Part 1 Introduction
Notes—
1
In accordance with section 48 of the Water Management Act 2000, the Minister must take all reasonable steps to give effect to the provisions of this Plan when exercising functions under the Act.
2
In accordance with section 49 of the Water Management Act 2000, public authorities must also have regard to the provisions of this Plan to the extent they apply to the public authority.
cl 2: Am 2022 (872), Sch 1[2] [3].
3
The Minister may amend this Plan at any time under section 45 of the Water Management Act 2000, including if satisfied it is in the public interest to do so, or in such circumstances, in relation to such matters and to such extent as Part 12 provides.
cl 3: Am 2022 (872), Sch 1[4].
pt 1, notes: Subst 2022 (872), Sch 1[1].
1 Name of Plan
This Plan is the Water Sharing Plan for the New South Wales Murray and Lower Darling Regulated Rivers Water Sources 2016 (this Plan).
2 Nature and status of this Plan
(1) This Plan is made under section 50 of the Water Management Act 2000 (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, as well as other sections of the Act.Note—Where a provision of this Plan is made for the purposes of another section of the Act, the section is referred to in the notes to this Plan.
3 Commencement
This Plan commences on 1 July 2016.Notes—1In accordance with section 43 of the Act as it currently stands, this Plan will have effect for 10 years from 1 July 2016. The Minister may extend this Plan for a further period of 10 years after it is due to expire, in accordance with section 43A of the Act.2Under the Intergovernmental Agreement on Implementing Water Reform in the Murray-Darling Basin and the associated National Partnership Agreement, NSW has agreed to develop water resource plans for Murray-Darling Basin water resources consistent with the requirements of the Basin Plan. This Plan was amended in 2022, partly to meet NSW’s commitments under these agreements. Certain provisions of this Plan form part of the water resource plan for the New South Wales Murray and Lower Darling surface water resource plan area.3Basin Plan is defined in the Dictionary.
4 Application of Plan
(1) This Plan applies to the New South Wales Murray Regulated River Water Source (the Murray Water Source) and the Lower Darling Regulated River Water Source (the Lower Darling Water Source) within the Lower Murray-Darling Water Management Area (the water sources).Note—The Lower Murray-Darling Water Management Area was constituted by Ministerial order made under section 11 of the Act and published in the NSW Government Gazette No 180 of 23 November 2001 at page 9389.(2) The water in the Murray Water Source consists of the water between the banks of all rivers that have been declared by the Minister to be regulated rivers, from Hume Reservoir water storage, and from the Darling River at the north east corner of Lot 11 DP 756952, Parish of Merche, County of Wentworth, and from the Great Anabranch of the Darling River at Lot 12, DP 756168, downstream to the South Australian border.Note—The Regulated River Order for the NSW Murray Regulated Rivers 2012 was made by the Minister and published in the NSW Government Gazette No 19 of 15 February 2012 at page 417, and amended as set out in paragraph 28 of Schedule 12 of the Act.(3) The water in the Lower Darling Water Source consists of the water between the banks of all rivers that have been declared by the Minister to be regulated rivers, from Lake Wetherell water storage downstream to the north east corner of Lot 11 DP 756952, Parish of Merche, County of Wentworth.Notes—1The Murray Water Management Area Regulated River Order (Lower Darling) was made by the Minister and published in the NSW Government Gazette of 1 July 2004, and then amended as set out in paragraph 22 of Schedule 12 of the Act.2An overview map of the regulated rivers is at Appendix 1.(4) (Repealed)Notes—1A regulated river is a river that has been declared by the Minister, by order published in the New South Wales Government Gazette, to be a regulated river.2Rivers declared to be regulated rivers by the regulated river order as at the commencement of this Plan are listed in Appendix 1.3An overview map of these water sources is shown in Appendix 2.4The NSW share of the waters of the Murray Water Source is subject to the water accounting and other arrangements that arise from the Murray-Darling Basin Agreement in Schedule 1 of the Water Act 2007 of the Commonwealth.5Floodplain harvesting is defined in the Dictionary.cl 4: Am 2000 No 92, Sch 12, Part 5 (ins 2018 No 31, Sch 1 [89]); 2022 (872), Sch 1[5]–[7].
5 Interpretation
(1) Unless otherwise defined in this Plan, words and expressions that are defined in the Act or in the regulations made under the Act have the same meaning in this Plan.(2) Words and expressions that are defined in the Dictionary at the end of this Plan have the meaning set out in the Dictionary.(3) Unless otherwise specified, a clause that applies to a category of access licence also applies to any subcategories of that category of access licence.(4) The Dictionary and Schedules to this Plan form part of this Plan.(5) A number in brackets following the name of a gauge is the gauge number.(6) Notes in the text of this Plan do not form part of this Plan.(7) Appendices to this Plan do not form part of this Plan.(8) A reference in this Plan to the calculation of values which do not have the same unit is a reference to the calculation of values in ML, ML/year or unit shares (as the case requires), without regard to the unit.Note—For example, the sum of 40 unit shares plus 40 ML per year is taken to be 80.cl 5: Subst 2022 (872), Sch 1[8].
Part 2 Vision, objectives, strategies and performance indicators
Notes—
1
This Part is made in accordance with section 35 (1) of the Act.
2
This Part describes broad objectives, which are the long-term outcomes sought by this Plan and are not directly measured but evaluated by considering the cumulative achievement of the associated targeted objectives. Targeted objectives described in this Part are specific outcomes that can be achieved by the strategies in this Plan and can be directly measured so that success or failure to achieve the objective can be quantified.
pt 2: Subst 2022 (872), Sch 1[10].
pt 2, notes: Subst 2022 (872), Sch 1[10].
6 Acknowledgement
Respect is paid to the traditional owners of this country, who are acknowledged as the first natural resource managers within the Lower Murray-Darling Water Management Area.cl 6: Rep 2022 (872), Sch 1[9]. Ins 2022 (872), Sch 1[10].
7 Vision statement
The vision for this Plan is to provide for the following—(a) the health and enhancement of the water sources and their water-dependent ecosystems,(b) the continuing productive extraction of surface water for economic benefit,(c) the spiritual, social, customary and economic benefits of surface water to Aboriginal communities,(d) social and cultural benefits to urban and rural communities that depend on surface water.cl 7: Subst 2022 (872), Sch 1[10].
8 Environmental objectives
(1) The broad environmental objective of this Plan is to protect, and contribute to the enhancement of, the ecological condition of the water sources and their water-dependent ecosystems over the term of this Plan.(2) The targeted environmental objectives of this Plan are as follows—(a) to protect, and contribute to the enhancement of, the following over the term of this Plan—(i) the recorded distribution or extent, and the population structure, of target ecological populations,Notes—1Target ecological populations is defined in the Dictionary.2Target ecological populations in the water sources that may be managed by this Plan include known or predicted populations of the following—(a) native fish including Murray cod, flat headed galaxias, southern pygmy perch, trout cod, golden perch and silver perch,(b) native vegetation including river red gum and black box,(c) high diversity hotspots and significant habitat for native fish, frogs, waterbirds and native vegetation.(ii) the longitudinal and lateral connectivity within and between water sources to support target ecological processes,Notes—1Longitudinal connectivity means flows along the length of the river and between hydrologically connected rivers. Lateral connectivity means flows between the river and its anabranches, riparian zones, wetlands and floodplains.2Target ecological processes in the water sources include the following—(a) carbon and nutrient transport pathways, which are the connected networks of streams, riparian zones, floodplains and wetlands that transport dissolved and suspended organic material and nutrients throughout the water sources,(b) fish movement across significant barriers, as identified by NSW Department of Primary Industries Fisheries.(c) Connectivity may be within the water sources or between the water sources and other water sources.(iii) water quality within target ranges for the water sources to support water dependent ecosystems and ecosystem functions,Note—Water quality targets for the water sources are defined in the Water Quality Management Plan for the Murray and Lower Darling Water Resource Plan Area (SW8).(b) to support environmental watering in the water sources to contribute to maintaining or enhancing ecological condition in streams, riparian zones, dependent wetlands and floodplains.Notes—1Division 1 and Division 2 of Part 10 outline the provisions for the environmental water allowances (EWAs) in the Murray Water Source and Lower Darling Water Source. These EWAs are managed by the NSW Environmental Water Manager.2EWA is defined in the Dictionary.(3) The strategies for achieving the targeted environmental objectives of this Plan are as follows—(a) maintain compliance with the long-term average annual extraction limits and long-term average sustainable diversion limits,Note—Part 6 of this Plan sets out the provisions for maintaining compliance with the long-term average annual extraction limits and long-term average sustainable diversion limits.(b) reserve a share of water to partially mitigate alterations to natural flow regimes in the water sources, andNotes—1Flow regimes and natural flow are defined in the Dictionary.2The provisions in Division 2 of Part 8 partially mitigate alterations to natural flow regimes in the water sources.(c) reserve a share of water to maintain hydrological connectivity between the water sources and riparian zones, wetlands and floodplains connected to the water sources,Note—The provisions in Division 2 of Part 8 contribute to maintaining the hydrological connectivity between the water sources and connected wetlands.(d) reserve a share of water to support environmental watering events in streams, riparian zones, floodplains and wetlands connected to the water sources,Note—The provisions in Division 1 and 2 of Part 10 of this Plan ensure that environmental water allowances are maintained.(e) contribute to the management of critical environmental and water quality events in downstream water sources.Notes—1The provisions in Division 2 of Part 8 contribute to maintaining the hydrological connectivity between the water sources and downstream water sources.2The EWA in Division 2 of Part 10 is to be used to mitigate water quality events in the Lower Darling Water Source.3The EWAs in Division 1 of Part 10 may be used in the Murray Water Source to provide connectivity between the water sources and downstream connected water sources.(4) The performance indicators used to measure the success of the strategies for achieving the broad environmental objective in subclause (1) is an evaluation of the extent to which the combined outcomes of the targeted objectives in subclause (2) have contributed to achieving the broad objective.(5) The performance indicators used to measure the success of the strategies for achieving the targeted environmental objectives in subclause (2) are the changes or trends in ecological condition during the term of this Plan as assessed using one or more of the following—(a) the recorded range, extent or condition of target ecological populations,(b) measurements of carbon and nutrient transport pathways and fish movements through priority fish passage areas,(c) the recorded values of water quality measurements including salinity, turbidity, total nitrogen, total phosphorous, pH, water temperature and dissolved oxygen,(d) the magnitude, frequency, timing and water quality of environmental water events.(6) In evaluating the effectiveness of the strategies in meeting the objectives in this clause, the following will be relevant—(a) the extent to which the strategies in subclause (3) and provisions in this Plan have been implemented and complied with,(b) the extent to which changes in the performance indicators can be attributed to the strategies and provisions in this Plan,(c) the extent to which the strategies in subclause (3) support achievement of the environmental objectives,(d) the extent to which external influences on the water sources during the term of this Plan have affected progress towards achieving the environmental objectives.cl 8: Subst 2022 (872), Sch 1[10].
9 Economic objectives
(1) The broad economic objective of this Plan is to maintain, and where possible improve, access to water to optimise economic benefits for agriculture, surface water-dependent industries and local economies.(2) The targeted economic objectives of this Plan are as follows—(a) to provide water trading opportunities for water-dependent businesses,Note—Trading is a generic term referring to dealings under Division 4 of Part 2 Chapter 3 of the Act.(b) to maintain, and where possible improve, access to water for agriculture, surface water-dependent businesses and landholders, up to the long-term average annual extraction limits and the sustainable diversion limits,(c) to contribute to maintaining water quality within target ranges for agriculture, surface water-dependent businesses and landholders.(3) The strategies for achieving the targeted economic objectives of this Plan are as follows—(a) provide for trade of water allocations and access licence share components subject to environmental and system constraints,Note—The provisions in Part 9 permit a variety of dealings within environmental and system constraints, including assignment of rights under access licences and assignment of water allocations between access licences.(b) to provide a stable and predictable framework for sharing water among water users,Note—The available water determination provisions in Part 6 and priority of delivery rules in clause 68 provide certainty in how water will be shared been different categories of access licences.(c) provide for flexibility of access to water,Note—The water allocation account management rules in Part 8 provide flexibility that reflects the characteristics of the licence category.(d) manage extractions to the long-term average annual extraction limits and the long-term average sustainable diversion limits, while recognising variability in climatic conditions in different years, including during drought,Note—The application of the long-term average annual extraction limits and the long-term average sustainable diversion limits and the assessment and compliance provisions in Part 6 of this Plan manage extractions to different climatic conditions in different years.(e) provide access for supplementary water access licences to a portion of uncontrolled flows, subject to announcements,Note—Uncontrolled flows is defined in the Dictionary.(f) reserve a share of water to partially mitigate deterioration in water quality due to alterations to natural flow regimes.(4) The performance indicator used to measure the success of the strategies for achieving the broad economic objective in subclause (1) is an evaluation of the extent to which the combined outcomes of the targeted economic objectives in subclause (2) have contributed to achieving the broad objective.(5) The performance indicators used to measure the success of the strategies for the targeted economic objectives in subclause (2) are the changes or trends in economic benefits during the term of this Plan as assessed using one or more of the following—(a) the economic benefits of water extraction and use, including the movement of water to higher value uses,(b) the economic benefits of water trading as demonstrated by the following—(i) the annual number or volume of share components of access licences transferred or assigned,(ii) the weighted average unit price of share components of access licences transferred or assigned,Note—Weighted average unit price is defined in the Dictionary.(iii) the annual volume of water allocations assigned,(iv) the weighted average unit price of water allocations assigned,(c) the recorded values of water quality measurements including salinity, sodium adsorption ratio, harmful algal blooms, total nitrogen, total phosphorus, pH, and dissolved oxygen.(6) In evaluating the effectiveness of the strategies in meeting the objectives of this clause, the following will be relevant—(a) the extent to which the strategies in subclause (3) and provisions in this Plan have been implemented and complied with,(b) the extent to which the changes in the economic benefits of water extraction and use can be attributed to the strategies in subclause (3) and provisions in this Plan,(c) the water made available during the term of this Plan through available water determinations and the granting of new licences,(d) the extent to which external influences on surface water-dependent businesses during the term of this Plan have affected progress towards achieving the economic objectives.cl 9: Subst 2022 (872), Sch 1[10].
