation includes anything which enhances or increases the local water utility’s capacity to take water to meet town water supply requirements as a result of demand for water exceeding the sustainable yield of the utility’s existing infrastructure, for example, a larger pump, a larger storage facility, a larger pipe, or a secondary or additional water source.

cl 93: Am 2013 (87), Sch 1 [108]–[111].

94 Amendments in relation to the mandatory conditions

Part 13 may be amended to do any of the following:

(a)  amend the rules in relation to record keeping including amendments in relation to requirements for Logbooks, or

(b)  amend clause 77 and 78 to specify different standards or requirements for decommissioning water supply works or construction requirements for water supply works.

cll 94: Ins 2013 (87), Sch 1 [112].

95 Other amendments to this Plan

This Plan may be amended to allow for the management of aquifer interference activities.

cll 95: Ins 2013 (87), Sch 1 [112].

sch 1: Am 2009 No 106, Sch 2.47 [7]; 2013 (87), Sch 1 [113]–[116]; 2016 (388), Sch 1 [77].

Dictionary

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

approved EP&A Act development means:

(a)  a project approved under Part 3A of the Environmental Planning and Assessment Act 1979 (whether before or after its repeal), or

(b)  State significant development authorised by a development consent under Part 4 of that Act, or

(c)  State significant infrastructure approved under Part 5.1 of that Act.

cease to take condition means any term or condition on a water supply work approval, an access licence or Water Act 1912 entitlement that prohibits the taking of water in a particular circumstance.

drawdown means a lowering of the level to which water will rise in cased bores.

Note—

Natural drawdown may occur due to seasonal climatic changes. Groundwater pumping may also result in seasonal and long-term drawdown.

flow gauging station is a device that is used to measure the height of a river or flow in a river.

groundwater is water that occurs beneath the ground surface in the saturated zone.

groundwater dependent ecosystems include ecosystems which have their species composition and natural ecological processes wholly or partially determined by groundwater.

high priority groundwater dependent ecosystems include groundwater dependent ecosystems which are considered high priority for protection or restoration.

in-river dam is a dam located in or on a river.

in-river dam pool means the area of water immediately upstream of an in-river dam where the river has pooled as a result of an in-river dam.

individual daily extraction limit (IDEL) is described in clause 62 of this Plan.

karst environment means an area of land, including subterranean land, that has developed in soluble rock through the processes of solution, abrasion or collapse, together with its associated bedrock, soil, water, gases and biodiversity.

Logbook in relation to an access licence or water supply works approval, means a written record, kept in hard copy or electronic form, which accurately records all information required to be kept in relation to the access licence or water supply work approval under the rules in this Plan.

management zone is an area within the surface water source in which daily extraction limits may be defined or where dealing restrictions are approved. Management zones may be designated where the surface water source to which the plan applies is divided into areas and total daily extraction limits are defined for each area. They may also be designated where local dealing restrictions are in place.

mangrove limit has the same meaning as defined in the ‘DIPNR Survey of tidal limits and mangrove limits in NSW estuaries 1996 to 2003’ (NSW Dept of Commerce, Manly Hydraulics Laboratory) 2005.

Minimum Construction Requirements for Water Bores in Australia means the document published by the National Uniform Drillers Licensing Committee entitled Minimum Construction Requirements for Water Bores in Australia, 2012, ISBN 978-0-646-56917-8, as amended or replaced from time to time.

monitoring bore refers to a bore constructed for the purpose of measuring water levels and/or taking samples for water quality analysis.

recharge is the addition of water, usually by infiltration, to an aquifer.

replacement bore, for the purposes of this Plan, refers to the replacement of an existing water supply work constructed or used to take water from the alluvial sediments in these water sources, where the share component for the access licence nominating the water supply work has not increased and is within the specifications of the water supply work approval, provided that:

(a)  the replacement water supply work is within 20 metres of the existing water supply work,

(b)  the water supply work approval does not compromise any other rules for granting water supply works being used to take water from alluvial sediments in these water sources,

