Part 1 Introduction
Note—
Part 13 allows for amendments to be made to Part 1.
1 Name of Plan
This Plan is the Water Sharing Plan for the Greater Metropolitan Region Unregulated River Water Sources 2011 (hereafter this Plan).
2 Nature and status of this Plan
(1) This Plan is made under section 50 of the Water Management Act 2000 (hereafter the Act).(2) This Plan is a plan for water sharing and generally deals with the matters set out in sections 20 and 21 of the Act, as well as other sections of the Act.Note—Where a provision of this Plan is made under another section of the Act, the section is referred to in notes to this Plan.
3 Commencement of this Plan
This Plan commences on 1 July 2011.Notes—1In accordance with section 43 of the Act, this Plan will have effect for 10 years from 1 July 2011.2The 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.
4 Application of this Plan
(1) This Plan applies to the Greater Metropolitan Region Unregulated River Water Sources which is comprised of the following water sources (hereafter these water sources) within the Southern Water Management Area, the Hawkesbury Nepean Water Management Area, the Southern Sydney Water Management Area, and the Sydney Harbour Water Management Area:(a) Shoalhaven River Water Source,(b) Illawarra Rivers Water Source,(c) Upper Nepean and Upstream Warragamba Water Source,(d) Hawkesbury and Lower Nepean Rivers Water Source,(e) Southern Sydney Rivers Water Source, and(f) Northern Sydney Rivers Water Source.Note—The Southern Water Management Area, the Hawkesbury Nepean Water Management Area, the Southern Sydney Water Management Area and the Sydney Harbour 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) These water sources are shown on the Plan Map called Plan Map (WSP016_Version 2), Water Sharing Plan for the Greater Metropolitan Region Unregulated River Water Sources 2011 (hereafter the Plan Map) held by the Department.Note—The Plan Map is part of this Plan. An overview of the Plan Map is shown in Appendix 1. Copies of the Plan Map may be inspected at the offices listed in Appendix 3 and are available on the NSW legislation website.(3) Subject to subclause (4), these water sources include all water:(a) occurring naturally on the surface of the ground within the boundaries of these water sources shown on the Plan Map, and(b) in rivers, lakes, estuaries and wetlands within the boundaries of these water sources show on the Plan Map.(4) These water sources do not include water contained in:(a) the coastal sands,(b) any fractured rocks or porous rocks,(c) the area below the mangrove limit,(d) (Repealed)(e) any alluvial sediments, and(f) the Mooney Mooney Creek Water Source and the Mangrove Creek Water Source as defined in the Water Sharing Plan for the Central Coast Unregulated Water Sources 2009.(5) This Plan, as amended by the Water Sharing Plan for the Greater Metropolitan Region Unregulated River Water Sources Amendment Order 2016, replaces the Water Sharing Plan for the Kangaroo River Water Source 2003.cl 4: Am 2014 (205), Sch 1 [1]; 2016 (377), Sch 1 [1]–[3].
5 Management zones
(1) For the purposes of this Plan, the following water sources are divided into the following management zones:(a) Shoalhaven River Water Source:(i) Upper Shoalhaven River Management Zone,(ii) Mid Shoalhaven River Management Zone,(iii) Reedy Creek Management Zone,(iv) Boro Creek Management Zone,(v) Mongarlowe River Management Zone,(vi) Corang and Endrick Rivers Management Zone,(vii) Nerrimunga Creek Management Zone,(viii) Bungonia Creek Management Zone,(ix) Shoalhaven River Gorge Management Zone,(x) Barbers Creek Management Zone,(xi) Fitzroy Falls Management Zone,(xii) Yarrunga Creek Management Zone,(xiii) Lower Kangaroo River Management Zone,(xiv) Bundanoon Creek Management Zone,(xv) Lower Shoalhaven River Management Zone,(xvi) Bomaderry Creek Management Zone,(xvii) Lower Shoalhaven River Catchment Management Zone,(xviii) Broughton Creek Management Zone,(xix) Broughton Mill Creek Management Zone,(xx) Jaspers Brush Creek and Tributaries Management Zone, and(xxi) Kangaroo River Management Zone,(b) Illawarra Rivers Water Source:(i) Minnamurra River Management Zone,(ii) Minnamurra Coastal Management Zone,(iii) Lake Illawarra Management Zone,(iv) Macquarie Rivulet Management Zone, and(v) Wollongong Coastal Management Zone,(c) Upper Nepean and Upstream Warragamba Water Source:(i) Mulwaree River Management Zone,(ii) Upper Wollondilly River Management Zone,(iii) Lower Wollondilly River Management Zone,(iv) Upper Wingecarribee River Management Zone,(v) Lower Wingecarribee River Management Zone,(vi) Medway Rivulet Management Zone,(vii) Nattai River Management Zone,(viii) Little River Management Zone,(ix) Lake Burragorang Management Zone,(x) Werriberri Creek Management Zone,(xi) Maldon Weir Management Zone, which includes the storage of Douglas Park Weir but does not include the storage of Pheasants Nest Weir,(xii) Pheasants Nest Weir to Nepean Dam Management Zone, which includes the storage of Pheasants Nest Weir but does not include the storage of Nepean Dam,(xiii) Maguires Crossing Management Zone, which includes the storage of Nepean Dam,(xiv) Stonequarry Creek Management Zone,(xv) Lower Cataract River Management Zone, which does not include the storage of Broughtons Pass Weir,(xvi) Mid Cataract River Management Zone, which includes the storage of Broughtons Pass Weir but does not include the storage of Cataract Dam,(xvii) Avon River Management Zone, which does not include the storage of Avon Dam,(xviii) Cordeaux River Management Zone, which does not include the storage of Cordeaux Dam,(xix) Upper Nepean River Tributaries Headwaters Management Zone which includes the storages of Cataract Dam, Cordeaux Dam and Avon Dam,(xx) Wywandy Management Zone,Note—The Wywandy Management Zone includes the hydrological catchment of the Coxs River at and above the Lake Lyell exclusion zone 200 metres downstream of the wall of Lilyvale Dam.(xxi) Dharabuladh Management Zone,Note—The Dharabuladh Management Zone includes the hydrological catchment of the Coxs River between the Wywandy Management Zone and the confluence of Coxs River and Jenolan River.(xxii) Jenolan River Management Zone,(xxiii) Kowmung River Management Zone, and(xxiv) Kedumba River Management Zone,(d) Hawkesbury and Lower Nepean Rivers Water Source:(i) Menangle Weir Management Zone, which includes the storage of Menangle Weir but does not include the storage of Douglas Park Weir,(ii) Camden Weir Management Zone, which includes the storages of Camden Weir, Thurns Weir and Bergins Weir but does not include the storage of Menangle Weir,(iii) Sharpes Weir Management Zone, which includes the storage of Sharpes Weir but does not include the storage of Camden Weir,(iv) Cobbity Weir Management Zone, which includes the storage of Cobbity Weir but does not include the storage of Sharpes Weir,(v) Mount Hunter Rivulet Weir Management Zone, which includes the storage of Mount Hunter Rivulet Weir but does not include the storage of Cobbity Weir,(vi) Brownlow Hill Weir Management Zone, which includes the storage of Brownlow Hill Weir but does not include the storage of Mount Hunter Rivulet Weir,(vii) Theresa Park Weir Management Zone, which includes the storage of Theresa Park Weir but does not include the storage of Brownlow Hill Weir,(viii) Wallacia Weir Management Zone, which includes the storage of Wallacia Weir but does not include the storage of Theresa Park Weir,(ix) Mid Nepean River Catchment Management Zone,(x) Warragamba River Management Zone,(xi) Lower Nepean River Management Zone,(xii) Erskine Creek and Glenbrook Creek Management Zone,(xiii) Grose River Management Zone,(xiv) Capertee River Management Zone,(xv) Colo River Management Zone,(xvi) Upper Hawkesbury River (Grose River to South Creek) Management Zone,(xvii) Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone,(xviii) Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone,(xvix) Lower Hawkesbury River Management Zone,(xx) Macdonald River Management Zone,(xxi) Upper South Creek Management Zone,(xxii) Lower South Creek Management Zone,(xxiii) Cattai Creek Management Zone, and(xxiv) Berowra Creek and Cowan Creek Management Zone,(e) Southern Sydney Rivers Water Source:(i) Upper Woronora River Management Zone,(ii) Lower Woronora River Management Zone,(iii) Hacking River Management Zone,(iv) Lower Georges River and Bunbury Curran Creek Management Zone,(v) Cabramatta Creek Management Zone,(vi) Prospect Creek Management Zone,(vii) Georges River Catchment Management Zone,(viii) Cooks River and Botany Bay Management Zone, and(ix) Southern Sydney Coastal Management Zone,(f) Northern Sydney Rivers Water Source:(i) Upper Parramatta River Management Zone,(ii) Lower Parramatta River Management Zone,(iii) Lane Cove River Management Zone,(iv) Middle Harbour Management Zone, and(v) Northern Sydney Coastal Management Zone.(2) The management zones in subclause (1) are shown on the Plan Map.cl 5: Am 2014 (205), Sch 1 [2]; 2016 (377), Sch 1 [4].
6 Extraction management units in these water sources
(1) This Plan establishes the following extraction management units (hereafter the EMUs):(a) Shoalhaven River Extraction Management Unit which applies to the water source specified in item (a) of Column 2 of Table A,(b) Illawarra Rivers Extraction Management Unit which applies to the water source specified in item (b) of Column 2 of Table A,(c) Upper Nepean and Upstream Warragamba Extraction Management Unit which applies to the water source specified in item (c) of Column 2 of Table A,(d) Hawkesbury and Lower Nepean Rivers Extraction Management Unit which applies to the water source specified in item (d) of Column 2 of Table A,(e) Southern Sydney Rivers Extraction Management Unit which applies to the water source specified in item (e) of Column 2 of Table A, and(f) Northern Sydney Rivers Extraction Management Unit which applies to the water source specified in item (f) of Column 2 of Table A.(2) The EMUs are shown on the Plan Map.Notes—1A long-term average annual extraction limit is established in Part 7 of this Plan for each extraction management unit. The long-term average annual extraction limit determines the maximum volume of water that may be extracted under access licences from all water sources within the extraction management unit on a long-term average annual basis.2The EMUs, and any water source to which the EMUs apply, may be amended as provided for in Part 13 of this Plan.Table A—Extraction Management Units
7 Understanding the rules in this Plan
This Plan contains various rules. Where appropriate, rules specified in this Plan are given effect by mandatory conditions for access licences and approvals contained in Part 12 of this Plan.Note—The rules in this Plan include environmental water rules, system operation rules, access licence dealing rules, rules for granting and managing access licences, rules for water supply work approvals, rules for the making of available water determinations, water allocation account rules and daily access rules.