10 Aboriginal cultural objectives
(1) The broad Aboriginal cultural objective of this Plan is to maintain, and where possible improve, the spiritual, social, customary and economic values and uses of water by Aboriginal people.(2) The targeted Aboriginal cultural objectives of this Plan are as follows—(a) to provide access to water in the exercise of native title rights,(b) to provide access to water for Aboriginal cultural use,(c) to protect and, where possible enhance, identified water-dependent culturally significant areas, including important riparian vegetation communities,(d) to maintain water quality within target ranges to ensure suitability of water for Aboriginal cultural use.(3) The strategies for achieving the Aboriginal cultural objectives of this Plan are as follows—(a) manage access to water consistent with the exercise of native title rights,(b) provide for water associated with Aboriginal cultural values and uses,Note—The provisions in Part 7 provide opportunities for Aboriginal people to access water by allowing for the granting of an access licence of the subcategory “Aboriginal cultural”.(c) reserve a share of water to partially mitigate alterations to natural flow regimes in the water sources,Note—The provisions in Division 1 and 2 of Part 10 partially mitigate alterations to natural flow regimes.(d) reserve a share of water to maintain longitudinal and lateral connectivity within and between water sources.(4) The performance indicator used to measure the success of the strategies for achieving the broad Aboriginal cultural objective in subclause (1) is an evaluation of the extent to which the combined outcomes of the targeted Aboriginal cultural objectives in subclause (2) have contributed to achieving the broad objective.(5) The performance indicators used to measure the success of the strategies for achieving the targeted Aboriginal cultural objectives in subclause (2) are the changes or trends in Aboriginal cultural benefits during the term of this Plan as assessed using one or more of the following—(a) the use of water by Aboriginal people by measuring factors including—(i) the extent to which native title rights are able to be exercised, consistently with any determination of native title or indigenous land use agreement, and(ii) the extent to which access to water has contributed to achieving Aboriginal cultural outcomes,(b) the recorded range or extent of target populations of native fish,(c) the recorded range or condition of target populations of riparian vegetation,(d) the recorded values of water quality measurements including salinity, harmful algal blooms, total nitrogen, total phosphorus, pH, water temperature and dissolved oxygen.(6) In evaluating the effectiveness of the strategies in meeting the objectives of this clause, the following will be relevant—(a) the extent to which the strategies in subclause (3) and provisions in this Plan have been implemented and complied with,(b) the extent to which changes in the performance indicators can be attributed to the strategies in subclause (3) and provisions in this Plan,(c) the extent to which the strategies in subclause (3) support achievement of the Aboriginal cultural objectives,(d) the water made available for Aboriginal cultural values and uses during the term of this Plan through available water determinations and the granting of new access licences,(e) the extent to which external influences on surface water-dependent Aboriginal cultural activities during the term of this Plan have affected progress towards achieving the Aboriginal cultural objectives.cl 10: Subst 2022 (872), Sch 1[10].
11 Social and cultural objectives
(1) The broad social and cultural objectives of this Plan are to provide access to surface water to support surface water-dependent social and cultural values.(2) The targeted social and cultural objectives of this Plan are to maintain, and where possible improve, the following—(a) access to water for basic landholder rights, town water supply and licensed domestic and stock purposes,(b) access to water for surface water-dependent cultural, heritage and recreational uses, including recreational fishing,(c) water quality within target ranges for basic landholder rights, town water supply, licensed domestic and stock purposes and surface water-dependent cultural, heritage and recreational uses, including recreational fishing.(3) The strategies for achieving the social and cultural objectives of this Plan are as follows—(a) provide water access for basic landholder rights, town water supply and for licensed domestic and stock purposes,Note—The provisions for the maintenance of water supply in Division 4 of Part 10 ensure that water is available for basic landholder rights, town water supply and licensed domestic and stock purposes.(b) reserve a share of water to partially mitigate alterations to natural flow regimes in the water sources,(c) reserve a share of water to maintain longitudinal and lateral connectivity within and between water sources.Note—The provisions in Division 2 of Part 8 and Divisions 1 and 2 of Part 10 contribute to maintaining the hydrological connectivity between the water sources and with downstream water sources.(4) The performance indicator used to measure the success of the strategies for achieving the broad social and cultural objective in subclause (1) is an evaluation of the extent to which the combined outcomes of the targeted social and cultural objectives in subclause (2) have contributed to achieving the broad objective.(5) The performance indicators used to measure the success of the strategies for achieving the targeted social and cultural objectives in subclause (2) are the changes or trends in social and cultural benefits during the term of this Plan as assessed using one or more of the following—(a) the social and cultural uses of water during the term of this Plan by measuring factors including—(i) the extent to which basic landholder rights and licensed domestic and stock requirements have been met, and(ii) the extent to which major utility and local utility access licence requirements have been met,(b) the recorded range or extent of target populations of native fish that are important for recreational fishing,(c) the recorded takes of native fish that are important for recreational fishing within legal age and size classes,(d) (d) the recorded values of water quality measurements including salinity, harmful algal blooms, total nitrogen, total phosphorus, pH, water temperature and dissolved oxygen.(6) In evaluating the effectiveness of the strategies in meeting the objectives of this clause, the following will be relevant—(a) the extent to which the strategies in subclause (3) and provisions in this Plan have been implemented and complied with,(b) the extent to which the changes in the performance indicators can be attributed to the strategies in subclause (3) and provisions in this Plan,(c) the extent to which the strategies in subclause (3) support achievement of the social and cultural objectives,(d) the water made available during the term of this Plan through available water determinations and the granting of new licences,(e) the extent to which external influences on surface water-dependent social and cultural activities during the term of this Plan have affected progress towards achieving the social and cultural objectives.cl 11: Subst 2022 (872), Sch 1[10].
Part 3 Bulk access regime
12 Bulk access regime
(1) This Plan establishes a bulk access regime for the extraction of water under access licences, having regard to the following—(a) the planned environmental water provisions established under Part 4,(b) the requirements to satisfy water for basic landholder rights identified under Part 5,(c) the requirements for water for extraction under access licences identified under Part 5,(d) the access licence dealing rules established under Part 9.(2) The bulk access regime—(a) establishes rules according to which—(i) access licences are granted as provided for in Part 7,(ii) available water determinations are to be made as provided for in Part 6,(iii) access licences are managed as provided for in Part 8,(b) establishes rules provisions with respect to the priorities according to which water allocations are to be adjusted as a consequence of any reduction in the availability of water due to an increase in long-term average annual extraction above the long-term average annual extraction limits or the long-term average sustainable diversion limits contained in Part 6, and(c) recognises and is consistent with the following—(i) the limits to the availability of water as provided for in Part 6,(ii) the water management principles set out in section 5 of the Act,(iii) the effect of climatic variability on the availability of water as described in clause 13, and(d) contains provisions with respect to the mandatory conditions imposed on access licences in Part 11.cl 12: Am 2022 (872), Sch 1[11]–[16].
13 Climatic variability
This Plan recognises the effects of climatic variability on river flow in the water sources through provisions contained in Part 6 that—(a) manage the sharing of water within the limits of water availability on a long-term basis, and(b) establish priorities according to which water allocations are to be adjusted as a consequence of any reduction in the availability of water due to an increase in extraction against the long-term average annual extraction limits or the long-term average sustainable diversion limits, and(c) manage the sharing of water between categories of access licences on an annual basis through available water determinations.Note—Other statutory tools are available to manage for climatic variability within a water source, for example, temporary water restrictions under section 324 of the Act.cl 13: Subst 2022 (872), Sch 1[17].
Part 4 Environmental water provisions
Note—
This Part is made in accordance with section 8 of the Act.
pt 4: Subst 2022 (872), Sch 1[18].
pt 4, note: Subst 2022 (872), Sch 1[18].
14 General
This Part contains environmental water provisions that commit, identify, establish and maintain planned environmental water.Note—In accordance with the Act, planned environmental water is water that is committed by management plans for fundamental ecosystem health or other specified environmental purposes, either generally or at specified times or in specified circumstances and that cannot, to the extent committed, be taken or used for any other purpose.cl 14: Subst 2022 (872), Sch 1[18].
15 Commitment and identification of planned environmental water
Water is committed and identified as planned environmental water by reference to the following—(a) the physical presence of water in the water sources,(b) the long-term average annual commitment of water as planned environmental water,(c) the water that is not committed after the commitments to basic landholder rights and for sharing and extraction under any other rights have been met.cl 15: Subst 2022 (872), Sch 1[18].
16 Establishment and maintenance of planned environmental water
(1) Planned environmental water is established in the water sources as follows—(a) the physical presence of water resulting from the following—(i) the environmental water rules in the Murray Water Source specified in Division 1 of Part 10,Note—The provisions in Division 1 of Part 10 establish environmental water allowances which can be used to make releases for environmental purposes in the Murray Water Source.(ii) the environmental water rules in the Lower Darling Water Source specified in Division 2 of Part 10,Note—The provisions in Division 2 of Part 10 establish an environmental water allowance which can be used to make releases for water quality purposes in the Lower Darling Water Source.(b) the long-term average annual commitment of water as planned environmental water, resulting from compliance with the long-term average annual extraction limits and the long-term average sustainable diversion limits in Divisions 1 to 4 of Part 6,(c) the water remaining in this water source after water has been taken pursuant to basic landholder rights and access licences, in accordance with the rules specified in Parts 6 and 8 of this Plan.(2) The planned environmental water established under subclause (1) (a) is maintained by the environmental water rules specified in Division 1 and 2 of Part 10.(3) The planned environmental water established under subclause (1) (b) is maintained by the rules specified in Divisions 1 to 4 of Part 6.Note—The provisions in Divisions 1 to 4 of Part 6 of this Plan ensure that there will be water remaining in the water sources over the long term by maintaining compliance with the long-term average annual extraction limit and the long-term average sustainable diversion limit. These provisions also provide for reduced available water determinations when either of the limits has been assessed to have been exceeded.(4) The planned environmental water established under subclause (1) (c) is maintained in this water source by the rules specified in Parts 6 and 8 of this Plan.cl 16: Subst 2022 (872), Sch 1[18].
Part 5 Requirements for water
pt 5: Subst 2022 (872), Sch 1[19].
Division 1 General
pt 5, div 1: Subst 2022 (872), Sch 1[19].
17 Application
(1) This Part identifies the requirements for water for basic landholder rights and for extraction under access licences in the water sources.(2) The volumes of water specified in this Part represent the estimated requirements for water to satisfy basic landholder rights and the total volumes or unit shares specified in the share components of all access licences on the commencement of this Plan.(3) This Plan recognises that requirements for water for basic landholder rights and the total share components of all access licences may change during the term of this Plan.Notes—1The total share components of access licences in the water sources may change during the term of this Plan as a result of—(a) the grant, surrender or cancellation of access licences in the water sources, or(b) the variation of local water utility access licences under section 66 of the Act.2Basic landholder rights requirements may increase as provided for under the Act. This Plan manages changes in basic landholder rights and total share components of all access licences through provisions in Part 6 which manage the sharing of water within the limits of water availability.3Inherent water quality and land use activities may make the water in some areas unsuitable for human consumption. Water should not be consumed, or otherwise used, without first being tested and, if necessary, appropriately treated to ensure it is fit for purpose. Testing and treatment is the responsibility of the water user.cl 17: Subst 2022 (872), Sch 1[19].
Division 2 Requirements for water for basic landholder rights
Note—
Under the Act, basic landholder rights are defined as domestic and stock rights, native title rights and harvestable rights. There are no harvestable rights in the water sources.
pt 5, div 2: Subst 2022 (872), Sch 1[19].
18 Domestic and stock rights
On the commencement of this Plan, the water requirements of persons entitled to domestic and stock rights are estimated to total—(a) 1,936 megalitres per year (ML/year) in the Murray Water Source,(b) 445 ML/year in the Lower Darling Water Source.Notes—1Domestic and stock rights are set out in section 52 of the Act and must be exercised in accordance with any mandatory guidelines established under the Act for the taking and use of water for domestic consumption or stock watering.2Under section 331 of the Act, the Minister may direct the holder of a domestic and stock right to take specified measures to protect the environment, to preserve basic landholder rights or to overcome a threat to public health.3The volumes set out in this clause are separate from any volumes of water that may be taken under an access licence for domestic and stock purposes.cl 18: Subst 2022 (872), Sch 1[19].
