Part 1 Introduction
1 Name of plan
This Plan is the Water Sharing Plan for the Murrumbidgee Regulated River Water Source 2003 (hereafter this Plan).
2 Nature and status of this Plan
(1) This Plan is made under section 50 of the Water Management Act 2000 as amended (hereafter the Act).(2) This Plan covers the core provisions of section 20 of the Act for water sharing, and additional provisions of section 21 of the Act, and other relevant matters.
3 Date of commencement
This Plan takes effect on 1 July 2004.Note—1In accordance with section 43 of the Act, this Plan will have effect for 10 years from 1 July 2004.2The 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.cl 3: Am 20.6.2003; 19.12.2003; 2012 (491), Sch 1 [1] [2].
4 Water source and waters to which this Plan applies
(1) This Plan applies to the Murrumbidgee Regulated River Water Source (hereafter this water source) within the Murrumbidgee Water Management Area and the Murray Water Management Area.Note—The Murrumbidgee Water Management Area and Murray Water Management Area were constituted by Ministerial order made under section 11 of the Water Management Act 2000 published in the NSW Government Gazette No 180 on 23 November 2001 at page 9389.(2) This water source is shown on the Plan Map called Plan Map (WSP0027_Version 1), Water Sharing Plan for the Murrumbidgee Regulated River Water Source 2003 (hereafter the Plan Map) held by the Department.Note—An overview of the Plan Map is shown in Appendix 1. Copies of the Plan Map may be inspected at the office listed in Appendix 2.(3) Subject to subclause (4), this water source includes all water:(a) between the banks of all rivers from the upper limit of Burrinjuck Dam water storage and Blowering Dam water storage downstream to the junction of the Murrumbidgee River and the Murray River, which at the date of commencement of this Plan, have been declared by the Minister to be regulated rivers,Note—A 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.Note—The rivers declared by the Minister to be regulated rivers in the Murrumbidgee Regulated River Water Source are listed in Appendix 3.(b) occurring naturally on the surface of the ground or in rivers, lakes and wetlands in the area marked as Lowbidgee shown on the Plan Map.(4) This water source does not include water contained in:(a) any alluvial sediments, fractured rocks or porous rocks,(b) Talpee Creek,(c) Lake Tala, and(d) Five Mile Lagoon.cl 4: Am 1.7.2004. Subst 2012 (491), Sch 1 [3].
5 Interpretation
(1) Terms that are defined in the Act have the same meaning in this Plan and the effect of these terms may be explained in Notes.(2) Additional terms to those identified in subclause (1) are defined in Schedule 1.(3) Notes in this Plan do not form part of this Plan.(4) Schedules to this Plan form part of this Plan.(5) Appendices to this Plan do not form part of this Plan.(6) A reference to a supplementary water access licence in this Plan does not include a supplementary water “Lowbidgee” access licence.cl 5: Am 2013 (611), Sch 1 [1].
6 Effect on licences, authorities and permits under the Water Act 1912
(1) This Plan applies from the date of commencement to those matters that are being administered under the Act, at that time.(2) This Plan applies to other matters from the date the relevant provisions of the Act are commenced.Note—To the extent possible, the rules embodied in this Plan will apply to matters administered under the Water Act 1912 in the interim.
7 State Water Management Outcomes Plan
(1) This Plan is consistent with the State Water Management Outcomes Plan (hereafter SWMOP) in accordance with section 16 (1) (a) of the Act.(2) Schedule 2 identifies the SWMOP targets applicable to this Plan and how this Plan contributes to those targets.Note—The SWMOP applying at the commencement of this Plan is that gazetted on 20 December 2002 under section 6 of the Act.
Part 2 Vision, objectives, strategies and performance indicators
8 Vision, objectives, strategies and performance indicators
This Part is made in accordance with section 35 (1) of the Act.
9 Vision
The vision for this Plan is to provide for equitable sharing of limited water resources to sustain a healthy and productive river and the welfare and well being of Murrumbidgee regional communities.
10 Objectives
The objectives of this Plan are to:(a) protect and restore in-river and riparian habitats and ecological processes,(b) provide for appropriate watering regimes for wetlands,(c) sustain and enhance population numbers and diversity of indigenous species,(d) protect basic landholder rights, as specified in the Water Management Act 2000, including native title rights,(e) maximise early season general security allocations,(f) protect town water supply,(g) protect end-of-system flows,(h) provide for commercial consumptive use,(i) provide for identified recreational water needs,(j) protect identified indigenous and traditional uses of water, and(k) within the ability of this Plan promote the recovery of known threatened species.
11 Strategies
The strategies for reaching the objectives set out in clause 10 are to:(a) establish environmental water provisions (Part 3 of this Plan),(b) identify water requirements for basic landholder rights (Part 4 of this Plan),(c) identify water requirements for access licences (Part 6 of this Plan),(d) establish rules for granting of access licences (Part 7 of this Plan),(e) establish provisions that place limits on the availability of water (Part 8 of this Plan),(f) establish rules for making available water determinations (Part 8 of this Plan),(g) establish rules for the operation of water allocation accounts (Part 9 of this Plan),(h) establish provisions specifying circumstances under which water may be extracted (Part 9 of this Plan), and(i) establish access licence dealing rules (Part 10 of this Plan).
12 Performance indicators
The following indicators are to be used to determine the performance of this Plan against its objectives:(a) change in low flows,(b) change in moderate to high flows,(c) change in water quality in this water source,(d) change in ecological condition of this water source and dependent ecosystems,(e) change in economic benefits derived from water extraction and use,(f) extent to which basic landholder rights requirements have been met,(g) extent to which local water utility requirements have been met,(h) extent to which native title rights have been met, and(i) extent of recognition of spiritual, social and customary values of water to Aboriginal people.Note—Appendix 4 details the objectives to which these performance indicators relate and the methods for assessing indicators.
Part 3 Environmental water provisions
13 Environmental water provisions
This Part is made in accordance with sections 5 (3), 8 (1), 8 (2) and 20 (1) (a) of the Act.
14 Planned environmental water
(1) This Plan establishes the following planned environmental water rules:(a) water volume in excess of the long-term average annual extraction limits in clauses 32 and 32A of this Plan may not be taken from this water source and used for any purpose, and(b) access to water is to be managed as specified in clauses 34 and 34A of this Plan to ensure water volume in excess of the long-term extraction limit is not being taken.Note—Based on modelled diversions it is estimated that this Plan will:(a) after its 5th year, limit Murrumbidgee extractions to around 1,890,000 megalitres per year, on average over the long term, andBy doing this, this Plan will ensure that approximately 50% of the long-term average annual flow in this water source (estimated to be 4,360,000 megalitres per year) will be preserved and contribute to the maintenance of basic ecosystem health.(b) limit Lowbidgee extractions to around 296,000 megalitres per year, on average over the long term.(2) Until 1 July 2008 a minimum daily flow of 200 megalitres per day shall be maintained in the Murrumbidgee River at Balranald, when the sum of available water determinations to regulated river (general security) access licences plus water allocations carried over in water allocation accounts, is less than 80% of share components, which cannot be used to meet access licence water requirements or basic landholder rights requirements below Balranald.(3) Until 1 July 2008 a minimum daily flow of 300 megalitres per day shall be maintained in the Murrumbidgee River at Balranald, when the sum of available water determinations to regulated river (general security) access licences plus water allocations carried over in water allocation accounts, is equal to or greater than 80% of share components, which cannot be used to meet access licence water requirements or basic landholder rights requirements below Balranald.(4) From 1 July 2008 a minimum daily flow shall be maintained in the Murrumbidgee River at Balranald, throughout the water year, which cannot be used to meet access licence water requirements or basic landholder rights requirements below Balranald and is calculated using the following formula:%20AND%20(No%3D1038)%20AND%20(Year%3D2002)%20AND%20(%22Historical%20Document%22%3D0))/g3.gif)
where the 95th percentile natural daily flow is the computer model generated natural, that is pre-regulation, daily flows for each month, over the entire modelled period, that is exceeded in 95% of days in that month, as calculated using the hydrologic computer model that, at the time, is approved by the Minister for determining natural flows in this water source.cl 14: Am 1.7.2004; 2012 (491), Sch 1 [4]–[6].
15 Planned environmental water
(1) This clause establishes the planned environmental water rules for this Plan.(2) Transparent releases shall be made from Blowering Dam water storage in accordance with the following rules:(a) when natural inflows are less than 560 megalitres per day then the release from Blowering Dam must be greater than or equal to natural inflows plus any water use (other than basic landholder rights use) expected to occur between the dam and the confluence with the Murrumbidgee River, and(b) when natural inflows are greater than 560 megalitres per day then the minimum release from Blowering Dam is to be 560 megalitres per day plus the volume of water use (other than basic landholder rights use) expected to occur between the dam and the confluence with the Murrumbidgee River.(3) A transparent release volume for Burrinjuck Dam water storage shall be calculated each day and shall be the lesser of:(a) the volume of inflows to the storage over the previous 24 hour period, and(b) 615 megalitres.(4) On each day between 22 April and 21 October, when Burrinjuck Dam water storage inflows are greater than 615 megalitres per day, the catchment condition for the Burrinjuck Dam catchment will be assessed by:(a) comparing the average flow in the Goodradigbee River at Wee Jasper over the preceding 24 hour period with the flows listed for the corresponding date in the table in Schedule 3,(b) when the Goodradigbee flow is less than or equal to the flow listed in column 2 of the table in Schedule 3 the catchment condition shall be deemed to be dry,(c) when the Goodradigbee flow is greater than the flow listed in column 2 of the table in Schedule 3 but less than the flow listed in column 3 of the table in Schedule 3 the catchment condition shall be deemed to be normal, and(d) when the Goodradigbee flow is equal to or greater than the flow listed in column 3 of the table in Schedule 3 the catchment condition shall be deemed to be wet.(5) On each day between 22 April and 21 October a Burrinjuck Dam translucent release volume shall be calculated by multiplying the calculated Burrinjuck Dam water storage inflow over the previous 24 hours and the appropriate percentage from the table in Schedule 4, using the catchment condition classification determined in subclause (4), and at all other times the translucent release volume shall be zero.(6) Unless operational constraints prevent all or part of this release being made, the release during the succeeding 24 hours from Burrinjuck Dam shall be made according to the following:(a) if the volume calculated under subclause (3) and subclause (5) is less than 300 megalitres, the release shall be 300 megalitres,(b) if the volume calculated under subclause (3) is greater than or equal to the volume calculated under subclause (5), the release shall be made according to the following:(i) if the volume calculated under subclause (3) is greater than 300 megalitres but less than or equal to 450 megalitres, the release shall be that volume, and(ii) if the volume calculated under subclause (3) is greater than 450 megalitres but less than or equal to 615 megalitres, the release shall be 450 megalitres,(c) if the volume calculated under subclause (5) is greater than the volume calculated under subclause (3), the release shall be made according to the following:(i) if the volume calculated under subclause (5) is less than 1,000 megalitres, the release shall be the volume calculated under subclause (5) less 315 megalitres per day, and(ii) if the volume calculated under subclause (5) is greater than 1,000 megalitres and less than 10,000 megalitres, the release shall be the volume calculated under subclause (5) less the sum of:(1) where the daily release balance (hereafter the DRB) volume (as per subclause (23)) is greater than zero, the lesser of 10% of the volume calculated under subclause (5) or the DRB volume, and(2) 315 megalitres per day, and(iii) if the volume calculated under subclause (5) is greater than, or equal to 10,000 megalitres, the release shall be the volume calculated under subclause (5),(d) the daily release shall be equal to the inflow to the storage over the previous 24 hours or 300 megalitres (whichever is the greater), plus the volume of any water use (other than basic landholder rights use) expected to occur between Burrinjuck Dam and the Tumut River confluence, up to a maximum of 615 megalitres, if either of the following conditions are met:(i) if the release made over each of the previous 10 days has been 450 megalitres, and the release otherwise calculated under subclause (6) would again be 450 megalitres, or(ii) a release was made under subclause (6) (d) (i) over the previous 24 hour period but not the 24 hour period preceding it, and(e) where the volume necessary to supply access licence requirements and other requirements identified in this Plan exceeds the release volume calculated under subclauses (a) to (d), it shall be taken as the release.(7) If some or all of the volume determined in subclause (6) cannot be released in the succeeding 24 hours due to system operation constraints, then the shortfall shall be added to the minimum release requirement (up to the limit of system operational constraints) for the succeeding day(s) until released.(8) An environmental water allowance (hereafter EWA1) shall be established and managed according to the following:(a) the EWA1 shall be credited when the sum of available water determinations for regulated river (general security) access licences during the water year and the water carried over in regulated river (general security) access licence water allocation accounts from the previous water year is equivalent to or greater than 0.6 megalitres multiplied by the total number of unit shares specified in regulated river (general security) access license share components,(b) the volume credited to the EWA1 shall be the volume of water in excess of that required to meet the trigger specified in subclause (8) (a), up to a maximum of 50,000 megalitres in any water year, subject to subclause (8) (d) (iv),(c) releases of EWA1 cannot be used by access licences or to meet water requirements in another water source that result from an assignment of water allocations from an access licence water allocation account,(d) up to 50,000 megalitres may be made available for use as additional EWA1 in the current water year, subject to the following:(i) the additional volume shall be made available from the second provisional storage volume established under clause 62 (3), and shall not exceed the water available in the second provisional storage volume,(ii) a need for releases under subclause (11) has occurred,(iii) there is no water remaining in the EWA1, the second environmental water allowance established under subclause (9) and the third environmental water allowance established under subclause (10), and(iv) the volume credited to EWA1 in the following year shall be reduced by the additional volume made available from the second provisional storage volume under subclause (8),(e) any EWA1 remaining at the end of each water year may be carried over to the next water year, up to a maximum of 50,000 megalitres,(f) during any flow event where water is spilled from Blowering Dam or Burrinjuck Dam, EWA1 carried over from the previous water year will be reduced in proportion to the volume of water spilled, up to a limit of 50% of the volume of EWA1 carried over from the previous water year, and(g) at the commencement of this plan a volume equivalent to the water remaining in the environmental contingency allowance immediately prior to the commencement of this Plan, shall exist in the EWA1.(9) A second environmental water allowance (hereafter EWA2) shall be established and managed according to the following:(a) whenever a transparent release from Burrinjuck Dam is made under subclause (6) (b), the EWA2 shall be credited with a volume equal to the lesser of:(i) the inflow to the storage over the previous 24 hours, orminus 300 megalitres,(ii) 615 megalitres,(b) each day that translucent releases from Burrinjuck Dam are made under subclause (6) (c), a volume of 315 megalitres shall be credited to the EWA2,(c) releases of EWA2 cannot be used by access licence holders or to meet water requirements in another water source that result from a transfer of access licence account water,(d) any water remaining in the EWA2 at the end of each water year that was not carried forward from the previous water year may be carried over to the following water year without limit, and(e) water remaining in the EWA2 at the end of each water year that was carried over from the previous water year may not be carried over again to the following water year.(10) A third environmental water allowance (hereafter EWA3) shall be established and managed according to the following:(a) the EWA3 shall have a maximum limit each water year, which shall be the total of:(i) the cumulative total of the difference between the translucent release volume from subclause (6) (c) and the translucent release volume calculated using Schedule 5, prior to 1 November in that water year, and(ii) the cumulative total of the difference between the translucent release volume from subclause (6) (c) and the translucent release volume calculated using Schedule 5 for the period 22 April to 30 June of the previous water year,Note—This is the difference between the translucent releases in Schedule 4 and Schedule 5, which is known as foregone translucent release.(b) the EWA3 shall be credited when the sum of available water determinations made for regulated river (general security) access licences plus water carried over in regulated river (general security) access licence water allocation accounts from the previous water year are equivalent to or greater than 0.8 megalitres multiplied by the total number of unit shares specified in regulated river (general security) access licence share components, and(c) the volume credited to the EWA3 shall be the volume of water in excess of the trigger specified in subclause 10 (b), subject to:(i) the maximum limit of the EWA3 at the time when available resources are assessed, between 1 July and 31 October,(ii) between 1 November and 31 December, the EWA3 shall be credited with 50% of the water determined using the trigger specified in subclause (10) (b),(iii) the other 50% of the water determined using the trigger specified in subclause (10) (b) but not credited to the EWA3 shall be credited to the second provisional storage volume established under clause 62 (3),(iv) the EWA3 shall not be credited from 1 January to 30 June of the current water year,(v) releases of the EWA3 cannot be used by access licence holders or to meet water requirements in another water source that result from a transfer of access licence account water,(vi) on 1 November, 50% of the EWA3 at that time, shall be transferred to the second provisional storage volume established under clause 62 (3), and(vii) on 1 January all remaining EWA3 shall be transferred to the second provisional storage volume established under clause 62 (3).(11) Release of the EWA1, EWA2 and EWA3 are to be made to provide environmentally beneficial outcomes for water bird breeding, wetland inundation, fish passage and breeding and water quality,(12) Release of the EWA1, EWA2 and EWA3 shall endeavour to provide maximum environmental benefit and be made to the maximum extent possible,(13) Release of the EWA1, EWA2 and EWA3 shall be made in the following order:(a) the EWA3 first,(b) then the EWA2 that has been carried over from the previous water year,(c) then the remaining EWA2,(d) then the EWA1 that has been carried over from the previous water year,(e) then the EWA1, and(f) then the EWA1 made available from the second provisional storage volume.(14) Before the commencement of each water year, detailed release rules for the EWA1, EWA2 and EWA3 should be developed which address the ecological objectives specified in subclauses (11) and (12),(15) An Environmental Water Allowance Reference Group should be established by the Minister under section 388 of the Act for the purpose of providing advice on the release rules developed under subclause (14).Note—The Environmental Water Allowance Reference Group should be established prior to the commencement of this Plan(16) In providing advice in accordance with subclause (15) the Environmental Water Allowance Reference Group should have regard to:(a) the objectives of this Plan,(b) the principles of adaptive management, and(c) the ecological objectives specified in subclauses (11) and (12).(17) If advice cannot be provided by the Environmental Water Allowance Reference Group under subclause (15) releases from the environmental water account shall be approved by the Minister, in accordance with the ecological objectives specified in subclauses (11) and (12) and the release rule specified in subclause (13).(18) The Environmental Water Allowance Reference Group established under subclause (15) should consist of 9 members each with a nominated alternate member representing:(a) Nature Conservation Council or its subsequent organisation,(b) Murrumbidgee Field Naturalists or its subsequent organisation,(c) Murrumbidgee Customer Service Committee (upper river) or its subsequent organisation,(d) Murrumbidgee Customer Service Committee (mid river) or its subsequent organisation,(e) Lowbidgee League or its subsequent organisation,(f) New South Wales Fisheries, or its subsequent organisation,(g) New South Wales National Parks and Wildlife Service, or its subsequent organisation,(h) State Water or its subsequent organisation, and(i) the Department of Infrastructure Planning and Natural Resources or its subsequent organisation.(19) Members of the Environmental Water Allowance Reference Group should be appointed for a period of 5 years.(20) Members of the Environmental Water Allowance Reference Group should elect the Chair.(21) A quorum of the Environmental Water Allowance Reference Group should be two community representatives and two representatives of Government Agencies.(22) The Environmental Water Allowance Reference Group should report and communicate on its activities in accordance with procedures established by the Minister.(23) A DRB volume shall be calculated according to the following:(a) whenever a dam release made over a 24 hour period under subclause (6) (b) is greater than 300 megalitres, the DRB volume shall be increased by the release less 300 megalitres,(b) whenever releases are made under subclause (6) (c) (ii) the DRB volume shall be reduced by 10% of the volume calculated under subclause (5) for the previous 24 hours, until the DRB volume is calculated to be zero, and(c) the DRB volume shall be calculated continuously from each water year to the next.Note—The DRB is calculated to maintain a continuous record of the net difference between the minimum translucent dam releases made under this Plan and water credited to environmental water allowances under this Plan.(24) Pursuant to section 45 (1) (b) of the Act and clause 72 of this Plan, the Minister may amend the planned environmental water rules under clause 15 to the extent specified in clause 72.cl 15: Am 1.7.2004.
16 Adaptive environmental water
(1) At any time an access licence holder may, by a process determined by the Minister, commit all or part of their licence as adaptive environmental water.(2) The Minister may grant an access licence in a water source to which this Plan applies if the licence is subject to an adaptive environmental water condition and arises through water savings in the system made in that water source as referred to in section 8C (1) of the Act.(2A) The Minister may change the category or subcategory of an access licence in a water source to which this Plan applies if the licence is subject to an adaptive environmental water condition that arises through water savings as referred to in section 8D of the Act.(3) At the commencement of this Plan there are no access licences committed to an environmental purpose in accordance with section 8 (1) (c) of the Act.cl 16: Am 2000 No 92, Sch 12, Part 1 (ins 2005 No 118, Sch 1 [58]).
Part 4 Basic landholder rights
17 Basic landholder rights
This Part is made in accordance with sections 5 (3) and 20 (1) (b) of the Act.