(c)  the water supply work approval will be subject to the provisions relating to the amendment of an approval under section 107 of the Act.

runoff harvesting dam means a dam on a hillside or minor stream which collects and stores rainfall runoff. Minor streams are defined in the harvestable rights orders made under section 54 of the Act. For the purposes of this Plan, references to runoff harvesting dams as water supply works include any associated pumps or other works which take water from the dam. For the purpose of clarity, this definition includes dams that are also used to store water diverted into the dam from a river or other source of water.

slotted intervals mean that part of a water bore where slots in the casing occur which are designed to allow water to enter the bore.

stream order is defined by the Strahler stream ordering method.

Note—

The Strahler stream ordering methods is explained as follows:

•  Starting at the top of a catchment, any watercourse that has no other watercourses flowing into it is classed as a 1st order watercourse,

•  Where two 1st order watercourses join, the watercourse becomes a 2nd order watercourse,

•  If a 2nd order watercourse is joined by a 1st order watercourse - it remains a 2nd order watercourse,

•  When two or more 2nd order watercourses join they form a 3rd order watercourse, and

•  A 3rd order watercourse does not become a 4th order watercourse until it is joined by another 3rd order watercourse and so on.

Note—

The Strahler stream ordering method is described in the order made under section 5 of the Water Act 1912 published in the NSW Government Gazette No 37 on 24 March 2006 page 1500, or as may be amended or updated from time to time by further order.

supplementary study Development of Access Rules for the Lower Williams River is a requirement of Hunter Water Corporation’s current water licence. The study aims to determine appropriate entitlement and access rules to manage the taking of water from Seaham Weir Pool by Hunter Water Corporation. The outcomes of the study may be used to inform amendment of this Plan.

tidal limit has the same meaning as defined in the ‘DIPNR Survey of tidal limits and mangrove limits in NSW estuaries 1996 to 2003’ (NSW Dept of Commerce, Manly Hydraulics Laboratory) 2005.

tidal pool is defined, for the purposes of this Plan, as the area of water between the upper mangrove limit and the lower tidal limits.

Note—

Mangrove limit and tidal limit are defined in the ‘DIPNR Survey of tidal limits and mangrove limits in NSW estuaries 1996 to 2003’ (NSW Dept of Commerce, Manly Hydraulics Laboratory).

total daily extraction limit (TDEL) is described in clause 59 of this Plan.

visible flow is the continuous downstream movement of water that is perceptible to the eye.

Water Act 1912 entitlement has the same meaning as an entitlement in clause 2 of Schedule 10 to the Act.

water year means a year commencing 1 July.

Williams River Accreditation Scheme means the ‘Water Use Accreditation Scheme’ operated by the NSW Department of Primary Industries and assessed as adequate by the Department.

Schedule 2 Licences with access to very low flows

Schedule 2 currently lists Water Act 1912 licences from which access licences will be derived upon commencement of the Water Sharing Plan and access licences with access to very low flows.