19 Native title rights
The requirement for water to satisfy native title rights is the water that may be taken in the exercise of native title rights in accordance with the Native Title Act 1993 of the Commonwealth, including—(a) the native title determination for the Barkandji Traditional Owners #8 (Parts A and B, National Native Title Tribunal references NCD2015/001 and NCD2017/001),(b) any other determination of native title,(c) any relevant indigenous land use agreement.Notes—1A map of the native title determination area can be viewed by searching the National Native Title Tribunal website at www.nntt.gov.au.2This Plan may be amended if there is a native title determination in accordance with the Native Title Act 1993 of the Commonwealth by which water is required.3This Plan may be amended if consultation with native title holders identifies more specific requirements for water to satisfy native title rights.4Native title rights may be exercised in accordance with the Native Title Act 1993 of the Commonwealth, including section 211 of that Act.cl 19: Subst 2022 (872), Sch 1[19].
Division 3 Requirements for water under access licences
Notes—
1
The share components in this Division include access licences with adaptive environmental water conditions and other access licences intended to be used for environmental purposes. The Environmental Water Register maintained by the Department provides a record of these licences.
2
On the commencement of this Plan, the licences with adaptive environmental water conditions are—
(a) two access licences totalling 32,027 unit shares in the Murray Water Source, and
(b) no access licences in the Lower Darling Water Source.
3
On the commencement of this Plan, there are—that are not identified as licensed environmental water under section 8 of the Act, but are intended to be used for environmental purposes. Some of these are held by the Commonwealth Government and others by the NSW Government. These access licences are regulated river (general security) access licences, regulated river (high security) access licences and supplementary water access licences.
(a) 36 other access licences with share components totalling 626,317.53 unit shares in the Murray Water Source, and
(b) 8 other access licences with share components totalling 301,038 unit shares in the Lower Darling Water Source,
4
This Division sets out the total volumes or unit shares in the share components of access licences in the water sources on the commencement of this Plan. The actual volume of water available at any time will depend on climate, access licence priority and the provisions in this Plan.
pt 5, div 3: Subst 2022 (872), Sch 1[19].
20 Share components of domestic and stock access licences
It is estimated that at the time of commencement of this Plan the share components of domestic and stock access licences total—(a) 17,060 ML/year in the Murray Water Source, and(b) 1,341 ML/year in the Lower Darling Water Source.cl 20: Subst 2022 (872), Sch 1[19].
21 Share components of local water utility access licences
It is estimated that at the time of commencement of this Plan the share components of local water utility access licences total—(a) 42,191 ML/year in the Murray Water Source, and(b) 422 ML/year in the Lower Darling Water Source.cl 21: Subst 2022 (872), Sch 1[19].
22 Share components of regulated river (high security) access licences
(1) It is estimated that at the time of commencement of this Plan the share components of regulated river (high security) access licences other than those specified in subclause (2) total—(a) 189,704 unit shares in the Murray Water Source, and(b) 7,771 unit shares in the Lower Darling Water Source.(2) On the commencement of this Plan, it is estimated that the total share components of access licences that are a subcategory of regulated river (high security) access licence in the Murray Water Source are as follows—(a) 0 ML/year for subcategory Aboriginal cultural,(b) 47 ML/year for subcategory Community and education,(c) 0 ML /year for subcategory Environmental,(d) 1 ML /year for subcategory Research,(e) 3,195 ML /year for subcategory Town water supply.cl 22: Subst 2022 (872), Sch 1[19].
23 Share components of regulated river (conveyance) access licences
It is estimated that at the time of commencement of this Plan the share components of regulated river (conveyance) access licences total—(a) 330,000 unit shares in the Murray Water Source, and(b) 0 unit shares in the Lower Darling Water Source.Note—These access licences and the associated available water determinations in clause 38 provide for conveyance losses experienced as regulated river (general security) access licence allocations increase.cl 23: Subst 2022 (872), Sch 1[19].
24 Share components of regulated river (general security) access licences
It is estimated that at the time of commencement of this Plan the share components of regulated river (general security) access licences total—(a) 1,674,096 unit shares in the Murray Water Source, and(b) 79,507 unit shares in the Lower Darling Water Source.cl 24: Subst 2022 (872), Sch 1[19].
25 Share components of supplementary water access licences
It is estimated that at the time of commencement of this Plan the share components of supplementary water access licences total—(a) 252,579 unit shares in the Murray Water Source, and(b) 250,000 unit shares in the Lower Darling Water Source.cl 25: Subst 2022 (872), Sch 1[19].
Part 6 Limits to the availability of water
Note—
This Part sets out the rules for managing the availability of water for extraction in accordance with the following extraction limits—
(a) a long-term average annual extraction limit, and
(b) a long-term average sustainable diversion limit.
pt 6: Subst 2022 (872), Sch 1[20].
pt 6, notes: Subst 2022 (872), Sch 1[20].
Division 1 Calculations under this Part
pt 6, div 1: Subst 2022 (872), Sch 1[20].
26 Exclusions, inclusions and variations in calculations
(1) This clause applies to the calculation of the following—(a) the long-term average annual extraction limits under clause 27,(b) the long-term average annual extraction under clause 28.(2) Any calculation to which this clause applies must include allocations assigned from an access licence in the relevant water source to an access licence in another water source under section 71T or 71V of the Act.(3) The calculation of the long-term average annual extraction limit under clause 27 must be adjusted by a volume that appropriately reflects the share components of water access licences in the relevant water source that are subject to a dealing under section 71U of the Act.(4) For the avoidance of doubt, the following are not extractions for the purposes of calculations to which this clause applies—(a) allocations assigned to an access licence in the relevant water source from an access licence in another water source under section 71T or 71V of the Act,(b) environmental water delivered under Divisions 1 and 2 of Part 10.cl 26: Subst 2022 (872), Sch 1[20].
Division 2 Long-term average annual extraction limit
pt 6, div 2: Subst 2022 (872), Sch 1[20].
27 Calculation of the long-term average annual extraction limits
(1) Following the end of each water year, the Minister must calculate the long-term average annual extraction limits for the water sources in accordance with this clause and clause 26.(2) The long-term average annual extraction limit for the Murray Water Source is the lesser of the following, minus 17,800 ML/year—(a) long-term average annual extraction from the Murray Water Source calculated based on the following—(i) the water storages and water use development that existed in the 2000/2001 water year,(ii) the basic landholder rights and access licence share components that existed on 1 July 2004,(iii) the level of development for plantation forestry that existed on 1 July 2009,(iv) the rules in the Water Sharing Plan for the New South Wales Murray and Lower Darling Regulated Rivers Water Sources 2003 as at 1 July 2004,(b) long-term average annual extraction from the Murray Water Source calculated under Cap baseline conditions as agreed under the Murray-Darling Basin Agreement that was in place at the commencement of the Water Sharing Plan for the New South Wales Murray and Lower Darling Regulated Rivers Water Sources 2003.Note—The 17,800 ML/year subtracted under subclause (2) is the estimated long-term extraction associated with the 100,000 unit shares of supplementary water access licence purchased under the Living Murray Program. The taking of water under this licence will not be accounted for against the long-term average annual extraction limit.(3) The long-term average annual extraction limit for the Lower Darling Water Source is the lesser of the following, minus 35,500 ML/year—(a) long-term average annual extraction from the Lower Darling Water Source calculated based on the following—(i) the water storages and water use development that existed in the 2000/2001 water year,(ii) the basic landholder rights and access licence share components that existed on 1 July 2004 plus 47,800 unit shares,(iii) the level of development for plantation forestry that existed on 1 July 2009,(iv) the rules in the Water Sharing Plan for the New South Wales Murray and Lower Darling Regulated Rivers Water Sources 2003 as at 1 July 2004,(b) long-term average annual extraction calculated under Cap baseline conditions as agreed under the Murray-Darling Basin Agreement that was in place at the commencement of the Water Sharing Plan for the New South Wales Murray and Lower Darling Regulated Rivers Water Sources 2003.(4) For the purposes of subclause (2) and (3) the long-term average annual extraction limit for each water source is to be calculated over the duration of available climate records using the hydrological computer model approved by the Minister.Notes—1The 47,800 unit shares specified in subclause (3) (a) were issued after July 2004 as part of the arrangements that replaced the replenishment flow provisions for the Great Darling Anabranch.2The 35,500 ML/year subtracted under subclause (3) is the estimated long-term extraction associated with the 250,000 unit shares of supplementary water access licence purchased under the Living Murray Program. The taking of water under this licence will not be accounted for against the long-term average annual extraction limit.3Under section 8F of the Act the long-term average annual extraction limit is taken to be varied by any change to the amount of water committed as licensed environmental water, excluding water committed under section 8C of the Act.4The long-term average annual extraction limit recognises the effect of climatic variability on the availability of water in accordance with section 20 (2) (c) of the Act as historic climate and river flow information is used in its determination.5Murray-Darling Basin Agreement, plantation forestry, water storage and water use development are defined in the Dictionary.cl 27: Am 2016 No 55, Sch 3.51 [1]. Subst 2022 (872), Sch 1[20].
28 Calculation of long-term average annual extraction
(1) The Minister, using a current conditions hydrological computer model approved by the Minister, is to calculate the long-term average annual extraction for each water source following the end of each water year, calculated over the duration of available climate records and based on the following—(a) the water storages and water use development that existed in that water year,(b) the basic landholder rights and access licence share components that existed in that water year,(c) the rules in this Plan or in the water sharing plan that this Plan replaces, that applied in that water year,(d) the level of development for plantation forestry in that water year.Note—It is intended that the Department’s current conditions hydrological computer model will be extended each water year and used to calculate long-term average annual extraction under this clause.(2) The calculations made under subclause (1) must not include long-term average annual extractions under—(a) the 100,000 unit shares of supplementary water access licence purchased under the Living Murray Program in the Murray Water Source,(b) the 250,000 unit shares of supplementary water access licence purchased under the Living Murray Program in the Lower Darling Water Source.cl 28: Subst 2022 (872), Sch 1[20].
29 Assessment of compliance with the long-term average annual extraction limits
(1) Following the calculations under clauses 27 and 28, the Minister is to compare the long-term average annual extraction against the long-term average annual extraction limit for each water source.(2) There is non-compliance with the long-term average annual extraction limit for the Murray Water Source if the long-term average annual extraction from the water source exceeds the long-term average annual extraction limit by any of the following—(a) 3% or more,(b) more than half the difference between the long-term average annual extraction calculated under clause 27 (2) (a) and (b),(c) the long-term average annual extraction calculated under clause 27 (2) (b).(3) There is non-compliance with the long-term average annual extraction limit for the Lower Darling Water Source if the long-term average annual extraction from the water source exceeds the long-term average annual extraction limit by any of the following—(a) 3% or more,(b) more than half the difference between the long-term average annual extraction calculated under clause 27 (3) (a) and (b),(c) the long-term average annual extraction calculated under clause 27 (3) (b).cl 29: Subst 2022 (872), Sch 1[20].
Division 3 Long-term average sustainable diversion limit
pt 6, div 3: Subst 2022 (872), Sch 1[20].
30 Calculation of the long-term average sustainable diversion limits
(1) Subject to any variation in accordance with subclause (3), the long-term average sustainable diversion limit for the Murray Water Source is—(a) the component of the baseline diversion limit for the New South Wales Murray surface water SDL resource unit as determined under Schedule 3 of the Basin Plan that, in the Minister’s opinion, is attributable to the Murray Water Source, minus(b) 262,000 ML/year, minus(c) the New South Wales Murray surface water SDL resource unit shared reduction amount as determined under section 6.05 of the Basin Plan, plus(d) the SDL adjustment amount as determined under section 6.05A of the Basin Plan.(2) Subject to any variation in accordance with subclause (3), the long-term average sustainable diversion limit for the Lower Darling Water Source is—(a) the component of the baseline diversion limit for the Lower Darling surface water SDL resource unit as determined under Schedule 3 of the Basin Plan that, in the Minister’s opinion, is attributable to the Lower Darling Water Source, minus(b) 8,000 ML/year, minus(c) the Lower Darling surface water SDL resource unit shared reduction amount as determined under section 6.05 of the Basin Plan, plus(d) the SDL adjustment amount as determined under section 6.05A of the Basin Plan.(3) The long-term average sustainable diversion limits are to be varied as determined under Chapter 7 of the Basin Plan.Notes—1Baseline diversion limit, Lower Darling surface water SDL resource unit, New South Wales Murray surface water SDL resource unit, and SDL adjustment amount are defined in the Dictionary.2The long-term average sustainable diversion limit for the New South Wales Murray surface water SDL resource unit specified in Schedule 2 of the Basin Plan covers extractions from both the New South Wales Murray Regulated River Water Source and the Murray Unregulated River Water Sources.3The long-term average sustainable diversion limit for the Lower Darling surface water SDL resource unit specified in Schedule 2 of the Basin Plan applies to extractions from both the New South Wales Lower Darling Regulated River Water Source and the Lower Murray-Darling Unregulated Water Source.4The subtraction of 262,000 ML/year and 8,000 ML/year, the SDL resource unit shared reduction amount and the SLD adjustment amount are prescribed in Schedule 2 of the Basin Plan.cl 30: Subst 2022 (872), Sch 1[20].