18 Domestic and stock rights
Note—It is not recommended that the water from this water source be consumed without prior treatment. Land use activities may have polluted the water in some areas.(1) At the commencement of this Plan the water requirements of holders of domestic and stock rights are estimated to be 4,560 megalitres per year.(2) This Plan recognises that the exercise of domestic and stock rights may increase during the term of this Plan.Note—Increase in use of domestic and stock rights may occur as a result of an increase in the number of landholdings fronting this water source or as a result of an increase in the exercise of domestic and stock rights by existing landholders.Note—At the commencement of Part 2 of Chapter 3 of the Act in the area marked as Lowbidgee on the Plan Map, the water requirements of holders of domestic and stock rights in the area marked as Lowbidgee on the Plan Map are estimated to total 34 megalitres per year.(3) The water supply system shall be managed so that it would be capable of maintaining supply to those exercising domestic and stock rights through a repeat of the worst period of low inflows into this water source (based on historical flow information held by the Department when this Plan commenced).(4) To achieve subclause (3) sufficient volumes of water must be set aside from assured inflows into this water source or in reserves held in Burrinjuck Dam water storage, Blowering Dam water storage or other water storage.Note—The Minister may issue an Order under section 323 or 328 of the Act to restrict the exercise of domestic and stock rights from this water source to protect the environment, for reasons of public health, or to preserve basic landholder rights.cl 18: Am 2012 (491), Sch 1 [7]; 2014 No 48, Sch 2.7 [1].
18A Harvestable rights
The requirement for water under harvestable rights in this water source is equal to the total amount of water that owners or occupiers of landholdings are entitled to capture and store pursuant to a harvestable rights order made under Division 2 of Part 1 of Chapter 3 of the Act.cl 18A: Ins 2012 (491), Sch 1 [8].
19 Native title rights
Note—It is not recommended that the water from this water source be consumed without prior treatment. Land use activities may have polluted the water in some areas.(1) At the commencement of this Plan there are no holders of native title rights and therefore the water requirements for native title rights are estimated to be a total of 0 megalitres per year.(2) This Plan recognises that the exercise of native title rights may increase during the term of this Plan.Note—Increase in use of native title rights may occur as a result of the granting of native title rights under the Commonwealth’s Native Titles Act 1993.(3) The water supply system shall be managed so that it would be capable of maintaining supply to those exercising native title rights through a repeat of the worst period of low inflows to this water source represented in flow information held by the Department of Land and Water Conservation.(4) To achieve subclause (3) sufficient volumes of water must be set aside from assured inflows into this water source or in reserves held in Burrinjuck Dam water storage, Blowering Dam storage or other water storage.
Part 5 Bulk access regime
20 Bulk access regime
(1) This Part is made in accordance with section 20 (1) (d) of the Act.(2) This Plan establishes a bulk access regime for the extraction of water under access licences in this water source having regard to:(a) the environmental water provisions established under Part 3 of this Plan,(b) the requirements for basic landholder rights identified under Part 4 of this Plan, and(c) the requirements for water for extraction under access licences identified under Part 6 of this Plan.(3) The bulk access regime established under subclause (2):(a) establishes rules according to which access licences are granted as provided for in Part 7 of this Plan,(b) recognises and is consistent with the limits to the availability of water as provided for in Part 8 of this Plan,(c) establishes rules according to which available water determinations are to be made as provided for in Part 8 of this Plan,(d) recognises the effect of climatic variability on the availability of water as provided for in Part 8 of this Plan,(e) establishes rules with respect to the priorities according to which access licences are to be adjusted as a consequence of any reduction of the availability of water as provided for in Part 8 of this Plan, and(f) establishes rules according to which access licences are managed as provide for in Part 9 of this Plan.
Part 6 Requirements for water under access licences
21 Requirements for water under access licences
This Part is made in accordance with section 20 (1) (c) of the Act.Note—The following clauses in this Part represent the total volumes or unit shares specified in the share components of access licences in this water source. The actual volume of water available at any time will depend on climate, access licence priority and the rules in this Plan.cl 21: Am 1.7.2004.
22 Share component for domestic and stock access licences
It is estimated that at the time of commencement of Part 2 of Chapter 3 of the Act, the volume of domestic and stock access licences authorised to extract water from this water source will total approximately 35,572 megalitres per year.
23 Share component for local water utility access licences
It is estimated that at the time of commencement of Part 2 of Chapter 3 of the Act, the volume of local water utility access licences authorised to extract water from this water source will total approximately 23,403 megalitres per year.
24 Share component for regulated river (high security) access licences
It is estimated that at the time of commencement of Part 2 of Chapter 3 of the Act, the volume of regulated river (high security) access licences authorised to extract water from this water source will total approximately 298,021 unit shares.cll 24–28: Subst 1.7.2004.
25 Share component for regulated river (general security) access licences
It is estimated that at the time of commencement of Part 2 of Chapter 3 of the Act, the volume of regulated river (general security) access licences authorised to extract water from this water source will total approximately 2,043,432 unit shares.cll 24–28: Subst 1.7.2004.
26 Share component for Murrumbidgee Irrigation (conveyance) access licence
At the time of commencement of Part 2 of Chapter 3 of the Act, the share component of the Murrumbidgee Irrigation (conveyance) access licence will be 243,000 unit shares.Note—This licence volume and the associated available water determinations in clause 40 reflects the increase in conveyance losses that Murrumbidgee Irrigation experience as regulated river (general security) access licence allocations increase.cll 24–28: Subst 1.7.2004.
27 Share component for Coleambally Irrigation (conveyance) access licence
At the time of commencement of Part 2 of Chapter 3 of the Act, the share component of the Coleambally Irrigation (conveyance) access licence will be 130,000 unit shares.Note—This licence volume and the associated available water determinations in clause 41 reflects the increase in conveyance losses that Coleambally Irrigation Corporation Limited experience as regulated river (general security) access licence allocations increase.cll 24–28: Subst 1.7.2004.
28 Share component for supplementary water access licences
It is estimated that at the time of commencement of Part 2 of Chapter 3 of the Act, the volume of supplementary water access licences authorised to extract water from this water source will total approximately 220,000 unit shares.cll 24–28: Subst 1.7.2004.
28A Share component for supplementary water (Lowbidgee) access licences
It is estimated that at the time of commencement of Part 2 of Chapter 3 of the Act in the area marked as Lowbidgee on the Plan Map, the volume of supplementary water (Lowbidgee) access licences authorised to extract water from this water source will total approximately 747,000 unit shares.cl 28A: Ins 2012 (491), Sch 1 [9].
29 Changes to total share component
This Plan recognises that total requirements for extraction under access licences in each access licence category may change during the term of this Plan as a result of:(a) the granting, surrender, cancellation or non renewal of access licences, or(b) variations to local water utility access licences arising from section 66 of the Act.
Part 7 Rules for granting access licences
30 Rules for granting access licences
(1) This Part is made in accordance with section 20 (2) (b) and 63 of the Act, having regard to the limits to water availability in this water source and the need to protect its ecological health.(2) Access licences may be granted in this water source subject to any embargo on the making of applications for access licences made under Chapter 3 Part 2 Division 7 of the Act.(3) The Minister should declare and embargo on the making of applications for access licences in this water source, other than for access licences of the following kinds:(a) local water utility access licences,Note—Pursuant to sections 66 (3) and 66 (4) of the Act, the Minister may also vary a local water utility’s share component at 5 year intervals, or on application of the local water utility where there is rapid growth in population.(b) domestic and stock (domestic only) access licences,(c) regulated river (high security) (Aboriginal cultural) access licences, subject to the sum of regulated river (high security) (Aboriginal cultural) access licence share components not exceeding 2,150 megalitres per year,(d) specific purpose access licences for which applications are provided for under the regulations in accordance with section 61 (1) (a) of the Act, or(e) an access licence which will receive water allocations that reflect the volume of water saved as a result of works or other actions taken under the Snowy Water Inquiry Outcomes Implementation Deed.(4) In applying for a new access licence, the applicant must establish the purpose and circumstance relating to that access licence, and that the share or extraction component sought will be the minimum required to meet that purpose and circumstance.(5) Subclause (4) does not apply to an application for a new access licence arising from:(a) section 61 (1) (c), of the Act, where the right has been acquired by auction, tender or other open market process, or(b) an access licence dealing.cl 30: Am 1.7.2004.
Part 8 Limits to the availability of water
Division 1 Long-term average annual extraction limit
pt 8, div 1, hdg: Am 2012 (491), Sch 1 [10].
31 Limits to the availability of water
(1) This Division is made in accordance with sections 20 (2) (a) of the Act.(2) For the purposes of this Part, all extractions under:(a) supplementary water (Lowbidgee) access licences,(b) basic landholder rights in the area marked as Lowbidgee on the Plan Map, andwill be known as Lowbidgee extractions.(c) floodplain harvesting access licences issued for floodplain harvesting activities in the area marked as Lowbidgee on the Plan Map,(3) For the purposes of this Part, all extractions from this water source, excluding Lowbidgee extractions, will be known as Murrumbidgee extractions.cl 31: Subst 2012 (491), Sch 1 [11].
32 Volume of the long-term average annual extraction limit for Murrumbidgee extractions
(1) This Plan establishes a long-term average annual extraction limit for Murrumbidgee extractions in this water source, which is the lesser of:(a) the long-term average annual extractions from this water source, excluding Lowbidgee extractions, that would occur with the water storages, access licence share components and water use development that existed in 1999/2000, and the water management rules defined in this Plan, or(b) the long-term average annual extractions, excluding Lowbidgee extractions, from this water source that would occur under the baseline conditions used for assessment of Cap under Schedule F of the Murray-Darling Basin Agreement.Note—An assessment of the long-term average annual extractions that would result under the conditions specified under subclause (1) (a) has been made using the Murrumbidgee Integrated Quantity Quality Model scenario run number ‘50 EWA1 plus TT’. This indicates that at the commencement of this Plan a long-term average annual extraction volume of 1,925,000 megalitres would result.Note—An assessment of the long-term average annual extractions that would result under the baseline conditions in subclause (1) (b) has been made using the Murrumbidgee Integrated Quantity Quality Model Cap scenario run number ‘721capm4’. This indicates a long-term average annual extraction volume of 1,980,000 megalitres would result.Note—The 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.(2) The values referred to in subclauses (1) (a) and (1) (b) shall be adjusted for any access licence dealing under section 71R or 71U of the Act.(3) If an access licence is cancelled as part of an arrangement to provide additional water to the Snowy River under the Snowy Water Inquiry Outcomes Implementation Deed the values referred to in subclauses (1) (a) and (1) (b) shall be reduced by a volume which appropriately reflects the licence share of water made available in this water source.(4) For the purposes of establishing the long-term average annual extraction limit specified in subclause (1) and auditing compliance with it, the following will be included:(a) all water extractions by all categories of access licences in accordance with the rules used for accounting of Cap diversions for Schedule E of the Murray-Darling Basin Agreement,(b) domestic and stock rights and native title rights extractions,(c) floodplain harvesting diversions determined to be taken for use in conjunction with extractions from this water source, andexcluding Lowbidgee extractions.(d) assignment of water allocations from the water allocation accounts of access licences in this water source to the water allocation accounts of access licences in other water sources,(5) For the purposes of establishing the long-term average annual extraction limit specified in subclause (1) and auditing compliance with it, the following will not be included:(a) minimum daily flows made in accordance with clause 64 of this Plan,(b) use of water pursuant to the planned environmental water rules under clauses 14 and 15 of this Plan, and(c) Lowbidgee extractions.(6) For the purposes of establishing the long-term average annual extraction limit specified in subclause (1) and auditing compliance with it, the assessed volume of extractions will be reduced by the volume of water allocations being assigned from the water allocation accounts of access licences in other water sources to the water allocation accounts of access licences in this water source.Note—Under section 8F of the Act the long-term average annual extraction limit is taken to be varied by the amount of any change to the amount of water committed as licensed environmental water. Water committed as licensed environmental water is not to be accounted for as extraction against the long-term average annual extraction limit. The variation in the long-term average annual extraction limit is to be determined in accordance with a methodology approved by the Minister and published in the Gazette.(7) The volume of reduction in relation to subclause (6) shall be that which is representative of:(a) practices as they existed in 1999/2000 in the case of an assessment under clause 33 (2) of the long-term average annual extraction volume resulting from subclause (1) (a),(b) baseline conditions used for assessment of Cap under Schedule F of the Murray Darling Basin Agreement in the case of an assessment under clause 33 (2) of the long-term average annual extraction volume resulting from subclause 1 (b), and(c) current day practices in the case of an assessment under clause 33 (3).cl 32: Am 1.7.2004; 2004 No 91, Sch 2.109 [1]; 2012 (491), Sch 1 [12]–[15].
32A Volume of the long-term average annual extraction limit for Lowbidgee extractions
(1) This clause establishes a long-term average annual extraction limit for Lowbidgee extractions.(2) Subject to any variation under subclause (3), the long-term average annual extraction limit for Lowbidgee extractions in this water source is the long-term average annual extractions, excluding Murrumbidgee extractions, from this water source that would occur under Cap baseline conditions as agreed under the Murray-Darling Basin Agreement in Schedule 1 of the Water Act 2007 (of the Commonwealth).Note—An assessment of the long-term average annual extraction that would result from the Cap baseline conditions specified in subclause (2) has been made using the Murrumbidgee Cap IQQM computer model with system file capppe20.iqq. This indicates a long-term average annual extraction volume of 296,000 ML at the commencement of this Plan.(3) Following the surrender under section 77 of the Act and then the cancellation under section 77A (6) of the Act of an access licence used to supply water to the area marked as Lowbidgee on the Plan Map, the Minister may vary the respective long-term average annual extraction limit.Note—Under section 8F of the Act the long-term average annual extraction limit is taken to be varied by the amount of any change to the amount of water committed as licensed environmental water. Water committed as licensed environmental water is not to be accounted for as extraction. The variation in the long-term average annual extraction limit is to be determined in accordance with a methodology approved by the Minister and published in the Gazette.cl 32A: Ins 2012 (491), Sch 1 [16].
33 Assessment of the long-term average annual extraction limit and current level of long-term average annual Murrumbidgee extractions
(1) Assessment of the long-term average annual extraction limit established in clause 32 and the current level of long-term average annual Murrumbidgee extractions shall be carried out after the end of each water year, using the hydrologic computer model that, at the time, is approved by the Minister for assessing expected long-term Murrumbidgee extractions.(2) To assess the long-term average annual extraction limit established in clause 32, the model referred to in subclause (1) shall be set to represent as closely as possible the development and management conditions referred to in clause 32 (1) (a) and (b).(3) To assess the current level of long-term average annual Murrumbidgee extractions, the model referred to in subclause (1) shall be set to represent as closely as possible all water use development, supply system management and other factors affecting the quantity of long-term average annual Murrumbidgee extractions at the time of assessment.cl 33: Subst 2012 (491), Sch 1 [17].
34 Compliance with the long-term average annual extraction limit for Murrumbidgee extractions
(1) The level of long-term average annual Murrumbidgee extractions may not be permitted to exceed the long-term average annual extraction limit specified in clause 32 (1).(2) Pursuant to subclause (1), if the volume specified in clause 32 (1) (a) is less than the volume specified in clause 32 (1) (b), the maximum available water determination in any water year for supplementary water access licences and, if necessary, the maximum sum of available water determinations for regulated river (general security) access licences shall, be reduced if it has been assessed that the current long-term average annual Murrumbidgee extractions exceed the long-term average annual extraction limit specified in clause 32 (1) by 3%, or half the difference between the volume specified in clause 32 (1) (a) and the volume specified in clause 32 (1) (b).(3) Pursuant to subclause (1), if the volume specified in clause 32 (1) (a) is not less than the volume specified in clause 32 (1) (b), the maximum available water determination in any water year for supplementary water access licences and, if necessary, the maximum sum of available water determinations for regulated river (general security) access licences, shall be reduced if it has been assessed that the current long-term average annual Murrumbidgee extractions exceeds the volume specified in clause 32 (1) (b).(4) The degree of reduction under subclauses (2) or (3) shall be to the degree that is assessed as necessary to return Murrumbidgee extractions to the levels defined by the long-term average annual extraction limit established in clause 32.(5) The first reduction method used under subclause (2) or (3) shall be to reduce the maximum available water determination that may be made for supplementary water access licences for any water year.(6) Once no extractions by supplementary water access licences are allowed as a result of subclause (5) then the maximum sum of available water determinations in any water year that may be made for regulated river (general security) access licences, is to be reduced.Note—Subclauses (5) and (6) do not relate to supplementary water (Lowbidgee) access licences as extraction under these licences is accounted for as Lowbidgee extractions. Compliance with average annual extraction limit for Lowbidgee extractions are dealt with in clauses 34A–34C.(7) If action has been taken under subclause (2) or (3) and a subsequent assessment under clause 33 indicates that the current level of long-term average annual Murrumbidgee extractions is below the long-term average annual extraction limit established in clause 32 by more than 3%, then previous reductions under subclause (2) or (3) may be reversed to the degree that it is assessed necessary to return long-term average annual Murrumbidgee extractions to the long-term average annual extraction limit.(8) Any reversal of previous reductions under subclause (7) shall:(a) be applied to higher priority categories of licence as set out in section 58 of the Act, first, and(b) not exceed the previous reductions made under subclause (2).(9) The assessment of the degree of reduction required under subclause (2) or (3) or degree of reversal under subclause (7) shall be made using the same computer model used to carry out assessments under clause 33.cl 34: Subst 2012 (491), Sch 1 [18].
34A Calculation of the long-term average annual extraction limit and current levels of annual Lowbidgee extractions
(1) After each water year following the water year in which Part 2 of Chapter 3 of the Act commenced in the area marked as Lowbidgee on the Plan Map, the long-term average annual extraction limit as defined in clause 32A may be reassessed to incorporate new information.(2) The total volume of water taken during that water year by Lowbidgee extractions must be calculated.(3) The long-term average annual extraction limit and current levels of long-term average annual extraction will be calculated after each water year following the water year in which Part 2 of Chapter 3 of the Act commenced in the area marked as Lowbidgee on the Plan Map using the hydrologic computer model that, at the time, is approved by the Minister for assessing long-term extraction from this water source.(4) The calculation of the long-term average annual extraction limit, as defined in clause 32A, and current levels of long-term average annual extraction will comprise all Lowbidgee extractions.Note—The reassessment of the long-term average annual extraction limit in subclause (1) assists in meeting the Plan objective of adaptive management of this water source.cll 34A–34C: Ins 2012 (491), Sch 1 [19].
34B Assessment of average annual extraction against the long-term annual extraction limit for Lowbidgee extractions
(1) Assessment of the long-term average annual extraction limit established in clause 32A and the current level of long-term average annual Lowbidgee extraction shall be carried out by the Minister after the end of each water year following the water year in which Part 2 of Chapter 3 of the Act commenced in the area marked as Lowbidgee on the Plan Map, using the hydrologic computer model that, at the time, is approved by the Minister for assessing expected long-term Lowbidgee extractions.(2) To assess the long-term average annual extraction limit established in clause 32A, the model referred to in subclause (1) shall be set to represent as closely as possible the development and management conditions referred to in clause 32A (2).(3) To assess the current level of long-term average annual Lowbidgee extraction, the model referred to in subclause (1) shall be set to represent as closely as possible all water use development, supply system management and other factors affecting the quantity of long-term average annual Lowbidgee extractions at the time of assessment.cll 34A–34C: Ins 2012 (491), Sch 1 [19].
34C Compliance with the long-term average annual extraction limit for Lowbidgee extractions
(1) Compliance with the long-term average annual extraction limit for Lowbidgee extractions established for this water source is to be managed in accordance with this clause.(2) At the commencement of each water year after the water year in which Part 2 of Chapter 3 of the Act commenced in the area marked as Lowbidgee on the Plan Map, if in the Minister’s opinion the assessment under clause 34B demonstrates that current modelled long-term average annual Lowbidgee extractions have exceeded the long-term average annual extraction limit as defined in clause 32A by 3% or more, then the available water determination for supplementary water (Lowbidgee) access licences will be reduced for the following water year in accordance with subclause (3).(3) The reduction under subclause (2) is to be of an amount that, in the Minister’s opinion, is necessary to return long-term average annual Lowbidgee extractions in the water source to the long-term average annual extraction limit established in clause 32A.cll 34A–34C: Ins 2012 (491), Sch 1 [19].
Division 2 Available water determinations
35 Available water determinations
(1) This Division is made in accordance with section 20 (2) (b) of the Act.(2) All available water determinations in this water source shall be expressed as either:(a) a percentage of the share component for all access licences where share components are specified as megalitres per year, or(b) megalitres per unit share for all regulated river (high security) access licences, regulated river (general security) access licences, Murrumbidgee Irrigation (conveyance) access licences, Coleambally Irrigation (conveyance) access licences, supplementary water access licences and supplementary water (Lowbidgee) access licences.(3) In making available water determinations under section 59 of the Act for access licences with share components that specify this water source, the Minister should consider the requirements of this Division.cl 35: Am 1.7.2004; 2011 (340), Sch 1 [1]; 2012 (491), Sch 1 [20].