VERY LOW FLOW LICENCES		SURFACE WATER
20SL007626	20SL029834	20SL046728	20SL060898
20SL012653	20SL030481	20SL046752	20SL060902
20SL013482	20SL033978	20SL047917	20SL060904
20SL014522	20SL034705	20SL047934	20SL060905
20SL014791	20SL035457	20SL047936	20SL060910
20SL015740	20SL037101	20SL047983	20SL060911
20SL016675	20SL037412	20SL048012	20SL060912
20SL018023	20SL037463	20SL048703	20SL060915
20SL019207	20SL037646	20SL048985	20SL060916
20SL019742	20SL037926	20SL048989	20SL060917
20SL019853	20SL037937	20SL050050	20SL060918
20SL020274	20SL038071	20SL050163	20SL060919
20SL021761	20SL040052	20SL050680	20SL060922
20SL022887	20SL040848	20SL051439	20SL060923
20SL022921	20SL042037	20SL060148	20SL060926
20SL023175	20SL044434	20SL060319	20SL060933
20SL024048	20SL044535	20SL060398	20SL060934
20SL024508	20SL044709	20SL060613	20SL060942
20SL024592	20SL045581	20SL060716	20SL060946
20SL028259	20SL045598	20SL060864	20SL060947
20SL028392	20SL045783	20SL060866	20SL060956
20SL029123	20SL046106	20SL060896	20SL060976
20SL029178	20SL046121	20SL060897	20SL060979
20SL061009	20SL061235	20SL061597
20SL061032	20SL061314	20SL061598
20SL061035	20SL061372	20SL061600
20SL061060	20SL061382	20SL061602
20SL061061	20SL061408	20SL061603
20SL061062	20SL061471	20SL061606
20SL061099	20SL061504	20SL061607
20SL061112	20SL061509	20SL061613
20SL061121	20SL061510	20SL061625
20SL061128	20SL061514	20SL061629
20SL061130	20SL061541	20SL061631
20SL061134	20SL061546	20SL051567
20SL061139	20SL061552	20SL051579
20SL061144	20SL061555	20SL061009
20SL061151	20SL061562	20SL061509
20SL061166	20SL061564	20SL061510
20SL061169	20SL061571
20SL061187	20SL061585
20SL061190	20SL061587
20SL061199	20SL061595
VERY LOW FLOW LICENCES		GROUNDWATER
20BL028602	20BL166109
20BL029479	20BL110726
20BL104899	20BL134037
20BL117731	20BL143716
20BL018604	20BL118250
20BL150468	20BL118252
20BL150465	20BL118251
20BL150467	20BL018388
20BL166462	20BL018983
	20BL106084
LOCAL WATER UTILITY LICENCES
Lower Goulburn	20SL060901	Hunter Alluvial	20BL130308
	20AL208486		20BL130310
			20BL130312
			20BL130313
			20BL130315
			20BL128781
			20BL128782
			20BL128783
			20BL128784
			20AL207908
			20AL207950
			20AL207982
			20AL208090
			20AL208146
Pages	20SL030939	Dart	20BL010028
			20BL010029
			20BL017121
			20BL018171
			20BL019420
			20BL122331
			20AL206911
Allyn	20SL028292	Newcastle	20AL209244
			20AL209252

sch 2: Subst 2013 (87), Sch 1 [117].

Appendix 2: Subst 2013 (87), Sch 1 [120]; 2016 (388), Sch 1 [80].

Schedule 3 Contamination sources in the Hunter Unregulated and Alluvial Water Sources

Contamination sources in these water sources include:

(a)  on site sewage disposal systems or septic tanks,

(b)  any sites where contamination has been assessed as presenting a significant risk of harm under Contaminated Land Management Act 1997,

(c)  any sites with an historical use listed in Table 1 of “Managing Land Contamination. Planning Guidelines. SEPP 55 – Remediation of Land”, and

(d)  any relevant sites listed in an agency database relating to contamination sources.

Appendix 3: Ins 2013 (87), Sch 1 [121]. Subst 2016 (388), Sch 1 [81].

Schedule 4 (Repealed)

sch 4: Rep 2016 (388), Sch 1 [78].

Appendix 1: Am 2013 (87), Sch 1 [118] [119]. Subst 2016 (388), Sch 1 [79].

Appendix 1 Overview of the Plan Map

Overview of the Plan Map (WSP003_Version 3) Water Sharing Plan for the Hunter Unregulated and Alluvial Water Sources 2009

Appendix 2 Inspection of the Plan Map for these water sources

Copies of the Plan Map for these water sources may be inspected at the following offices:

DPI Water
10 Valentine Ave
PARRAMATTA NSW 2150

DPI Water
Level 3, 26 Honeysuckle Drive
DANGAR NSW 2309

DPI Water
Unit 2A, Alliance St
EAST MAITLAND NSW 2320

Appendix 3 Office

Any notifications that may be required to be made to the Minister, as specified in this Plan can be addressed to the following office:

DPI Water
PO Box 2213
DANGAR NSW 2309