31 Calculation of annual permitted take and annual actual take for the water year
(1) Following the end of each water year, the Minister is to calculate the annual permitted take and annual actual take of water for each water source for the previous water year in accordance with Division 2 of Part 4 of Chapter 6 of the Basin Plan.(2) For the purposes of the calculation, references to the SDL resource unit in Division 2 of Part 4 of Chapter 6 of the Basin Plan are taken to be references to the respective water source.Notes—1Annual permitted take and annual actual take are defined in the Dictionary.2Take of licensed environmental water and take under licences held by the Commonwealth Environmental Water Holder are not included in the calculation of annual permitted take and annual actual take as they fall outside the definition of take for consumptive use.3Take and consumptive use are defined in section 4 of the Water Act 2007 of the Commonwealth.cl 31: Subst 2022 (872), Sch 1[20].
32 Assessment of compliance with the long-term average sustainable diversion limits
(1) Following the calculation under clause 31 the Minister is to undertake an assessment of compliance with the long-term average sustainable diversion limits in accordance with the requirements of Division 2 of Part 4 of Chapter 6 of the Basin Plan.(2) There is non-compliance with the long-term average sustainable diversion limits in the circumstances set out in Division 2 of Part 4 of Chapter 6 of the Basin Plan.cl 32: Subst 2022 (872), Sch 1[20].
Division 4 Compliance with extraction and diversion limits
pt 6, div 4: Ins 2022 (872), Sch 1[20].
33 Action following non-compliance
(1) For the Murray Water Source, if an assessment under clauses 29 or 32 demonstrates that there is non-compliance with either the long-term average annual extraction limit or the long-term average sustainable diversion limit, the Minister must take one or more of the following actions—(a) make future available water determinations for supplementary water access licences under clause 40 of less than 1 ML per unit share,(b) in relation to available water determinations for regulated river (general security) access licences, reduce the limit under clause 34 (3).Notes—1Action under this clause will have effect from the water year following the assessment, which will be two water years after the non-compliance occurred.2ML is defined in the Dictionary.(2) For the Lower Darling Water Source, if an assessment under clauses 29 or 32 demonstrates that there is non-compliance with either the long-term average annual extraction limit or the long-term average sustainable diversion limit, the Minister must take any one or more of the following actions for the water year after the assessment—(a) make future available water determinations for supplementary water access licences under clause 40 of less than 1 ML per unit share,(b) in relation to available water determinations for regulated river (general security) access licences, reduce the limit under clause 34 (3).Note—Action under this clause will have effect from the water year following the assessment, which will be two water years after the non-compliance occurred.(3) The Minister may also take one or more of the actions specified in subclauses (1) or (2) as a result of any action taken under clause 6.12 (5) of the Basin Plan.(4) Any action under subclause (1), (2) or (3) must only be taken to the extent to which, and only for as long as, the Minister considers the following is necessary—(a) in the case of non-compliance with the long-term average annual extraction limit — to return long-term average annual extraction in the respective water source to the long-term average annual extraction limit, or(b) in the case of non-compliance with the long-term average sustainable diversion limit — to meet the requirements of Division 2 of Part 4 of Chapter 6 of the Basin Plan, or(c) in the case where non-compliance with the long-term average sustainable diversion limit would have occurred but for there being a reasonable excuse — to meet the requirements of Division 2 of Part 4 of Chapter 6 of the Basin Plan.(5) The Minister must not take action under subclause (1), (2) or (3) to reduce the limit to the sum of available water determinations that may be made for regulated river (general security) access licences unless the Minister has made an available water determination for supplementary water access licences of zero in the respective water source.(6) Before taking action under this clause, the Minister may consult with water user representatives, the NSW Environmental Water Manager and the operator regarding the following—(a) the data used for the calculations under Divisions 2 and 3, and(b) the proposed actions under this Division.cl 33: Subst 2022 (872), Sch 1[20].
Division 5 Available water determinations
pt 6, div 5: Ins 2022 (872), Sch 1[20].
34 General
(1) Available water determinations for access licences are to be expressed as one of the following—(a) for an access licence specifying the share component in ML/year— a percentage of the share component,(b) for an access licence specifying the share component as a number of unit shares— ML per unit share.(2) The sum of available water determinations made for any access licence, other than regulated river (general security) access licences in the Murray Water Source, must not exceed the following in any water year—(a) for an access licence specifying the share component in ML/year— 100% of the share component,(b) for any access licence specifying the share component as a number of unit shares— 1 ML per unit share of the share component, or any lower limit determined under clause 33.(3) The sum of available water determinations made for regulated river (general security) access licences in the Murray Water Source must not exceed 1.1 ML per unit share of the access licence share component in any water year, or any lower limit determined under clause 33.cl 34: Subst 2022 (872), Sch 1[20].
35 Available water determinations for domestic and stock access licences
Unless the Minister otherwise determines, at the commencement of each water year an available water determination of 100% of the access licence share component is to be made for domestic and stock access licences.cl 35: Subst 2022 (872), Sch 1[20].
36 Available water determinations for local water utility access licences
Unless the Minister otherwise determines, at the commencement of each water year an available water determination of 100% of the access licence share component is to be made for local water utility access licences.cl 36: Am 2016 No 55, Sch 3.51 [2]. Subst 2022 (872), Sch 1[20].
37 Available water determinations for regulated river (high security) access licences
(1) Unless the Minister otherwise determines, at the commencement of each water year an available water determination of 100% of the access licence share component is to be made for the following subcategories of regulated river (high security) access licences in the Murray Water Source—(a) Aboriginal cultural,(b) Community and education,(c) Environmental,(d) Research,(e) Town water supply.(2) Unless the Minister otherwise determines, at the commencement of each water year an available water determination is to be made for regulated river (high security) access licences in the Murray Water Source, other than those specified in subclause (1), of—(a) 0.97 ML per unit share, or(b) 1 ML per unit share, if an available water determination for regulated river (general security) access licences in the Murray Water Source that is equal to or greater than 0.97 ML per unit share will also be made at the commencement of the water year.(3) If an available water determination of 0.97 ML per unit share is made at the commencement of the water year under subclause (2) (a), the Minister must make an additional available water determination of 0.03 ML per unit share prior to making available water determinations totalling or exceeding 0.97 ML per unit share for regulated river (general security) access licences in the Murray Water Source.(4) Unless the Minister otherwise determines, at the commencement of each water year an available water determination of 1 ML per unit share is to be made for regulated river (high security) access licences in the Lower Darling Water Source.(5) The Minister must not make an available water determination under subclause (1), (2), (3) or (4) unless sufficient water is available for all of the following in the respective water source—(a) to meet the environmental water rules in Divisions 1 and 2 of Part 10,(b) to meet the requirements for basic landholder rights,(c) to make available water determinations totalling 100% of access licence share components for both domestic and stock access licences and local water utility access licences and those subcategories of regulated river (high security) access licences specified in subclause (1) in the Murray Water Source,(d) to provide for existing water allocations in regulated river (general security) access licence water allocation accounts,(e) to account for water losses associated with holding and delivering the water—(i) to be made available as a result of the available water determination made under subclauses (1) – (3), and(ii) referred to in paragraphs (a) – (d) above.cl 37: Subst 2022 (872), Sch 1[20].
38 Available water determinations for regulated river (conveyance) access licences
(1) Unless the Minister otherwise determines and subject to subclause (2), available water determinations for regulated river (conveyance) access licences in the Murray Water Source are to be made so that the sum of those available water determinations in the water year total the following—(a) 0.5 ML per unit share, when the sum of available water determinations in the Murray Water Source which have been made during that water year for regulated river (high security) access licences with share components expressed in unit shares is 0.97 ML per unit share and for regulated river (general security) access licences is 0 ML per unit share,(b) 0.5 ML per unit share plus 0.003883 ML per unit share for each 0.01 ML per unit share by which the sum of available water determinations for regulated river (general security) access licences in the Murray Water Source for the water year exceeds 0 ML per unit share, when the sum of available water determinations for regulated river (general security) access licences for the water year is less than 0.6 ML per unit share,(c) 0.733 ML per unit share plus 0.006675 ML per unit share for each 0.01 ML per unit share by which the sum of available water determinations for regulated river (general security) access licences in the Murray Water Source for the water year exceeds 0.6 ML per unit share, when the sum of available water determinations for regulated river (general security) access licences for the water year is equal to or greater than 0.6 ML per unit share but less than 1 ML per unit share,(d) 1 ML per unit share, when the sum of available water determinations for regulated river (general security) access licences in the Murray Water Source for the water year is equal to or greater than 1 ML per unit share.(2) The Minister must not make an available water determination under subclause (1) unless sufficient water is available for the following—(a) to meet the environmental water rules in Divisions 1 and 2 of Part 10 that are relevant to the Murray Water Source,(b) to meet the requirements for basic landholder rights in the Murray Water Source,(c) to make available water determinations totalling 100% of access licence share components for domestic and stock access licences, local water utility access licences and subcategories of regulated river (high security) access licences that have share components expressed in ML/year, in the Murray Water Source,(d) to make available water determinations totalling 0.97 ML per unit share for regulated river (high security) access licences with share components expressed in unit shares in the Murray Water Source,(e) to provide for existing water allocations in regulated river (conveyance) access licence water allocation accounts in the Murray Water Source,(f) to provide for existing water allocations in regulated river (general security) access licence water allocation accounts in the Murray Water Source,(g) to account for water losses associated with holding and delivering the water—(i) to be made available as a result of the available water determination made under subclause (1), and,(ii) referred to in paragraphs (a) to (f) above.cl 38: Subst 2022 (872), Sch 1[20].
39 Available water determinations for regulated river (general security) access licences
(1) The Minister, at the commencement of each water year, and at least monthly, is to assess if water is available for the making of an available water determination for regulated river (general security) access licences.(2) For the purposes of the assessment, water is not available in the Murray Water Source unless sufficient water is available for the following—(a) to meet the environmental water rules in Divisions 1 and 2 of Part 10 that are relevant to the Murray Water Source,(b) to meet the requirements for basic landholder rights in the Murray Water Source,(c) to make available water determinations totalling 100% of access licence share components for domestic and stock access licences, local water utility access licences and subcategories of regulated river (high security) access licences that have share components expressed in ML/year, in the Murray Water Source,(d) to make available water determinations totalling 0.97 ML per share for regulated river (high security) access licences with share components expressed in unit shares in the Murray Water Source,(e) to make available water determinations totalling 0.5 ML per unit share for regulated river (conveyance) access licences in the Murray Water Source,(f) to provide for existing water allocations in regulated river (general security) access licence water allocation accounts in the Murray Water Source,(g) to account for water losses associated with holding and delivering the water—(i) to be made available as a result of the available water determination made under subclause (1), and(ii) (referred to in paragraphs (a) to (f) above.(3) For the purposes of the assessment, water is not available in the Lower Darling Water Source unless sufficient water is available for the following—(a) to meet the environmental water rules in Divisions 1 and 2 of Part 10 that are relevant to the Lower Darling Water Source,(b) to meet the requirements for basic landholder rights in the Lower Darling Water Source,(c) to make available water determinations totalling 100% of access licence share components for domestic and stock access licences and local water utility access licences in the Lower Darling Water Source,(d) to make available water determinations totalling 1 ML per unit share for regulated river (high security) access licences in the Lower Darling Water Source,(e) to provide for existing water allocations in regulated river (general security) access licence water allocation accounts in the Lower Darling Water Source,(f) to account for water losses associated with holding and delivering the water—(i) to be made available as a result of the available water determination made under subclause (1), and(ii) referred to in paragraphs (a) to (f) above.(4) For the purpose of the assessment of available water for regulated river (general security) access licences in the Murray Water Source, water in storage in the Lower Darling Water Source is not to be considered as being available until the sum of available water determinations for regulated river (general security) access licences in the Lower Darling Water Source in the water year is 1 ML per unit share.(5) If the Minister assesses that water is available under this clause, the Minister is to consider making an available water determination for regulated river (general security) access licences in the respective water source, subject to subclause (6).(6) If the Minister assesses under subclause (2) that water is available for regulated river (general security) access licences in the Murray Water Source and the water taken from the Barmah-Millewa Allowance under clause 57 (2) has not been re-credited to the Allowance under clause 56 (2) then, further available water determinations for regulated river (general security) access licences must not result in the sum of available water determinations for regulated river (general security) access licences in the Murray Water Source exceeding—(a) 0.3 ML per unit share, or(b) 0.5 ML per unit share if exceptional circumstances as defined in clause 54 apply.cl 39: Subst 2022 (872), Sch 1[20].
40 Available water determinations for supplementary water access licences
At the commencement of each water year, the Minister is to make available water determinations for supplementary water access licences in the respective water sources of 1 ML per unit share, unless a lower amount is determined under clause 33.Note—The taking of water under a supplementary water access licence is subject to Division 2 of Part 8.cl 40: Subst 2022 (872), Sch 1[20].
Part 7 Rules for granting access licences
pt 7, div 1, hdg: Rep 2022 (872), Sch 1[21].
Notes—
1
This Part is made in accordance with sections 61 and 63 of the Act. Section 61 of the Act provides for applications for specific purpose access licences in accordance with the regulations and the relevant water sharing plan.