36 Available water determinations for domestic and stock access licences
(1) The water supply system shall be managed so that available water determinations for domestic and stock access licences of 100% of share components can be maintained through a repeat of the worst period of low inflows into this water source (based on historical flow information held by the Department when this Plan commenced).(2) Sufficient volumes of water must be set aside from assured inflows into this water source and in reserves held in Burrinjuck Dam water storage, Blowering Dam water storage or other water storage to provide for subclause (1).(3) The available water determination for domestic and stock access licences made for the commencement of each water year shall provide an allocation of 100% of share components whenever possible.(4) The sum of available water determinations made for domestic and stock access licences in any water year shall not exceed 100% of share components.(5) This Plan recognises that the water requirement of domestic and stock access licences may increase during the term of this Plan in accordance with clause 30.(6) The volumes of water set aside from assured inflows into this water source and in reserves held in Burrinjuck Dam water storage, Blowering Dam water storage or other water storage shall be adjusted as required over the course of this Plan if necessary to do so, to ensure subclause (1) is satisfied.cl 36: Am 1.7.2004; 2014 No 48, Sch 2.7 [2].
37 Available water determinations for local water utility access licences
(1) The water supply system shall be managed so that available water determinations for local water utility access licences of 100% of share components can be maintained through a repeat of the worst period of low inflows into this water source (based on historical flow information held by the Department when this Plan commenced).(2) Sufficient volumes of water must be set aside from assured inflows into this water source and in reserves held in Burrinjuck Dam water storage, Blowering Dam water storage or other water storage to provide for subclause (1).(3) The available water determination for local water utility access licences made for the commencement of each water year shall provide an allocation of 100% of share components whenever possible.(4) The sum of available water determinations made for local water utility access licences in any water year shall not exceed 100% of share components.(5) This Plan recognises that the water requirement of local water utility access licences may increase during the term of this Plan in accordance with clause 30.(6) The volumes of water set aside from assured inflows into this water source and in reserves held in Burrinjuck Dam water storage, Blowering Dam water storage or other water storage shall be adjusted as required over the course of this Plan if necessary to do so, to ensure subclause (1) is satisfied.cl 37: Am 1.7.2004; 2014 No 48, Sch 2.7 [3].
38 Available water determinations for regulated river (high security) access licences
(1) The water supply system shall be managed so that available water determinations for regulated river (high security) access licences of 0.95 megalitres per unit share can be maintained through a repeat of the worst period of low inflows into this water source (based on historical flow information held by the Department when this Plan commenced).(2) Sufficient volumes of water must be set aside from assured inflows into this water source and in reserves held in Burrinjuck Dam water storage, Blowering Dam water storage or other water storage to provide for subclause (1).(3) The available water determination for regulated river (high security) access licences made for the commencement of each year shall, whenever possible be the greater of:(a) 0.95 megalitres per unit share,(b) 0.01 megalitres per unit share more than the sum of available water determinations for regulated river (general security) access licences when the sum of available water determinations for regulated river (general security) access licences is less than 1 megalitre per unit share, or(c) 1 megalitre per unit share when the sum of available water determinations for regulated river (general security) access licences is 1 megalitre per unit share.(4) If the sum of available water determinations made under subclause (3) is less than 1 megalitre per unit share, then further available water determinations for regulated river (high security) access licences shall be made at least monthly, if water can be provided to them.(5) The available water determinations made under subclause (4) shall provide whenever possible additional water allocations such that the sum of available water determinations for regulated river (high security) access licences for the water year is the greater of:(a) 0.95 megalitres per unit share,(b) 0.01 megalitres per unit share more than the sum of available water determinations for regulated river (general security) access licences when the sum of available water determinations for regulated river (general security) access licences is less than 1 megalitre per unit share, or(c) 1 megalitre per unit share when the sum of available water determinations for regulated river (general security) access licences is 1 megalitre per unit share.(6) The sum of available water determinations made for regulated river (high security) access licences in any water year shall not exceed 1 megalitre per unit share.(7) Available water determinations made for regulated river (high security) access licences must take into account:(a) the environmental water provisions established by this Plan,(b) requirements for domestic and stock and native title rights,(c) requirements for domestic and stock access licences,(d) requirements for local water utility access licences,(e) volumes remaining in water accounts from previous available water determinations,(f) water losses associated with holding and delivery of water to meet the requirements specified in subclauses (a) to (e),(g) an appropriate volume to meet water losses associated with the holding and delivery of water resulting from the available water determination, and(h) any other relevant matters.cl 38: Subst 1.7.2004. Am 2014 No 48, Sch 2.7 [4].
39 Available water determinations for regulated river (general security) access licences
(1) An available water determination is not to be made for regulated river (general security) access licences in any water year until the sum of available water determinations for regulated river (high security) access licences for the water year is equivalent to 0.95 megalitres per unit share.(2) An available water determination for regulated river (general security) access licences shall be made at the commencement of each water year if water can be provided to them.(3) If the available water determination resulting from subclause (2) is less than the percentage specified in subclause (4) then further available water determinations shall be made at least monthly if additional water can be provided.(4) The sum of available water determinations for regulated river (general security) access licences in any water year shall not exceed 1 megalitre per unit share, or such lower amount as results from clause 34 (2), (3) or (4).(5) Available water determinations made for regulated river (general security) access licences must take into account any relevant operational requirements identified in Part 12 of this Plan and:(a) the environmental water provisions established by this Plan,(b) requirements for domestic and stock and native title rights,(c) requirements for domestic and stock access licences,(d) requirements for local water utility access licences,(e) requirements for regulated river (high security) access licences,(f) requirements for Murrumbidgee Irrigation (conveyance) access licences,(g) requirements for Coleambally Irrigation (conveyance) access licences,(h) allocations remaining in water accounts from previous available water determinations,(i) water losses associated with holding and delivery of water to meet the requirements specified in subclauses (a) to (h),(j) an appropriate volume to meet water losses associated with the holding and delivery of water resulting from the available water determination, and(k) any other relevant matters.(6) Whenever the effective available water for regulated river (general security) access licences for that water year is less than or equal to 0.7 megalitres per unit share, available water determinations made for regulated river (general security) access licences shall also indicate that:(a) water may be extracted without debit to regulated river (general security) access licence water allocation accounts whenever access to water by supplementary water access licences is permitted under clause 51,(b) the total amount of water that may be extracted without debit to the water allocation account under subclause (6) (a) in any water year is limited to the equivalent of 0.85 megalitres per unit share minus the effective available water for that year, and(c) if at any time during the water year:(i) the effective available water for regulated river (general security) access licences for that water year is less than 0.85 megalitres per unit share, andthen a volume of water that is equal to the volume of exceedance minus the volume of any previous debits made under this subclause shall be withdrawn from the regulated river (general security) access licence water allocation account, and(ii) the effective available water for regulated river (general security) access licences for that water year and the total volume of extractions taken under subclause (6) (b) exceed 0.85 megalitres per unit share,(d) if at any time during the water year the effective available water for regulated river (general security) access licences for that water year increases to greater than 0.85 megalitres per unit share, then a volume of water equal to the volume that has been taken pursuant to subclause (6) (b) less the volume of any previous debits made under this subclause or subclause (6) (c) shall be withdrawn from the regulated river (general security) access licence water allocation account.(7) The Minister may under section 45 (1) (b) of the Act and by notice published in the Gazette vary the provisions of subclause (6) following an amendment to the maximum carryover percentages specified in clauses 48 (2) (a) and 48 (3), to maintain the frequency of access to water under subclause (6) that existed prior to the variation.cl 39: Subst 1.7.2004. Am 2008 (534), Sch 1 [1].
40 Available water determinations for Murrumbidgee Irrigation (conveyance) access licences
Available water determinations for Murrumbidgee Irrigation (conveyance) access licences shall be made at the commencement of each water year and as required, during the water year, to provide a total volume of water for those access licences that is equal to:(a) 98,000 megalitres, of which 80,000 megalitres is available for delivery prior to the end of February in any water year, and(b) 243,000 megalitres when the sum of available water determinations made for regulated river (general security) access licences in that water year is greater than 0.60 megalitres per unit share, and(c) a further 550 megalitres per 0.01 megalitres per unit share of available water determinations made for regulated river (high security) access licences in that water year, when the sum of available water determinations for regulated river (high security) access licences for the water year is less than or equal to 0.95 megalitres per unit share, and(d) a further 550 megalitres per 0.01 megalitres per unit share of total available water determinations made for regulated river (general security) access licences in that water year when the sum of available water determinations for regulated river (general security) access licences for the water year is less than or equal to 0.2 megalitres per unit share, and(e) a further 1,650 megalitres per 0.01 megalitres per unit share of total available water determinations made for regulated river (general security) access licences in that water year when the sum of available water determinations for regulated river (general security) access licences for the water year is greater than 0.2 megalitres per unit share but less than or equal to 0.5 megalitres per unit share, andprovided that the sum of available water determinations made for Murrumbidgee Irrigation (conveyance) access licences in any water year must not exceed a volume equivalent to 1.0 megalitre per unit share of Murrumbidgee Irrigation (conveyance) access licence.(f) a further 3,200 megalitres per 0.01 megalitres per unit share of total available water determinations made for regulated river (general security) access licences in that water year when the sum of available water determinations for regulated river (general security) access licences for the water year is greater than 0.5 megalitres per unit share but less than or equal to 0.6 megalitres per unit share,Note—The effect of clause 40 is that incremental available water determinations may be made over the course of a water year for Murrumbidgee Irrigation (conveyance) access licences depending on the amount of water available and the available water determinations made for other access licences, subject to a limit that is equal to a volume equivalent to 1.0 megalitre per unit share of Murrumbidgee Irrigation (conveyance) access licence.cl 40: Subst 1.7.2004. Am 2006 (54), Sch [1]. Subst 2011 (340), Sch 1 [2].
41 Available water determinations for Coleambally Irrigation (conveyance) access licences
(1) Available water determinations for Coleambally Irrigation (conveyance) access licence shall be made for the commencement of each water year and as required, during the water year, to provide a total volume of water to licences in this category during the water year that is equal to:(a) 111,600 megalitres when the sum of available water determinations for regulated river (general security) access for the water year is less than or equal to 0.35 megalitres per unit share,(b) 111,600 megalitres plus 760 megalitres for each 0.01 megalitre per unit share of available water determinations made for regulated river (general security) access licences in the water year when the sum of available water determinations for regulated river (general security) access licences for the water year is greater than 0.35 megalitres per unit share but less than 0.4 megalitres per unit share,(c) 115,400 megalitres plus 243.3 megalitres for each 0.01 megalitre per unit share of available water determinations made for regulated river (general security) access licences in the water year when the sum of available water determinations for regulated river (general security) access licences for the water year is greater than 0.4 megalitres per unit share but less than 1 megalitre per unit share, or(d) 130,000 megalitres when the sum of available water determinations for regulated river (general security) access licences for the water year is equal to 1 megalitre per unit share.(2) The Minister may under section 45 (1) (b) of the Act and by notice published in the Gazette vary the provisions of subclause (1) (a), (1) (b) and (1) (c) if the Minister considers it is necessary to do so to reflect the actual losses experienced by Coleambally Irrigation.cl 41: Subst 1.7.2004.
42 Available water determinations for supplementary water access licences
(1) In making available water determinations for supplementary water access licences, the Minister should consider the rules in this clause.(2) At the commencement of each water year, an available water determination of 1 ML per unit of share component or such lower amount that results from clause 34 (2), (3) or (4), should be made for supplementary water access licences with a share component that specifies this water source.Note—Clause 34 provides for available water determinations for supplementary water access licences to be reduced where the long-term average annual extraction limit for Murrumbidgee extractions has been assessed to have been exceeded, as per clause 34.cl 42: Subst 1.7.2004; 2012 (491), Sch 1 [21].
42A Available water determinations for supplementary water (Lowbidgee) access licences
(1) In making available water determinations for supplementary water (Lowbidgee) access licences, the Minister should consider the rules in this clause.(2) At the commencement of each water year, an available water determination of 1 ML per unit of share component or such lower amount that results from clause 34C, should be made for supplementary water (Lowbidgee) access licences with a share component that specifies this water source.Note—Clause 34C provides for available water determinations for supplementary water (Lowbidgee) access licences to be reduced where the long-term average annual extraction limit for Lowbidgee extractions has been assessed to have been exceeded, as per clauses 34A–34C.cl 42A: Ins 2012 (491), Sch 1 [22].
Part 9 Rules for managing access licences and water supply works
pt 9, hdg: Am 2012 (491), Sch 1 [23].
43 Rules for managing access licences and water supply works
This Part is made in accordance with sections 20 (2) (b), 20 (2) (e), 21 (a) and 21 (c) of the Act having regard to:(a) the environmental water rules established in Part 3 of this Plan,(b) requirements for water to satisfy basic landholder rights identified in Part 4 of this Plan, and(c) requirements for water for extraction under access licences in Part 6 of this Plan.cl 43: Am 2012 (491), Sch 1 [24].
Division 1 Water allocation account management
44 Water allocation accounts
In accordance with section 85 of the Act, a water allocation account shall be established for each access licence in this water source.
45 Accrual of water allocations
(1) Water allocations will be accrued into water allocation accounts in accordance with the available water determinations made for the access licence category.(2) The sum of water allocations credited to a regulated river (general security) access licences account from available water determinations in a water year plus the volume of water carried over from the previous year under clause 48 (2) (a) shall not exceed a volume equal to 1 megalitre multiplied by the number of unit shares specified in the share component.cl 45: Am 1.7.2004.
46 Volume taken under access licences
Note—Section 341 of the Act makes it unlawful to take a volume of water under an access licence that exceeds the volume of water allocation which at the time of water extraction is credited to the access licence.(1) The water allocation taken under a domestic and stock access licence, local water utility access licence, regulated river (high security) access licence, regulated river (general security) access licence, Murrumbidgee Irrigation (conveyance) access licence and Coleambally Irrigation (conveyance) access licence will be assessed as:(a) the volume of water extracted by the approved works nominated by the access licence, or(b) the greater of:(i) the volume of water extracted by the approved works nominated by the access licence, orwhere the Minister has applied such a discretionary condition to the access licence.(ii) the volume of water ordered for extraction by the approved works nominated by the access licence,(2) The Minister should only apply a discretionary condition in relation to subclause (1) (b) where this has been provided for in an approved compliance management strategy.Note—It is intended that the discretionary condition referred to above should only be applied where water orders have been exceeding the volume of water being taken under an access licence and this cannot be explained by rainfall or other unavoidable factors.(3) The water allocation taken from the water allocation accounts of supplementary water access licences and supplementary water (Lowbidgee) access licences will be the volume of water extracted in accordance with announcements and access licence conditions by the approved works nominated by the access licences.cl 46: Am 2012 (491), Sch 1 [25].
47 Accounting of assigned water allocations and return flows
(1) Water allocations assigned from a water allocation account under Part 2 Division 4 of the Act will be debited from that water allocation account and water allocations assigned to a water allocation account under Part 2 Division 4 of the Act will be credited to that water allocation account.(2) Water allocations may also be re-credited to access licence water allocation accounts under section 76 of the Act, in accordance with water return flow rules established under section 75 of the Act.
48 Account forfeits/limits/carryover
(1) Water allocations remaining in the water allocation accounts of domestic and stock access licences, local water utility access licences, regulated river (high security) access licences, supplementary water access licences and supplementary water (Lowbidgee) access licences cannot be carried over from one water year to the next.(2) The following rules shall apply to the management of water allocations in the water allocation accounts of regulated river (general security) access licences:(a) the maximum volume of water allocation that may be carried over in the water allocation account from one water year to the next shall be equal to 0.3 megalitres multiplied by the number of unit shares specified in the share component,(b) the maximum volume that may be credited to an account in any water year from available water determinations shall be equivalent to the maximum sum of available water determinations permitted under clause 39 (4) multiplied by the number of unit shares specified in the share component, minus the volume of water that was carried over in the account from the previous water year, and(c) when the sum of available water determinations to regulated river (general security) access licenses is equivalent to or less than 0.7 megalitres per unit share, and access to water by supplementary water access licences is permitted under clause 51 then water extracted by regulated river (general security) access licences will not be debited against their water allocation account in accordance with clause 39 (6).(3) The following rules shall apply to the management of water allocations in the water allocation accounts of Murrumbidgee Irrigation (conveyance) access licences and Coleambally Irrigation (conveyance) access licences:(a) the maximum volume of water allocation that may be carried over in the water allocation account from one water year to the next shall be equal to 0.3 megalitres multiplied by the number of unit shares specified in the share component, and(b) the maximum volume that may be credited to an account in any water year from available water determinations shall be the maximum total volume of available water determination permitted under clause 40, in relation to Murrumbidgee Irrigation (conveyance) access licences and clause 41, in relation to Coleambally Irrigation (conveyance) access licences, minus the volume of water that was carried over in the account from the previous water year.(4) The Minister may, under section 45 (1) (b) of the Act and by notice published in the Gazette, increase the maximum carryover percentage specified in subclause (2) (a) and (3) up to a maximum of 0.5 megalitres per unit share and or apply different maximum carryover figures for regulated river (general security) access licence water accounts based on different zones within this water source, following the completion of a review of the possible impact associated with such changes.(5) The review under subclause (4) should be undertaken within the first three years of this Plan.cl 48: Subst 1.7.2004. Am 2008 (534), Sch 1 [2] [3]; 2012 (491), Sch 1 [26].
Division 2 Extraction conditions
49 General priority of extractions
Where extraction components of an access licence do not specify the rate as a share of supply capacity or a volume per unit of time, then whenever supply capability is insufficient to satisfy all orders for water in any section of this water source at any time then:(a) water will be supplied to domestic and stock access licences, local water utility access licences and regulated river (high security) access licences that have placed orders for water, and(b) then any remaining supply capability will be shared between regulated river (general security) access licences that have placed an order for water, in proportion to the share components specified on the access licence.
50 Numerical specification of extraction components
(1) At any time during the term of this Plan, the Minister may, in accordance with the mandatory conditions on licences, amend the extraction components of access licences in this water source, or in any section of this water source.(2) Action under subclause (1) should be undertaken as follows:(a) the specified rate in the extraction component of each access licence should be a volume per unit of time or a share of supply capability,(b) the specified rate in the extraction component of each domestic and stock, local water utility and regulated river (high security) access licence should be sufficient to satisfy the maximum daily water needs, and(c) after satisfying subclause (2) (b) the remaining supply capability should be distributed among regulated river (general security) access licences in proportion to the share component of each access licence.(3) When action under subclause (1) is undertaken the Minister may also, in accordance with mandatory conditions on access licences, amend the extraction components of access licences in other sections of this water source to re-specify their extraction components to exclude extractions in sections of this water source affected by action under subclause (1).
51 Extraction of water under supplementary water access licences and supplementary water (Lowbidgee) access licences
(1) The taking of water under supplementary water access licences and supplementary water (Lowbidgee) access licences should only be permitted in accordance with announcements made by the Minister.Note—Supplementary water may only be taken in accordance with an order in force under section 70 of the Act that authorises the taking of water pursuant to supplementary water access licences. It is an offence under section 60A of the Water Management Act 2000 for a person to take supplementary water otherwise than in accordance with the terms of an order in force under section 70.(2) The maximum volume that may be taken under supplementary water access licences during each period of time to which an announcement applies may be expressed as a number of megalitres per unit share.Note—At the gazettal of this Plan, this was not the practice for the Murrumbidgee Regulated River Water Source but may need to occur at some stage during the term of this Plan.(3) The taking of water under supplementary water access licences and supplementary water (Lowbidgee) access licences will be managed, as far as possible to evenly share access opportunities amongst all supplementary water access licences and supplementary water (Lowbidgee) access licences permitted to access that event in accordance with the rules in this clause.(4) The taking of water under supplementary water access licences should only be permitted while flows are in excess of those required:(a) under the environmental water provisions specified in Part 3,(b) to supply stock and domestic rights and native title rights requirements,(c) to supply access licences of categories other than supplementary water or supplementary water (Lowbidgee),(d) to provide minimum daily flows as specified in clause 64, and(e) to satisfy requirements in the New South Wales Murray Regulated River Water Source, as specified in subclause (5).(5) When the sum of available water determinations for regulated river (general security) access licences in this water source have exceeded 0.7 megalitres per unit share and the sum of water allocations from available water determinations for regulated river (general security) access licences in the New South Wales Murray Regulated River Water Source (as defined in the Water Sharing Plan for the New South Wales Murray and Lower Darling Regulated Rivers Water Sources 2003) plus water carried over from the previous water year, is less than 0.6 megalitres multiplied by the total number of unit shares specified in share components of regulated river (general security) access licences in the New South Wales Murray Regulated River Water Source then only those flows that cannot be re-regulated in the New South Wales Murray Regulated River Water Source may be made available for extraction by supplementary water access licence holders in this water source.(6) The taking of water under supplementary water (Lowbidgee) access licences should only be permitted while flows are in excess of those required:(a) under the environmental water provisions specified in Part 3,(b) to supply domestic and stock rights and native title rights requirements,(c) to supply access licences of categories other than supplementary water or supplementary water (Lowbidgee), and(d) to provide minimum daily flows as specified in clause 64.(7) The taking of water under supplementary water (Lowbidgee) access licences shall not be permitted where:(a) the sum of water allocations from available water determinations to regulated river (general security) access licences in the New South Wales Murray Regulated River Water Source (as defined in the Water Sharing Plan for the New South Wales Murray and Lower Darling Regulated Rivers Water Sources 2003) plus any water carried over in those water allocation accounts from the previous water year is less than 0.6 megalitres multiplied by the total number of unit shares specified in share components of regulated river (general security) access licences in that water source, and(b) those flows that are in excess of those required under subclause (6) can be re-regulated in the New South Wales Murray Regulated River Water Source and be made available for extraction by regulated river (general water) access licences in that water source.(8) Water taken under supplementary water (Lowbidgee) access licences must be distributed in accordance with any distribution rules established by the Minister under clause 51A.Note—Access rules under this clause may be varied as set out in clause 73.cl 51: Am 1.7.2004. Subst 2012 (491), Sch 1 [27].