8 Interpretation
(1) Words and expressions that are defined in the Dictionary in Schedule 1 of this Plan have the meaning set out in that Schedule.(2) Unless otherwise defined in this Plan, words and expressions that are defined in the Act or in the regulations made under the Act have the same meaning in this Plan.(3) Unless otherwise specified in this Plan, a clause that applies to a category of access licence also applies to any subcategories of that category of access licence.(4) Schedules to this Plan form part of this Plan.(5) Notes in the text of this Plan do not form part of this Plan.(6) Appendices to this Plan do not form part of this Plan.cl 8: Am 2014 (205), Sch 1 [3].
Part 2 Vision, objectives, strategies and performance indicators
Note—
This Part is made in accordance with section 35 (1) of the Act.
9 Vision statement
(1) The vision of this Plan is to provide for healthy and enhanced water sources and water dependent ecosystems and for equitable water sharing among users in these water sources.(2) This Plan was developed with the recognition that the sharing of waters in these water sources contributes to:(a) Aboriginal peoples pursuing their economic, social and cultural development, and maintaining and strengthening their spiritual and customary relationship to the water, and(b) the involvement of Aboriginal peoples in the conservation, protection and management of these water sources.
9A Acknowledgement
Respect is paid to the traditional owners of this country, who are acknowledged as the first natural resource managers within these water sources.cl 9A: Ins 2016 (377), Sch 1 [5].
10 Objectives
The objectives of this Plan are to:(a) provide for the water supply for the people of Sydney, the Illawarra, the Shoalhaven, the Southern Highlands and the Blue Mountains, which comprise approximately 70% of the NSW population,(b) contribute to the sustainable and integrated management of the water cycle across these water sources,(c) protect, preserve, maintain and enhance the important river flow dependent and high priority groundwater dependent ecosystems of these water sources,(d) protect, preserve, maintain and enhance the Aboriginal, cultural and heritage values of these water sources,(e) protect basic landholder rights,(f) manage these water sources to ensure equitable sharing between users,(g) contribute to the sustainable development of those industries reliant on surface water,(h) provide security and certainty for the life of the plan to stakeholders that utilise water resources,(i) provide opportunities for enhanced market based trading of access licences and water allocations within environmental and system constraints,(j) provide water allocation account management rules which allow sufficient flexibility to encourage responsible use of available water,(k) contribute to the maintenance of water quality,(l) provide recognition of the connectivity between surface water and groundwater,(m) adaptively manage these water sources,(n) limit the physical transfer of water between water sources where those transfers might compromise the health of the water source and water dependent ecosystems in the water source from or to which water is transferred,(o) implement Government decisions on environmental flow regimes for the Upper Nepean and Upstream Warragamba Water Source, the Hawkesbury and Lower Nepean Rivers Water Source, the Southern Sydney Rivers Water Source and the Shoalhaven River Water Source, and(p) contribute to the environmental and other public benefit outcomes identified under the Water Access Entitlements and Planning Framework in the Intergovernmental Agreement on a National Water Initiative (2004) (the NWI).Note—Under the NWI, water that is provided by NSW to meet agreed environmental and other public benefit outcomes as defined within relevant water plans is to:(i) be given statutory recognition and have at least the same degree of security as water access entitlements for consumptive use and be fully accounted for,(ii) be defined as the water management arrangements required to meet the outcomes sought, including water provided on a rules basis or held as a water access entitlement, and(iii) if held as a water access entitlement, may be made available to be traded (where physically possible) on the temporary market, when not required to meet the environmental and other public benefit outcomes sought and provided such trading is not in conflict with these outcomes.
11 Strategies
The strategies of this Plan are to:(a) establish performance indicators,(b) establish environmental water rules,(c) identify water requirements for basic landholder rights,(d) identify water requirements for access licences,(e) establish rules for the granting and amending of access licences and approvals,(f) establish rules that place limits on the availability of water for extraction,(g) establish rules for making available water determinations,(h) establish rules for the operation of water allocation accounts,(i) establish rules which specify the circumstances under which water may be taken,(j) establish access licence dealing rules, and(k) identify triggers for and limits to changes to the rules in this Plan.cl 11: Subst 2016 (377), Sch 1 [6].
12 Performance indicators
The following performance indicators are to be used to measure the success of the strategies of this Plan in reaching the objectives of this Plan:(a) change in low flow regime,(b) change in moderate to high flow regime,(c) change in surface water extraction relative to the long-term average annual extraction limits,(d) change in water quality in these water sources,(e) change in the ecological condition of these water sources and their dependent ecosystems,(f) the change in the extent to which domestic and stock rights and native title rights requirements have been met,(g) the change in economic benefits derived from water extraction and use,(h) the change in the extent to which water has been made available in recognition of the Aboriginal, cultural and heritage values of these water sources.cl 12: Subst 2016 (377), Sch 1 [7].
Part 3 Bulk access regime
13 Bulk access regime
(1) This Plan establishes a bulk access regime for the extraction of water under access licences in these water sources, having regard to:(a) the environmental water rules established in Part 4 of this Plan,(b) the requirements for water for basic landholder rights identified in Division 2 of Part 5 of this Plan,(c) the requirements for water for extraction under access licences identified in Division 3 of Part 5 of this Plan, and(d) the access licence dealing rules established in Part 11 of this Plan.(2) The bulk access regime established in this Plan for these water sources:(a) recognises and is consistent with the limits to the availability of water set in relation to these water sources contained in Division 1 of Part 7 of this Plan,(b) establishes rules according to which access licences are to be granted and managed contained in Parts 8 and 9 of this Plan, and available water determinations to be made contained in Division 2 of Part 7 of this Plan,(c) recognises the effect of climatic variability on the availability of water as described in clause 14,(d) establishes rules with respect to the priorities according to which water allocations are to be adjusted as a consequence of any reductions in the availability of water due to an increase in average annual extraction above the long-term average annual extraction limit, contained in Division 1 of Part 7 of this Plan,(e) contains provisions with respect to the conditions that must be imposed as mandatory conditions on access licences, contained in Division 2 of Part 12 of this Plan, and(f) recognises and is consistent with the water management principles contained in section 5 of the Act.cl 13: Am 2014 (205), Sch 1 [4] [5].
14 Climatic variability
This Plan recognises the effects of climatic variability on river flow in these water sources by provisions that:(a) manage the sharing of water in these water sources within the limits of water availability on a long-term average annual basis and the priorities according to which water allocations are to be adjusted as a consequence of any reductions in the availability of water due to an increase in average annual extraction above the long-term average annual extraction limit, contained in Division 1 of Part 7 of this Plan, and(b) manage the sharing of water in specified water sources on a daily basis in these water sources, contained in Division 2 of Part 9 of this Plan.Note—Other statutory tools are available to manage climatic variability within a water source, for example, temporary water restrictions under section 324 of the Act.cl 14: Am 2016 (377), Sch 1 [8].
Part 4 Planned environmental water provisions
pt 4, hdg: Am 2014 (205), Sch 1 [6].
pt 4, div 1, hdg: Rep 2014 (205), Sch 1 [8].
Note—
This Part is made in accordance with sections 8, 8A and 20 of the Act.
pt 4, note: Am 2014 (205), Sch 1 [7].
15 General
This Part contains environmental water rules for the commitment, identification, establishment and maintenance of planned environmental water in these water sources.Note—In accordance with the Act, planned environmental water is water that is committed by management plans for fundamental ecosystem health or other specified environmental purposes, either generally or at specified times or in specified circumstances, and that cannot to the extent committed be taken or used for any other purpose.cl 15: Am 2016 (377), Sch 1 [9].
16 Commitment and identification of planned environmental water
(1) Planned environmental water is committed and identified in these water sources as set out in this clause.(2) Water is committed and identified as planned environmental water in the Upper Nepean and Upstream Warragamba Water Source and the Hawkesbury and Lower Nepean Rivers Water Source in the following ways:(a) by reference to the commitment of the physical presence of water in the water source,(b) by reference to the long-term average annual commitment of water as planned environmental water, and(c) by reference to the water that is not committed after the commitments to basic landholder rights and for sharing and extraction under any other rights have been met.(3) Water is committed and identified as planned environmental water in the Shoalhaven River Water Source, Illawarra Rivers Water Source, Southern Sydney Rivers Water Source and the Northern Sydney Rivers Water Source in the following ways:(a) by reference to the commitment of the physical presence of water in the water source, and(b) by reference to the water that is not committed after the commitments to basic landholder rights and for sharing and extraction under any other rights have been met.
17 Establishment and maintenance of planned environmental water
(1) Planned environmental water is established and maintained in these water sources as set out in this clause.(2) Planned environmental water in these water sources is established as follows:(a) it is the physical presence of water that:(i) results from the environmental release rules specified in Part 6 for the Shoalhaven River Water Source, Upper Nepean and Upstream Warragamba Water Source, Hawkesbury and Lower Nepean Rivers Water Source and the Southern Sydney Rivers Water Source, andNote—The rules in Part 6 require daily releases of water to be made from storages in the Shoalhaven River Water Source, Upper Nepean and Upstream Warragamba Water Source, Hawkesbury and Lower Nepean Rivers Water Source and the Southern Sydney Rivers Water Source and establish environmental contingency allowance accounts for those storages.(ii) results from the access rules specified in Division 2 of Part 9 of this Plan,Note—The rules in Division 2 of Part 9 of this Plan set flow rates or flow levels below which the taking of water is not permitted. Some limited exemptions apply.(b) it is the long-term average annual commitment of water as planned environmental water in the Upper Nepean and Upstream Warragamba Water Source and the Hawkesbury and Lower Nepean Rivers Water Source that results from the application of the environmental release rules as specified in Part 6, the available water determination rules as specified in Division 2 of Part 7, the water allocation account management rules as specified in Division 1 of Part 9, and the long-term average annual extraction limit as specified in Division 1 of Part 7,(c) it is the water remaining after water has been taken pursuant to basic landholder rights and access licences in accordance with the rules specified in Part 7 and Part 9.(3) The planned environmental water established under subclause (2) (a) is maintained in:(a) the Shoalhaven River Water Source, the Upper Nepean and Upstream Warragamba Water Source, the Hawkesbury and Lower Nepean Rivers Water Source and the Southern Sydney Rivers Water Source by the environmental release rules specified in Part 6, and(b) these water sources by the rules specified in Part 7 and Division 1 of Part 9 of this Plan.(4) The planned environmental water established in subclause (2) (b) is maintained in the Upper Nepean and Upstream Warragamba Water Source and the Hawkesbury and Lower Nepean Rivers Water Source by the rules in Part 7 which limit the water available for extraction under access licences.(5) The planned environmental water established under subclause (2) (c) is maintained in these water sources by the rules specified in Parts 7 and 9.Note—The rules in Part 7 ensure that there will be water remaining in these water sources over the long-term by maintaining compliance with the long-term average annual extraction limit, which is less than 100% of the long-term average water available. The rules in Part 7 provide for a reduction in available water determinations when the long-term average annual extraction limit has been assessed to have been exceeded.Note—The rules in Part 7 ensure that there will be water remaining in these water sources over the long-term by maintaining compliance with the long-term average annual extraction limit, which is less than 100% of the long-term average water available. The rules in Part 7 provide for a reduction in available water determinations when the long-term average annual extraction limit has been assessed to have been exceeded.cl 17: Am 2016 (377), Sch 1 [10].pt 4, div 2 (cl 18): Rep 2014 (205), Sch 1 [9].