2
Access licences in the water sources are granted subject to mandatory conditions required to be imposed by this Plan, the regulations and the Act, and may also be subject to discretionary conditions.
pt 7: Subst 2022 (872), Sch 1[21].
pt 7, notes: Subst 2022 (872), Sch 1[21].
41 Specific purpose access licences
(1) The Minister must not grant a specific purpose access licence unless satisfied that the share and extraction components of the access licence are the minimum required for the proposed use.(2) A person may make an application for a regulated river (high security) (Aboriginal cultural) access licence only if the share component of the proposed access licence is no greater than 10 ML/year.(3) The Minister may only grant a regulated river (high security) (Aboriginal cultural) access licence for the taking of water by an Aboriginal person or Aboriginal community for any personal, domestic or communal purpose, including drinking, food preparation, washing, manufacturing traditional artefacts, watering domestic gardens, cultural teaching, hunting, fishing, gathering, and for recreational, cultural and ceremonial purposes.Note—Aboriginal person is defined in the Dictionary.cl 41: Subst 2022 (872), Sch 1[21].pt 7, div 2, hdg: Rep 2022 (872), Sch 1[21].
Part 8 Operation of water allocation accounts and managing access licences
Notes—
1
Section 85 of the Act and the regulations provide for the keeping of water allocation accounts for access licences. The rules in this Part restrict the water that may be taken under, or assigned from, an access licence over a specified period of time, and the unused water allocations in water allocation accounts that may be carried over from one water year to the next. These restrictions are in addition to any other limits on access licences for the taking or assignment of water. It is an offence under section 60C of the Act to take water under an access licence for which there is no or insufficient water allocation.
2
The provisions in this Part apply to the following—
(a) the Minister in managing water allocation accounts,
(b) the access licence holder, as required by mandatory conditions imposed on the access licence under Part 11.
pt 8: Subst 2022 (872), Sch 1[22].
pt 8, notes: Subst 2022 (872), Sch 1[22].
Division 1 Water allocation account management rules
pt 8, div 1: Ins 2022 (872), Sch 1[22].
42 Credits to and debits from an individual water allocation account
(1) For any access licence other than a supplementary water access licence, the Minister must debit, from the water allocation account for that access licence, the volume of water extracted by the water supply works nominated by the access licence, except where subclauses (2), (4) or (5), or clause 45 apply.(2) For any access licence other than a supplementary water access licence, if the Minister has first given written notice to the holder of the licence in accordance with a water order debiting protocol established by the Minister, the Minister must debit the greater of the following from the water allocation account for that access licence, except where clause 45 applies—(a) the volume of water extracted by water supply works nominated by the access licence,(b) the water ordered for extraction under the access licence.Note—The Minister may take action under subclause (2) if, for example, water orders from a particular licence holder exceed the volume of water taken under the licence and this cannot be explained by rainfall or other unavoidable factors.(3) For any supplementary water access licence, the Minister must, in accordance with any applicable supplementary water announcement, debit the volume of water extracted by the water supply works nominated by the access licence from the water allocation account for that access licence.(4) When water is ordered in accordance with the Environmental Flow Reuse Procedures made under clause 71, the amount of water ordered will be debited from the water allocation account for the access licence.(5) When water is ordered in accordance with the Piggybacking Procedures made under clause 71, the amount of water ordered will be debited from the water allocation account for the access licence, as varied in accordance with any debiting protocol established by the Minister.Note—A protocol may be developed to increase or decrease the amount of water to be debited, to offset any impact on reliability to other licence holders caused by the release of water under the Piggybacking Procedures.(6) For any regulated river (general security) access licence in the Murray Water Source, the total water allocation credited to the water allocation account from available water determinations during the water year must not exceed 1.1 ML per unit share minus the volume carried over from the previous water year.(7) For any regulated river (general security) access licence in the Lower Darling Water Source, the total water allocation credited to the water allocation account from available water determinations during the water year must not exceed the greater of—(a) 0.5 ML per unit share, and(b) 1 ML per unit share minus the water allocations carried over from the previous water year.Note—Subclause (7) ensures that those regulated river (general security) access licence holders with on-farm storages who have carried over water under clause 43 can receive up to 50% of the current year’s water allocations.cl 42: Subst 2022 (872), Sch 1[22].
43 Limits on water allocation accounts and carryover
(1) Water allocations remaining in a water allocation account must not be carried over from one water year to the next water year for the following categories of licences—(a) domestic and stock access licence,(b) local water utility access licence,(c) regulated river (high security) access licence,(d) regulated river (conveyance) access licence,(e) supplementary water access licence.(2) Water allocations remaining in the water allocation account must be carried over from one water year to the next water year for the following licences—(a) regulated river (general security) access licences in the Murray Water Source, up to a limit of 0.5 ML per unit share,(b) regulated river (general security) access licences in the Lower Darling Water Source, up to a limit of 0.5 ML per unit share.cl 43: Subst 2022 (872), Sch 1[22].
44 Withdrawals from water allocation accounts for evaporation and dam spills
(1) In relation to each regulated river (general security) access licence water allocation account in the Lower Darling Water Source, the Minister is to withdraw amounts that reflect water that has been lost to evaporation due to the additional surface area in the Menindee Lakes generated by water carried over under clause 43 (2) (b).(2) The amount the Minister is to withdraw under subclause (1) from each water allocation account is, on each occasion, to be the lesser of the following—(a) the volume in the account at the commencement of the relevant assessment period that exceeds—(i) the water credited to the water allocation account from available water determinations in that water year,(ii) plus the water allocations assigned to the water allocation account from another water allocation account in that water year,(iii) minus the water allocations assigned from the water allocation account to another water allocation account in that water year,(b) the volume calculated under paragraph (a) divided by the total volume for all regulated river (general security) access licences calculated under paragraph (a) in the Lower Darling Water Source, multiplied by the depth of evaporation from the Menindee Lakes during the assessment period multiplied by the additional surface area of water in the Menindee Lakes resulting from the total excess volume calculated under paragraph (a).(3) In relation to each regulated river (general security) access licence water allocation account in the Lower Darling Water Source, the Minister is to withdraw an amount for water spills from the Menindee Lakes in respect of each occasion that a spill occurs.(4) The amount the Minister is to withdraw under subclause (3) from each water allocation account is the lesser of the following—(a) the volume in the account at the commencement of the relevant assessment period that exceeds—(i) the water credited to the water allocation account from available water determinations in that water year,(ii) plus the water allocations assigned to the water allocation account from another water allocation account in that water year,(iii) minus the water allocations assigned from the water allocation account to another water allocation account in that water year,(b) the volume calculated under paragraph (a) divided by the total volume for all regulated river (general security) access licences calculated under paragraph (a) in the Lower Darling Water Source, multiplied by the total volume of water spilled from the Menindee Lakes during the assessment period.cl 44: Subst 2022 (872), Sch 1[22].
45 Taking of uncontrolled flows
Note—This clause is made under section 85A of the Act.(1) The Minister may, by order published on the Department’s website, authorise the holders of regulated river (general security) access licences in either of the water sources to take water from uncontrolled flows, that has not been credited to the water allocation accounts of those licences, whenever—(a) the sum of available water determinations for regulated river (general security) access licences in the respective water source is less than or equal to 0.6 ML per unit share, and(b) the taking of water under supplementary water access licences is permitted in the same segment of the respective water source as the water supply works nominated on the regulated river (general security) access licence.(2) The maximum amount of water permitted to be taken during a water year under orders made under subclause (1) is 1 ML per unit share minus the water allocations carried over from the previous water year and the water credited to the water allocation account from available water determinations in that water year.(3) If at any time during the water year the amount of water taken under subclause (1) exceeds the amount permitted to be taken under subclause (2), including due to an increase in the sum of available water determinations made in the water year, then the amount of water in excess of that permitted to be taken must be debited from the water allocation account.cl 45: Subst 2022 (872), Sch 1[22].
Division 2 Supplementary water events
Notes—
1
This Division is made under section 70 of the Act.
2
Supplementary water event is defined in the Dictionary.
pt 8, div 2: Ins 2022 (872), Sch 1[22].
46 Taking of water under supplementary water access licences
The holder of a supplementary water access licence may only take water in accordance with supplementary water event announcements made by the Minister that are relevant to that licence.cl 46: Subst 2022 (872), Sch 1[22].
47 Announcement of supplementary water event
(1) The Minister may announce a supplementary water event if, in the Minister’s opinion, there will be uncontrolled flows in the segment of the water source to which the announcement applies.(2) The Minister must not announce a supplementary water event if, in the Minister’s opinion, any of the following apply—(a) the flows can be stored in Lake Victoria water storage,(b) the flows will contribute to the requirements to supply South Australia in accordance with the Murray-Darling Basin Agreement,(c) the flows will contribute to reducing the surface water salinity measurement in the Murray River at Morgan when it is in excess of 800 electrical conductivity units,(d) the flows would assist in the reduction of existing medium or high blue-green algae alerts,(e) the taking of water will prevent the commencement of a waterbird breeding event or threaten the success of an existing waterbird breeding event,(f) between 1 April and 30 October each year, the taking of water will prevent significant flow variations in those segments of the water sources where flow heights are unaffected by weirs.(3) The Minister must not announce a supplementary water event in the Murray Water Source between 1 April and 30 October if, in the Minister’s opinion, the taking of water will reduce beneficial flooding of the Barmah-Millewa Forest or other Murray Water Source riverine ecosystems.(4) The Minister must not announce a supplementary water event in the Lower Darling Water Source if—(a) the Menindee Lakes water storages are not full, or if flows upstream of the Lower Darling Water Source will not fill them, and(b) in the Minister’s opinion, the flows could be used to supply regulated river (general security) access licence allocations in the Murray Water Source, and(c) the taking of water will prevent flows in the Darling River from reaching 7,000 ML/day at Weir 32 (425012) for a period of time which, in the Minister’s opinion, is sufficient to permit adequate passage of fish over Weir 32.(5) In making an announcement, the Minister must consider whether and how access opportunities can be evenly shared between all holders of supplementary water access licences in the relevant water source.cl 47: Subst 2022 (872), Sch 1[22].
Part 9 Access licence dealing rules
pt 9, div 1, hdg: Rep 2022 (872), Sch 1[23].
Notes—
1
Access licence dealings in the water sources are subject to the provisions of the Act, the regulations, any access licence dealing principles established by order made under section 71A of the Act and the access licence dealing rules established under this Part.
2
At the commencement of this Plan the Access Licence Dealing Principles Order 2004 applies. Access licence dealing principles prevail over the access licence dealing rules in this Plan to the extent of any inconsistency, as provided under section 71Z (3) of the Act.
3
This Part may be amended if individual daily extraction components are imposed on access licences in the water sources.
pt 9: Subst 2022 (872), Sch 1[23].
pt 9, notes: Ins 2022 (872), Sch 1[23].
48 Conversion of access licence to new category
Dealings under section 71O of the Act are prohibited.cl 48: Subst 2022 (872), Sch 1[23].
49 Assignment of rights dealings (within the water sources or within a water management area)
(1) A dealing under section 71Q of the Act between access licences in the same water source is prohibited if the dealing—(a) is from an access licence that nominates a water supply work located upstream of the Barmah Choke in the Murray Water Source to an access licence that nominates a water supply work downstream of the Barmah Choke, or(b) involves the regulated river (conveyance) access licence WAL9422, or(c) involves the regulated river (high security) access licence WAL9423.(2) A dealing under section 71Q of the Act that is from or to an access licence in another water source is prohibited.cl 49: Subst 2022 (872), Sch 1[23].
50 Amendment of share component dealings (change of water source)
Dealings under section 71R of the Act are prohibited.cl 50: Subst 2022 (872), Sch 1[23].
51 Assignment of water allocation dealings
A dealing under section 71T of the Act is prohibited in any of the following circumstances—(a) the dealing involves an assignment of water allocation from an access licence in the Murray Water Source that nominates a water supply work upstream of the Barmah Choke to an access licence in the Murray Water Source that nominates a water supply work downstream of the Barmah Choke, unless the Minister is satisfied that the assignment will not diminish the ability to supply all water orders that may result from water allocations already in the water allocation accounts of access licences that nominate a water supply work downstream of the Barmah Choke,(b) the dealing involves an assignment of water allocation to or from an access licence in another water source, unless the other water source is—(i) the Murrumbidgee Regulated River Water Source, or(ii) one of the water sources,(c) the dealing involves an assignment of water allocation from a local water utility access licence to an access licence in the Lower Darling Water Source of any other category if—(i) the total volume of water stored in the Menindee Lakes is below 480,000 ML, or(ii) the total volume of water stored in the Menindee Lakes has not risen above 640,000 ML since the total volume stored last fell below 480,000 ML,(d) the dealing involves an assignment of water allocation to a supplementary water access licence from an access licence of any other category,Note—At the commencement of this Plan, dealings under section 71T of the Act involving the assignment of water allocations from a supplementary water access licence to an access licence of any other category are also prohibited under clause 17 of the Access Licence Dealing Principles Order 2004.(e) the dealing would comply with the requirements of subclause (b), but in the Minister’s opinion, it would not be physically possible to supply the receiving access licence with the volume of water allocation proposed to be assigned under the dealing,(f) the dealing would comply with subclause (b), but in the Minister’s opinion, there is more than a minimal likelihood that the dealing would reduce the water available to the environment under Division 1 or 2 of Part 10, basic landholder rights or access licences in the water sources,(g) the dealing complies with paragraph (b) but not with the Inter-Valley Trade Procedures established by the Minister or the rules in Schedule D of the Murray-Darling Basin Agreement.cl 51: Subst 2022 (872), Sch 1[23].