51A Distribution rules for the Lowbidgee area
(1) The Minister may establish rules for the distribution of water taken under supplementary water (Lowbidgee) access licences in the area marked as Lowbidgee on the Plan Map.(2) Where the Minister has established rules under subclause (1), the Minister may amend, revoke or replace these rules whenever the Minister determines it is necessary to do so.(3) In developing distribution rules under subclause (1), the Minister is to consider:(a) providing rules for the orderly, efficient and equitable sharing of water,(b) historical rules for water distribution,(c) infrastructure capacity constraints,(d) the protection, restoration and rehabilitation of floodplains and their dependent ecosystems (including groundwater and wetlands), and(e) any other matters the Minister considers relevant.(4) Water supply works that take and distribute water under supplementary water (Lowbidgee) access licences to the area marked as Lowbidgee on the Plan Map shall have mandatory conditions to provide that water must only be taken and distributed through those water supply works in accordance with the distribution rules established under subclause (1).(5) Water must only be taken and distributed through water supply works in the area marked as Lowbidgee on the Plan Map in accordance with the distribution rules established under subclause (1). This subclause only applies to the take and distribution of water under supplementary water (Lowbidgee) access licences.(6) Subclause (5) does not apply to water supply works used solely to take water for basic landholder rights.cl 51A: Ins 2012 (491), Sch 1 [28].
Part 10 Access licence dealing rules
52 Access licence dealing rules
(1) This Part is made in accordance with section 20 (1) (e) of the Act and with the Minister’s access licence dealing principles gazetted on 27 December 2002 under section 71Z of the Act.(2) Applications for access licence dealings may be granted subject to the Minister’s access licence dealing principles gazetted from time to time under section 71Z of the Act and the rules in this Part.Note—There are a number of mechanisms within the Act, called access licence dealings, to change either the ownership of all or part of an access licence, or the location within a water source at which all or part of the share and extraction components of access licences can be exercised. These dealings are governed by the principles in section 5 of the Act, Minister’s access licence dealing principles, and the rules in this Part.Note—Where there is an inconsistency between access licence dealing rules established in this Plan and Minister’s access licence dealing principles gazetted subsequent to the commencement of this Plan, section 71Z of the Act provides for the access licence dealing rules in this Plan to prevail.cl 52, notes: Am 1.7.2004
53 Rules relating to constraints within a water source
(1) This clause relates to dealings under sections 71Q, 71S and 71W of the Act and to dealings in respect of water allocation assignments within this water source under section 71T of the Act.(2) Dealings are prohibited under this clause if any of the access licences or water allocations involved are not within this water source, unless the dealing is permitted under clause 57.(3) A dealing is prohibited that results in a change of location at which share and extraction components of supplementary water access licences can be exercised if the dealing results in a change of location that is not within the same supplementary water access zone, where supplementary water access zones are specified in accordance with procedures established by the Minister.(4) Subclause (3) shall not apply if the works nominated by the supplementary water access licence assigning the rights is within 5 kilometres of a supplementary water access zone boundary and the change of location is across that boundary.(5) (Repealed)(6) Assignment of water allocations from a supplementary water access licence water allocation account to licences in any other category of access licence is prohibited.(7) Assignment of water allocations to a supplementary water access licence water allocation account from a licence in any other category of access licence is prohibited.(8) A dealing is prohibited if the application for assignment of water allocations from a regulated river (high security) access licence water allocation account is received after:(a) 1 September in any water year prior to the 2014–15 water year, or(b) 31 May in the 2014–15 water year or any water year thereafter.(9) A dealing is prohibited if the application for assignment of water allocations from a regulated river (general security) access licence water allocation account is received after 31 May in any water year.(10) Dealings under section 71T of the Act within the same water source are prohibited in these water sources if the dealing would result in an assignment of water allocations from a supplementary water (Lowbidgee) access licence to an access licence of another category.(11) Dealings under section 71T of the Act are prohibited if the dealing would result in an assignment of water allocation to a supplementary water (Lowbidgee) access licence from an access licence of another category.Note—The prohibition in subclauses (10) and (11) on dealings under section 71T of the Act for supplementary water (Lowbidgee) access licences is consistent with the rules for dealings under section 71T for supplementary water access licences. Assignment of water allocations from a supplementary water access licence to a licence of another category are prohibited under clause 17 (2) (f) of the Access Licence Dealing Principles Order 2004.(12) Dealings under section 71W of the Act are prohibited if:(a) the dealing would result in a supplementary water (Lowbidgee) access licence nominating a water supply work that is not used to supply water to the area marked as Lowbidgee on the Plan Map, or(b) the dealing would result in an access licence nominating a water supply work located in the area marked as Lowbidgee on the Plan Map, or(c) the dealing would result in an access licence nominating a regulator located in Maude or Redbank weir pools used to supply water to the area marked as Lowbidgee on the Regulated Map where that licence has arisen as a result of a section 71U dealing.Note—The above dealing rules do not prevent access licences from nominating a regulator located in Maude or Redbank weir pools used to supply water to the area marked as Lowbidgee on the Regulated Map as these regulators are not located within the Lowbidgee area.cl 53: Subst 1.7.2004. Am 2004 No 91, Sch 2.109 [2]; 2008 (534), Sch 1 [4]; 2011 (340), Sch 1 [3]; 2012 (491), Sch 1 [29]; 2013 (657), Sch 1 [1] [2].
53A Rules relating to dealing constraints within the Yanco system
(1) This clause relates to dealings under sections 71Q and 71W of the Act in relation to the Yanco system.(2) In this clause:(a) the Yanco system means any of the following:(i) Billabong Creek from its junction with Colombo Creek to its confluence with the Edward River,(ii) Billabong Creek upstream from its confluence with Colombo Creek to the concrete dam situated between portion 63, Parish of Cocketgedong and portion 24, Parish of Nowranie both in the County of Urana,(iii) Colombo Creek from its offtake from Yanco Creek to its confluence with Billabong Creek,(iv) Cuddell Creek from the intersection point of creek bank and the common boundary between portions 4 and 5, Parish of Cuddell, County of Mitchell, to its confluence with Yanco Creek,(v) Forest Creek from its offtake from Billabong Creek within T.S.R. 30139, Parish of Thulabin, County of Townsend downstream to Warriston Weir,(vi) Nowranie Creek upstream from its confluence with Billabong Creek to the concrete dam situated within portion 27, Parish of Nowranie, County of Urana,(vii) Sheepwash Creek from its confluence with Billabong Creek within portion 49, Parish of Wanganella, County of Townsend, upstream to its intersection with the eastern boundary of said portion, parish and county,(viii) Unnamed lagoon, from its upstream effluence to its downstream confluence with Colombo Creek both located adjacent to Morundah Racecourse all within Reserve 67478, Parish of Waugh, County of Urana,(ix) Unnamed watercourse, from it confluence with Yanco Creek within portion 22, Parish of Moonbria, County of Townsend, to the earth dam located 158 metres upstream within portion 3, Parish of Moonbria, County of Townsend,(x) Unnamed watercourse offtaking from Yanco Creek within portion 159, Parish of Bundure, County of Urana, to its upper limits within portion 58, Parish of Douglas, County of Urana,(xi) Unnamed watercourse from its offtake from an unnamed watercourse within portion 57, Parish of Douglas, County of Urana, and traversing portions 58, 61 and 156, Parish of Douglas, County of Urana,(xii) Unnamed watercourse (artificially improved), from its confluence with Yanco Creek within WR 1630 adjacent to portion 73, Parish of Uroly, County of Boyd, to its confluence with Back Creek within said portion,(xiii) Unnamed watercourse from its offtake from Colombo Creek within Reserve 1631, east of Portion 127, Parish of Bingagong, County of Urana, downstream to its confluence with Yanco Creek within Portion 114, Parish of Bingagong, County of Urana,(xiv) Unnamed watercourse from its junction with Yanco Creek, within Reserve 1630, fronting Portion 128, Parish of Uroly, County of Boyd, to its junction with another unnamed watercourse within Portion 132, Parish of Uroly, County of Boyd, at a point approximately 870 metres east from the 2011 No 340 western boundary and 50 metres south from the northern boundary of the said portion,(xv) Washpen Creek from its confluence with Pine Watercourse and Back Creek within portion 72, Parish of Uroly, County of Boyd to its confluence with Pine Watercourse and Woolshed Creek within the Road Reserve located between portions 163 and 176, Parish of Howell, County of Boyd,(xvi) Woolshed Creek from its confluence with Pine Watercourse and Washpen Creek within Road Reserve between portions 163 and 176, Parish of Howell, County of Boyd, to its confluence with Yanco Creek within WR 1684 adjacent to portion 142, Parish of Howell, County of Urana, and(xvii) Yanco Creek from its offtake from the Murrumbidgee River to its confluence with Billabong Creek,(b) the Yanco dealing limit is equal to the sum of the share components of all access licences, excluding supplementary water access licences, nominating water supply works in the Yanco system as at 1 July 2011, less:(i) the sum of the share components of all access licences, excluding supplementary water access licences, that were acquired by Water for Rivers prior to 1 July 2011 and that nominated a water supply work in the Yanco system on 1 July 2011, and(ii) the sum of the share components of all access licences, excluding supplementary water access licences, that were acquired by Water for Rivers on or after 1 July 2011 and that nominate a water supply work in the Yanco system.(3) A dealing under section 71Q of the Act is prohibited if it involves an assignment of rights from an access licence that nominates a water supply work that is not in the Yanco system to an access licence that nominates a water supply work in the Yanco system and the dealing would cause the sum of the share components of all access licences, excluding supplementary water access licences, that are not held by Water for Rivers and that nominate a water supply work in the Yanco system to be greater than the Yanco dealing limit.(4) A dealing under section 71W of the Act is prohibited if it involves an access licence that nominates a water supply work that is not in the Yanco system being amended to nominate a water supply work in the Yanco system and the dealing would cause the sum of the share components of all access licences, excluding supplementary water access licences, that are not held by Water for Rivers and that nominate a water supply work in the Yanco system to be greater than the Yanco dealing limit.Note—This clause does not prohibit dealings that leave the sum of share components of all access licences in the Yanco system unchanged (i.e. a dealing within the Yanco system), even if that total is greater than the Yanco dealing limit at the time of the dealing.Note—Supplementary water (Lowbidgee) access licences will not affect the dealing rules above as supplementary water (Lowbidgee) access licences are not permitted to nominate works other than those used to supply water to the area marked as Lowbidgee on the Plan Map.cl 53A: Ins 2011 (340), Sch 1 [4]. Am 2012 (491), Sch 1 [30].
54 Rules for change of water source
(1) This clause relates to dealings under section 71R of the Act.Note—Section 71R dealings are the mechanism by which access licences can move from one water source to another. Once the change in water source has been affected, if permitted, the new licence will have to nominate specified works (by a dealing under section 71W of the Act) in the receiving water source before extraction can commence.(2) Access licences in other water sources outside of this water source may be issued following cancellation of access licences in this water source, only if:(a) the access licence dealing rules in the receiving water source permit such a dealing,(b) a conversion factor, established by the Minister and published in an Order made under section 71Z of the Act that protects environmental water, domestic and stock rights, native title rights and the reliability of supply to all other access licences in this water source, has been applied,(c) the water source in which the access licence is issued is one of the following:(i) a water source within the Unregulated Murrumbidgee Below Burrinjuck Dam to Gogeldrie Extraction Management Unit, as defined in the Water Sharing Plan for the Adelong Creek Water Source 2003,(ii) the New South Wales Murray Regulated River Water Source, or(iii) the Lower Darling Regulated River Water Source, and(d) the access licence proposed to be cancelled is not a supplementary water (Lowbidgee) access licence.(3) Access licences in this water source may be issued following cancellation of access licences in other water sources, only if:(a) the access licence dealing rules in the other water source permit such a dealing,(b) a conversion factor, established by the Minister and published in an Order made under section 71Z of the Act that protects environmental water, domestic and stock rights, native title rights and the reliability of supply to all other access licences in this water source, has been applied,(c) the water source in which the access licence is cancelled is one of the following:(i) the New South Wales Murray Regulated River Water Source, or(ii) the Lower Darling Regulated River Water Source, and(d) the access licence proposed to be issued is not a supplementary water (Lowbidgee) access licence.Note—The prohibitions in this clause on dealings under section 71R of the Act for supplementary water (Lowbidgee) access licences are consistent with the rules for dealings under section 71R for supplementary water access licences. Dealings under section 71R are prohibited for supplementary water access licences under clause 15 (2) (e) of the Access Licence Dealing Principles Order 2004.cl 54: Am 2012 (491), Sch 1 [31]–[34].
55 Rules for conversion of access licence category
(1) This clause relates to dealings under section 71O of the Act.(2) Conversion of an access licence of one category to an access licence of another category is prohibited except as provided for, under this clause.(3) On application of the licence holder, the Minister may cancel a regulated river (general security) access licence, and issue a regulated river (high security) access licence, subject to:(a) the application of a conversion factor established by the Minister and published in an Order made under section 71Z of the Act that protects environmental water, domestic and stock rights, native title rights and the reliability of supply to all other access licences in this water source, and(b) the volume of water in the regulated river (general security) access licence water allocation account being equal to the maximum sum of available water determinations permitted under clause 39 (4) multiplied by the number of unit shares specified in the share component.(4) On application of the licence holder, the Minister may cancel a regulated river (high security) access licence, and issue a regulated river (general security) access licence, subject to:(a) the application of a conversion factor equal to one divided by the conversion factor established in subclause (3), and(b) such an application not resulting in an increase of total regulated river (general security) access licence share components above the total regulated river (general security) access licence share components at the commencement of this Plan.Note—This would allow conversion of a regulated river (high security) access licence to a regulated river (general security) access licence only if there had been a corresponding or larger amount of regulated river (general security) access licence share component converted to regulated river (high security) access licence.(5) On application of the licence holder, the Minister may cancel a Murrumbidgee Irrigation (conveyance) access licence or a Coleambally Irrigation (conveyance) access licence, and issue a regulated river (general security) access licence, subject to:(a) the application of a conversion factor established by the Minister and published in an Order made under section 71Z of the Act that protects environmental water, domestic and stock rights, native title rights and the reliability of supply to all other access licences in this water source, and(b) such an application not resulting in an increase of total regulated river (general security) access licence share components above the total regulated river (general security) access licence share components at the commencement of this Plan.(6) On application of the licence holder, the Minister may cancel a Murrumbidgee Irrigation (conveyance) access licence or a Coleambally Irrigation (conveyance) access licence, and issue a regulated river (high security) access licence, subject to:(a) the application of a conversion factor established by the Minister and published in an Order made under section 71Z of the Act that protects environmental water, domestic and stock rights, native title rights and the reliability of supply to all other access licences in this water source, and(b) the volume of water allocation in the relevant Murrumbidgee Irrigation (conveyance) access licence or the Coleambally Irrigation (conveyance) access licence water allocation account being equal to the maximum sum of available water determinations permitted by this Plan multiplied by the number of unit shares specified in the share component.(7) On application of the access licence holder, the Minister may cancel a domestic and stock access licence and issue a domestic and stock (domestic only) access licence and a domestic and stock (stock only) access licence, subject to:(a) the sum of the share component volumes of the two new access licences being equal to the share component volume of the cancelled access licence, and(b) the share component volume of the new domestic and stock (domestic only) access licence being able to meet the needs of domestic consumption as defined in section 52 of the Act.(8) On application of the access licence holder, the Minister may cancel a domestic and stock (stock only) access licence and issue a regulated river (high security) access licence. The number of unit shares in the regulated river (high security) access licence share component shall be equal to the number of megalitres per year in the share component of the cancelled domestic and stock (stock only) access licence.cl 55: Subst 1.7.2004.
56 Rules for interstate access licence transfer
(1) This clause relates to dealings under section 71U of the Act.(2) Access licence equivalents in other States may be transferred into this water source, subject to:(a) the terms of any relevant interstate agreement,(b) the application of a conversion factor established by the Minister and published in an Order made under section 71Z of the Act and any other measures necessary to protect environmental water, domestic and stock rights, native title rights and the reliability of supply to all other access licences in this water source, and(c) the access licence will not nominate a regulator located in Maude or Redbank weir pools, used to supply water to the area marked as Lowbidgee on the Plan Map.(3) Access licences in this water source may be transferred to another State, subject to the following restrictions:(a) the terms of any relevant interstate agreement,(b) the application of a conversion factor established by the Minister and published in an Order made under section 71Z of the Act and any other measures necessary to protect environmental water, domestic and stock rights, native title rights and the reliability of supply to all other access licences in this water source, and(c) the access licence was not a supplementary water (Lowbidgee) access licence.cl 56: Am 2012 (491), Sch 1 [35].
57 Rules for water allocation assignment between water sources
(1) This clause relates to dealings under section 71T of the Act that result in water allocation assignments between water sources.(2) A dealing is prohibited if it would result in a water allocation assignment from an access licence in this water source to an access licence in another water source unless the water source is:(a) the New South Wales Murray Regulated River Water Source, or(b) the Lower Darling Regulated River Water Source, or(c) the Snowy River Water Source.(3) A dealing is prohibited if it would result in a water allocation assignment to an access licence in this water source from an access licence in another water source unless the water source is:(a) the New South Wales Murray Regulated River Water Source, or(b) the Lower Darling Regulated River Water Source.(4) A dealing which would be permitted by subclause (2) (a), (2) (b) or (3) is prohibited if, in the opinion of the Minister the supply of the volume of water allocation to the receiving access licences is not physically possible.(5) A dealing which would be permitted by subclause (2) or (3) is prohibited if, in the opinion of the Minister there is more than minimal likelihood that environmental water, domestic and stock rights, native title rights and the reliability of supply to all access licences in this water source will be effected.(6) A dealing which would be permitted by subclause (2) (a), (2) (b) or (3) is prohibited if the application for assignment of water allocation is received after 31 May in any water year.(7) A dealing under this clause is prohibited if it would result in a water allocation assignment from or to a supplementary water (Lowbidgee) access licence.cl 57: Subst 1.7.2004. Am 2006 No 58, Sch 2.79; 2012 (491), Sch 1 [36]; 2013 (657), Sch 1 [3].
58 Rules for interstate assignment of water allocations
(1) This clause relates to dealings under section 71V of the Act.(2) Water allocation equivalents from other States may be assigned to access licence water accounts in this water source, subject to the following restrictions:(a) the terms of any relevant interstate agreement,(b) the application of a conversion factor established by the Minister and published in an Order made under section 71Z of the Act and any other measures necessary to protect environmental water, domestic and stock rights, native title rights and the reliability of supply to all other access licences in this water source,(c) the access licence to which water allocation is proposed to be assigned does not nominate a regulator located in Maude or Redbank weirs used to supply water to the area marked as Lowbidgee on the Plan Map, and(d) the access licence to which water allocation is proposed to be assigned is not a supplementary water (Lowbidgee) access licence.(3) Water allocations from access licence water accounts in this water source may be assigned to water allocation equivalents in other States, subject to the following restrictions:(a) the terms of any relevant interstate agreement,(b) the application of a conversion factor established by the Minister and published in an Order made under section 71Z of the Act and any other measures necessary to protect environmental water, domestic and stock rights, native title rights and the reliability of supply to all other access licences in this water source,(c) the access licence from which water allocation is proposed to be assigned does not nominate a regulator located in Maude or Redbank weirs used to supply water to the area marked as Lowbidgee on the Plan Map, and(d) the access licence from which water allocation is proposed to be assigned is not a supplementary water (Lowbidgee) access licence.Note—The prohibitions in this clause on dealings under section 71V of the Act for supplementary water (Lowbidgee) access licences are consistent with the rules for dealings under section 71V for supplementary water access licences. Dealings under section 71V are prohibited for supplementary water access licences under clause 19 (3) (d) of the Access Licence Dealing Principles Order 2004.(4) A dealing under subclause (2) or (3) is prohibited if, in the opinion of the Minister:(a) the supply of the volume of water arising from the assignment is not physically possible, and(b) there is more than minimal likelihood that environmental water, domestic and stock rights, native title rights and the reliability of supply to all access licences in this water source will be affected.Note—At the commencement of this Plan for operational reasons allocations may only be assigned from this water source to the Murray system and Lower Darling system if the assignment will not result in the obligation on this water source to supply additional future flows to the Murray increasing to more than 100,000 megalitres.(5) A dealing under subclause (2) or (3) is prohibited if the application for assignment of water allocation is received after 30 April in any water year.cl 58: Am 2012 (491), Sch 1 [37]; 2013 (657), Sch 1 [4].