18 (Repealed)
pt 4, div 2 (cl 18): Rep 2014 (205), Sch 1 [9].
Part 5 Requirements for water
Division 1 General
19 Application
(1) This Part identifies the requirements for water from these water sources for basic landholder rights (Division 2) and for extraction under access licences (Division 3).(2) The amounts of water specified in this Part represent the estimated water requirements of persons entitled to basic landholder rights in these water sources and the total volumes or unit shares specified in the share components of all access licences in these water sources. The actual volumes of water available for extraction in these water sources at any time will depend on factors such as climatic variability, access licence priority and the rules in this Plan.(3) This Plan recognises that basic landholder rights in these water sources and the total share components of all access licences authorised to extract water from these water sources may change during the term of this Plan. This Plan manages such changes by having provisions that manage the sharing of water within the limits of water availability, as provided for in Division 1 of Part 7 of this Plan.Note—The total share components of access licences in these water sources may change during the terms of this Plan as a result of:(a) the granting, surrender or cancellation of access licences in these water sources,(b) the variation of local water utility licences under section 66 of the Act, or(c) changes due to the volumetric conversion of Water Act 1912 entitlements that are currently non-volumetric.
Division 2 Requirements for water for basic landholder rights
20 Domestic and stock rights
The water requirements of persons entitled to domestic and stock rights within these water sources are estimated to total 88.3 megalitres per day (hereafter ML/day), distributed as follows:(a) 13.6 ML/day in the Shoalhaven River Water Source,(b) 4 ML/day in the Illawarra Rivers Water Source,(c) 21 ML/day in the Upper Nepean and Upstream Warragamba Water Source,(d) 25.4 ML/day in the Hawkesbury and Lower Nepean Rivers Water Source,(e) 13.2 ML/day in the Southern Sydney Rivers Water Source, and(f) 11.1 ML/day in the Northern Sydney Rivers Water Source.Notes—1Domestic and stock rights are set out in Division 1 of Part 1 of Chapter 3 of the Act and must be exercised in accordance with any mandatory guidelines established under the Act with respect to the taking and use of water for domestic consumption or stock watering.2Inherent water quality and land use activities may make the water in some areas unsuitable for human consumption. Water from these water sources should not be consumed without first being tested and, if necessary, appropriately treated. Such testing and treatment is the responsibility of the water user.cl 20: Subst 2016 (377), Sch 1 [11].
21 Native title rights
The water requirements of persons entitled to native title rights within these water sources are estimated to be 26.6 megalitres per year (hereafter ML/year) in the Kangaroo River Management Zone in the Shoalhaven River Water Source.Note—A change in native title rights may occur pursuant to the provisions of the Native Title Act 1993 (Cth).cl 21: Subst 2016 (377), Sch 1 [12].
22 Harvestable rights
The requirement for water under harvestable rights in these water sources is 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 Part 1 of Chapter 3 of the Act.
Division 3 Requirements for water for extraction under access licences
23 Share components of domestic and stock access licences
It is estimated that the share components of domestic and stock access licences authorised to take water from these water sources will total 2,344.6 ML/year, distributed as follows:(a) 243.4 ML/year in the Shoalhaven River Water Source,(b) 109 ML/year in the Illawarra Rivers Water Source,(c) 440.7 ML/year in the Upper Nepean and Upstream Warragamba Water Source,(d) 1,498.5 ML/year in the Hawkesbury and Lower Nepean Rivers Water Source,(e) 47.5 ML/year in the Southern Sydney Rivers Water Source, and(f) 5.5 ML/year in the Northern Sydney Rivers Water Source.cl 23: Subst 2016 (377), Sch 1 [13].
24 Share components of local water utility access licences
It is estimated that the share components of local water utility access licences authorised to take water from these water sources will total 36,544 ML/year, distributed as follows:(a) 27,031 ML/year in the Shoalhaven River Water Source,(b) 0 ML/year in the Illawarra Rivers Water Source,(c) 8,539 ML/year in the Upper Nepean and Upstream Warragamba Water Source,(d) 974 ML/year in the Hawkesbury and Lower Nepean Rivers Water Source,(e) 0 ML/year in the Southern Sydney Rivers Water Source, and(f) 0 ML/year in the Northern Sydney Rivers Water Source.cl 24: Subst 2016 (377), Sch 1 [14].
25 Share components of unregulated river access licences
It is estimated that the share components of unregulated river access licences authorised to take water from these water sources will total 126,591.5 unit shares, distributed as follows:(a) 10,976.8 unit shares in the Shoalhaven River Water Source,(b) 2,936.4 unit shares in the Illawarra Rivers Water Source,(c) 15,540.2 unit shares in the Upper Nepean and Upstream Warragamba Water Source,(d) 91,984.1 unit shares in the Hawkesbury and Lower Nepean Rivers Water Source,(e) 3,294 unit shares in the Southern Sydney Rivers Water Source, and(f) 1,860 unit shares in the Northern Sydney Rivers Water Source.cl 25: Subst 2016 (377), Sch 1 [15].
26 Share components of major utility access licences
It is estimated that the share components of major utility access licences authorised to take water from these water sources will total 1,032,075 ML/year, distributed as follows:(a) 329,000 ML/year in the Shoalhaven River Water Source,Note—329,000 ML/year is solely for Water NSW. This does not include any entitlement of Eraring Energy to interchange up to a maximum of 4,021 ML/year at any time between Lake Yarrunga and Fitzroy Falls, 880 ML/year at any time between Bendeela Pondage and Lake Yarrunga, and up to 10,000 ML/year between Lake Yarrunga and Fitzroy Falls in times of unusually high power demand or failure of generating stations in the state energy grid.(b) 0 ML/year in the Illawarra Rivers Water Source,(c) 645,000 ML/year in the Upper Nepean and Upstream Warragamba Water Source,Note—645,000 ML/year comprises 620,000 ML/year for Water NSW and 25,000 ML/year for Delta Electricity.(d) 26,075 ML/year in the Hawkesbury and Lower Nepean Rivers Water Source,Note—26,075 ML/year comprises 6,000 ML/year for Water NSW and 20,075 ML/year for Sydney Water Corporation.(e) 32,000 ML/year in the Southern Sydney Rivers Water Source, andNote—32,000 ML/year is for Water NSW.(f) 0 ML/year in the Northern Sydney Rivers Water Source.cl 26: Am 2014 No 74, Sch 3.48 [1]; 2016 (377), Sch 1 [16].
Part 6 System operation rules
27 General
The rules in this Part apply to the Shoalhaven River Water Source, the Upper Nepean and Upper Warragamba Water Source, the Hawkesbury and Lower Nepean Rivers Water Source and the Southern Sydney Rivers Water Source.Note—Part 13 allows for amendments to be made to this Part.
28 Environmental flow releases in the Shoalhaven River Water Source
(1) In the Shoalhaven River Water Source:(a) subject to paragraph (b), daily releases of water must be made over Fitzroy Falls from Fitzroy Falls Reservoir so that by the end of each month, five thirds of the month’s inflows from Wildes Meadow Creek to Fitzroy Falls Reservoir have been released and/or spilt,(b) releases under paragraph (a) are not required to be made when Fitzroy Falls Reservoir is spilling at a rate that equals or exceeds the release requirement specified in paragraph (a), and(c) for the purpose of this subclause:(i) the volume of water released must be measured at the Yarrunga Creek at Fitzroy Falls gauge (215234) or at such alternative flow reference points or by such methods as determined in writing by the Minister, and(ii) inflows from Wildes Meadow Creek to Fitzroy Falls Reservoir must be measured at the Yarrunga Creek at Wildes Meadow gauge (215233) or at such alternative flow reference points or by such methods as determined in writing by the Minister.(2) In the Shoalhaven River Water Source, a daily release of water must be made from Tallowa Dam which is equal to:(a) the daily inflows to Lake Yarrunga, when the daily inflow is less than or equal to the monthly 80th percentile flow, and(b) the monthly 80th percentile flow plus 20% of the difference between daily inflows and the monthly 80th percentile flow when the daily inflow is greater than the monthly 80th percentile flow.Notes—1Lake Yarrunga is the storage created by Tallowa Dam. The monthly 80th percentile flow is estimated at the commencement of this Plan to equate to the flow specified in Column 2 of Table B below for the month specified in Column 1 of Table B. The monthly 80th percentile flow is reassessed periodically in consultation with Water NSW and the Ministerial Corporation.2Table B below shows the monthly 80th percentile flow for Lake Yarrunga.Table B—monthly 80th percentile flow for Lake Yarrunga
29 Releases for Shoalhaven City Council from Tallowa Dam in the Shoalhaven River Water Source
(1) In the Shoalhaven River Water Source, Water NSW must release from Tallowa Dam the water requirements of Shoalhaven City Council in accordance with the former Sydney Catchment Authority and Shoalhaven City Council Raw Water Supply Protocols signed on 5 January 2010 or as subsequently replaced or amended.Note—The former Sydney Catchment Authority and Shoalhaven City Council Raw Water Supply Protocols were signed on 5 January 2010 and established the commercial and operational arrangements under which the Sydney Catchment Authority supplies bulk raw water to the Shoalhaven City Council. Water NSW replaced the Sydney Catchment Authority on the commencement of the Water NSW Act 2014.(2) Releases of water under subclause (1) are not required to be made where:(a) the release requirements cannot be met due to an emergency situation and the holder of the water supply work approval notifies the Minister in writing within 7 days of becoming aware of the emergency,(b) the Minister is satisfied that the release requirements cannot be met due to water supply work capacity constraints or necessary maintenance, refurbishment or modification work that has the potential to temporarily affect the flow rate or behaviour of water for a period of more than 24 hours and has granted permission in writing,(c) the Minister requires an alternate release to be made due to an emergency situation or a maintenance activity and has notified this in writing, or(d) Tallowa Dam is spilling at a rate that equals or exceeds the release requirement under subclause (1).cl 29: Am 2014 No 74, Sch 3.48 [3]; 2016 (377), Sch 1 [17].