52 Interstate access licence transfer and assignment of water allocations
(1) A dealing under section 71U of the Act is prohibited unless administrative arrangements are in place between NSW and another State or Territory and the interstate transfer of the access licence is made in accordance with those arrangements.(2) A dealing under section 71V of the Act is prohibited unless the dealing is in accordance with the following—(a) the rules in Schedule D of the Murray-Darling Basin Agreement,(b) the Inter-Valley Trade Procedures established by the Minister.(3) Dealings under section 71V of the Act are prohibited if any of the following circumstances apply—(a) the dealing involves any of the following access licences—(i) regulated river (conveyance) access licence WAL9422,(ii) regulated river (high security) access licence WAL9423,(b) in the Minister’s opinion, there is more than a minimal likelihood that the dealing would reduce the water available to the environment under Division 1 or 2 of Part 10, basic landholder rights or access licences in the water sources,(c) in the Minister’s opinion, it would not be physically possible to supply the receiving access licence with the volume of water allocation proposed to be assigned under the dealing,(d) the application for the assignment of water allocation is received after 30 April in any water year.Note—At the commencement of this Plan, dealings under section 71V of the Act involving a supplementary water access licence are prohibited under clause 19 (3) (d) of the Access Licence Dealing Principles Order 2004.cl 52: Subst 2022 (872), Sch 1[23].
53 Nomination of water supply work dealings
A dealing under section 71W of the Act is prohibited if it involves any of the following—(a) an access licence that nominates a water supply work located upstream of the Barmah Choke being amended to nominate a water supply work located downstream of the Barmah Choke,(b) an application for an access licence in the Murray Water Source or Lower Darling Water Source to nominate a water supply work in another water source or a State other than NSW, unless the dealing is in accordance with the following—(i) the rules in Schedule D of the Murray-Darling Basin Agreement,(ii) the Inter-Valley Trade Procedures established by the Minister.Note—At the commencement of this Plan, dealings under section 71W of the Act involving an access licence nominating a work that does not have an extraction component allowing the taking of water in the other water source or State are prohibited under clause 20 of the Access Licence Dealing Principles Order 2004, unless the dealing nominates a work in an Interstate or NSW tagging zone specified in clause 21 of that Order.cl 53: Subst 2022 (872), Sch 1[23].pt 9, div 2, hdg: Rep 2022 (872), Sch 1[23].
Part 10 System operation rules
Note—
Operator and NSW Environmental Water Manager are defined in the Dictionary.
pt 10: Subst 2022 (872), Sch 1[24].
pt 10, note: Ins 2022 (872), Sch 1[24].
Division 1 Environmental water rules in the Murray Water Source
pt 10, div 1: Ins 2022 (872), Sch 1[24].
54 Definitions
In this Division—November water availability is the sum of available water determinations for, and water carried over in water allocation accounts of, regulated river (general security) access licences in the Murray Water Source as at 30 November divided by the total number of unit shares for all regulated river (general security) access licences in the Murray Water Source,exceptional circumstances means a situation when both of the following apply—(a) the average November water availability for the four years up to, and including, the current water year is less than 0.5 ML per unit share for all regulated river (general security) access licences in the Murray Water Source,(b) the situation described in (a) did not occur in the previous water year,total natural inflows to Hume Reservoir are the natural inflows that would have occurred to Hume Reservoir but for the net effect of impoundments and losses in Dartmouth Dam and the Snowy Mountains Hydroelectric Scheme,Victorian seasonal allocation means the percentage of allocation made to the high reliability water share of a Victorian water licence in the Murray Water System as determined by Goulburn-Murray Water Rural Water Corporation.cl 54: Am 2016 No 55, Sch 3.51 [3]. Subst 2022 (872), Sch 1[24].
55 Environmental water allowances in the Murray Water Source
(1) The operator is to maintain the following environmental water allowances in the Murray Water Source, as set out in this Division—(a) a Barmah-Millewa Environmental Water Allowance (the Barmah-Millewa Allowance),Note—The management of the Barmah-Millewa Allowance is a shared NSW and Victorian responsibility. The operating rules for the Barmah-Millewa Allowance are set out in the Barmah-Millewa operating rules. Barmah-Millewa operating rules is defined in the Dictionary. The rules in this Division outline NSW’s obligations in the management of the Barmah-Millewa Allowance.(b) a Barmah-Millewa Overdraw Environmental Water Allowance (the Barmah-Millewa Overdraw),(c) a NSW Murray Regulated River Water Source Additional Environmental Water Allowance (the Murray Additional Allowance).(2) The operator is to keep separate accounts of the water credited to and debited from each environmental water allowance established under subclause (1).cl 55: Subst 2022 (872), Sch 1[24].
56 Credits to the Barmah-Millewa Allowance
(1) The operator is to credit the Barmah-Millewa Allowance with the following volumes of water—(a) 50,000 ML multiplied by the Victorian seasonal allocation, minus the volume of the Barmah-Millewa Overdraw released in the preceding water year under clause 60, at any time a Victorian seasonal allocation is made,(b) 25,000 ML, following the first instance that the total natural inflow to Hume Reservoir reaches one of the trigger amounts in Column 3 of Table A, calculated over the corresponding number of calendar months in Column 2 of Table A prior to the corresponding day in Column 1 of Table A.Table A — Triggers for crediting the Barmah-Millewa Allowance
57 Debits from the Barmah-Millewa Allowance
(1) If the operator makes a credit to the Barmah-Millewa Allowance under clause 56 (1) (b) following the trigger for 1 July being reached but the trigger for 1 August as specified in clause 56 (1) (b) is not reached, then any volume credited for July in the Barmah-Millewa Allowance must be debited from the allowance in August.(2) The operator must debit the Barmah-Millewa Allowance in accordance with subclause (4) whenever the sum of available water determinations for regulated river (general security) access licences in the Murray Water Source during a water year is less than the following, except where the Minister has determined under subclause (3) that the debit is not to occur—(a) 0.3 ML per unit share for all regulated river (general security) access licences in the Murray Water Source, or(b) 0.5 ML per unit share for all regulated river (general security) access licences in the Murray Water Source if exceptional circumstances apply.(3) If water has been debited from the Barmah-Millewa Allowance under subclause (2) in four consecutive water years, then the Minister may determine that the debit under subclause (2) is not to occur in the fifth consecutive water year.Note—The operating rules for the Allowance as agreed to by the NSW and Victorian Governments require the States to consult with each other and document why they decided to borrow or not borrow.(4) The debit from the Barmah-Millewa Allowance under subclause (2) must be the lesser of—(a) the volume necessary to permit the available water determinations for regulated river (general security) access licences in the Murray Water Source referred to in subclause (2), or(b) the volume in the Barmah-Millewa Allowance.(5) Following a release of water under clause 58, the operator must debit from the Barmah-Millewa Allowance an amount of water calculated as set out in the Barmah-Millewa operating rules.Note—Barmah-Millewa operating rules are defined in the Dictionary.(6) The debit of water made under subclause (5) must be in the following order—(a) firstly, from any water in the Barmah-Millewa Allowance carried over from the previous water year,(b) secondly, from any water credited to the Barmah-Millewa Allowance in that water year.cl 57: Subst 2022 (872), Sch 1[24].
58 Releases from the Barmah-Millewa Allowance
(1) The NSW Environmental Water Manager is to manage the Barmah-Millewa Allowance to provide environmentally beneficial outcomes for the Barmah-Millewa Forest, and other environmental outcomes, in accordance with the Barmah-Millewa operating rules and any procedures established by the Minister with the concurrence of the Minister for the Environment.(2) The operator is to make releases from the Barmah-Millewa Allowance in accordance with orders made by the NSW Environmental Water Manager and any procedures established by the Minister with the agreement of the Minister for the Environment.(3) The NSW Environmental Water Manager may order water to be released from the Barmah-Millewa Allowance for environmental purposes other than beneficial outcomes for the Barmah-Millewa Forest, provided the volume to be released is not required to provide environmentally beneficial outcomes for the Barmah-Millewa Forest under any relevant interstate agreement.(4) Any Barmah-Millewa Allowance water that has been taken from the Murray Water Source and later returns to the Murray Water Source can be used by the operator in accordance with the Murray-Darling Basin Agreement.cl 58: Subst 2022 (872), Sch 1[24].
59 Carryover and limit rules for the Barmah-Millewa Allowance
(1) Subject to subclause (2), the operator is to carry over any water remaining in the Barmah-Millewa Allowance from one water year to the next.(2) The total volume in the Barmah-Millewa Allowance must not exceed 350,000 ML at any time.(3) If any water carried over under subclause (1) remains in the Barmah-Millewa Allowance at the end of each month, the operator is to debit NSW’s share of evaporation losses, as calculated under the Barmah-Millewa operating rules, from the Barmah-Millewa Allowance.cl 59: Subst 2022 (872), Sch 1[24].
60 Barmah-Millewa Overdraw
(1) The Minister may direct the operator to credit the Barmah-Millewa Overdraw with any available water, subject to the amount in the Barmah-Millewa Overdraw not exceeding 50,000 ML, when all of following circumstances apply—(a) the sum of available water determinations for regulated river (general security) access licences in the water year has reached 1 ML per unit share,(b) there is sufficient water set aside for the making of an available water determination at the commencement of the following water year of 0.97 ML per unit share for regulated river (high security) access licences in the Murray Water Source.(2) The NSW Environmental Water Manager is to manage the Barmah-Millewa Overdraw to provide environmentally beneficial outcomes for the Barmah-Millewa Forest, and other environmental outcomes, in accordance with any relevant interstate agreements and any procedures established by the Minister with the concurrence of the Minister for the Environment.(3) The operator is to make releases from the Barmah-Millewa Overdraw in accordance with orders made by the NSW Environmental Water Manager and any procedures established by the Minister with the concurrence of the Minister for the Environment.(4) Following a release of water under subclause (3), the operator must debit from the Barmah-Millewa Overdraw an amount of water calculated as set out in the Barmah-Millewa operating rules.(5) Subject to subclause (6), the operator is to carry over water in the Barmah-Millewa Overdraw from one water year to the next.(6) The total volume in the Barmah-Millewa Overdraw must not exceed 50,000 ML at any time.cl 60: Subst 2022 (872), Sch 1[24].
61 Murray Additional Allowance
(1) Subject to subclause (2), the operator is to credit the Murray Additional Allowance with an amount equal to 0.03 ML per unit share of all regulated river (high security) access licences in the Murray Water Source with share components expressed in unit shares, whenever the sum of available water determinations for those access licences in the water year reaches 0.97 ML per unit share.Note—The clause above does not apply to subcategories of regulated river (high security) access licence as these licences are specific purpose access licences and have their share components expressed in ML per year rather than unit shares.(2) At any time, the Murray Additional Allowance must not exceed an amount equal to 0.15 ML per unit share of all regulated river (high security) access licences in the Murray Water Source with share components expressed in unit shares.(3) The NSW Environmental Water Manager is to manage the Murray Additional Allowance for any purpose consistent with the environmental objectives in clause 8 of this Plan.(4) The operator is to make releases from the Murray Additional Allowance in accordance with orders made by the NSW Environmental Water Manager and any procedures established by the Minister with the concurrence of the Minister for the Environment.(5) The operator is to debit the amount released under this clause from the Murray Additional Allowance in the following order—(a) firstly, from any water carried over from the previous water year,(b) secondly, from any water credited in that water year.cl 61: Am 2019 (266), cl 3. Subst 2022 (872), Sch 1[24].
62 Withdrawals from the environmental water allowances due to dam spills
(1) Whenever Hume Reservoir spills and all water has been withdrawn from the River Murray Increased Flows Account under clause 63 (3), the operator must withdraw from the Barmah-Millewa Allowance and the Murray Additional Allowance amounts of water equal to the NSW share of the volume of water spilled, as determined under the Murray-Darling Basin Agreement, minus the amount withdrawn from the River Murray Increased Flows Account under clause 63 (3).(2) The withdrawal of water under subclause (1) is to be as follows—(a) firstly, from any water in the Murray Additional Allowance carried over from the previous water year,(b) secondly, from any water in the Barmah-Millewa Allowance carried over from the previous water year,(c) thirdly, in equal volumes from the water credited to the Murray Additional Allowance and the Barmah-Millewa Allowance in that water year,(d) fourthly, from any water remaining in—(i) the Murray Additional Allowance, or(ii) the Barmah-Millewa Allowance, but only if the volume in the Barmah-Millewa Allowance is not less than—(A) 100,000 ML, plus(B) the volume equal to that taken from the Barmah-Millewa Allowance the previous year under clause 57 (2), up to 100,000 ML.cl 62: Subst 2022 (872), Sch 1[24].