Part 11 Mandatory conditions
59 Mandatory conditions on access licences
(1) This Part is made in accordance with section 17 (c) and 20 (2) (e) of the Act.Note—The Minister may impose discretionary conditions at any time on an access licence in accordance with section 66 (1) (b) of the Act.(2) All access licences shall have a mandatory condition that only allows the taking of water if the resulting debit to the access licence water allocation account will not exceed the volume of water allocation remaining in the account.(3) All access licences, excluding supplementary water access licences and supplementary water (Lowbidgee) access licences, shall have a mandatory condition that facilitates the provisions of clause 50 of this Plan.(4) All domestic and stock access licences, local water utility access licences, regulated river (high security) access licences, Murrumbidgee Irrigation (conveyance) access licences and Coleambally Irrigation (conveyance) access licences shall have mandatory conditions that only allow the taking of water if it has been ordered in accordance with procedures established by the Minister.(5) All regulated river (general security) access licences shall have mandatory conditions that only allow the taking of water if it has been ordered in accordance with procedures established by the Minister, except as provided pursuant to an available water determination under clause 39 (6).(6) All supplementary water access licences and supplementary water (Lowbidgee) access licences shall have mandatory conditions that only allow the taking of water in accordance with clause 51 and after satisfying any restrictions imposed as part of an order made by the Minister under section 70 of the Act.Note—Supplementary water may only be taken in accordance with an order in force under section 70 of the Act that authorises the taking of water pursuant to supplementary water access licences. It is an offence under section 60A of the Act for a person to take supplementary water otherwise than in accordance with the terms of an order in force under section 70.(6A) All supplementary water (Lowbidgee) access licences shall have mandatory conditions that provide that water can only be taken in accordance with the rules for the distribution of water established by the Minister under clause 51A.(7) All domestic and stock access licences shall have mandatory conditions that only allow the taking of water for the purpose of domestic consumption or stock watering as defined in section 52 of the Act.(8) All local water utility access licences shall have mandatory conditions that only allow the taking of water for the exercise of a water supply function of the local water utility or for other such purpose provided for under the Act.(9) All regulated river (high security) (Aboriginal cultural) access licences shall have mandatory conditions that only allow the taking of water by Aboriginal persons or communities for personal, domestic and communal purposes including the purposes of drinking, food preparation, washing, manufacturing traditional artefacts, watering domestic gardens, cultural teaching, hunting, fishing, and gathering, and for recreational, cultural and ceremonial purposes.(10) All access licences shall have any other mandatory conditions required to implement the provisions of this Plan.cl 59: Am 1.7.2004; 2012 (491), Sch 1 [38] [39].
60 Mandatory conditions on water supply works approvals
(1) All approvals for water supply works in this water source shall have mandatory conditions to give effect to the following:(a) flow measurement devices shall be installed and maintained on all works used for extraction of water under an access licence and shall be of a type and shall be maintained in a manner, which is acceptable to the Minister,(b) water extraction, property water management infrastructure and cropping details shall be provided on request, in the form and in accordance with procedures established by the Minister, and(c) the taking of water may only occur in accordance with the conditions applying to the access licence from whose water allocation account the taking of water will be debited.(2) Subclause (1) does not apply to approvals for water supply works held by State Water provided such an approval is not nominated by an access licence.(3) All approvals for water supply works in this water source shall have any other conditions required to implement the provisions of this Plan.(4) All approvals for water supply works in the area marked as Lowbidgee on the Plan Map must have a mandatory condition that provide that water can only be taken in accordance with the rules for the distribution of water established by the Minister under clause 51A.(5) All approvals for water supply works that take and distribute water under supplementary water (Lowbidgee) access licences to the area marked as Lowbidgee on the Plan Map shall have mandatory conditions to provide that water can only be taken in accordance with the rules for the distribution of water established by the Minister under clause 51A.cl 60: Subst 1.7.2004. Am 2012 (491), Sch 1 [40].
Part 12 System operation rules
61 System operation rules
This Part is made in accordance with section 21 (e) of the Act.
62 Provisional storage volume
(1) A first provisional storage volume (hereafter PSV1) shall be established for the purposes of increasing the size and frequency of spill events and to increase water availability in the following season.(2) Each water year, the PSV1 shall be credited with water as it becomes available according to:(a) when the sum of water allocations from available water determinations for regulated river (general security) access licences plus water allocations carried over in the water allocation accounts of regulated river (general security) access licences from the previous water year are equivalent to or greater than 0.6 megalitres multiplied by the total number of unit shares specified in share components of regulated river (general security) access licences, and provision has been made for the volume determined under clause 15 (8) for the EWA1, the next 25,000 megalitres of water available shall be credited to the PSV1 prior to any further resources being made available to regulated river (general security) access licences, and(b) when the sum water allocations from available water determinations for regulated river (general security) access licences plus water allocations carried over in the water allocation accounts of regulated river (general security) access licences from the previous water year are equivalent to or greater than 0.8 megalitres multiplied by the total number of unit shares specified in share components of regulated river (general security) access licences, and provision has been made for the volume determined under clause 15 (10) to be credited to the EWA3, 8,750 megalitres shall be credited to the PSV1 for every additional 0.01 megalitre per unit share of available water determination made for regulated river (general security) access licences.(3) A second provisional storage volume (hereafter PSV2) shall be established for the purposes of increasing the size and frequency of spill events and to increase water availability in the following season.(4) The PSV2 shall be operated according to the following:(a) when the sum of water allocations from available water determinations for regulated river (general security) access licences plus water allocations carried over in the water allocation accounts of regulated river (general security) access licences from the previous water year are equivalent to or greater than 0.8 megalitres multiplied by the total number of unit shares specified in share components of regulated river (general security) access licences and provision has been made for the volumes of water determined in clause 15 (10) for the EWA3 and subclause (2) for the PSV1, any additional water shall be credited to the PSV2, up to the volume that was forfeited at the end of the previous water year, prior to any further resources being made available to regulated river (general security) access licences,(b) if, by the end of the water year, there remains PSV2 water from the previous water year that cannot be credited under subclause (4) (a), it will be forfeited permanently,(c) on 1 November, 50% of the EWA3 shall be transferred to the PSV2 as per clause 15 (10) (c) (vi),(d) from 1 November, when the sum of water allocations from available water determinations for regulated river (general security) access licences plus water allocations carried over in the water allocation accounts of regulated river (general security) access licences from the previous water year are equivalent to or greater than 0.8 megalitres multiplied by the total number of unit shares specified in share components of regulated river (general security) access licences and provision has been made for the volumes of water determined in clause 15 (10) for the EWA3 and subclause (2) for the PSV1, any additional water shall be credited to the PSV2 prior to any further resources being made available to regulated river (general security) access licences,(e) the PSV2 shall be credited under subclause (d) to a maximum limit which is the sum of water calculated under clause 15 (10) (a) that has not been credited to the EWA3 in that water year and any water calculated under clause 15 (10) (a) that has not been credited to the EWA3 in the preceding water year,(f) on 1 January all remaining water in the EWA3 shall be transferred to the PSV2 as per clause 15 (10) (c) (vii),(g) the PSV2 shall be forfeited at the end of each water year,(h) during any flow event where water is spilled from Burrinjuck Dam water storage or Blowering Dam water storage, the PSV2 will not be reduced, regardless of whether the water was accrued in that water year or carried over from the previous water year, and(i) at the commencement of this Plan the maximum limit for PSV2 shall be equivalent to the PSV2 (or equivalent) balance that exists immediately prior to the commencement of this Plan.Note—This PSV2 has been established to account for water that had been released under previous translucent release rules using Schedule 4, but is no longer released under this Plan using Schedule 5.(5) Pursuant to section 45 (1) (b) of the Act and clause 72 of this Plan, the Minister may amend the provisional storage volume rules under this clause to the extent specified in clause 72.cl 62: Am 1.7.2004.
63 (Repealed)
cl 63: Rep 2011 (340), Sch 1 [5].
64 Minimum flow levels
A minimum daily flow of 50 megalitres per day shall be maintained in Billabong Creek at Darlot throughout the water year.
65 Channel capacity constraints
Where necessary for determining extraction rights, managing water releases or providing water under access licences, the maximum operating channel capacity shall be determined and specified in accordance with procedures established by the Minister, taking into account:(a) 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, and(d) consideration of State Water Management Outcomes Plan targets.Note—Operation of the system at the commencement of this Plan has the following constraints on maximum flows:(a) 9,000 ML/day in the Tumut River at Oddys Bridge(b) 9,300 ML/day in the Tumut River at Tumut(c) 32,000 ML/day in the Murrumbidgee River at Gundagai, and(d) 1,400 ML/day in Yanco Creek at the Offtake.
66 Rates of change to storage releases
Rules regarding rates of change in releases from storages should be specified in accordance with procedures established by the Minister, and shall take into account:(a) relevant environmental considerations,(b) damage to river banks, and(c) public safety.
67 Flood operation rules
The operation of Burrinjuck Dam water storage and Blowering Dam water storing during times of flood and spilling of water should be undertaken to:(a) maintain the safety of dam infrastructure,(b) leave the storage full at completion of the flood event subject to airspace requirements, and(c) ensure, to the extent possible, that the general rate of increase of outflow from the water storage does not exceed the rate of increase of inflow to the water storage.cl 67: Subst 2012 (491), Sch 1 [41].
68 Airspace operation rules
(1) Airspace operation of Burrinjuck Dam water storage shall be undertaken in accordance with the following principles:(a) to assist in mitigating the impact of floods, a volume of airspace may be maintained which is no greater than that which will be refilled by storage inflows prior to a need to release from the storage to supply downstream requirements, andNote—Subclause (a) means the storage can be reduced to a level that is sufficient for it to refill based on the minimum forecast recession inflows.(b) downstream impact must be considered before releases to obtain airspace are made.Note—Channel capacity constraints will be one of the factors considered in relation to subclause (b).(2) Airspace operation of Blowering Dam water storage shall be undertaken in accordance with the provisions of the Blowering Airspace Deed, to which the Water Administration Ministerial Corporation and the Snowy Hydro Limited are party.Note—The Blowering airspace deed requires an airspace volume of up to 190 gigalitres, as advised by Snowy Hydro Limited, for the purpose of emergency power generation. The volume of any releases made specifically to provide the advised airspace, up to the advised airspace limit, will be reserved in Snowy Hydro storages, and is subsequently available to the Department of Land and Water Conservation.
69 (Repealed)
cl 69: Am 1.7.2004. Rep 2012 (491), Sch 1 [42].
Part 13 Monitoring and reporting
70 Monitoring
The monitoring of the performance indicators identified in clause 12 shall be undertaken and reported on in accordance with the requirements specified in sections 43 and 44 of the Act.Note—Review & Audit of this PlanIn accordance with section 43A of the Act, the Natural Resources Commission must undertake a review of this Plan prior to any decision to extend its term or to make a new plan. The review must consider the extent to which the Plan’s water sharing provisions have contributed to achieving or not achieving the State priorities for local land services relevant to natural resource management (as referred to in the Local Land Services Act 2013).When undertaking this review the Natural Resources Commission is required to call for public submissions. The Commission will take into consideration any submission received as well as any other relevant State-wide or regional government policies or agreements that apply to the Local Land Services region.In accordance with section 44 of the Act, this Plan will be audited at intervals of no more than five years, for the purpose of ascertaining whether its provisions are being given effect to. This audit is to be carried out by an audit panel appointed by the Minister in consultation with the water management committee, where on exists.Note—Implementation ProgramIn accordance with section 51 of the Act, the Minister may establish an Implementation Program that sets out the means by which the provisions of this Plan are to be achieved.It is proposed that the Minister establish an Implementation Program for this Plan. Pursuant to section 51 (5) of the Act, the implementation program is to be reviewed annually by the Minister to determine whether it is effective in implementing this Plan.The results of the review of the Implementation Program will be included in the annual report for the Department of Land and Water Conservation.cl 70: Am 1.7.2004; 2013 No 51, Sch 8.1 [1].
Part 14 Amendment of this Plan
71 Changes to this water source
The Minister may, under section 45 (1) (b) of the Act and by notice published in the Gazette, add a river or section of river to this water source or remove a river or section of river from this water source providing that:(a) any river or section of river that is added has been declared to be a regulated river by an Order published in the Gazette, and(b) the Minister is satisfied that there will be no impact on environmental water or on the available water to any access licences in this water source.cl 71: Subst 1.7.2004.
72 Review of environmental water and provisional storage volume rules
(1) The Minister may, under section 45 (1) (b) of the Act and by notice published in the Gazette amend the planned environmental water rules under clause 15 and the provisional storage volume rules under clause 62 following completion of a review of the provisions under clauses 15 and 62 against the objectives of this Plan and those identified in subclause (2).(2) The review under subclause (1) should consider and make recommendations on changes to clauses 15 and 62, which would:(a) simplify their operation,(b) maximise the accrual of water and early season access to environmental water allowances, and minimise forfeiture from environmental water allowances,(c) improve environmental outcomes, in particular by:(i) providing flow patterns which better match natural variability and seasonality in the upper river,(ii) improving the extent and seasonal timing of mid and lower river wetland inundation, and(iii) better matching natural flow variability and seasonality in the end of the system.(3) The review made under subclause (2) should also consider and make recommendations in relation to any changes that should be made if the Mundarlo bridge is replaced by a structure that permits the targeting of flows in excess of 30,000 megalitres per day past Gundagai.(4) Any amendment to clauses 15 or 62, under subclause (1) shall not result in a change to the long-term average annual extraction limit of this Plan of greater than 0.5% of that limit.(5) Before making an Order under subclause (1) the Minister should obtain the concurrence of the Minister for the Environment to the making of the Order.(6) Any changes to clauses 15 or 62 under subclause (1) shall come in to effect for the water year immediately succeeding the Order under subclause (1), or upon gazettal if the Order is made before 1 September.(7) The review under subclause (1) shall be undertaken before 1 July 2005.cl 72: Am 1.7.2004; 2012 (491), Sch 1 [43].
73 Review of access rules for supplementary water access licences and supplementary water (Lowbidgee) access licences
(1) The Minister may vary:(a) the rules for permitting access to flows by supplementary water access licences specified in clause 51, following a review of the environmental impact associated with the extraction of water by supplementary water access licences, and(b) subject to subclause (4), the rules for permitting access to flows by supplementary water (Lowbidgee) access licences specified in clause 51.(2) The review under subclause (1) (a) shall:(a) consider the inclusion of additional environmental considerations in clause 51 before access to flows by supplementary water access licences is permitted, and(b) be undertaken in conjunction with a variation of the rules permitting access to flows by supplementary water (Lowbidgee) access licences under subclause (1) (b).(3) As a result of the review under subclause (1) (a), the Minister may vary the provisions of clause 51 only if the long-term average annual extractions by supplementary water access licence holders are not impacted.(4) The Minister may vary the provisions of clause 51 for supplementary water (Lowbidgee) access licences only if the long-term average annual controlled diversions through the regulators in the Maude and Redbank weir pools into the area marked as Lowbidgee on the Plan Map does not exceed that which would have occurred under 1993/94 levels of irrigation development and management rules.(5) Any variation to the rules should only commence operation at the beginning of the next water year after their incorporation into the water sharing plan.cl 73: Am 1.7.2004. Subst 2012 (491), Sch 1 [44].
74 Other amendments of this Plan
This Plan can be amended in accordance with the following clauses of this Plan:(a) clause 40 in respect to available water determinations for Murrumbidgee Irrigation (conveyance) access licence,(b) clause 41 (2) in respect to available water determinations for Coleambally Irrigation (conveyance) access licence,(c) clause 48 (4) in respect to regulated river (general security) access licence, Murrumbidgee Irrigation (conveyance) access licence and Coleambally Irrigation (conveyance) access licence water allocation account maximum carryover percentage, and(d) clause 39 (7) in respect to when water may be extracted and the total amount that may be extracted without debit to the water allocation account.cl 74: Subst 1.7.2004. Am 2011 (340), Sch 1 [6].
75 Amendment relating to planned environmental water
(1) The Minister may amend this Plan to provide for the recovery of planned environmental water as follows:(a) the recovery is only to apply where the Minister has cancelled an access licence held by the Minister in accordance with section 8A of the Act,(b) the amount of additional water to be provided as planned environmental water is to be equivalent to the annual average extraction of water under the cancelled licence over the long-term,(c) the average annual long-term availability of water for the remaining access licences that relate to the water source concerned is to be reduced by the average annual long-term extraction of water under the cancelled licence.(2) The Minister may amend this Plan to specify the purposes for which planned environmental water committed under section 8A of the Act is to be used.cl 75: Ins 2000 No 92, Sch 12, Part 2 (ins 2005 No 118, Sch 1 [58]).
76 Amendment of Plan relating to floodplain harvesting
The Minister may amend this Plan so as to provide for the floodplain harvesting of water by amending the waters or water sources to which this Plan applies and by consequential amendments so long as the amendments:(a) if the Plan has already taken into consideration floodplain harvesting extractions, do not affect the outcomes of the long-term extraction limit specified in the Plan, or(b) if the Plan has not already taken into consideration floodplain harvesting extractions, do not allow more water being taken pursuant to access licences for floodplain harvesting than permitted under Schedule F to the Agreement within the meaning of the Murray–Darling Basin Act 1992.cl 76: Ins 2000 No 92, Sch 12, Part 3 (ins 2005 No 118, Sch 1 [58]).
Schedule 1 Definitions
The following definitions apply to this Plan in addition to the definitions set out in the Act:airspace is the volume in a dam which is normally kept empty for the purpose of mitigating potential floods.
assured inflows are the volumes of water which hydrologic information indicates are the minimum which can be expected to flow into the water source.
available water in relation to a water management area or water source, is the water that is available in that area or water source in accordance with an available water determination that is in force in respect of that area or water source.
available water determination is a written Order by the Minister as to the availability of water for the various categories of access licence in relation to a specified water management area or water source.
Cap is as defined in Schedule F of the Murray Darling Basin Agreement.
conversion factor refers to the adjustment factor that may be applied to the size of share components when they are part of a dealing under section 71O or 71R of the Act.
distribution rules set out how water extracted under supplementary water (Lowbidgee) access licences is distributed within the area marked as Lowbidgee on the Plan Map.
effective available water is the sum of:
(a) the available water determinations in the water year made under clause 39 (2) and 39 (3), and
(b) the maximum of zero or the water carried over in regulated river (general security) access licence water allocation accounts from the previous water year less 0.15 ML per unit share.
effluent replenishment flows are flows provided to effluent river systems downstream of the water source.
extraction component is the extraction component of an access licence as defined in 56 (1) of the Act.
floodplain harvesting is the collection or capture of water flowing across floodplains.
full capacity means the volume of water that is impounded in the pool, lagoon or lake when the pool, lagoon or lake is at the level when a visible flow out of that pool, lagoon or lake would cease.
long-term average annual extraction is the average of annual extractions from the water source over the period for which an assessment is carried out..
Minister is the Minister for Land and Water Conservation. The Minister may delegate his functions under section 389 of the Act.
Murray Darling Basin Agreement is the agreement between the Commonwealth of Australia and the states of New South Wales, Victoria and South Australia as referred to in the Murray Darling Basin Act 1992, for the purpose of promoting and co-ordinating effective planning and management for the equitable efficient and sustainable use of the water, land and other environmental resources of the Murray-Darling Basin.
is the share component of an access licence defined in as defined in 56 (1) of the Act.
supply capability is defined as the rate at which water that can be supplied to a section of a water source after satisfying the environmental water provisions and the requirements for water to satisfy basic landholder rights.
transparent releases are where all dam inflows are released coincidentally with their occurrence.
translucent releases are where some portion of dam inflows are released coincidentally with their occurrence.
water storage means a State owned dam, weir or other structure which is used to regulate and manage river flows in this water source and the water bodies impounded by these structures.
water use development includes all privately owned water management structures, and all aspects of farm, industry, town or private household development which affect the volumes of water taken from the water source and the management practices that are applied to them.
water year is defined as 1 July to 30 June.
sch 1: Am 2004 No 91, Sch 2.109 [3]; 2008 (534), Sch 1 [5]; 2012 (491), Sch 1 [45] [46].
Appendix 1: Subst 1.7.2004; 2012 (491), Sch 1 [47].