30 Transfer rules from the Shoalhaven River Water Source to the Upper Nepean and Upstream Warragamba Water Source
(1) Water NSW must not commence transferring water from the Shoalhaven River Water Source to the Upper Nepean and Upstream Warragamba Water Source unless:(a) the total volume of water in Water NSW storages within these water sources is less than 75% of total storage capacity of those storages, and(b) the level of water in Lake Yarrunga is equal to or greater than 55.34 metres.(2) Water NSW must cease transferring water from the Shoalhaven River Water Source to the Upper Nepean and Upstream Warragamba Water Source when either:(a) the total volume of water in Water NSW’s storages within these water sources is equal to or greater than 80% of total storage capacity of those storages, or(b) the level of water in Lake Yarrunga is less than 55.34 metres.Notes—1Water NSW storages referred to in this clause are Cataract Dam, Cordeaux Dam, Upper Cordeaux No. 2 Dam, Upper Cordeaux No. 1 Dam, Avon Dam, Nepean Dam, Woronora Dam, Warragamba Dam, Prospect Reservoir, Wingecarribee Reservoir, Fitzroy Falls Reservoir, Bendeela Pondage, Tallowa Dam, Medlow Dam, Greaves Creek Dam, and Cascade Dams 1, 2 and 3.2A level of water of 55.34 metres in Lake Yarrunga equates to 1 metre below Full Supply Level for Tallowa Dam.3Total storage capacity and Full Supply Level are defined in the Dictionary.cl 30: Am 2014 No 74, Sch 3.48 [4].
31 Interchange rules for Fitzroy Falls Reservoir and Lake Yarrunga in the Shoalhaven River Water Source
The interchange of water between Fitzroy Falls Reservoir in the Fitzroy Falls Management Zone, Lake Yarrunga in the Lower Kangaroo River Management Zone and the Shoalhaven River Gorge Management Zone in the Shoalhaven River Water Source must be managed in accordance with the following:(a) Subject to paragraph (c), Eraring Energy may interchange up to 4,021 megalitres between Fitzroy Falls Reservoir and Lake Yarrunga, provided that the interchange is made in accordance with procedures determined in writing by the Minister. This paragraph does not apply where paragraphs (b) and (d) apply,Water is interchanged by Eraring Energy between Fitzroy Falls Reservoir and Lake Yarrunga via Bendeela Pondage.(b) Eraring Energy may, under conditions of unusually high power demand or in the event of a failure of other power generating stations in the State energy network, interchange up to 10,000 megalitres between Fitzroy Falls Reservoir and Lake Yarrunga, subject to the agreement in writing of Water NSW. This paragraph does not apply where paragraph (d) applies,(c) Eraring Energy may divert water for the purpose of electricity generation from Fitzroy Falls Reservoir to Lake Yarrunga, provided that:(i) any requirements for daily releases under clause 28 (1) are being met, andThis paragraph does not apply where paragraphs (b) and (d) apply,(ii) water diverted from Fitzroy Falls Reservoir for the purpose of electricity generation is surplus to the requirements of Water NSW.(d) in the event that Eraring Energy is required to operate for the purposes of “black start” then it may undertake power generation for the period required to restore the State electrical system, andNote—Black start is defined in the Dictionary. Any power generation which occurs under paragraph (d) will be under the direction and control of the National Electricity Market Management Company in accordance with the powers given to it via the National Electricity Code.(e) for the purpose of this clause, the volumes of water interchanged or diverted are to be measured in a manner approved in writing by the Minister.cl 31: Subst 2014 (205), Sch 1 [12]. Am 2014 No 74, Sch 3.48 [5]; 2015 No 15, Sch 2.57 [1]–[7].
32 Environmental flow releases in the Upper Nepean and Upstream Warragamba Water Source
(1) Subject to subclause (12), in addition to the daily release requirement specified in clause 33 (1), a daily release of water must be made from Wingecarribee Reservoir into the Wingecarribee River equal to 3 ML/day.(2) The volume of water released under subclause (1) must be measured at the Wingecarribee River at Sheepwash Bridge gauge (212275) or at such alternative flow reference points or by such methods as determined in writing by the Minister.(3) In the Upper Nepean and Upstream Warragamba Water Source, daily releases of water must be made from Avon Dam in accordance with the following:(a) subject to subclause (12), when the daily inflows into Lake Avon are less than or equal to the 80th percentile daily inflow, a daily release of water which is equal to the daily inflows must be made,Note—6.8 ML/day corresponds to the estimated 80th percentile daily inflow.(b) subject to subclause (12), when the daily inflows into Lake Avon are greater than the 80th percentile daily inflow, a daily release of water which is equal to the 80th percentile daily flow plus 20% of the daily inflows above the 80th percentile daily inflow must be made,(c) for the purposes of paragraphs (a) and (b):(i) daily inflows into Lake Avon must be calculated by a method approved in writing by the Minister either:(A) taking into account flows measured at the Avon River at Summit Tank gauge (2122111) and the Flying Fox No. 3 Creek at Fire Road gauge (2122112), or such alternate flow reference points as determined in writing by the Minister, and an estimate of any other tributary inflows, or(B) taking into account changes in water storage levels, net evaporation, other losses and outflows, and(ii) the volume of water released must be measured in a manner approved in writing by the Minister.(4) In the Upper Nepean and Upstream Warragamba Water Source, daily releases of water must be made from Cataract Dam in accordance with the following:(a) subject to subclause (12), when the daily inflows into Lake Cataract are less than or equal to the 80th percentile daily inflow, a daily release of water which is equal to the daily inflows must be made,Note—14.5 ML/day corresponds to the estimated 80th percentile daily inflow.(b) subject to subclause (12), when the daily inflows into Lake Cataract are greater than the 80th percentile daily inflow, a daily release of water which is equal to the 80th percentile daily inflow plus 20% of the inflow volume above the 80th percentile daily inflow must be made,(c) for the purposes of paragraphs (a) and (b):(i) daily inflows into Lake Cataract must be calculated by a method approved in writing by the Minister either:(A) taking into account flows measured at the Loddon River at Bulli Appin Road gauge (2122322) and the Cataract River at Corrimal No. 1 gauge (2122323), or such alternative flow reference points as determined in writing by the Minister, and an estimate of any other tributary inflows, or(B) taking into account changes in water storage levels, net evaporation, other losses and outflows, and(ii) the volume of water released must be measured in a manner approved in writing by the Minister.(5) In the Upper Nepean and Upstream Warragamba Water Source, daily releases of water must be made from Nepean Dam in accordance with the following:(a) subject to subclause (12), when the daily inflows into Lake Nepean are less than or equal to the 80th percentile daily inflow, a daily release of water which is equal to the daily inflows must be made,Note—20.1 ML/day corresponds to the estimated 80th percentile daily inflow.(b) subject to subclause (12), when the daily inflows into Lake Nepean are greater than the 80th percentile daily inflow, a daily release of water which is equal to the 80th percentile daily inflow plus 20% of the inflow volume above the 80th percentile daily inflow must be made,(c) for the purposes of paragraphs (a) and (b):(i) daily inflows into Lake Nepean must be calculated by a method approved in writing by the Minister either:(A) taking into account flows measured at the Nepean River at Nepean Dam gauge (2122051) and the Burke River at Nepean Dam gauge (2122052), or such alternative flow reference points as determined in writing by the Minister, and an estimate of any other tributary inflows, or(B) taking into account changes in water storage levels, net evaporation, other losses and outflows, and(ii) the volume of water released must be measured in a manner approved in writing by the Minister.(6) In the Upper Nepean and Upstream Warragamba Water Source, daily releases of water must be made from Cordeaux Dam in accordance with the following:(a) subject to subclause (12), when the daily inflows into Lake Cordeaux are less than or equal to the 80th percentile daily inflow, a daily release of water which is equal to the daily inflows must be made,Note—4.5 ML/day corresponds to the estimated 80th percentile daily inflow.(b) subject to subclause (12), when the daily inflows into Lake Cordeaux are greater than the 80th percentile daily inflow, a daily release of water which is equal to the 80th percentile daily inflow plus 20% of the inflow volume above the 80th percentile daily inflow must be made,(c) for the purposes of paragraphs (a) and (b):(i) daily inflows into Lake Cordeaux must be calculated by a method approved in writing by the Minister either:(A) taking into account flows measured at the Goondarrin Creek at Kemira “D” Cast gauge (2122201) and the Sandy Creek at Cordeaux River gauge (2122205), or such alternative flow reference points as determined in writing by the Minister, and an estimate of any other tributary inflows, or(B) taking into account changes in water storage levels, net evaporation, other losses and outflows, and(ii) the volume of water released must be measured in a manner approved in writing by the Minister.(7) In the Upper Nepean and Upstream Warragamba Water Source, daily releases of water must be made from Pheasants Nest Weir in accordance with the following:(a) subject to subclause (12), a daily release must be made from Pheasants Nest Weir which is equal to:(i) the volume of water released that day from Avon Dam, Nepean Dam and Cordeaux Dam under subclauses (3), (5) and (6) respectively and clauses 37 (5) and 38 (4), plus(ii) the volume of water that is equal to:(A) daily inflows to the catchment between Pheasants Nest Weir and Avon Dam, Nepean Dam and Cordeaux Dam, when the daily inflow is less than or equal to the 80th percentile daily inflow, orNote—4.5 ML/day corresponds to the estimated 80th percentile daily inflow to the catchment between Pheasants Nest Weir and Avon Dam, Nepean Dam and Cordeaux Dam.(B) the 80th percentile daily inflow into the catchment between Pheasants Nest Weir and Avon Dam, Nepean Dam and Cordeaux Dam plus 20% of the inflow volume above the 80th percentile daily inflow, when the daily inflows are greater than the 80th percentile daily inflow,(b) for the purposes of paragraph (a):(i) travel time, transmission losses and other relevant factors may be taken into account as set out in methods approved in writing by the Minister, for the purpose of calculating the volume to be released from Pheasants Nest Weir under paragraph (a) (i) based on releases made from Avon Dam, Nepean Dam and Cordeaux Dam that day under subclauses (3), (5) and (6) and clauses 37 (5) and 38 (4),(ii) the inflow volume to the catchment between Pheasants Nest Weir and Avon Dam, Nepean Dam and Cordeaux Dam must be measured by Water NSW in a manner approved in writing by the Minister, and(iii) the volume of water released must be measured in a manner approved in writing by the Minister.(8) In the Upper Nepean and Upstream Warragamba Water Source, daily releases of water must be made from Broughtons Pass Weir in accordance with the following:(a) subject to subclause (12), a daily release must be made from Broughtons Pass Weir which is equal to:(i) the releases made from Cataract Dam that day under subclause (4) and clauses 37 (5) and 38 (4), plus(ii) the volume of water that is equal to:(A) daily inflows to the catchment between Broughtons Pass Weir and Cataract Dam, when the daily inflow is less than or equal to the 80th percentile daily inflow, orNote—4.4 ML/day corresponds to the estimated 80th percentile daily inflow to the catchment between Broughtons Pass Weir and Cataract Dam.