63 River Murray Increased Flows Account
(1) The operator must maintain an account (the River Murray Increased Flows Account) in the Murray Water Source.(2) The operator must credit the River Murray Increased Flows Account—(a) whenever the Murray-Darling Basin Authority notifies the Minister that additional water is available in NSW’s share of Hume Reservoir for crediting to the River Murray Increased Flows Account, as determined in accordance with Part V of Schedule F of the Murray-Darling Basin Agreement, and(b) with an amount equal to the quantity of water that the Murray-Darling Basin Authority notified is available.(3) The operator must, whenever a spill of water from Hume Reservoir occurs, withdraw an amount of water from the River Murray Increased Flows Account that is equal to the lesser of the following—(a) the amount of water in the Murray River Increased Flows Account that is determined and notified by the Murray-Darling Basin Authority as being subject to the spill, in accordance with Part V of Schedule F of the Murray-Darling Basin Agreement,(b) NSW’s share of the water spilt from Hume Reservoir(4) The operator must carry over any water remaining in the River Murray Increased Flows Account from one water year to the next water year.(5) The operator must release River Murray Increased Flows Account water stored in Hume Reservoir in accordance with orders made by the NSW Environmental Water Manager, the Environmental Flow Reuse Procedures and the Piggybacking Procedures made under clause 71, and any other procedures established by the Minister with the concurrence of the Minister for the Environment.(6) The operator must not, under subclause (5), release more water than the amount in the River Murray Increased Flows Account at that point in time.(7) The operator must debit the River Murray Increased Flows Account with the amount of water released under subclause (5).Note—The provisions relating to the crediting, withdrawal and carryover of water in the River Murray Increased Flows Account give effect to the Snowy Water Inquiry Outcomes Implementation Deed.cl 63: Subst 2022 (872), Sch 1[24].
Division 2 Environmental water rules in the Lower Darling Water Source
pt 10, div 2: Ins 2022 (872), Sch 1[24].
64 Lower Darling Environmental Water Allowance
(1) The operator must maintain a Lower Darling Environmental Water Allowance (the Lower Darling Allowance) in the Lower Darling Water Source.(2) The Lower Darling Allowance must be maintained so that the volume of water in the Allowance at any time is as follows—(a) zero when the volume stored in Menindee Lakes is below 480,000 ML,(b) zero when the volume stored in Menindee Lakes has not risen above 640,000 ML since the volume stored last fell below 480,000 ML,(c) 30,000 ML minus any release from the Lower Darling Allowance during any water year that results in a loss of total water volume available to NSW under the accounting rules applying to interstate water sharing in the Murray and Lower Darling Rivers, whenever subclauses (a) and (b) do not apply.Notes—1Water released from the Lower Darling Allowance may be subsequently re-regulated in the Murray River below the Darling River junction and again become available to NSW.2Paragraph (c) above means that if, at the end of the water year, there is less than 30,000 ML in the Lower Darling Allowance, then at the start of the following water year the Allowance is to be credited with an amount that will bring the total in the Allowance back to 30,000 ML.(3) Releases from the Lower Darling Allowance may be made for the management of water quality in the Lower Darling Water Source, including for, but not limited to, the following—(a) the reduction of salinity levels,(b) the management of dissolved oxygen levels,(c) the mitigation of blue-green algae impacts.(4) The operator must make releases from the Lower Darling Allowance at the request of the Minister.(5) Releases made under this clause must not exceed—(a) 2,000 ML per day from May to October, and(b) 5,000 ML per day from November to April.cl 64: Subst 2022 (872), Sch 1[24].
Division 3 Consultation
pt 10, div 3: Ins 2022 (872), Sch 1[24].
65 Consultation
The NSW Environmental Water Manager may consult with any government agency or the Murray Lower Darling Environmental Water Advisory Group (EWAG), and consider any relevant advice before taking action under this Part.Note—At the commencement of this Plan, the Minister has conferred the lead role in managing environmental water allowances established under water sharing plans to the NSW Department of Planning and Environment – Office of Environment and Heritage (OEH). OEH also administers and supports EWAGs to inform the management of environmental water allowances and licensed environmental water. For more information on EWAGs, see Cooperative management of environmental water to improve river and wetland health in NSW (2014), available from OEH’s website at www.environment.nsw.gov.au.cl 65: Subst 2022 (872), Sch 1[24].
Division 4 General system operation rules
pt 10, div 4: Ins 2022 (872), Sch 1[24].
66 Maintenance of water supply
(1) In this clause, the period of lowest accumulated inflows to the water sources is identified by flow information held by the Department prior to 1 July 2004.(2) The operator must operate the water supply system in such a way that water would be able to be supplied during a repeat of the period of lowest accumulated inflows to the water sources, to meet the following—(a) the annual water requirements of persons exercising domestic and stock rights and native title rights,(b) available water determinations for domestic and stock access licences and local water utility access licence of 100% of share components,(c) available water determinations in the Murray Water Source for subcategories of regulated river (high security) access licences of 100% of share components,(d) available water determinations in the Murray Water Source for regulated river (high security) access licences with share components expressed in unit shares of 0.97 ML per unit share,(e) available water determinations in the Lower Darling Water Source for regulated river (high security) access licences of 1 ML per unit share.Note—Water supply system is defined in the Dictionary.(3) By 30 June 2026, the Minister is to undertake a review of this clause that considers the following—(a) options for redefining the period of lowest accumulated inflows to the water source,(b) whether different periods should apply to different categories of access licences,(c) the impact of any options for change on planned environmental water and each category of access licence, and(d) the views of stakeholders and the broader community.(4) On the basis of the review referred to in subclause (3), the Minister may make such amendments to this clause as are reasonably necessary to not jeopardise the critical needs of basic landholder rights, domestic and stock access licence holders and local water utility access licence holders.(5) Any amendments made under subclause (4) cannot substantially alter the long-term average annual amount of water able to be extracted under water access licences.Notes—1If satisfied that it is in the public interest to do so, the Minister may amend this clause under s.45 (1) (a) of the Act to such an extent that it substantially alters the long-term average annual amount of water able to be extracted under water access licences. If this occurs, compensation may be payable under Chapter 3 Part 2 Division 9 of the Act.2Section 10.28 of the Basin Plan requires that a water resource plan must ensure there is no net reduction in the protection of planned environmental water from the protection provided under State water management law immediately before the commencement of the Basin Plan.cl 66: Subst 2022 (872), Sch 1[24].
67 Water delivery and channel capacity constraints
(1) In managing the water supply system, the operator must consider, determine and specify the operating channel capacities throughout the water sources after taking into account, in accordance with procedures established by the Minister, the following—(a) the inundation of private land or interference with access,(b) the effects of inundation on the floodplain and associated wetlands,(c) the transmission losses expected to occur,(d) the capacities of structures in the water supply system.Notes—1Transmission losses is defined in the Dictionary.2The channel capacities listed in Note 3 are physical constraints necessary to mitigate the risk of flooding. The rules in this clause relate to the delivery of water through the area of operation of this Plan.3As at the date of commencement of this Plan, the following capacities have been assessed—(a) Hume Dam and Lake Mulwala, 25,000 ML/day,(b) Tocumwal Choke, 10,600 ML/day,(c) Barmah Choke, 8,500 ML/day,(d) Edward River / Kolety offtake, 1,600 ML/day,(e) Gulpa Creek, 350 ML/day,(f) Pooncarie, 20,000 ML/day.(2) The operator may refuse a water order for the delivery of water to a water supply work that is subject to a tagged trade, in accordance with the Inter-Valley Trade Procedures established by the Minister.Note—Tagged trade is defined in the Dictionary.cl 67: Subst 2022 (872), Sch 1[24].
68 Priority of delivery for access licences and EWA water
(1) If supply capability is insufficient due to channel capacity in any segment of the water sources to satisfy all water orders, basic landholder rights and the delivery of EWA water, the following rules of priority apply—(a) the operator is to give first priority to the requirements for water to satisfy basic landholder rights,(b) once the requirements in (a) have been met, the operator is to supply water to domestic and stock access licences and local water utility access licences that have placed orders for water, in that order,(c) once the requirements in (b) have been met, unless otherwise directed by the Minister, any remaining supply capability is to be shared between the following—(i) regulated river (high security) access licences that have placed an order for water,(ii) regulated river (conveyance) access licences that have placed an order for water,(iii) regulated river (general security) access licences that have placed an order for water,(iv) (EWA water deliveries that have been ordered.(2) The sharing of water under subclause (1) (c) must be undertaken by the operator in accordance with any procedures established by the Minister and agreed by the Minister for the Environment.(3) The Minister is to consult with water user representatives and relevant government agencies, as the Minister considers appropriate, before determining the procedures in subclause (2).(4) For the purposes of this clause EWA water consists of the Barmah-Millewa Allowance, the Barmah-Millewa Overdraw, the Murray Additional Allowance and the Lower Darling Allowance.Notes—1Supply capability is defined in the Dictionary.2This clause may be amended if individual daily extraction components are imposed.3This clause does not apply to supplementary water access licences as water is not delivered to these licences.cl 68: Subst 2022 (872), Sch 1[24].
69 Dam operation during floods and spills
The operation of all water storages in the water sources during times of flood and spilling of water from these water storages must be undertaken in accordance with the Murray-Darling Basin Agreement.cl 69: Subst 2022 (872), Sch 1[24].
70 Airspace operation rules
Airspace operation of all water storages in the water sources must be in accordance with the Murray-Darling Basin Agreement.Note—Airspace is defined in the Dictionary.cl 70: Subst 2022 (872), Sch 1[24].
71 Environmental flow reuse and piggybacking operation rules
(1) The Minister may make a Pre-requisite Policy Measures (PPM) Procedures Manual for the water sources which sets out Environmental Flow Reuse Procedures and Piggybacking Procedures for the purposes of implementing the NSW Prerequisite Policy Measures Implementation Plan (NSW Department of Primary Industries – Water, May 2017).(2) The following may order water under the Environmental Flow Reuse Procedures or the Piggybacking Procedures—(a) the Commonwealth Environmental Water Holder,(b) holders of licensed environmental water under section 8 of the Act,(c) the holders of other access licences under which water is to be used only for environmental purposes, as determined by the Minister,(d) the NSW Environmental Water Manager in relation to orders for the release of River Murray Increased Flows Account water under clause 63.(3) A water order made under the Piggybacking Procedures may request that water be delivered from a particular water storage in the water sources.(4) The operator is to deliver the water for each order made under subclause (2) in accordance with the Environmental Flow Reuse Procedures and the Piggybacking Procedures.(5) The operator is to operate the water supply system in accordance with the Environmental Flow Reuse Procedures and the Piggybacking Procedures.cl 71: Subst 2022 (872), Sch 1[24].
72 Lower Darling River Flow Restart Allowance
(1) Whenever the total volume stored in Menindee Lakes falls to below 480,000 ML, the operator is to maintain a River Flow Restart Allowance in the Lower Darling Water Source (the restart allowance) as set out in this clause to manage the re-commencement of flows in the Lower Darling Water Source following a period of no flow.(2) The operator is to keep an account of the water credited to and debited from the restart allowance established under subclause (1).(3) The operator is to credit the restart allowance with the first 60,000 ML of inflow to the Menindee Lakes that occurs after the Darling River at Weir 32 (425 012) has ceased to flow for 10 consecutive days, subject to subclause (4).(4) The maximum amount of water that may be held in the restart allowance at any point in time is 60,000 ML.(5) The operator is to make releases from the restart allowance at the request of the Minister.(6) The operator is to debit the following from the restart allowance—(a) the water released under subclause (5),(b) any amount as instructed by the Minister,(c) all water in the restart allowance, when the volume stored in Menindee Lakes first rises above 640,000 ML since the volume stored last fell below 480,000 ML.(7) Water remaining in the restart allowance at the end of the water year is to be carried over to the next water year.(8) The water released under subclause (5) may be used to satisfy water orders in the Lower Darling Water Source to the extent determined by the Minister.cl 72: Subst 2022 (872), Sch 1[24].
73 Inter-valley trade rules
The Minister may establish Inter-Valley Trade Procedures which set out the operational rules for managing the water supply system to facilitate access licence dealings between the water sources and other water sources under Part 9.cl 73: Ins 2022 (872), Sch 1[24].
Part 11 Mandatory conditions
Note—
Mandatory conditions relating to metering equipment and recording of information are imposed by the Water Management (General) Regulation 2018. Clauses in this Plan that provide for mandatory conditions to be imposed in relation to metering apply only until the commencement of the metering and reporting mandatory conditions that are prescribed in Part 10 and Part 11 of the Water Management (General) Regulation 2018.
pt 11: Subst 2022 (872), Sch 1[25].
pt 11, note: Subst 2022 (872), Sch 1[25].
Division 1 General
pt 11, div 1: Subst 2022 (872), Sch 1[25].
74 Requirement to notify
In this Part, a requirement to notify the Minister in writing will only be satisfied by writing to the email address for enquiries on the Department’s website.Note—At the commencement of this Plan, the email address for enquiries on the Department’s website is water.enquiries@dpie.nsw.gov.au.cl 74: Ins 2022 (872), Sch 1[25].
Division 2 Access licences
Note—
This Division is made in accordance with sections 17 (c), 20 and 66 of the Act.
pt 11, div 2: Subst 2022 (872), Sch 1[25].