Schedule 2 Contribution to targets in the State Water Management Outcomes Plan
Levels of assessed contribution:FULL—meets target in full
HIGH—while not meeting target in full is a good level of achievement
PARTIAL—goes some way to met target
LOW—only small degree of contribution
Relevant target | Level of contribution | Comments |
Target 1a Extractions in Murray-Darling Basin’s regulated rivers limited to the level of the long-term average annual extraction below the Murray-Darling Basin Ministerial Council Cap which results from the long-term impact of the environmental water rules | FULL | • Part 8 of this Plan clearly sets out the basis for the long-term extraction limit |
Target 1f Rules for adjustments to future available water determinations in the event that the extraction limits are exceeded, clearly prescribed in consultation with the relevant management committee, and acted upon | FULL | • Rules set out in Part 8 of this Plan |
Target 2 All management plans incorporating mechanisms to protect and restore aquatic habitats, and the diversity and abundance of native animals and plants, with particular reference to threatened species, populations and communities and key threatening processes | LOW | • The environmental flow rules make some improvement on flows compared to Cap • Given that the system is in the Lower Murray area which has been listed as endangered ecological community specifically identifying river regulation as a major cause this Plan will not eliminate this problem • 8 aquatic species in Murrumbidgee have been listed as threatened • There are identified environmental objectives for the use of environmental water allowances however the triggers for release are not specified • The environmental flow rules focus on wetland inundation in the middle reaches however the frequency of the highest flows in the Tumut junction to Carrathool reach will be marginally reduced compared to Cap • The supplementary water access rules do not take into account environmental considerations although there is provision for such considerations to be introduced during the life of this Plan |
Target 4a Where the frequency of “end of system” daily flows would be less than 60% of the predevelopment level without environmental water rules or extraction limits, the flows increased to 60% of predevelopment levels or increased by at least 10% of the predevelopment frequency | LOW | • The rules applying after the fifth year of this Plan improve the frequency of flows that are less than the natural 80th percentile exceedance flow, in line with the target • Target not met for flows greater than the natural 80th percentile • The frequency of flows greater than the natural 20th percentile have been reduced |
Target 4b Frequency of “end of system” daily very low flows (as defined by local field investigation) protected or restored to predevelopment levels to maintain or restore their critical ecological functions, drought refuges and habitat connectivity. In the absence of such local assessments, protection extended up to at least the predevelopment 95th percentile | LOW | • The rules at the commencement of this Plan only slightly improve low flows at the end of the system compared to Cap • This Plan includes rules that improve low flows at the end of the system after year 5 so that flows only drop below the natural 95th %tile flow 20% of the time rather than 41% of the time with the rules applying at the commencement of this Plan |
Target 4c The channel capacity of all lower river and effluent creek systems used for the delivery of regulated water determined. Subject to reasonable socio-economic impacts, limits on daily supply volumes established for effluent systems such that they do not exceed 80% of the channel capacity for more than 10% of days in any month of each year. Where daily supply volumes are currently substantially less than channel capacity, alternative limits established to reduce the impact of unseasonal flows arising from future access licence dealings | PARTIAL | • This Plan provides for the determination of maximum operating channel capacities, in accordance with SWMOP targets • This Plan provides for the distribution of numerical extraction rights that could be used to facilitate management to desired capacity targets • This Plan also notes a number of maximum channel capacity constraints for the Tumut, Murrumbidgee and Yanco that are to apply at the commencement of this Plan, but these are however only expressed as a note and are therefore not actually part of this Plan |
Target 5 Access rights for water access licensees clearly and legally specified in terms of share and extraction components | FULL | • Access for existing regulated supply licences and supplementary water access licences are specified and tradeable |
Target 6b A pathway for reducing the share components to 200 percent of the long-term average annual extraction limit to be established not later than the end of the term of the SWMOP | FULL | • Total entitlements do not exceed 200% of long-term extraction limit set by this Plan |
Target 9a Flow thresholds for declaration of supplementary water access, which take into account environmental needs, clearly specified | LOW | • There has been no consideration of environmental needs in relation to setting of supplementary water access extraction rules • This Plan does however provide for opportunity for the Minister to include such rules during the term of this Plan |
Target 9b Annual limits on supplementary water extractions, consistent with the long-term average annual extraction limits, established in all regulated river water sources | FULL | • This Plan sets the maximum annual extraction for supplementary access licences at the full entitlement of 220GL |
Target 9c Rules for sharing between supplementary water access licence holders made explicit | PARTIAL | • This Plan does not clearly specify any sharing rules however it does provide for “evenly sharing” access between supplementary water access licences |
Target 9d Supplementary access licence dealings made possible in regulated river water sources, subject to extraction limits and environmental assessment and Aboriginal spiritual and cultural constraints | PARTIAL | • This Plan imposes restrictions on the trading of supplementary access licence share components |
Target 12 Measures in place in all water sources subject to a gazetted water sharing plan to protect domestic and stock rights from the impact of other water access and use | FULL | • Obligations are set out in Part 5 of this Plan |
Target 14 Water sources, ecosystems and sites of cultural or traditional importance to Aboriginal people identified, plans of management prepared, and measures put in place to protect and improve them | PARTIAL | • Billabongs and wetlands were identified as having particular cultural importance, however no specific sites identified • Environmental water rules would be expected to provide benefits to some billabongs and wetlands in the middle reaches of the Murrumbidgee |
Target 16a All share components of access licences tradeable | HIGH | • Some restrictions apply to trade of supplementary water |
Target 16c Conversion factors and protocols established to facilitate trading and dealings between water sources, whilst also protecting existing access and environmental water | FULL | • Transfers between water sources are in line with government policy |
Target 16d Reduced conversion factors only applied when necessary to offset increased losses associated with water supply delivery | FULL | • This Plan does not impose reduction factors |
Target 16e Any unassigned access rights identified and clear mechanisms established for their future assignment | N/A | • No unallocated water |
Target 16f Zones established where necessary for environmental protection and limits/constraints on water dealings in them made explicit | PARTIAL | • There is no delineation of zones, except for supplementary water dealings, nor application of limits for reaches with physical/ecological constraints eg Yanco |
Target 35 All management plans incorporating water quality objectives that considered Government approved Interim Environmental Objectives, the current Australian and New Zealand Environment and Conservation Council Guidelines and the recommendations of any relevant Healthy Rivers Commission Inquiries | PARTIAL | • While this Plan does not include a specific water quality objective it does provide an Environmental Water Allowance for environmental and water quality purposes • Other planned environmental water provisions would be expected to produce benefits in line with the Interim Environmental Objectives |
Schedule 3 Goodradigbee flow classification table
The following table indicates the average daily flows in the Goodradigbee River at Wee Jasper, which are to be used for the purpose of classifying the catchment condition for Burrinjuck Dam water storage.Column 1 | Column 2 | Column 3 |
Date | Upper limit of “dry conditions” flows—ML/day | Upper limit of “normal conditions” flows—ML/day |
22-Apr | 131 | 486 |
23-Apr | 127 | 399 |
24-Apr | 129 | 368 |
25-Apr | 131 | 349 |
26-Apr | 137 | 354 |
27-Apr | 137 | 339 |
28-Apr | 143 | 321 |
29-Apr | 147 | 339 |
30-Apr | 159 | 382 |
01-May | 152 | 348 |
02-May | 156 | 365 |
03-May | 154 | 613 |
04-May | 158 | 458 |
05-May | 154 | 407 |
06-May | 151 | 364 |
07-May | 171 | 398 |
08-May | 157 | 340 |
09-May | 152 | 304 |
10-May | 165 | 343 |
11-May | 184 | 437 |
12-May | 183 | 376 |
13-May | 178 | 671 |
14-May | 175 | 787 |
15-May | 166 | 507 |
16-May | 177 | 483 |
17-May | 182 | 521 |
18-May | 201 | 636 |
19-May | 208 | 774 |
20-May | 204 | 572 |
21-May | 194 | 473 |
22-May | 200 | 452 |
23-May | 222 | 531 |
24-May | 228 | 870 |
25-May | 243 | 743 |
26-May | 244 | 670 |
27-May | 306 | 737 |
28-May | 301 | 834 |
29-May | 252 | 683 |
30-May | 246 | 1058 |
31-May | 314 | 1294 |
01-Jun | 270 | 951 |
02-Jun | 271 | 799 |
03-Jun | 320 | 917 |
04-Jun | 277 | 776 |
05-Jun | 297 | 851 |
06-Jun | 268 | 845 |
07-Jun | 251 | 916 |
08-Jun | 276 | 843 |
09-Jun | 272 | 756 |
10-Jun | 294 | 936 |
11-Jun | 324 | 1376 |
12-Jun | 426 | 1338 |
13-Jun | 378 | 1070 |
14-Jun | 338 | 831 |
15-Jun | 318 | 772 |
16-Jun | 311 | 745 |
17-Jun | 317 | 804 |
18-Jun | 315 | 1054 |
19-Jun | 328 | 1230 |
20-Jun | 381 | 987 |
21-Jun | 358 | 977 |
22-Jun | 354 | 1009 |
23-Jun | 337 | 1036 |
24-Jun | 361 | 917 |
25-Jun | 398 | 1171 |
26-Jun | 381 | 1354 |
27-Jun | 375 | 1655 |
28-Jun | 399 | 1217 |
29-Jun | 441 | 1319 |
30-Jun | 460 | 1593 |
01-Jul | 422 | 1502 |
02-Jul | 459 | 1603 |
03-Jul | 478 | 1769 |
04-Jul | 522 | 1982 |
05-Jul | 502 | 2205 |
06-Jul | 610 | 3464 |
07-Jul | 622 | 2660 |
08-Jul | 576 | 2453 |
09-Jul | 554 | 1887 |
10-Jul | 606 | 1703 |
11-Jul | 568 | 1716 |
12-Jul | 574 | 1699 |
13-Jul | 521 | 1510 |
14-Jul | 495 | 1667 |
15-Jul | 505 | 1422 |
16-Jul | 547 | 1415 |
17-Jul | 599 | 1770 |
18-Jul | 528 | 2043 |
19-Jul | 509 | 2001 |
20-Jul | 480 | 1604 |
21-Jul | 499 | 1822 |
22-Jul | 483 | 2565 |
23-Jul | 553 | 2470 |
24-Jul | 493 | 2883 |
25-Jul | 596 | 2955 |
26-Jul | 646 | 3208 |
27-Jul | 681 | 2280 |
28-Jul | 866 | 2118 |
29-Jul | 883 | 2418 |
30-Jul | 961 | 2143 |
31-Jul | 883 | 2074 |
01-Aug | 804 | 1871 |
02-Aug | 766 | 1611 |
03-Aug | 769 | 1616 |
04-Aug | 689 | 1642 |
05-Aug | 695 | 1662 |
06-Aug | 927 | 2527 |
07-Aug | 899 | 2444 |
08-Aug | 867 | 2200 |
09-Aug | 803 | 2067 |
10-Aug | 792 | 1900 |
11-Aug | 824 | 1737 |
12-Aug | 859 | 1747 |
13-Aug | 855 | 1951 |
14-Aug | 836 | 1958 |
15-Aug | 854 | 2241 |
16-Aug | 945 | 2427 |
17-Aug | 896 | 2206 |
18-Aug | 932 | 2127 |
19-Aug | 881 | 2056 |
20-Aug | 878 | 1997 |
21-Aug | 869 | 2675 |
22-Aug | 835 | 2656 |
23-Aug | 828 | 2685 |
24-Aug | 851 | 2361 |
25-Aug | 865 | 2229 |
26-Aug | 899 | 2432 |
27-Aug | 862 | 2992 |
28-Aug | 877 | 2421 |
29-Aug | 849 | 2203 |
30-Aug | 907 | 2151 |
31-Aug | 909 | 2394 |
01-Sep | 1006 | 2448 |
02-Sep | 1057 | 2324 |
03-Sep | 1134 | 2321 |
04-Sep | 1188 | 2161 |
05-Sep | 1154 | 2247 |
06-Sep | 1061 | 2067 |
07-Sep | 1050 | 1933 |
08-Sep | 1027 | 2215 |
09-Sep | 1024 | 2352 |
10-Sep | 1078 | 2206 |
11-Sep | 1134 | 2188 |
12-Sep | 1161 | 2325 |
13-Sep | 1167 | 2215 |
14-Sep | 1145 | 2274 |
15-Sep | 1059 | 2092 |
16-Sep | 993 | 1971 |
17-Sep | 1111 | 2126 |
18-Sep | 1216 | 2670 |
19-Sep | 1166 | 2551 |
20-Sep | 1160 | 2186 |
21-Sep | 1109 | 2101 |
22-Sep | 983 | 2081 |
23-Sep | 917 | 1995 |
24-Sep | 857 | 1834 |
25-Sep | 803 | 2110 |
26-Sep | 791 | 1926 |
27-Sep | 759 | 2128 |
28-Sep | 806 | 1879 |
29-Sep | 807 | 1896 |
30-Sep | 806 | 1701 |
01-Oct | 747 | 1483 |
02-Oct | 741 | 1366 |
03-Oct | 780 | 1713 |
04-Oct | 714 | 3234 |
05-Oct | 706 | 2499 |
06-Oct | 687 | 1828 |
07-Oct | 704 | 1614 |
08-Oct | 689 | 1445 |
09-Oct | 701 | 1592 |
10-Oct | 655 | 1629 |
11-Oct | 630 | 1502 |
12-Oct | 626 | 1365 |
13-Oct | 636 | 1262 |
14-Oct | 627 | 1227 |
15-Oct | 587 | 1273 |
16-Oct | 584 | 1287 |
17-Oct | 602 | 1241 |
18-Oct | 601 | 1689 |
19-Oct | 584 | 1714 |
20-Oct | 573 | 1676 |
21-Oct | 565 | 1501 |
Schedule 4 Burrinjuck Dam translucency percentage table
DATE | BURRINJUCK EFFECTIVE VOLUME < 30% FULL SUPPLY VOLUME OF BURRINJUCK | 30% FULL SUPPLY VOLUME OF BURRINJUCK < BURRINJUCK EFFECTIVE VOLUME < 50% FULL SUPPLY VOLUME OF BURRINJUCK | BURRINJUCK EFFECTIVE VOLUME > 50% FULL SUPPLY VOLUME OF BURRINJUCK | ||||||
WET | NORMAL | DRY | WET | NORMAL | DRY | WET | NORMAL | DRY | |
22-APR | 0 | 1 | 0 | 0 | 1 | 0 | 0 | 1 | 0 |
23-APR | 0 | 2 | 0 | 0 | 2 | 0 | 0 | 2 | 0 |
24-APR | 0 | 3 | 0 | 0 | 3 | 0 | 0 | 3 | 0 |
25-APR | 0 | 4 | 0 | 0 | 4 | 0 | 0 | 4 | 0 |
26-APR | 0 | 5 | 0 | 0 | 5 | 0 | 0 | 5 | 0 |
27-APR | 0 | 6 | 0 | 0 | 6 | 0 | 0 | 6 | 0 |
28-APR | 0 | 7 | 0 | 0 | 7 | 0 | 0 | 7 | 0 |
29-APR | 0 | 8 | 0 | 0 | 8 | 0 | 0 | 8 | 0 |
30-APR | 0 | 9 | 0 | 0 | 9 | 0 | 0 | 9 | 0 |
01-MAY | 0 | 10 | 0 | 0 | 10 | 0 | 0 | 10 | 0 |
02-MAY | 5 | 11 | 0 | 5 | 11 | 0 | 5 | 11 | 0 |
03-MAY | 12 | 12 | 0 | 12 | 12 | 0 | 12 | 12 | 0 |
04-MAY | 18 | 13 | 0 | 18 | 13 | 0 | 18 | 13 | 0 |
05-MAY | 25 | 14 | 0 | 25 | 14 | 0 | 25 | 14 | 0 |
06-MAY | 31 | 15 | 0 | 31 | 15 | 0 | 31 | 15 | 0 |
07-MAY | 37 | 16 | 0 | 37 | 16 | 0 | 37 | 16 | 0 |
08-MAY | 43 | 17 | 0 | 43 | 17 | 0 | 43 | 17 | 0 |
09-MAY | 48 | 18 | 0 | 48 | 18 | 0 | 48 | 18 | 0 |
10-MAY | 50 | 20 | 0 | 54 | 20 | 0 | 54 | 20 | 0 |
11-MAY | 50 | 21 | 0 | 59 | 21 | 0 | 59 | 21 | 0 |
12-MAY | 50 | 22 | 0 | 65 | 22 | 0 | 65 | 22 | 0 |
13-MAY | 50 | 23 | 0 | 70 | 23 | 0 | 70 | 23 | 0 |
14-MAY | 50 | 24 | 0 | 74 | 24 | 0 | 74 | 24 | 0 |
15-MAY | 50 | 25 | 0 | 79 | 25 | 0 | 79 | 25 | 0 |
16-MAY | 50 | 26 | 2 | 83 | 26 | 2 | 83 | 26 | 2 |
17-MAY | 50 | 27 | 3 | 88 | 27 | 3 | 88 | 27 | 3 |
18-MAY | 50 | 28 | 4 | 91 | 28 | 4 | 91 | 28 | 4 |
19-MAY | 50 | 29 | 5 | 95 | 29 | 5 | 95 | 29 | 5 |
20-MAY | 50 | 30 | 6 | 99 | 30 | 6 | 99 | 30 | 6 |
21-MAY | 50 | 31 | 7 | 100 | 31 | 7 | 100 | 31 | 7 |