(B) the 80th percentile daily inflow into the catchment between Broughtons Pass Weir and Cataract Dam plus 20% of the inflow volume above the 80th percentile daily inflow, when the daily inflows are greater than the 80th percentile daily inflow,(b) for the purposes of paragraph (a):(i) travel time, transmission losses and other relevant factors may be taken into account as set out in methods approved in writing by the Minister, for the purpose of calculating the volume to be released from Broughtons Pass Weir under paragraph (a) (i) based on releases made from Cataract Dam that day under subclause (4) and clauses 37 (5) and 38 (4),(ii) the inflow volume to the catchment between Broughtons Pass Weir and Cataract Dam shall be calculated by Water NSW by a method approved in writing by the Minister taking into account flows measured at the Cataract River at Broughtons Pass Notch gauge (212230), or such alternative flow reference points as determined in writing by the Minister, and(iii) the volume of water released must be measured in a manner approved in writing by the Minister.(9) Subject to subclause (12), in the Upper Nepean and Upstream Warragamba Water Source, daily releases of water must be made from Lake Lyell in accordance with the following:(a) subject to paragraphs (d) and (e), when the daily inflows into Lake Lyell are less than or equal to 13.6 ML/day, a daily release of water which is equal to the daily inflows must be made,(b) subject to paragraphs (d) and (e), when the daily inflows into Lake Lyell are greater than 13.6 ML/day, a daily release of water which is equal to 13.6 ML/day plus 25% of the daily inflow volume above 13.6 ML/day must be made,(c) subject to paragraph (e), if in any water year a flow of 800 ML/day or more has not occurred for a period of at least one hour at the Coxs River at Lithgow gauge (212011), an annual channel maintenance flow release must be made which is equal to the lesser of:(i) a release rate of 800 ML/day, orfor a period of two hours continuously from Lake Lyell in accordance with procedures and a timeframe determined in writing by the Minister,(ii) the maximum release rate obtainable from the outlet valves when fully open,(d) releases under paragraphs (a) and (b) are not required to be made when an annual channel maintenance flow release is being made in accordance with paragraph (c),(e) releases under paragraphs (a), (b) and (c) are not required to be made when the total active storage in Lake Lyell, Lake Wallace and Thompsons Creek Reservoir is less than 50,000 megalitres,(f) when the total active storage in Lake Lyell, Lake Wallace and Thompsons Creek Reservoir has been less than 50,000 megalitres continuously for less than six months, a daily release of water must be made which is equal to the lesser of daily inflows to Lake Lyell and 9.0 ML/day, and(g) when the total active storage in Lake Lyell, Lake Wallace and Thompsons Creek Reservoir has been less than 50,000 megalitres continuously for six months or more, a daily release of water must be made which is equal to the lesser of daily inflows to Lake Lyell and 5.0 ML/day.(10) For the purposes of subclause (9):(a) the volume of water released must be calculated by a method approved in writing by the Minister taking into account flows measured at the Coxs River at Lithgow flow gauge (212011), or such alternative flow reference points as determined in writing by the Minister, and(b) daily inflows into Lake Lyell must be calculated by a method approved in writing by the Minister either:(i) taking into account flows measured at the Coxs River at upstream of Lake Lyell gauge (212058) and Farmers Creek at Mount Walker gauge (212042), or such alternative flow reference points as determined in writing by the Minister, or(ii) taking into account changes in water storage levels, net evaporation, other losses and outflows.(11) Subject to subclause (12), in the Upper Nepean and Upstream Warragamba Water Source a daily release of water must be made from Lake Wallace which is equal to 0.7 ML/day. This release requirement may also be met by water released below the Lake Wallace Dam wall from the Wallerawang Power Station cooling towers.(12) Daily releases of water under subclauses (1)–(11) are not required to be made for the respective storage when:(a) the release requirements cannot be met due to an emergency situation and the holder of the water supply work approval notifies the Minister in writing within 7 days of becoming aware of the emergency,(b) the Minister is satisfied that the release requirements cannot be met due to water supply work capacity constraints or necessary maintenance, refurbishment or modification work that has the potential to temporarily affect the flow rate or behaviour of water for a period of more than 24 hours and has granted permission in writing,(c) the Minister requires an alternate release to be made due to an emergency situation or a maintenance activity and has notified this in writing, or(d) the respective storage is spilling at a rate that equals or exceeds the respective release requirement specified in subclauses (1)–(11), provided that in the case of Wingecarribee Reservoir, the storage must be spilling at a rate that equals or exceeds the respective release requirements specified in subclause 32 (1) and clause 33 (1).(13) In the Upper Nepean and Upstream Warragamba Water Source, daily releases of water must be made from Thompsons Creek Reservoir in accordance with the following:(a) between 1 September and 30 April inclusive, a daily release of water must be made which is equal to 0.8 ML/day,(b) between 1 May and 31 August inclusive, a daily release of water must be made which is equal to 0.3 ML/day,(c) for the purposes of paragraphs (a) and (b), the volume of water released must be calculated by a method approved in writing by the Minister taking into account flows measured at the V Notch Weirs at Thompsons Creek Reservoir, or such alternative flow reference points as determined by the Minister,(d) daily releases of water under this subclause are not required to be made when:(i) the release requirements cannot be met due to an emergency situation and the holder of the water supply work approval notifies the Minister in writing within 7 days of becoming aware of the emergency,(ii) the Minister is satisfied that the release requirements cannot be met due to water supply work capacity constraints or necessary maintenance, refurbishment or modification work that has the potential to temporarily affect the flow rate or behaviour of water for a period of more than 24 hours and has granted permission in writing,(iii) the Minister requires an alternate release to be made due to an emergency situation or a maintenance activity and has notified this in writing, or(iv) Thompsons Creek Reservoir is spilling at a rate that equals or exceeds the respective release requirement under paragraph (a) or (b).(14) Subject to subclause (15), the following rules apply to releases by weirs located in the Maldon Weir Management Zone in the Upper Nepean and Upstream Warragamba Water Source:(a) a daily release of water must be made from Maldon Weir in the Maldon Weir Management Zone which is equal to the volume of water released in the prior 24-hour period from Pheasants Nest Weir under subclause (7), multiplied by:(i) 1 when the total daily inflows to Cordeaux Dam, Avon Dam and Nepean Dam are greater than the 80th percentile of the total daily inflows to those dams,(ii) 0.9 when the total daily inflows to Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 80th percentile and greater than the 95th percentile of the total daily inflows to those dams, orNote—The factor 0.9 in the paragraph above accounts for the current best estimate of the natural transmission loss that occurs between Pheasants Nest Weir and Douglas Park Weir respectively when the total daily inflows to Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 80th percentile and greater than the 95th percentile of the total daily inflows to those dams.(iii) 0.8 when the total daily inflows to Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 95th percentile of the total daily inflows to those dams.Note—The factor 0.8 in the paragraph above accounts for the current best estimate of the natural transmission loss that occurs between Pheasants Nest Weir and Maldon Weir and Douglas Park Weir respectively when the total daily inflows to Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 95th percentile of the total daily inflows to those dams.(15) Daily releases of water under subclause (14) are not required to be made when:(a) the release requirements cannot be met due to an emergency situation and the holder of the water supply work approval notifies the Minister in writing within 7 days of becoming aware of the emergency,(b) the Minister is satisfied that the release requirements cannot be met due to water supply work capacity constraints or necessary maintenance, refurbishment or modification work that has the potential to temporarily affect the flow rate or behaviour of water for a period of more than 24 hours and has granted permission in writing,(c) the Minister requires an alternate release to be made due to an emergency situation or a maintenance activity and has notified this in writing,(d) the stage of the weir is less than the stage necessary to deliver the required environmental release over the 24-hour period,(e) Maldon Weir is spilling at a rate that equals or exceeds the applicable release requirement specified in subclause (14), or(f) from Years 1 to 5 of this Plan, the release requirements cannot reasonably be met despite the best endeavours of the holder of the water supply work approval to meet them.(16) If Minister determines that any of the release requirements specified in this clause cannot reasonably be met despite the best endeavours of the holder of the water supply work approval to meet them, the Minister is to conduct a review by the end of Year 5 of this Plan of the factors that prevent the release requirements from being met and the ways in which those factors can be addressed, for the purposes of determining how those those factors should be addressed, whether the system operation rules specified in this clause should be amended and/or whether the water supply works specified in this clause require modification in order to pass the required releases.cl 32: Am 2014 (205), Sch 1 [13]–[15]; 2014 No 74, Sch 3.48 [6]; 2016 No 27, Sch 2.53.
33 Releases for other purposes in the Upper Nepean and Upstream Warragamba Water Source
(1) Subject to subclause (3), in addition to the daily release requirement specified in clause 32 (1), a daily release from Wingecarribee Reservoir into the Wingecarribee River must be made which is equal to 1 ML/day.(2) The volume of water released under subclause (1) shall be measured at the Wingecarribee River at Sheepwash Bridge gauge (212275) or at such alternative flow reference points or by such methods as determined in writing by the Minister.(3) Daily releases of water under subclause (1) are not required to be made when:(a) the release requirements cannot be met due to an emergency situation and the holder of the water supply work approval notifies the Minister in writing within 7 days of becoming aware of the emergency,(b) the Minister is satisfied that the release requirements cannot be met due to water supply work capacity constraints or necessary maintenance, refurbishment or modification work that has the potential to temporarily affect the flow rate or behaviour of water for a period of more than 24 hours and has granted permission in writing,(c) the Minister requires an alternate release to be made due to an emergency situation or a maintenance activity and has notified this in writing, or(d) Wingecarribee Reservoir is spilling at a rate that equals or exceeds the release requirements specified in subclause (1) and clause 32 (1).