75 Mandatory conditions on access licences
(1) Each access licence must have mandatory conditions to give effect to the following—(a) upon becoming aware of a breach of any condition of the access licence, the licence holder must—(i) notify the Minister as soon as practicable, and(ii) if the notification under paragraph (i) is not in writing, confirm the notification in writing within seven days of becoming aware of the breach,(b) any other condition required to implement the provisions of this Plan.(2) Each access licence, other than a supplementary water access licence, must have a mandatory condition that the licence holder must not take water unless it has been ordered in accordance with procedures established by the Minister, except where water is being taken under clause 45.(3) Each regulated river (general security) access licence must have a mandatory condition that the licence holder may only take water from uncontrolled flows in accordance with an order made by the Minister under clause 45.(4) Each supplementary water access licence must have a mandatory condition that gives effect to Division 2 of Part 8.(5) Each access licence, other than a supplementary water access licence, that at the commencement of the Water Sharing Plan for the New South Wales Murray and Lower Darling Regulated Rivers Water Sources 2003 nominated a water supply work in the Murray Water Source upstream of the Barmah Choke, must have a mandatory condition that permits water being taken from the Murray Water Source upstream of the Barmah Choke only.(6) The mandatory conditions of an access licence must give effect to subclauses 65 (2) and (3) of the Water Sharing Plan for the New South Wales Murray and Lower Darling Regulated Rivers Water Source 2016 (recording and reporting requirements), as in force on 1 July 2016.(7) Subclause (6) is taken to be repealed on the day on which the temporary exemption from the mandatory metering equipment condition ceases to apply to the water sources in accordance with clause 230 (1) of the Water Management (General) Regulation 2018.Note—Under clause 230 of the Water Management (General) Regulation 2018, the temporary exemption expiries, and the mandatory metering equipment condition applies to new works required to have a meter from 1 April 2019, and to other access licences and approvals in the water source from 1 December 2022.cl 75: Ins 2022 (872), Sch 1[25].
Division 3 Water supply work approvals
Note—
This Division is made in accordance with sections 17 (c) and 100 of the Act.
pt 11, div 3: Subst 2022 (872), Sch 1[25].
76 General conditions
(1) Each water supply work approval must have mandatory conditions to give effect to—(a) the clauses set out in this Division, and(b) any other condition required to implement the provisions of this Plan.(2) Upon becoming aware of a breach of any condition of the approval, the approval holder must—(a) notify the Minister as soon as practicable, and(b) if the notification under subclause (a) was not in writing, confirm the notification in writing within seven days of becoming aware of the breach.(3) The mandatory conditions of a water supply work approval must give effect to subclause 66 (1) (b), 66 (2) and 66 (3) of the Water Sharing Plan for the New South Wales Murray and Lower Darling Regulated Rivers Water Sources 2016, as in force on 1 July 2016.(4) The taking of water may only occur in accordance with the conditions applying to the access licence that will have its water allocation account debited for that take.(5) Subclause (3) and (4) do not apply to approvals for water supply works held by Water NSW provided the approval is not nominated by an access licence.(6) Water supply work approvals held by Water NSW must have mandatory conditions to give effect to the provisions in Part 10.(7) Subclause (3) is taken to be repealed on the day on which the temporary exemption from the mandatory metering equipment condition ceases to apply to the water sources in accordance with clause 230 (1) of the Water Management (General) Regulation 2018.cl 76: Ins 2022 (872), Sch 1[25].
Part 12 Amendment of this Plan
Notes—
1
This Part sets out the amendments authorised by this Plan.
2
For the purposes of section 87 of the Act, the initial period for the water sources expired on the commencement of this Plan.
3
The Department intends to consult with relevant stakeholders before making any material amendments to this Plan in accordance with this Part.
pt 12: Subst 2022 (872), Sch 1[26].
pt 12, notes: Ins 2022 (872), Sch 1[26].
77 General
(1) For the purposes of section 45 (1) (b) of the Act, this Part sets out when this Plan may be amended and any such amendment is taken to be authorised by this Plan.cl 77: Ins 2022 (872), Sch 1[26].
78 Amendments relating to Part 1
Part 1 may be amended to add, modify or remove a river or segment of river to or from the water sources providing that—(a) any amendment is consistent with any applicable regulated river order, and(b) the Minister is satisfied that there will be no impact on the water available to the environment under Division 1 and 2 of Part 10, or available to any access licence in the water sources.cl 78: Ins 2022 (872), Sch 1[26].
79 Amendments relating to Part 2
Part 2 may be amended following a review of the monitoring, evaluation and reporting plan that has been developed for water sources in the New South Wales Murray and Lower Darling surface water resource plan area, which considers the need for alternate performance indicators for the environmental, economic, Aboriginal cultural, and social and cultural objectives of this Plan.cl 79: Ins 2022 (872), Sch 1[26].
80 Amendments relating to environmental flow reuse and piggybacking operation
This Plan may be amended to include alternate—(a) debiting rules for those access licences that order water under the Environmental Flow Reuse Procedures or the Piggybacking Procedures established under clause 71,(b) environmental flow reuse and piggybacking operation rules in clause 71.cl 80: Ins 2022 (872), Sch 1[26].
81 Amendment of Plan relating to floodplain harvesting
This Plan may be amended to include provisions for the management of floodplain harvesting.Note—Floodplain harvesting is defined in the Dictionary.cl 81: Ins 2022 (872), Sch 1[26].
82 Amendments relating to access licence individual daily extraction components
This Plan may be amended to include provisions to establish and manage individual daily extraction components.cl 82: Ins 2022 (872), Sch 1[26].
83 Amendments relating to SDLAM projects
This Plan may be amended to provide for the implementation of any NSW sustainable diversion limit adjustment mechanism projects in the water sources under the Basin Plan.cl 83: Ins 2022 (872), Sch 1[26].
84 Dictionary
The Dictionary may be amended to add, modify or remove a definition.cl 84: Ins 2022 (872), Sch 1[26].
85 Other amendments (general)
(1) This Plan may be amended to include provisions for the following—(a) the interception of water before it reaches a stream or aquifer by plantations or other means,(b) the management of salt interception schemes,(c) water return flows, as referred to in Division 5 of Part 2 of Chapter 3 of the Act,(d) the conversion of regulated river (high security) access licences with share components that specify the water sources to access licences with share components that specify connected upstream unregulated water sources.(2) Division 3 of Part 6 may be amended to combine the long-term average sustainable diversion limit for the Murray Water Source with the long-term average sustainable diversion limit for the Murray Unregulated River Water Sources.(3) Division 3 of Part 6 may be amended to combine the long-term average sustainable diversion limit for the Lower Darling Water Source with the long-term average sustainable diversion limit for the Lower Murray-Darling Unregulated Water Source.(4) This Plan may be amended to facilitate total extractions reaching the long-term average annual extraction limit or long-term average sustainable diversion limit, subject to—(a) an assessment of compliance with the limits made under Part 6 verifying that total extractions are less than those limits over the long term,(b) a review and report on the reasons for total extractions being less than the limits over the long term, including recommendations for potential changes to this Plan to increase extractions to the limits and assessment of the impacts of the recommendations on future water allocations to all categories of water access licences, and(c) there being no net reduction in the protection of planned environmental water established under clause 16 of this Plan.Note—Section 10.28 of the Basin Plan requires that a water resource plan must ensure there is no net reduction in the protection of planned environmental water from the protection provided under State water management law immediately before the commencement of the Basin Plan.(5) This Plan may be amended to give effect to, or in connection with, a determination of native title under the Native Title Act 1993 of the Commonwealth.(6) This Plan may be amended to enable all or part of this Plan to be accredited as all or part of a water resource plan under the Water Act 2007 of the Commonwealth.(7) This Plan may be amended to do any of the following for the protection of water-dependent Aboriginal cultural assets—(a) identify water-dependent Aboriginal cultural assets,(b) establish rules for the granting and amending of water supply work approvals,(c) establish dealing rules.(8) This Plan may be amended to do the following, subject to the granting of a licence under section 63A or 63B of the Act that is to be used to account for the water credited to NSW under Part V of Schedule F of the Murray-Darling Basin Agreement—(a) remove the provisions in clause 63,(b) include new provisions for the management of the granted licence.(9) An amendment authorised by this Plan is taken to include any consequential amendments to this Plan required to give effect to that particular amendment.(10) Consequential amendments may be made to this Plan as a result of an amendment to the Act or regulations.cl 85: Ins 2022 (872), Sch 1[26].
Dictionary
Aboriginal person has the same meaning as it has in section 4 of the Aboriginal Land Rights Act 1983.
airspace is a volume in a water storage which is kept empty for the purpose of mitigating potential floods.
annual actual take has the same meaning as it has in section 6.10 of the Basin Plan.
annual permitted take has the same meaning as it has in section 6.10 of the Basin Plan.
Barmah-Millewa operating rules means the document entitled New South Wales and Victorian Operating Rules for the Barmah-Millewa Forest Environmental Watering Allocation (BMF EWA) 2021 as approved by the NSW Government and Victorian Government, or any replacement of that document.
baseline diversion limit has the same meaning as it has in section 1.07 of the Basin Plan.
Basin Plan means the Basin Plan 2012 made under section 44 (3) (b) (i) of the Water Act 2007 of the Commonwealth.
EWA means an environmental water allowance referred to in Part 10, as relevant
floodplain harvesting means the collection, extraction or impoundment of water flowing across floodplains, including rainfall runoff and overbank flow, excluding the take of water pursuant to any of the following—
(a) a water access licence other than a floodplain harvesting access licence,
(b) a basic landholder right,
(c) an exemption from the need to hold a licence to take water under the Act.
flow regimes mean, collectively, the magnitudes, durations, frequencies and patterns of flows that characterise a river or water source.
Lower Darling surface water SDL resource unit has the same meaning as provided for in section 6.02 of the Basin Plan.
Minister means the Minister administering the Act.
ML means megalitres.
Murray-Darling Basin Agreement means the Murray-Darling Basin Agreement in Schedule 1 of the Water Act 2007 of the Commonwealth (as in force from time to time, unless the context otherwise provides).
Murray-Darling Basin Authority has the same meaning as the ‘Authority’ has in the Water Act 2007 of the Commonwealth.
Murrumbidgee Regulated River Water Source is as defined in the Water Sharing Plan for the Murrumbidgee Regulated River Water Source 2016.
natural flow means a flow that occurs in a watershed or waterbody under natural unregulated conditions.
New South Wales Murray surface water SDL resource unit has the same meaning as provided for in section 6.02 of the Basin Plan.
NSW Environmental Water Manager means the NSW Government department or agency whose responsibility it is to manage licensed environmental water that is held by the NSW Government.
Note—
At the commencement of this Plan, this is the NSW Department of Planning and Environment – Office of Environment and Heritage (OEH).
operator means the operator of the water supply system for the water sources.
Note—
At the commencement of this Plan, this is the Murray-Darling Basin Authority, except when, for the Lower Darling Regulated River Water Source, the operation of Menindee Lakes comes into the control of NSW in accordance with the Murray-Darling Basin Agreement.
plantation forestry means a commercial plantation as defined in section 1.07 of the Basin Plan.
SDL adjustment amount has the same meaning as it has in section 1.07 of the Basin Plan
has the same meaning as it has in section 1.07 of the Basin Plan.
Snowy Mountains Hydroelectric Scheme means the works, activities and other things declared to be existing Scheme development under the Snowy Hydro Corporatisation Act 1997.
supplementary water event means a period during which the taking of water under supplementary water access licences is permitted in all or part of the water sources.
supply capability means the rate at which the Minister determines water can be supplied to a segment of the water sources without incurring unacceptable transmission losses.
target ecological populations means communities of one or more species that are monitored to evaluate the success of targeted objectives for the environment. Populations must be easily monitored (i.e. not rare or cryptic) and may be linked to conservation or other environmental priorities.
tagged trade means a dealing under section 71W (1) (b) or (c) of the Act.
transmission losses means the additional water required to ensure that a specified quantity of water is delivered to a specified delivery point.
uncontrolled flows are flows not able to be captured in an operator managed water storage that are in excess of that needed to meet the following—
(a) the environmental water rules in Divisions 1 and 2 of Part 10 that are relevant to the respective water source,
(b) the requirements for basic landholder rights in the respective water source,
(c) access licence water orders in the respective water source.
water storage means a state owned dam, weir or other structure that is used to regulate and manage river flows in the water sources and the water body impounded by this structure.
water supply system means the water storages and all other infrastructure that can influence water supply controlled by the Minister, including regulators and weirs.
water use development means all privately owned water management structures, and all aspects of farm, industry, town and private household development that affect the volumes of water taken from the water sources, and the management practices that are applied in relation to them.
weighted average unit price means the total value of all units sold divided by the number of units sold for a monetary value.
Dictionary: Subst 2022 (872), Sch 1[27].
Appendix 1 Overview map of the Murray Water Source and Lower Darling Water Source
Overview Map of the Murray Water Source and the Lower Darling Water Source
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Appendix 1: Am 2000 No 92, Sch 12, Part 5 (ins 2018 No 31, Sch 1 [89]). Rep 2022 (872), Sch 1[28].
Appendix 1 (previously Appendix 2): Renumbered 2022 (872), Sch 1[29].
Appendix 3: Rep 2022 (872), Sch 1[30].
Appendix 4: Rep 2022 (872), Sch 1[31].
Appendices 2–4 (Repealed)