22-MAY | 50 | 32 | 8 | 100 | 32 | 8 | 100 | 32 | 8 |
23-MAY | 50 | 34 | 9 | 100 | 34 | 9 | 100 | 34 | 9 |
24-MAY | 50 | 35 | 10 | 100 | 35 | 10 | 100 | 35 | 10 |
25-MAY | 50 | 36 | 11 | 100 | 36 | 11 | 100 | 36 | 11 |
26-MAY | 50 | 37 | 12 | 100 | 37 | 12 | 100 | 37 | 12 |
27-MAY | 50 | 38 | 13 | 100 | 38 | 13 | 100 | 38 | 13 |
28-MAY | 50 | 39 | 14 | 100 | 39 | 14 | 100 | 39 | 14 |
29-MAY | 50 | 40 | 15 | 100 | 40 | 15 | 100 | 40 | 15 |
30-MAY | 50 | 41 | 16 | 100 | 41 | 16 | 100 | 41 | 16 |
31-MAY | 50 | 42 | 17 | 100 | 42 | 17 | 100 | 42 | 17 |
01-JUN | 50 | 43 | 18 | 100 | 43 | 18 | 100 | 43 | 18 |
02-JUN | 50 | 44 | 19 | 100 | 44 | 19 | 100 | 44 | 19 |
03-JUN | 50 | 45 | 20 | 100 | 45 | 20 | 100 | 45 | 20 |
04-JUN | 50 | 46 | 21 | 100 | 46 | 21 | 100 | 46 | 21 |
05-JUN | 50 | 47 | 22 | 100 | 47 | 22 | 100 | 47 | 22 |
06-JUN | 50 | 48 | 23 | 100 | 48 | 23 | 100 | 48 | 23 |
07-JUN | 50 | 49 | 24 | 100 | 49 | 24 | 100 | 49 | 24 |
08-JUN | 50 | 50 | 25 | 100 | 50 | 25 | 100 | 50 | 25 |
09-JUN | 50 | 50 | 26 | 100 | 50 | 26 | 100 | 51 | 26 |
10-JUN | 50 | 50 | 26 | 100 | 50 | 26 | 100 | 52 | 26 |
11-JUN | 50 | 50 | 27 | 100 | 50 | 27 | 100 | 53 | 27 |
12-JUN | 50 | 50 | 28 | 100 | 50 | 28 | 100 | 54 | 28 |
13-JUN | 50 | 50 | 29 | 97 | 50 | 29 | 97 | 55 | 29 |
14-JUN | 50 | 50 | 30 | 93 | 50 | 30 | 93 | 56 | 30 |
15-JUN | 50 | 50 | 31 | 89 | 50 | 31 | 89 | 57 | 31 |
16-JUN | 50 | 50 | 31 | 84 | 50 | 31 | 84 | 58 | 31 |
17-JUN | 50 | 50 | 32 | 78 | 50 | 32 | 78 | 59 | 32 |
18-JUN | 50 | 50 | 33 | 72 | 50 | 33 | 72 | 60 | 33 |
19-JUN | 50 | 50 | 34 | 66 | 50 | 34 | 66 | 61 | 34 |
20-JUN | 50 | 50 | 34 | 59 | 50 | 34 | 59 | 62 | 34 |
21-JUN | 50 | 50 | 35 | 52 | 50 | 35 | 52 | 63 | 35 |
22-JUN | 45 | 50 | 36 | 45 | 50 | 36 | 45 | 64 | 36 |
23-JUN | 37 | 50 | 37 | 37 | 50 | 37 | 37 | 64 | 37 |
24-JUN | 29 | 50 | 37 | 29 | 50 | 37 | 29 | 65 | 37 |
25-JUN | 20 | 50 | 38 | 20 | 50 | 38 | 20 | 66 | 38 |
26-JUN | 11 | 50 | 39 | 11 | 50 | 39 | 11 | 67 | 39 |
27-JUN | 1 | 50 | 39 | 1 | 50 | 39 | 1 | 68 | 39 |
28-JUN | 0 | 50 | 40 | 0 | 50 | 40 | 0 | 69 | 40 |
29-JUN | 0 | 50 | 40 | 0 | 50 | 40 | 0 | 69 | 40 |
30-JUN | 0 | 50 | 41 | 0 | 50 | 41 | 0 | 70 | 41 |
01-JUL | 0 | 50 | 41 | 0 | 50 | 41 | 0 | 71 | 41 |
02-JUL | 0 | 50 | 42 | 0 | 50 | 42 | 0 | 72 | 42 |
03-JUL | 0 | 50 | 42 | 0 | 50 | 42 | 0 | 72 | 42 |
04-JUL | 0 | 50 | 43 | 0 | 50 | 43 | 0 | 73 | 43 |
05-JUL | 0 | 50 | 43 | 0 | 50 | 43 | 0 | 74 | 43 |
06-JUL | 0 | 50 | 44 | 0 | 50 | 44 | 0 | 75 | 44 |
07-JUL | 0 | 50 | 44 | 0 | 50 | 44 | 0 | 75 | 44 |
08-JUL | 0 | 50 | 45 | 0 | 50 | 45 | 0 | 76 | 45 |
09-JUL | 0 | 50 | 45 | 0 | 50 | 45 | 0 | 77 | 45 |
10-JUL | 0 | 50 | 45 | 0 | 50 | 45 | 0 | 77 | 45 |
11-JUL | 0 | 50 | 46 | 0 | 50 | 46 | 0 | 78 | 46 |
12-JUL | 0 | 50 | 46 | 0 | 50 | 46 | 0 | 79 | 46 |
13-JUL | 0 | 50 | 46 | 0 | 50 | 46 | 0 | 79 | 46 |
14-JUL | 0 | 50 | 46 | 0 | 50 | 46 | 0 | 80 | 46 |
15-JUL | 0 | 50 | 47 | 0 | 50 | 47 | 0 | 80 | 47 |
16-JUL | 0 | 50 | 47 | 0 | 50 | 47 | 0 | 81 | 47 |
17-JUL | 0 | 50 | 47 | 0 | 50 | 47 | 0 | 81 | 47 |
18-JUL | 0 | 50 | 47 | 0 | 50 | 47 | 0 | 82 | 47 |
19-JUL | 0 | 50 | 47 | 0 | 50 | 47 | 0 | 82 | 47 |
20-JUL | 0 | 50 | 47 | 0 | 50 | 47 | 0 | 83 | 47 |
21-JUL | 0 | 50 | 47 | 0 | 50 | 47 | 0 | 83 | 47 |
22-JUL | 0 | 50 | 47 | 0 | 50 | 47 | 0 | 84 | 47 |
23-JUL | 0 | 50 | 47 | 0 | 50 | 47 | 0 | 84 | 47 |
24-JUL | 0 | 50 | 47 | 0 | 50 | 47 | 0 | 84 | 47 |
25-JUL | 0 | 50 | 47 | 0 | 50 | 47 | 0 | 85 | 47 |
26-JUL | 0 | 50 | 47 | 0 | 50 | 47 | 0 | 85 | 47 |
27-JUL | 0 | 50 | 47 | 0 | 50 | 47 | 0 | 86 | 47 |
28-JUL | 0 | 50 | 46 | 0 | 50 | 46 | 0 | 86 | 46 |
29-JUL | 0 | 50 | 46 | 0 | 50 | 46 | 0 | 86 | 46 |
30-JUL | 0 | 50 | 46 | 0 | 50 | 46 | 0 | 86 | 46 |
31-JUL | 0 | 50 | 46 | 0 | 50 | 46 | 0 | 87 | 46 |
01-AUG | 0 | 50 | 45 | 0 | 50 | 45 | 0 | 87 | 45 |
02-AUG | 0 | 50 | 45 | 0 | 50 | 45 | 0 | 87 | 45 |
03-AUG | 0 | 50 | 45 | 0 | 50 | 45 | 0 | 87 | 45 |
04-AUG | 0 | 50 | 44 | 0 | 50 | 44 | 0 | 87 | 44 |
05-AUG | 0 | 50 | 44 | 0 | 50 | 44 | 0 | 87 | 44 |
06-AUG | 0 | 50 | 43 | 0 | 50 | 43 | 0 | 88 | 43 |
07-AUG | 0 | 50 | 43 | 0 | 50 | 43 | 0 | 88 | 43 |
08-AUG | 0 | 50 | 42 | 0 | 50 | 42 | 0 | 88 | 42 |
09-AUG | 0 | 50 | 41 | 0 | 50 | 41 | 0 | 88 | 41 |
10-AUG | 0 | 50 | 41 | 0 | 50 | 41 | 0 | 88 | 41 |
11-AUG | 0 | 50 | 40 | 0 | 50 | 40 | 0 | 88 | 40 |
12-AUG | 0 | 50 | 39 | 0 | 50 | 39 | 0 | 88 | 39 |
13-AUG | 0 | 50 | 39 | 0 | 50 | 39 | 0 | 88 | 39 |
14-AUG | 0 | 50 | 38 | 0 | 50 | 38 | 0 | 87 | 38 |
15-AUG | 0 | 50 | 37 | 0 | 50 | 37 | 0 | 87 | 37 |
16-AUG | 0 | 50 | 36 | 0 | 50 | 36 | 0 | 87 | 36 |
17-AUG | 0 | 50 | 35 | 0 | 50 | 35 | 0 | 87 | 35 |
18-AUG | 0 | 50 | 34 | 0 | 50 | 34 | 0 | 87 | 34 |
19-AUG | 0 | 50 | 33 | 0 | 50 | 33 | 0 | 86 | 33 |
20-AUG | 0 | 50 | 32 | 0 | 50 | 32 | 0 | 86 | 32 |
21-AUG | 0 | 50 | 31 | 0 | 50 | 31 | 0 | 86 | 31 |
22-AUG | 0 | 50 | 30 | 0 | 50 | 30 | 0 | 86 | 30 |
23-AUG | 0 | 50 | 29 | 0 | 50 | 29 | 0 | 85 | 29 |
24-AUG | 0 | 50 | 28 | 0 | 50 | 28 | 0 | 85 | 28 |
25-AUG | 0 | 50 | 26 | 0 | 50 | 26 | 0 | 84 | 26 |
26-AUG | 0 | 50 | 25 | 0 | 50 | 25 | 0 | 84 | 25 |
27-AUG | 0 | 50 | 24 | 0 | 50 | 24 | 0 | 84 | 24 |
28-AUG | 0 | 50 | 22 | 0 | 50 | 22 | 0 | 83 | 22 |
29-AUG | 0 | 50 | 21 | 0 | 50 | 21 | 0 | 82 | 21 |
30-AUG | 0 | 50 | 19 | 0 | 50 | 19 | 0 | 82 | 19 |
31-AUG | 0 | 50 | 18 | 0 | 50 | 18 | 0 | 81 | 18 |
01-SEP | 0 | 50 | 16 | 0 | 50 | 16 | 0 | 81 | 16 |
02-SEP | 0 | 50 | 15 | 0 | 50 | 15 | 0 | 80 | 15 |
03-SEP | 0 | 50 | 13 | 0 | 50 | 13 | 0 | 79 | 13 |
04-SEP | 0 | 50 | 11 | 0 | 50 | 11 | 0 | 79 | 11 |
05-SEP | 0 | 50 | 9 | 0 | 50 | 9 | 0 | 78 | 9 |
06-SEP | 0 | 50 | 8 | 0 | 50 | 8 | 0 | 77 | 8 |
07-SEP | 0 | 50 | 6 | 0 | 50 | 6 | 0 | 76 | 6 |
08-SEP | 0 | 50 | 4 | 0 | 50 | 4 | 0 | 75 | 4 |
09-SEP | 0 | 50 | 2 | 0 | 50 | 2 | 0 | 74 | 2 |
10-SEP | 0 | 50 | 0 | 0 | 50 | 0 | 0 | 73 | 0 |
11-SEP | 0 | 50 | 0 | 0 | 50 | 0 | 0 | 72 | 0 |
12-SEP | 0 | 50 | 0 | 0 | 50 | 0 | 0 | 71 | 0 |
13-SEP | 0 | 50 | 0 | 0 | 50 | 0 | 0 | 70 | 0 |
14-SEP | 0 | 50 | 0 | 0 | 50 | 0 | 0 | 69 | 0 |
15-SEP | 0 | 50 | 0 | 0 | 50 | 0 | 0 | 68 | 0 |
16-SEP | 0 | 50 | 0 | 0 | 50 | 0 | 0 | 67 | 0 |
17-SEP | 0 | 50 | 0 | 0 | 50 | 0 | 0 | 66 | 0 |
18-SEP | 0 | 50 | 0 | 0 | 50 | 0 | 0 | 65 | 0 |
19-SEP | 0 | 50 | 0 | 0 | 50 | 0 | 0 | 63 | 0 |
20-SEP | 0 | 50 | 0 | 0 | 50 | 0 | 0 | 62 | 0 |
21-SEP | 0 | 50 | 0 | 0 | 50 | 0 | 0 | 61 | 0 |
22-SEP | 0 | 50 | 0 | 0 | 50 | 0 | 0 | 59 | 0 |
23-SEP | 0 | 50 | 0 | 0 | 50 | 0 | 0 | 58 | 0 |
24-SEP | 0 | 50 | 0 | 0 | 50 | 0 | 0 | 57 | 0 |
25-SEP | 0 | 50 | 0 | 0 | 50 | 0 | 0 | 55 | 0 |
26-SEP | 0 | 50 | 0 | 0 | 50 | 0 | 0 | 54 | 0 |
27-SEP | 0 | 50 | 0 | 0 | 50 | 0 | 0 | 52 | 0 |
28-SEP | 0 | 50 | 0 | 0 | 50 | 0 | 0 | 50 | 0 |
29-SEP | 0 | 49 | 0 | 0 | 49 | 0 | 0 | 49 | 0 |
30-SEP | 0 | 47 | 0 | 0 | 47 | 0 | 0 | 47 | 0 |
01-OCT | 0 | 45 | 0 | 0 | 45 | 0 | 0 | 45 | 0 |
02-OCT | 0 | 44 | 0 | 0 | 44 | 0 | 0 | 44 | 0 |
03-OCT | 0 | 42 | 0 | 0 | 42 | 0 | 0 | 42 | 0 |
04-OCT | 0 | 40 | 0 | 0 | 40 | 0 | 0 | 40 | 0 |
05-OCT | 0 | 38 | 0 | 0 | 38 | 0 | 0 | 38 | 0 |
06-OCT | 0 | 36 | 0 | 0 | 36 | 0 | 0 | 36 | 0 |
07-OCT | 0 | 34 | 0 | 0 | 34 | 0 | 0 | 34 | 0 |
08-OCT | 0 | 32 | 0 | 0 | 32 | 0 | 0 | 32 | 0 |
09-OCT | 0 | 30 | 0 | 0 | 30 | 0 | 0 | 30 | 0 |
10-OCT | 0 | 28 | 0 | 0 | 28 | 0 | 0 | 28 | 0 |
11-OCT | 0 | 26 | 0 | 0 | 26 | 0 | 0 | 26 | 0 |
12-OCT | 0 | 24 | 0 | 0 | 24 | 0 | 0 | 24 | 0 |
13-OCT | 0 | 21 | 0 | 0 | 21 | 0 | 0 | 21 | 0 |
14-OCT | 0 | 19 | 0 | 0 | 19 | 0 | 0 | 19 | 0 |
15-OCT | 0 | 17 | 0 | 0 | 17 | 0 | 0 | 17 | 0 |
16-OCT | 0 | 14 | 0 | 0 | 14 | 0 | 0 | 14 | 0 |
17-OCT | 0 | 12 | 0 | 0 | 12 | 0 | 0 | 12 | 0 |
18-OCT | 0 | 9 | 0 | 0 | 9 | 0 | 0 | 9 | 0 |
19-OCT | 0 | 7 | 0 | 0 | 7 | 0 | 0 | 7 | 0 |
20-OCT | 0 | 4 | 0 | 0 | 4 | 0 | 0 | 4 | 0 |
21-OCT | 0 | 2 | 0 | 0 | 2 | 0 | 0 | 2 | 0 |
Schedule 5 Initial “unclipped” translucency percentage table
DATE | BURRINJUCK EFFECTIVE VOLUME < 30% FULL SUPPLY VOLUME OF BURRINJUCK | 30% FULL SUPPLY VOLUME OF BURRINJUCK < BURRINJUCK EFFECTIVE VOLUME < 50% FULL SUPPLY VOLUME OF BURRINJUCK | BURRINJUCK EFFECTIVE VOLUME > 50% FULL SUPPLY VOLUME OF BURRINJUCK | ||||||
WET | NORMAL | DRY | WET | NORMAL | DRY | WET | NORMAL | DRY | |
22-APR | 0 | 1 | 0 | 0 | 1 | 0 | 0 | 1 | 0 |
23-APR | 0 | 2 | 0 | 0 | 2 | 0 | 0 | 2 | 0 |
24-APR | 0 | 3 | 0 | 0 | 3 | 0 | 0 | 3 | 0 |
25-APR | 0 | 4 | 0 | 0 | 4 | 0 | 0 | 4 | 0 |
26-APR | 0 | 5 | 0 | 0 | 5 | 0 | 0 | 5 | 0 |
27-APR | 0 | 6 | 0 | 0 | 6 | 0 | 0 | 6 | 0 |
28-APR | 0 | 7 | 0 | 0 | 7 | 0 | 0 | 7 | 0 |
29-APR | 0 | 8 | 0 | 0 | 8 | 0 | 0 | 8 | 0 |
30-APR | 0 | 9 | 0 | 0 | 9 | 0 | 0 | 9 | 0 |
01-MAY | 0 | 10 | 0 | 0 | 10 | 0 | 0 | 10 | 0 |
02-MAY | 5 | 11 | 0 | 5 | 11 | 0 | 5 | 11 | 0 |
03-MAY | 12 | 12 | 0 | 12 | 12 | 0 | 12 | 12 | 0 |
04-MAY | 18 | 13 | 0 | 18 | 13 | 0 | 18 | 13 | 0 |
05-MAY | 25 | 14 | 0 | 25 | 14 | 0 | 25 | 14 | 0 |
06-MAY | 31 | 15 | 0 | 31 | 15 | 0 | 31 | 15 | 0 |
07-MAY | 37 | 16 | 0 | 37 | 16 | 0 | 37 | 16 | 0 |
08-MAY | 43 | 17 | 0 | 43 | 17 | 0 | 43 | 17 | 0 |
09-MAY | 48 | 18 | 0 | 48 | 18 | 0 | 48 | 18 | 0 |
10-MAY | 54 | 20 | 0 | 54 | 20 | 0 | 54 | 20 | 0 |
11-MAY | 59 | 21 | 0 | 59 | 21 | 0 | 59 | 21 | 0 |
12-MAY | 65 | 22 | 0 | 65 | 22 | 0 | 65 | 22 | 0 |
13-MAY | 70 | 23 | 0 | 70 | 23 | 0 | 70 | 23 | 0 |
14-MAY | 74 | 24 | 0 | 74 | 24 | 0 | 74 | 24 | 0 |
15-MAY | 79 | 25 | 0 | 79 | 25 | 0 | 79 | 25 | 0 |
16-MAY | 83 | 26 | 2 | 83 | 26 | 2 | 83 | 26 | 2 |
17-MAY | 88 | 27 | 3 | 88 | 27 | 3 | 88 | 27 | 3 |
18-MAY | 91 | 28 | 4 | 91 | 28 | 4 | 91 | 28 | 4 |
19-MAY | 95 | 29 | 5 | 95 | 29 | 5 | 95 | 29 | 5 |
20-MAY | 99 | 30 | 6 | 99 | 30 | 6 | 99 | 30 | 6 |
21-MAY | 100 | 31 | 7 | 100 | 31 | 7 | 100 | 31 | 7 |
22-MAY | 100 | 32 | 8 | 100 | 32 | 8 | 100 | 32 | 8 |
23-MAY | 100 | 34 | 9 | 100 | 34 | 9 | 100 | 34 | 9 |
24-MAY | 100 | 35 | 10 | 100 | 35 | 10 | 100 | 35 | 10 |
25-MAY | 100 | 36 | 11 | 100 | 36 | 11 | 100 | 36 | 11 |
26-MAY | 100 | 37 | 12 | 100 | 37 | 12 | 100 | 37 | 12 |
27-MAY | 100 | 38 | 13 | 100 | 38 | 13 | 100 | 38 | 13 |
28-MAY | 100 | 39 | 14 | 100 | 39 | 14 | 100 | 39 | 14 |
29-MAY | 100 | 40 | 15 | 100 | 40 | 15 | 100 | 40 | 15 |
30-MAY | 100 | 41 | 16 | 100 | 41 | 16 | 100 | 41 | 16 |
31-MAY | 100 | 42 | 17 | 100 | 42 | 17 | 100 | 42 | 17 |
01-JUN | 100 | 43 | 18 | 100 | 43 | 18 | 100 | 43 | 18 |
02-JUN | 100 | 44 | 19 | 100 | 44 | 19 | 100 | 44 | 19 |
03-JUN | 100 | 45 | 20 | 100 | 45 | 20 | 100 | 45 | 20 |
04-JUN | 100 | 46 | 21 | 100 | 46 | 21 | 100 | 46 | 21 |
05-JUN | 100 | 47 | 22 | 100 | 47 | 22 | 100 | 47 | 22 |
06-JUN | 100 | 48 | 23 | 100 | 48 | 23 | 100 | 48 | 23 |
07-JUN | 100 | 49 | 24 | 100 | 49 | 24 | 100 | 49 | 24 |
08-JUN | 100 | 50 | 25 | 100 | 50 | 25 | 100 | 50 | 25 |
09-JUN | 100 | 51 | 26 | 100 | 51 | 26 | 100 | 51 | 26 |
10-JUN | 100 | 52 | 26 | 100 | 52 | 26 | 100 | 52 | 26 |
11-JUN | 100 | 53 | 27 | 100 | 53 | 27 | 100 | 53 | 27 |
12-JUN | 100 | 54 | 28 | 100 | 54 | 28 | 100 | 54 | 28 |
13-JUN | 97 | 55 | 29 | 97 | 55 | 29 | 97 | 55 | 29 |
14-JUN | 93 | 56 | 30 | 93 | 56 | 30 | 93 | 56 | 30 |
15-JUN | 89 | 57 | 31 | 89 | 57 | 31 | 89 | 57 | 31 |
16-JUN | 84 | 58 | 31 | 84 | 58 | 31 | 84 | 58 | 31 |
17-JUN | 78 | 59 | 32 | 78 | 59 | 32 | 78 | 59 | 32 |
18-JUN | 72 | 60 | 33 | 72 | 60 | 33 | 72 | 60 | 33 |
19-JUN | 66 | 61 | 34 | 66 | 61 | 34 | 66 | 61 | 34 |
20-JUN | 59 | 62 | 34 | 59 | 62 | 34 | 59 | 62 | 34 |
21-JUN | 52 | 63 | 35 | 52 | 63 | 35 | 52 | 63 | 35 |
22-JUN | 45 | 64 | 36 | 45 | 64 | 36 | 45 | 64 | 36 |
23-JUN | 37 | 64 | 37 | 37 | 64 | 37 | 37 | 64 | 37 |
24-JUN | 29 | 65 | 37 | 29 | 65 | 37 | 29 | 65 | 37 |
25-JUN | 20 | 66 | 38 | 20 | 66 | 38 | 20 | 66 | 38 |
26-JUN | 11 | 67 | 39 | 11 | 67 | 39 | 11 | 67 | 39 |
27-JUN | 1 | 68 | 39 | 1 | 68 | 39 | 1 | 68 | 39 |
28-JUN | 0 | 69 | 40 | 0 | 69 | 40 | 0 | 69 | 40 |
29-JUN | 0 | 69 | 40 | 0 | 69 | 40 | 0 | 69 | 40 |
30-JUN | 0 | 70 | 41 | 0 | 70 | 41 | 0 | 70 | 41 |
01-JUL | 0 | 71 | 41 | 0 | 71 | 41 | 0 | 71 | 41 |
02-JUL | 0 | 72 | 42 | 0 | 72 | 42 | 0 | 72 | 42 |
03-JUL | 0 | 72 | 42 | 0 | 72 | 42 | 0 | 72 | 42 |
04-JUL | 0 | 73 | 43 | 0 | 73 | 43 | 0 | 73 | 43 |
05-JUL | 0 | 74 | 43 | 0 | 74 | 43 | 0 | 74 | 43 |
06-JUL | 0 | 75 | 44 | 0 | 75 | 44 | 0 | 75 | 44 |
07-JUL | 0 | 75 | 44 | 0 | 75 | 44 | 0 | 75 | 44 |
08-JUL | 0 | 76 | 45 | 0 | 76 | 45 | 0 | 76 | 45 |
09-JUL | 0 | 77 | 45 | 0 | 77 | 45 | 0 | 77 | 45 |
10-JUL | 0 | 77 | 45 | 0 | 77 | 45 | 0 | 77 | 45 |
11-JUL | 0 | 78 | 46 | 0 | 78 | 46 | 0 | 78 | 46 |
12-JUL | 0 | 79 | 46 | 0 | 79 | 46 | 0 | 79 | 46 |
13-JUL | 0 | 79 | 46 | 0 | 79 | 46 | 0 | 79 | 46 |
14-JUL | 0 | 80 | 46 | 0 | 80 | 46 | 0 | 80 | 46 |
15-JUL | 0 | 80 | 47 | 0 | 80 | 47 | 0 | 80 | 47 |
16-JUL | 0 | 81 | 47 | 0 | 81 | 47 | 0 | 81 | 47 |
17-JUL | 0 | 81 | 47 | 0 | 81 | 47 | 0 | 81 | 47 |
18-JUL | 0 | 82 | 47 | 0 | 82 | 47 | 0 | 82 | 47 |
19-JUL | 0 | 82 | 47 | 0 | 82 | 47 | 0 | 82 | 47 |
20-JUL | 0 | 83 | 47 | 0 | 83 | 47 | 0 | 83 | 47 |
21-JUL | 0 | 83 | 47 | 0 | 83 | 47 | 0 | 83 | 47 |
22-JUL | 0 | 84 | 47 | 0 | 84 | 47 | 0 | 84 | 47 |
23-JUL | 0 | 84 | 47 | 0 | 84 | 47 | 0 | 84 | 47 |
24-JUL | 0 | 84 | 47 | 0 | 84 | 47 | 0 | 84 | 47 |
25-JUL | 0 | 85 | 47 | 0 | 85 | 47 | 0 | 85 | 47 |
26-JUL | 0 | 85 | 47 | 0 | 85 | 47 | 0 | 85 | 47 |
27-JUL | 0 | 86 | 47 | 0 | 86 | 47 | 0 | 86 | 47 |
28-JUL | 0 | 86 | 46 | 0 | 86 | 46 | 0 | 86 | 46 |
29-JUL | 0 | 86 | 46 | 0 | 86 | 46 | 0 | 86 | 46 |
30-JUL | 0 | 86 | 46 | 0 | 86 | 46 | 0 | 86 | 46 |
31-JUL | 0 | 87 | 46 | 0 | 87 | 46 | 0 | 87 | 46 |
01-AUG | 0 | 87 | 45 | 0 | 87 | 45 | 0 | 87 | 45 |
02-AUG | 0 | 87 | 45 | 0 | 87 | 45 | 0 | 87 | 45 |
03-AUG | 0 | 87 | 45 | 0 | 87 | 45 | 0 | 87 | 45 |
04-AUG | 0 | 87 | 44 | 0 | 87 | 44 | 0 | 87 | 44 |
05-AUG | 0 | 87 | 44 | 0 | 87 | 44 | 0 | 87 | 44 |
06-AUG | 0 | 88 | 43 | 0 | 88 | 43 | 0 | 88 | 43 |
07-AUG | 0 | 88 | 43 | 0 | 88 | 43 | 0 | 88 | 43 |
08-AUG | 0 | 88 | 42 | 0 | 88 | 42 | 0 | 88 | 42 |
09-AUG | 0 | 88 | 41 | 0 | 88 | 41 | 0 | 88 | 41 |
10-AUG | 0 | 88 | 41 | 0 | 88 | 41 | 0 | 88 | 41 |
11-AUG | 0 | 88 | 40 | 0 | 88 | 40 | 0 | 88 | 40 |
12-AUG | 0 | 88 | 39 | 0 | 88 | 39 | 0 | 88 | 39 |
13-AUG | 0 | 88 | 39 | 0 | 88 | 39 | 0 | 88 | 39 |
14-AUG | 0 | 87 | 38 | 0 | 87 | 38 | 0 | 87 | 38 |
15-AUG | 0 | 87 | 37 | 0 | 87 | 37 | 0 | 87 | 37 |
16-AUG | 0 | 87 | 36 | 0 | 87 | 36 | 0 | 87 | 36 |
17-AUG | 0 | 87 | 35 | 0 | 87 | 35 | 0 | 87 | 35 |
18-AUG | 0 | 87 | 34 | 0 | 87 | 34 | 0 | 87 | 34 |
19-AUG | 0 | 86 | 33 | 0 | 86 | 33 | 0 | 86 | 33 |
20-AUG | 0 | 86 | 32 | 0 | 86 | 32 | 0 | 86 | 32 |
21-AUG | 0 | 86 | 31 | 0 | 86 | 31 | 0 | 86 | 31 |
22-AUG | 0 | 86 | 30 | 0 | 86 | 30 | 0 | 86 | 30 |
23-AUG | 0 | 85 | 29 | 0 | 85 | 29 | 0 | 85 | 29 |
24-AUG | 0 | 85 | 28 | 0 | 85 | 28 | 0 | 85 | 28 |
25-AUG | 0 | 84 | 26 | 0 | 84 | 26 | 0 | 84 | 26 |
26-AUG | 0 | 84 | 25 | 0 | 84 | 25 | 0 | 84 | 25 |
27-AUG | 0 | 84 | 24 | 0 | 84 | 24 | 0 | 84 | 24 |
28-AUG | 0 | 83 | 22 | 0 | 83 | 22 | 0 | 83 | 22 |
29-AUG | 0 | 82 | 21 | 0 | 82 | 21 | 0 | 82 | 21 |