34 Environmental flow releases in the Hawkesbury and Lower Nepean Rivers Water Source
(1) Subject to subclause (8), a daily release of water must be made from Menangle Weir in the Menangle Weir Management Zone in the Hawkesbury and Lower Nepean River Water Source which is equal to the volume of water released in the prior 24-hour period from Pheasants Nest Weir under clause 32 (7) plus the volume of water released in the prior 24-hour period from Broughtons Pass Weir under clause 32 (8), multiplied by:(a) 1 when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are greater than the 80th percentile of the total daily inflows to those dams,(b) 0.9 when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 80th percentile and greater than the 95th percentile of the total daily inflows to those dams, orNote—The factor 0.9 in the paragraph above accounts for the current best estimate of the natural transmission loss that occurs between Pheasants Nest Weir and Broughtons Pass Weir and the Menangle Weir Management Zone flow reference point when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 80th percentile and greater than the 95th percentile of the total daily inflows to those dams.(c) 0.8 when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 95th percentile of the total daily inflows to those dams.Note—The factor 0.8 in the paragraph above accounts for the current best estimate of the natural transmission loss that occurs between Pheasants Nest Weir and Broughtons Pass Weir and the Menangle Weir Management Zone flow reference point when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 95th percentile of the total daily inflows to those dams.(2) Subject to subclause (8), a daily release of water must be made from Camden Weir in the Camden Weir Management Zone in the Hawkesbury and Lower Nepean River Water Source which is equal to the volume of water released in the prior 24-hour period from Pheasants Nest Weir under clause 32 (7), plus the volume of water released in the prior 24-hour period from Broughtons Pass Weir under clause 32 (8), multiplied by:(a) 1 when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are greater than the 80th percentile of the total daily inflows to those dams,(b) 0.878 when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 80th percentile and greater than the 95th percentile of the total daily inflows to those dams, orNote—The factor 0.878 in the paragraph above accounts for the current best estimate of the natural transmission loss that occurs between Pheasants Nest Weir and Broughtons Pass Weir and the Camden Weir Management Zone flow reference point when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 80th percentile and greater than the 95th percentile of the total daily inflows to those dams.(c) 0.761 when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 95th percentile of the total daily inflows to those dams.Note—The factor 0.761 in the paragraph above accounts for the current best estimate of the natural transmission loss that occurs between Pheasants Nest Weir and Broughtons Pass Weir and the Camden Weir Management Zone flow reference point when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 95th percentile of the total daily inflows to those dams.(3) Subject to subclause (8), a daily release of water must be made from Sharpes Weir in the Sharpes Weir Management Zone in the Hawkesbury and Lower Nepean River Water Source which is equal to the volume of water released in the prior 24-hour period from Pheasants Nest Weir under clause 32 (7), plus the volume of water released in the prior 24-hour period from Broughtons Pass Weir under clause 32 (8), multiplied by:(a) 1 when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are greater than the 80th percentile of the total daily inflows to those dams,(b) 0.871 when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 80th percentile and greater than the 95th percentile of the total daily inflows to those dams, orNote—The factor 0.871 in the paragraph above accounts for the current best estimate of the natural transmission loss that occurs between Pheasants Nest Weir and Broughtons Pass Weir and the Sharpes Weir Management Zone flow reference point when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 80th percentile and greater than the 95th percentile of the total daily inflows to those dams.(c) 0.748 when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 95th percentile of the total daily inflows to those dams.Note—The factor 0.748 in the paragraph above accounts for the current best estimate of the natural transmission loss that occurs between Pheasants Nest Weir and Broughtons Pass Weir and the Sharpes Weir Management Zone flow reference point when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 95th percentile of the total daily inflows to those dams.(4) Subject to subclause (8), a daily release of water must be made from Cobbity Weir in the Cobbity Weir Management Zone in the Hawkesbury and Lower Nepean River Water Source which is equal to the volume of water released in the prior 24-hour period from Pheasants Nest Weir under clause 32 (7), plus the volume of water released in the prior 24-hour period from Broughtons Pass Weir under clause 32 (8), multiplied by:(a) 1 when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are greater than the 80th percentile of the total daily inflows to those dams,(b) 0.863 when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 80th percentile and greater than the 95th percentile of the total daily inflows to those dams, orNote—The factor 0.863 in the paragraph above accounts for the current best estimate of the natural transmission loss that occurs between Pheasants Nest Weir and Broughtons Pass Weir and the Cobbity Weir Management Zone flow reference point when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 80th percentile and greater than the 95th percentile of the total daily inflows to those dams.(c) 0.734 when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 95th percentile of the total daily inflows to those dams.Note—The factor 0.734 in the paragraph above accounts for the current best estimate of the natural transmission loss that occurs between Pheasants Nest Weir and Broughtons Pass Weir and the Cobbity Weir Management Zone flow reference point when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 95th percentile of the total daily inflows to those dams.(5) Subject to subclause (8), a daily release of water must be made from Mount Hunter Rivulet Weir in the Mount Hunter Rivulet Weir Management Zone in the Hawkesbury and Lower Nepean River Water Source which is equal to the volume of water released in the prior 24-hour period from Pheasants Nest Weir under clause 32 (7), plus the volume of water released in the prior 24-hour period from Broughtons Pass Weir under clause 32 (8), multiplied by:(a) 1 when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are greater than the 80th percentile of the total daily inflows to those dams,(b) 0.858 when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 80th percentile and greater than the 95th percentile of the total daily inflows to those dams, orNote—The factor 0.858 in the paragraph above accounts for the current best estimate of the natural transmission loss that occurs between Pheasants Nest Weir and Broughtons Pass Weir and the Mount Hunter Rivulet Weir Management Zone flow reference point when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 80th percentile and greater than the 95th percentile of the total daily inflows to those dams.(c) 0.726 when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 95th percentile of the total daily inflows to those dams.Note—The factor 0.726 in the paragraph above accounts for the current best estimate of the natural transmission loss that occurs between Pheasants Nest Weir and Broughtons Pass Weir and the Mount Hunter Rivulet Weir Management Zone flow reference point when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 95th percentile of the total daily inflows to those dams.(6) Subject to subclause (8), a daily release of water must be made from Brownlow Hill Weir in the Brownlow Hill Weir Management Zone in the Hawkesbury and Lower Nepean River Water Source which is equal to the volume of water released in the prior 24-hour period from Pheasants Nest Weir under clause 32 (7), plus the volume of water released in the prior 24-hour period from Broughtons Pass Weir under clause 32 (8), multiplied by:(a) 1 when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are greater than the 80th percentile of the total daily inflows to those dams,(b) 0.856 when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 80th percentile and greater than the 95th percentile of the total daily inflows to those dams, orNote—The factor 0.856 in the paragraph above accounts for the current best estimate of the natural transmission loss that occurs between Pheasants Nest Weir and Broughtons Pass Weir and the Brownlow Hill Weir Management Zone flow reference point when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 80th percentile and greater than the 95th percentile of the total daily inflows to those dams.(c) 0.721 when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 95th percentile of the total daily inflows to those dams.Note—The factor 0.721 in the paragraph above accounts for the current best estimate of the natural transmission loss that occurs between Pheasants Nest Weir and Broughtons Pass Weir and the Brownlow Hill Weir Management Zone flow reference point when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 95th percentile of the total daily inflows to those dams.(7) Subject to subclause (8), a daily release of water must be made from Theresa Park Weir in the Theresa Park Weir Management Zone in the Hawkesbury and Lower Nepean River Water Source which is equal to the volume of water released in the prior 24-hour period from Pheasants Nest Weir under clause 32 (7), plus the volume of water released in the prior 24-hour period from Broughtons Pass Weir under clause 32 (8), multiplied by:(a) 1 when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are greater than the 80th percentile of the total daily inflows to those dams,(b) 0.837 when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 80th percentile and greater than the 95th percentile of the total daily inflows to those dams, orNote—The factor 0.837 in the paragraph above accounts for the current best estimate of the natural transmission loss that occurs between Pheasants Nest Weir and Broughtons Pass Weir and the Theresa Park Weir Management Zone flow reference point when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 80th percentile and greater than the 95th percentile of the total daily inflows to those dams.(c) 0.687 when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 95th percentile of the total daily inflows to those dams.Note—The factor 0.687 in the paragraph above accounts for the current best estimate of the natural transmission loss that occurs between Pheasants Nest Weir and Broughtons Pass Weir and the Theresa Park Weir Management Zone flow reference point when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 95th percentile of the total daily inflows to those dams.(8) Daily releases of water under subclauses (1)–(7) are not required to be made for the respective weir when:(a) the release requirements cannot be met due to an emergency situation at that weir or an upstream weir and the holder of the water supply work approval notifies the Minister in writing within 7 days of becoming aware of the emergency,(b) the Minister is satisfied that the release requirements cannot be met due to water supply work capacity constraints or necessary maintenance, refurbishment or modification work, at that weir or an upstream weir, that has the potential to temporarily affect the flow rate or behaviour of water for a period of more than 24 hours and has granted permission in writing,(c) the Minister requires an alternate release to be made due to an emergency situation or a maintenance activity at that weir or an upstream weir and has notified this in writing,(d) the stage of the weir is less than the stage necessary to deliver the required environmental release at that weir or an upstream weir over the 24-hour period, or(e) the respective weir is spilling at a rate that equals or exceeds the respective release requirement specified in subclause (1)–(7), or(f) from Years 1 to 5 of this Plan, the release requirements cannot reasonably be met despite the best endeavours of the holder of the water supply work approval to meet them.(9) Subject to subclause (10), a daily release of water must be made from Wallacia Weir in the Wallacia Weir Management Zone in the Hawkesbury and Lower Nepean River Water Source which is equal to the volume of water released in the prior 24-hour period from Pheasants Nest Weir under clause 32 (7), plus the volume of water released in the prior 24-hour period from Broughtons Pass Weir under clause 32 (8), multiplied by:(a) 1 when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are greater than the 80th percentile of the total daily inflows to those dams,(b) 0.810 when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 80th percentile and greater than the 95th percentile of the total daily inflows to those dams, orNote—The factor 0.810 in the paragraph above accounts for the current best estimate of the natural transmission loss that occurs between Pheasants Nest Weir and Broughtons Pass Weir and the Wallacia Weir Management Zone flow reference point when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 80th percentile and greater than the 95th percentile of the total daily inflows to those dams.(c) 0.640 when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 95th percentile of the total daily inflows to those dams.Note—The factor 0.640 in the paragraph above accounts for the current best estimate of the natural transmission loss that occurs between Pheasants Nest Weir and Broughtons Pass Weir and the Wallacia Weir Management Zone flow reference point when the total daily inflows to Cataract Dam, Cordeaux Dam, Avon Dam and Nepean Dam are equal to or less than the 95th percentile of the total daily inflows to those dams.(10) Daily releases of water under subclause (9) are not required to be made when:(a) the release requirements cannot be met due to an emergency situation at that weir or an upstream weir and the holder of the water supply work approval notifies the Minister in writing within 7 days of becoming aware of the emergency,(b) the Minister is satisfied that the release requirements cannot be met due to water supply work capacity constraints or necessary maintenance, refurbishment or modification work, at that weir or an upstream weir, that has the potential to temporarily affect the flow rate or behaviour of water for a period of more than 24 hours and has granted permission in writing,(c) the Minister requires an alternate release to be made due to an emergency situation or a maintenance activity at that weir or an upstream weir and has notified this in writing,(d) the stage of the weir is less than the stage necessary to deliver the required environmental release at that weir or an upstream weir over the 24-hour period, or(e) Wallacia Weir is spilling at a rate that equals or exceeds the applicable release requirement specified in subclause (9), or(f) from Years 1 to 5 of this Plan, the release requirements cannot reasonably be met despite the best endeavours of the holder of the water supply work approval to meet them.(11) If the Minister determines that any of the release requirements specified in this clause cannot reasonably be met despite the best endeavours of the holder of the water supply work approval to meet them, the Minister is to conduct a review by the end of Year 5 of this Plan of the factors that prevent the release requirements from being met and the ways in which those factors can be addressed, for the purposes of determining how those those factors should be addressed, whether the system operation rules specified in this clause should be amended and/or whether the water supply works specified in this clause require modification in order to pass the required releases.cl 34: Am 2011 No 62, Sch 2.43 [1]; 2014 (205), Sch 1 [16].
35 Releases for environmental and town water supply purposes in the Hawkesbury and Lower Nepean Rivers Water Source
(1) Subject to subclause (4), in addition to the release requirements specified in subclause (2), a daily release of water for water supply from the Warragamba Pipeline into Megarritys Creek in the Warragamba River Management Zone must be made which is equal to:(a) 25 ML/day from 1 November to 31 March, and(b) 17 ML/day from 1 April to 31 October.Note—25 ML/day and 17 ML/day are the additional water requirements of Sydney Water Corporation to meet estimated summer and winter demands respectively for water taken by Sydney Water Corporation under its access licence for the Upper Hawkesbury River (Grose River to South Creek) Management Zone to provide for North Richmond’s water supply.(2) Subject to subclause (4), in addition to the release requirements specified in subclause (1), a daily environmental flow release of water must be made from the Warragamba Pipeline into the Warragamba River in the Warragamba River Management Zone which is equal to 5 ML/day.Note—The daily environmental flow release of 5 ML/day from Warragamba Dam serves to dilute effluent discharged from Wallacia Sewage Treatment Plant to the Warragamba River.(3) For the purposes of subclauses (1) and (2), the volume of water released must be measured in a manner approved in writing by the Minister.(4) Daily releases of water under subclauses (1) and (2) are not required to be made when:(a) the release requirements cannot be met due to an emergency situation and the holder of the water supply work approval notifies the Minister in writing within 7 days of becoming aware of the emergency,(b) the Minister is satisfied that the release requirements cannot be met due to water supply work capacity constraints or necessary maintenance, refurbishment or modification work that has the potential to temporarily affect the flow rate or behaviour of water for a period of more than 24 hours and has granted permission in writing,(c) the Minister requires an alternate release to be made due to an emergency situation or a maintenance activity and has notified this in writing, or(d) the respective storage is spilling at a rate that equals or exceeds the respective release requirement specified in subclauses (1) and (2).cl 35: Am 2014 (205), Sch 1 [17] [18].
36 Environmental flow releases in the Southern Sydney Rivers Water Source
In the Southern Sydney Rivers Water Source, daily releases of water must be made from Woronora Dam in accordance with the following:(a) subject to paragraph (f), when the daily inflows into Lake Woronora are less than or equal to the estimated 80th percentile daily inflow, a daily release of water which is equal to the daily inflows must be made,(b) subject to paragraph (f), when the daily inflows into Lake Woronora are greater than the estimated 80th percentile daily inflow, a daily release of water which is equal to the estimated 80th percentile plus 20% of the inflow volume above the 80th percentile daily inflow must be made,(c) a high flow release from Woronora Dam shall be made before 1 February each water year in accordance with procedures, rates and duration determined in writing by the Minister,(d) for the purposes of paragraphs (a) and (b), daily inflows to Lake Woronora must be calculated by a method approved in writing by the Minister either:(i) taking into account flows measured at the Waratah Rivulet gauge (2132102) and the Woronora River (upstream of Woronora Dam) gauge (2132101), or such alternative flow reference points as determined by the Minister, and an estimate of any other tributary inflows, or(ii) taking into account changes in water storage levels, net evaporation, other losses and outflows,(e) for the purposes of paragraphs (a)–(c), the volume of water released must be measured in a manner approved in writing by the Minister,(f) daily releases of water under paragraphs (a) and (b) are not required to be made when:(i) the release requirements cannot be met due to an emergency situation and the holder of the water supply work approval notifies the Minister in writing within 7 days of becoming aware of the emergency,(ii) the Minister is satisfied that the release requirements cannot be met due to water supply work capacity constraints or necessary maintenance, refurbishment or modification work that has the potential to temporarily affect the flow rate or behaviour of water for a period of more than 24 hours and has granted permission in writing,(iii) the Minister requires an alternate release to be made due to an emergency situation or a maintenance activity and has notified this in writing,(iv) Woronora Dam is spilling at a rate that equals or exceeds the release requirement specified in paragraphs (a) and (b), or(v) releases are being made subject to paragraph (c).cl 36: Am 2014 (205), Sch 1 [19].
37 Environmental contingency allowance rules for these water sources
(1) An environmental contingency allowance (hereafter ECA) account must be kept for Avon Dam, Cataract Dam, Nepean Dam and Cordeaux Dam in the Upper Nepean and Upstream Warragamba Water Source.(2) At the commencement of this Plan and each water year after the first water year in which this Plan has effect, a volume of water may be set aside in Avon Dam, Cataract Dam, Nepean Dam or Cordeaux Dam (or a combination of these dams) and credited to the respective ECA account for these dams in accordance with the written direction of the Minister.(3) Releases of water from the ECA account for Avon Dam, Cataract Dam, Nepean Dam or Cordeaux Dam established under subclause (1) may only be made for the purposes to be determined by the Minister as part of the review in subclause (7).(4) Water credited to an ECA account established under subclause (1) for the purposes determined in accordance with subclause (3) must be released from a dam referred in subclause (1) in accordance with the written direction of the Minister.(5) The ECA account for a water storage must be debited with a volume equal to the amount of water released from a dam referred to in subclause (1) under subclause (3).(6) The Minister may conduct a review of the rules in this clause for the purpose of determining whether those rules should be amended, including identifying the volume of the ECA and the environmental purpose(s) for which it should be used.(7) The volume of water held in an ECA account established under subclause (1) shall not be carried over from one water year to the next.cl 37: Am 2011 No 62, Sch 2.43 [2]; 2014 (205), Sch 1 [20]–[23].
38 Banked environmental flow rules for these water sources
(1) A banked environmental flow (hereafter BEF) account is to be kept for each of the following water supply works:(a) Tallowa Dam and Fitzroy Falls Reservoir in the Shoalhaven River Water Source,(b) Warragamba Dam, Lilyvale Dam, Wingecarribee Reservoir, Avon Dam, Cataract Dam, Nepean Dam and Cordeaux Dam in the Upper Nepean and Upstream Warragamba Water Source, and(c) Woronora Dam in the Southern Sydney Rivers Water Source.(2) Subject to subclause (3), where releases were altered or were not required because:(a) the release requirements could not be met due to an emergency situation and the holder of the water supply work approval notified the Minister in writing within 7 days of becoming aware of the emergency, or(b) the Minister was satisfied that the release requirements could not be met due to water supply work capacity constraints or necessary maintenance, refurbishment or modification work that had the potential to temporarily affect the flow rate or behaviour of water for a period of more than 24 hours and granted permission in writing, orthe difference between the recorded release and the required release shall be set aside in the water storage of the respective water supply work and credited to the respective BEF account established for the water supply work from which the release could not be made or was altered in accordance with the requirements of the Minister.(c) the Minister required an alternate release to be made due to an emergency situation or a maintenance activity and notified this in writing,(3) Water required to be credited to a BEF account under subclause (2) for a water supply work in the Upper Nepean and Upstream Warragamba Water Source may be credited to any BEF account in the Upper Nepean and Upstream Warragamba Water Source in accordance with the written approval of the Minister. In deciding whether to provide approval, the Minister may take into account system and infrastructure connectivity and operational constraints.(4) Water credited to a BEF account must be released from the water supply work in accordance with the written direction of the Minister.(5) Subject to subclause (6), the volume of water credited to the BEF account must be:(a) debited by the amount of a release made in accordance with subclause (4), and(b) reset to zero if any water is spilling from the water supply work, and(c) reduced at a rate of 1% of the volume of water remaining in the BEF account per day.(d) (Repealed)Note—The 1% reduction rate accounts for evaporation and other losses and mitigates potential risks to the reliability of the potable water supply as a result of the long-term storage of banked environmental water.(6) Any reductions under subclauses (5) (a)–(c) must be limited so that the BEF account cannot have a negative balance.cl 38: Am 2011 No 62, Sch 2.43 [3]; 2014 (205), Sch 1 [24]–[28].
39 Environmental flows reference group for these water sources
(1) This Plan establishes an environmental flows reference group for these water sources, to be appointed by the Minister.(2) The environmental flows reference group has the purpose of providing advice to the Minister on releases made from the ECA accounts under clause 37 (4) and the BEF accounts under clause 38 (4).Note—The Environmental Flows and River Health Outcomes group (or a suitable alternative group established in the future) will be the environmental flows reference group for the Greater Metropolitan Region Unregulated River Water Sources at the commencement of this Plan.cl 39: Am 2014 (205), Sch 1 [29].