30-AUG | 0 | 82 | 19 | 0 | 82 | 19 | 0 | 82 | 19 |
31-AUG | 0 | 81 | 18 | 0 | 81 | 18 | 0 | 81 | 18 |
01-SEP | 0 | 81 | 16 | 0 | 81 | 16 | 0 | 81 | 16 |
02-SEP | 0 | 80 | 15 | 0 | 80 | 15 | 0 | 80 | 15 |
03-SEP | 0 | 79 | 13 | 0 | 79 | 13 | 0 | 79 | 13 |
04-SEP | 0 | 79 | 11 | 0 | 79 | 11 | 0 | 79 | 11 |
05-SEP | 0 | 78 | 9 | 0 | 78 | 9 | 0 | 78 | 9 |
06-SEP | 0 | 77 | 8 | 0 | 77 | 8 | 0 | 77 | 8 |
07-SEP | 0 | 76 | 6 | 0 | 76 | 6 | 0 | 76 | 6 |
08-SEP | 0 | 75 | 4 | 0 | 75 | 4 | 0 | 75 | 4 |
09-SEP | 0 | 74 | 2 | 0 | 74 | 2 | 0 | 74 | 2 |
10-SEP | 0 | 73 | 0 | 0 | 73 | 0 | 0 | 73 | 0 |
11-SEP | 0 | 72 | 0 | 0 | 72 | 0 | 0 | 72 | 0 |
12-SEP | 0 | 71 | 0 | 0 | 71 | 0 | 0 | 71 | 0 |
13-SEP | 0 | 70 | 0 | 0 | 70 | 0 | 0 | 70 | 0 |
14-SEP | 0 | 69 | 0 | 0 | 69 | 0 | 0 | 69 | 0 |
15-SEP | 0 | 68 | 0 | 0 | 68 | 0 | 0 | 68 | 0 |
16-SEP | 0 | 67 | 0 | 0 | 67 | 0 | 0 | 67 | 0 |
17-SEP | 0 | 66 | 0 | 0 | 66 | 0 | 0 | 66 | 0 |
18-SEP | 0 | 65 | 0 | 0 | 65 | 0 | 0 | 65 | 0 |
19-SEP | 0 | 63 | 0 | 0 | 63 | 0 | 0 | 63 | 0 |
20-SEP | 0 | 62 | 0 | 0 | 62 | 0 | 0 | 62 | 0 |
21-SEP | 0 | 61 | 0 | 0 | 61 | 0 | 0 | 61 | 0 |
22-SEP | 0 | 59 | 0 | 0 | 59 | 0 | 0 | 59 | 0 |
23-SEP | 0 | 58 | 0 | 0 | 58 | 0 | 0 | 58 | 0 |
24-SEP | 0 | 57 | 0 | 0 | 57 | 0 | 0 | 57 | 0 |
25-SEP | 0 | 55 | 0 | 0 | 55 | 0 | 0 | 55 | 0 |
26-SEP | 0 | 54 | 0 | 0 | 54 | 0 | 0 | 54 | 0 |
27-SEP | 0 | 52 | 0 | 0 | 52 | 0 | 0 | 52 | 0 |
28-SEP | 0 | 50 | 0 | 0 | 50 | 0 | 0 | 50 | 0 |
29-SEP | 0 | 49 | 0 | 0 | 49 | 0 | 0 | 49 | 0 |
30-SEP | 0 | 47 | 0 | 0 | 47 | 0 | 0 | 47 | 0 |
01-OCT | 0 | 45 | 0 | 0 | 45 | 0 | 0 | 45 | 0 |
02-OCT | 0 | 44 | 0 | 0 | 44 | 0 | 0 | 44 | 0 |
03-OCT | 0 | 42 | 0 | 0 | 42 | 0 | 0 | 42 | 0 |
04-OCT | 0 | 40 | 0 | 0 | 40 | 0 | 0 | 40 | 0 |
05-OCT | 0 | 38 | 0 | 0 | 38 | 0 | 0 | 38 | 0 |
06-OCT | 0 | 36 | 0 | 0 | 36 | 0 | 0 | 36 | 0 |
07-OCT | 0 | 34 | 0 | 0 | 34 | 0 | 0 | 34 | 0 |
08-OCT | 0 | 32 | 0 | 0 | 32 | 0 | 0 | 32 | 0 |
09-OCT | 0 | 30 | 0 | 0 | 30 | 0 | 0 | 30 | 0 |
10-OCT | 0 | 28 | 0 | 0 | 28 | 0 | 0 | 28 | 0 |
11-OCT | 0 | 26 | 0 | 0 | 26 | 0 | 0 | 26 | 0 |
12-OCT | 0 | 24 | 0 | 0 | 24 | 0 | 0 | 24 | 0 |
13-OCT | 0 | 21 | 0 | 0 | 21 | 0 | 0 | 21 | 0 |
14-OCT | 0 | 19 | 0 | 0 | 19 | 0 | 0 | 19 | 0 |
15-OCT | 0 | 17 | 0 | 0 | 17 | 0 | 0 | 17 | 0 |
16-OCT | 0 | 14 | 0 | 0 | 14 | 0 | 0 | 14 | 0 |
17-OCT | 0 | 12 | 0 | 0 | 12 | 0 | 0 | 12 | 0 |
18-OCT | 0 | 9 | 0 | 0 | 9 | 0 | 0 | 9 | 0 |
19-OCT | 0 | 7 | 0 | 0 | 7 | 0 | 0 | 7 | 0 |
20-OCT | 0 | 4 | 0 | 0 | 4 | 0 | 0 | 4 | 0 |
21-OCT | 0 | 2 | 0 | 0 | 2 | 0 | 0 | 2 | 0 |
Appendix 5: Rep 1.7.2004.
Appendix 1 Overview of the Plan Map
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Appendix 2 Inspection of Plan Map
Copies of the Plan Map may be inspected at the following offices:NSW Office of Water
Chelmsford Place
LEETON NSW 2705
Appendix 3 Rivers and lakes declared to be regulated rivers in the Murrumbidgee Regulated River Water Source
At the making of the Water Sharing Plan for the Murrumbidgee Regulated River Water Source Amendment Order 2012 the following rivers and lakes have been declared to be regulated rivers within the Murrumbidgee Regulated River Water Source:(1) Adelong Creek, that part which adjoins the generally northwestern boundary of portion 113 REM., Parish of Willie Ploma, County of Wynyard.
(2) Back Creek from its confluence with unnamed watercourse within portion 73, Parish of Uroly, County of Boyd, to its confluence with Pine Watercourse and Washpen Creek within portion 72, Parish of Uroly, County of Boyd.
(3) Beavers Creek.
(4) Billabong Creek from its junction with Colombo Creek to its confluence with the Edward River.
(5) Billabong Creek upstream from its confluence with Colombo Creek to the concrete dam situated between portion 63, Parish of Cocketgedong and portion 24, Parish of Nowranie both in the County of Urana.
(6) Bombowlee Creek from its confluence with the Tumut River within Portion 199, parish of Killimicat, County of Buccleuch, to its intersection with the northern boundary of the road between the aforesaid portion and Portion 75, Parish of Mundongo, County of Buccleuch.
(7) Bullenbong Creek from its junction with Old Man Creek to a point 305 metres upstream.
(8) Bundidgerry Creek from western boundary of portion 67, Parish of Berrembed, County of Bourke, downstream to western boundary of portion 253, Parish of Narrandera, County of Cooper.
(9) Colombo Creek from its offtake from Yanco Creek to its confluence with Billabong Creek.
(10) Coonooncoocabil Lagoon, County of Cooper.
(11) Cowabbie Creek from the western boundary of portion 224, Parish of Berrembed, County of Bourke, downstream to its confluence with Bundidgerry Creek.
(12) Cuddell Creek form the intersection point of creek bank and the common boundary between portions 4 and 5, Parish of Cuddell, County of Mitchell, to its confluence with Yanco Creek.
(13) Eringowarra Creek from its effluence with the Murrumbidgee River within portion 20, Parish of Bilda, County of Clarendon, downstream to a point 100 metres south of portion 18, within portion 34, parish of Bilda, County of Clarendon.
(14) Forest Creek from its offtake from Billabong Creek within T.S.R. 30139, Parish of Thulabin, County of Townsend downstream to Warriston Weir.
(15) Killimicat Creek from its juction with Nimbo Creek downstream to its junction with Brungle Creek.
(16) Island Creek offtaking from the Murrumbidgee River between portions 138 and 139, Parish of Tenandra, County of Clarenden.
(17) Island Lagoon in its entirety from its common effluence/confluence with the Murrumbidgee River, located within portion 209, Parish of Tooyal, County of Bourke.
(18) Murrumbidgee River from Taemas Bridge with the storage of Burrinjuck Dam downstream to the Murray River.
(19) Nimbo Creek.
(20) Nowranie Creek upstream from its confluence with Billabong Creek to the concrete dam situated within portion 27, Parish of Nowranie, County of Urana.
(21) Old Man Creek.
(22) Sheepwash Creek form its confluence with Billabong Creek within portion 49, Parish of Wanganella, County of Townsend, upstream to its intersection with the eastern boundary of said portion, parish and county.
(23) Tumut River from the upper limit of the storage of Blowering Dam downstream to the Murrumbidgee River.
(24) Unnamed watercourse (known locally as “The Washaway”) offtaking from the Tumut River within portion 40, Parish of Blowering, County of Buccleuch.
(25) Unnamed watercourse offtaking from the Murrumbidgee River within portion 21, Parish of Borambula, County of Wynyard, to its confluence with the Murrumbidgee River within portion 102, Parish of Borambula, County of Wynyard.
(26) Unnamed watercourse offtaking from the Murrumbidgee River in portion 39, Parish of Mundarlo, County of Wynyard, downstream to its confluence with the Murrumbidgee River.
(27) Unnamed watercourse offtaking from the Murrumbidgee River within portion 94, Parish of Uri, County of Boyd.
(28) Unnamed watercourse offtaking at two points from the Murrumbidgee River within portion 136, Parish of Tenandra, County of Clarenden.
(29) Unnamed watercourse formerly offtaking from a bend in the Murrumbidgee River within portion 13, Parish of Burt, County of Boyd and now cut off from a supply by construction of Gogeldrie Weir. Alternative supply is now obtained from diversion works constructed by the Crown in the form of a cutting and regulator offtaking from the pool of this weir in portion 8 of the said parish.
(30) Unnamed lagoon and unnamed watercourse located within portions 38, 15 and C.R. 482, Parish of Bundidgerry, County of Cooper.
(31) Unnamed watercourse connection an unnamed lagoon with Bundidgerry Creek within C.R. 482, Parish of Bundidgerry, County of Cooper.
(32) Unnamed lagoon, form its upstream effluence to its downstream confluence with Colombo Creek both located adjacent to Morundah Racecourse all within Reserve 67478, Parish of Waugh, County of Urana.
(33) Unnamed watercourse, from it confluence with Yanco Creek within portion 22, Parish of Moonbria, County of Townsend, to the earth dam located 158 metres upstream within portion 3, Parish of Moonbria, County of Townsend.
(34) Unnamed watercourse offtaking from Yanco Creek within portion 159, Parish of Bundure, County of Urana, to its upper limits within portion 58, Parish of Douglas, County of Urana.
(35) Unnamed watercourse from its offtake from an unnamed watercourse within portion 57, Parish of Douglas, County of Urana, and traversing portions 58, 61 and 156, Parish of Douglas, County of Urana.
(36) Unnamed watercourse (artificially improved), from its confluence with Yanco Creek within WR 1630 adjacent to portion 73, Parish of Uroly, County of Boyd, to its confluence with Back Creek within said portion.
(37) Unnamed watercourse from its offtake from Colombo Creek within Reserve 1631, east of Portion 127, Parish of Bingagong, County of Urana, downstream to its confluence with Yanco Creek within Portion 114, Parish of Bingagong, County of Urana.
(38) Unnamed watercourse from its junction with Yanco Creek, within Reserve 1630, fronting Portion 128, Parish of Uroly, County of Boyd, to its junction with another unnamed watercourse within Portion 132, Parish of Uroly, County of Boyd, at a point approximately 870 metres east from the western boundary and 50 metres south from the northern boundary of the said portion.
(39) Uri Creek from its junction with the Unnamed Watercourse offtaking from the Murrumbidgee River within portion 94, Parish of Uri, County of Boyd, downstream to its confluence with the Murrumbidgee River.
(40) Washpen Creek from its confluence with Pine Watercourse and Back Creek within portion 72, Parish of Uroly, County of Boyd to its confluence with Pine Watercourse and Woolshed Creek within the Road Reserve located between portions 163 and 176, Parish of Howell, County of Boyd.
(41) Woolshed Creek from its confluence with Pine Watercourse and Washpen Creek within Road Reserve between portions 163 and 176, Parish of Howell, County of Boyd, to its confluence with Yanco Creek within WR 1684 adjacent to portion 142, Parish of Howell, County of Urana.
(42) Yanco Creek from its offtake from the Murrumbidgee River to its confluence with Billabong Creek.
Appendix 4 Performance indicators
Performance indicators for the Murrumbidgee Regulated River Water Sharing Plan | |||
Performance indicator | Related objective | Assessed by: | Commentary |
Change in low flows. | 10 (a) 10 (b) 10 (c) 10 (g) | • Number of days per water year where flow is below natural 95th and 80th percentiles. • Average and maximum number of days per water year of continuous periods of flow which is below natural 95th and 80th percentiles. • Measurement at end of system and specified key sampling sites. | • River Flow Objectives (RFOs) 1 and 6. • Analysis would need to incorporate reference to seasonal indicators. • Long-term modelling will reflect the influence of climate on flows. • Appropriate data relating to flow distribution, such as summer/winter cropping balance, agronomical practices, on farm storage development, management and operation of environmental releases etc. • Baseline audit should be the modelled water sharing plan scenario (rather than natural flows). |
Change in moderate to high flows. | 10 (a) 10 (b) 10 (c) | • Number of days per water year where flow is above natural 30th 15th and 5th percentiles. • Average and maximum number of days per water year of continuous periods of flow which is above natural 30th, 15th and 5th percentiles. • Measurement at end of system and other key sampling sites in the water source. | • RFO 3. |
Change in water quality in this water source. | 10 (a) 10 (c) | • Assessment and statistical analysis of key water quality parameters, and relationship to flow. | • Plan rules will contribute to a long-term change in water quality by affecting flow regimes and flow management to address issues such as algal management. • Note that there are many non-water sharing plan related factors that affect water quality (eg land-based activities and thermal pollution). |
Change in ecological condition of this water source and dependent ecosystems. | 10 (a) 10 (b) 10 (c) | • Monitoring of ecological response to changed flow regimes, by integrated monitoring of environmental flows (IMEF). Each water source will have specific hypotheses from the set developed under the IMEF model. • Other relevant studies as may be undertaken in specific water sources. | • IMEF tests a number of hypotheses to indicate how elements of river ecology respond to different aspects of the flow regime (including environmental flow regimes, irrigation flows, and floods and wetland connectivity). |
Change in economic benefits derived from water extraction and use. | 10 (e) 10 (h) | • Change in regional gross margins versus annual total extractions based on year 1 benchmarks (as represented in IQQM). • Movement of water to higher value crops as measured by increases in area and/or water extracted by these enterprises versus lower value uses. • Change in unit price of water transferred. • Annual total volume of access licence transferred in each water year. | • Note that there are many factors affecting economic status of a region, such as commodity prices, other sources of water (eg groundwater). • The performance indicator is intended to isolate as much as possible the effects of water availability and price on the gross margin returns at a regional level. • Assessment undertaken as part of plan performance monitoring will make assumptions to attempt to identify the impact of the plan provisions. |
Extent to which basic landholder rights requirements have been met | 10 (d) | • Basic rights allowances made according to plan provisions/implementation program requirements. • Flows adequate to meet basic rights requirements (taking into consideration allowances for delivery). | • Basic rights usage figures in water sharing plans are estimated volumes (not actual use). • Basic rights represents a very small proportion of water extraction in regulated systems. |
Extent to which local water utility requirements have been met. | 10 (f) | • Percentage of years that reserves were adequate to satisfy urban water requirements. | |
Extent to which native title rights have been met. | 10 (j) | • Native title rights allowances made according to plan provisions and implementation program requirements. | |
Extent of recognition of spiritual, social and customary values of water to Aboriginal people. | 10 (j) | • Assessment of amount and type of information collected to identify the range of values of water to Aboriginal people. | • The collection of information on the values associated with water is considered the first step in addressing the objects of the Act. It would be expected that at the end of five years there should be relevant information collected for each water source, as a minimum requirement. |
Appendix 5 (Repealed)