39A Investigations into environmental release rules
(1) Subject to subclause (2), Sydney Water Corporation must conduct an investigation into the need for environmental releases from Manly Dam and undertake infrastructure modifications as determined by the Minister during the term of this Plan in accordance with the following stages:(a) Stage 1: feasibility and suitability of environmental releases from Manly Dam to be completed by the end of Year 5 of this Plan,(b) Stage 2: if required by the Minister under subclause (2), design of environmental flows to be completed by the end of Year 7 of this Plan subject to the Minister’s approval,(c) Stage 3: if required by the Minister, any infrastructure modifications as determined by the Minister necessary to deliver flows identified in Stage 2 to commence by the end of Year 8 of this Plan and to be completed by the implementation date established by the Minister under subclause (2).(2) The Minister must, in consultation with Sydney Water Corporation, determine by the end of Year 5 of this Plan whether the investigations referred to in subclause (1) should proceed to Stage 2 and, if determined to be necessary, determine an implementation date for the environmental flows by the end of Year 7 of this Plan.(3) Subject to subclause (4), Goulburn Mulwaree Shire Council, Wingecarribee Shire Council and Shoalhaven City Council each must conduct an investigation into the need for environmental releases from water supply works selected by agreement between the respective council and the Minister and undertake infrastructure modifications as determined by the Minister during the term of this Plan in accordance with the following stages:(a) Stage 1: feasibility and suitability of environmental releases from the selected water supply works to be completed by the end of Year 5 of this Plan,(b) Stage 2: if required by the Minister under subclause (4), design of environmental flows to be completed by the end of Year 7 of this Plan subject to the Minister’s approval,(c) Stage 3: if required by the Minister, any infrastructure modifications as determined by the Minister necessary to deliver flows identified in Stage 2 to commence by the end of Year 8 of this Plan and to be completed by the implementation date established by the Minister under subclause (4).(4) The Minister must, in separate consultation with each of Goulburn Mulwaree Shire Council, Wingecarribee Shire Council and Shoalhaven City Council, determine by the end of Year 5 of this Plan whether each investigation referred to in subclause (3) should proceed to Stage 2 and, if determined to be necessary, determine an implementation date for any environmental flows by the end of Year 7 of this Plan.(5) Subject to subclause (6), Delta Electricity must conduct an investigation into the need for environmental releases from Wallerawang Dam (Lake Wallace) and undertake infrastructure modifications as determined by the Minister during the term of this Plan in accordance with the following stages:(a) Stage 1: feasibility and suitability of environmental releases from Wallerawang Dam (Lake Wallace) to be completed by the end of Year 5 of this Plan,(b) Stage 2: if required by the Minister under subclause (6), design of environmental flows to be completed by the end of Year 7 of this Plan subject to the Minister’s approval,(c) Stage 3: if required by the Minister, any infrastructure modifications as determined by the Minister necessary to deliver flows identified in Stage 2 to commence by the end of Year 8 of this Plan and to be completed by the implementation date established by the Minister under subclause (6).(6) The Minister must, in consultation with Delta Electricity, determine by the end of Year 5 of this Plan whether the investigations referred to in subclause (5) should proceed to Stage 2 and, if determined to be necessary, determine an implementation date for the environmental flows by the end of Year 7 of this Plan.(7) Subject to subclause (8), Water NSW must conduct an investigation into the need for environmental releases from Wingecarribee Reservoir and undertake infrastructure modifications as determined by the Minister during the term of this Plan in accordance with the following stages:(a) Stage 1: feasibility and suitability of environmental releases from Wingecarribee Reservoir to be completed by the end of Year 5 of this Plan,(b) Stage 2: if required by the Minister under subclause (8), design of environmental flows to be completed by the end of Year 7 of this Plan subject to the Minister’s approval,(c) Stage 3: if required by the Minister, any infrastructure modifications as determined by the Minister necessary to deliver flows identified in Stage 2 to commence by the end of Year 8 of this Plan and to be completed by the implementation date established by the Minister under subclause (8).(8) The Minister must, in consultation with Water NSW, determine by the end of Year 5 of this Plan whether the investigations referred to in subclause (7) should proceed to Stage 2 and, if determined to be necessary, determine an implementation date for the environmental flows by the end of Year 7 of this Plan.(9) Delta Electricity must conduct an independent and peer reviewed investigation into the feasibility, suitability and adequacy of transparent and translucent flow dam releases, annual channel maintenance flow releases and drought triggers, including options and recommendations for these rules, for Lilyvale Dam by the end of Year 5 of this Plan.(10) The holder of the water supply work approval for Thompsons Creek Dam must conduct an independent and peer reviewed investigation into the feasibility, suitability and adequacy of environmental flow and other dam releases, including options and recommendations for these rules, for Thompsons Creek Dam by the end of Year 5 of this Plan.(11) Any new environmental release rules required to be developed under this clause must be developed in consultation with appropriate stakeholders as determined by the Minister.cl 39A: Ins 2014 (205), Sch 1 [30]. Am 2014 No 74, Sch 3.48 [7]; 2016 (377), Sch 1 [18].
Part 7 Limits to the availability of water
Division 1 Long-term average annual extraction limit
40 General
The availability of water for extraction in these water sources on a long-term basis is to be managed in accordance with this Part.
41 Volume of the long-term average annual extraction limits
(1) This clause establishes long-term average annual extraction limits by reference to the EMUs specified in clause 6.(2) For each extraction management unit, the following separate long-term average annual extraction limits are established:(a) a long-term average annual extraction limit for domestic and stock rights and native title rights and access licences excluding major utility access licences held by Water NSW, and(b) a long-term average annual extraction limit for major utility access licences held by Water NSW.(3) Subject to any variation under subclause (7), the long-term average annual extraction limit established under subclause (2) (a) for the Shoalhaven River Extraction Management Unit, the Illawarra Rivers Extraction Management Unit, the Southern Sydney Rivers Extraction Management Unit and the Northern Sydney Rivers Extraction Management Unit is the sum of:(a) the share components of all access licences in the respective extraction management unit at the commencement of this Plan, excluding major utility access licences held by Water NSW, plus(b) the annual water requirements pursuant to domestic and stock rights and native title rights in the respective extraction management unit at the commencement of this Plan, plus(c) the share components of access licences granted in the respective extraction management unit under the Water Management (General) Regulation 2011 that authorise the taking of water from a water source which includes a tidal pool for which no entitlement was required under the Water Act 1912.Note—The Water Management (General) Regulation 2011 will provide for the creation of new access licences that authorise the taking of tidal pool water from water sources in the EMUs listed in subclause (3) (for which no entitlement has previously been required under the Water Act 1912).(4) Subject to any variation under subclause (7), the long-term average annual extraction limit established under subclause (2) (a) for the Upper Nepean and Upstream Warragamba Extraction Management Unit and the Hawkesbury and Lower Nepean Rivers Extraction Management Unit is equal to:(a) the annual extraction of water averaged over the period from July 1993 to June 1999 under entitlements issued under Parts 2 and 9 of the Water Act 1912 in the respective extraction management unit, excluding entitlements held by the former Sydney Catchment Authority that were replaced by major utility access licences on commencement of this Plan, plus(b) the annual water requirements pursuant to domestic and stock rights and native title rights in the respective extraction management unit at the commencement of this Plan, plus(c) the share components of access licences granted in the respective extraction management unit under the Water Management (General) Regulation 2011 that authorise the taking of water from a water source which includes a tidal pool for which no entitlement was required under the Water Act 1912.Note—1The Water Management (General) Regulation 2011 will provide for the creation of new access licences that authorise the taking of tidal pool water from water sources in the EMUs listed in subclause (4) and for which no entitlement has previously been required under the Water Act 1912.2 (Repealed)3The Minister may amend the long-term average annual extraction limit for this EMU under Part 13 to account for growth in use by Sydney Water Corporation to a limit of 5% of Sydney Water Corporation’s average annual usage, estimated to be 374 ML at the commencement of this Plan.(5) The long-term average annual extraction limit established under subclause (2) (b) in:(a) the Shoalhaven River Extraction Management Unit is equal to 36,000 ML/year,(b) the Illawarra Rivers Extraction Management Unit is equal to 0 ML/year,(c) the Upper Nepean and Upstream Warragamba Extraction Management Unit is equal to 581,000 ML/year,(d) the Hawkesbury and Lower Nepean Rivers Extraction Management Unit is equal to 6,000 ML/year,(e) the Southern Sydney Rivers Extraction Management Unit is equal to 13,000 ML/year, and(f) the Northern Sydney Rivers Extraction Management Unit is equal to 0 ML/year.(6) (Repealed)(7) The long-term average annual extraction limit established under subclause (2) (a) for the Shoalhaven River Extraction Management Unit, the Upper Nepean and Upstream Warragamba Extraction Management Unit and the Hawkesbury and Lower Nepean Rivers Extraction Management Unit may be varied upon the conversion of an access licence in the respective extraction management unit from an unregulated river access licence to an unregulated river (high flow) access licence.(8) Any variation made under subclause (7) will result in the long-term average annual extraction limit being reduced by the amount of the cancelled share component of the unregulated river access licence and increased by the amount of the share component of the granted unregulated river (high flow) access licence.Note—Targeted consultation and notification regarding any amendment to the long-term average annual extraction limit will be undertaken as determined by the Minister.cl 41: Am 2014 (205), Sch 1 [31]–[37]; 2014 No 74, Sch 3.48 [8] [9]; 2016 (377), Sch 1 [19]–[22].
42 Calculation of current levels of annual extraction
(1) After each water year, the total volume of water extracted during that water year under access licences and pursuant to domestic and stock rights and native title rights, excluding major utility access licences held by Water NSW, must be calculated for each extraction management unit specified in clause 6 in accordance with subclause (2).(2) For the purpose of calculating the total volume of water extracted during a water year under subclause (1), the following must be taken into account:(a) all water taken by holders of all categories of access licence in the extraction management unit,(b) all water taken pursuant to domestic and stock rights and native title rights, and(c) water allocations assigned from an access licence that is not a major utility access licence held by Water NSW in the extraction management unit to a major utility access licence held by Water NSW in the extraction management unit under section 71T of the Act.(3) After each water year the total volume of water extracted during that water year under major utility access licences held by Water NSW must be calculated for each extraction management unit specified in clause 6 in accordance with subclause (4).(4) For the purposes of calculating the total volume of water extracted during a water year under subclause (3), the following must be taken into account:(a) all water taken under major utility access licences held by Water NSW in the extraction management unit, and(b) water allocations assigned to a major utility access licence that is not held by Water NSW in the extraction management unit from a major utility access licence held by Water NSW in the extraction management unit under section 71T of the Act.cl 42: Am 2014 (205), Sch 1 [38]–[41]; 2014 No 74, Sch 3.48 [10]; 2016 (377), Sch 1 [23] [24].
43 Assessment of average annual extraction against the long-term average annual extraction limit
(1) An assessment of average annual extractions against:(a) the long-term average annual extraction limit established under clause 41 (2) (a) is to be conducted for each extraction management unit as set out in subclause (2), and(b) the long-term average annual extraction limit established under subclause 41 (2) (b) is to be conducted for each extraction management unit as set out in subclause (3).(2) For each extraction management unit, commencing in the sixth water year in which this Plan has effect, the assessments referred to in subclause (1) (a) must compare the long-term average annual extraction limit established in clause 41 (2) (a) against the annual extraction calculated under clause 42 (1) averaged over the preceding five water years.(3) For each extraction management unit, commencing in the tenth water year in which this Plan has effect, the assessments referred to in subclause (1) (b) are to compare the long-term average annual extraction limit established in clause 41 (2) (b) against the annual extraction calculated in clause 42 (3) averaged over the preceding ten water years (including years prior to the commencement of this Plan) in the respective extraction management unit.
44 Compliance with the long-term average annual extraction limits
(1) Compliance with the long-term average annual extraction limits established for each extraction management unit specified in clause 6 of this Plan is to be managed in accordance with this clause.(2) Commencing in the sixth water year in which this Plan has effect, if in the Minister’s opinion the assessment under clause 43 (1) (a) demonstrates that annual extractions in the respective extraction management unit averaged over the preceding five water years has exceeded the long-term average annual extraction limit established under clause 41 (2) (a) for that extraction management unit by 5% or more, then the available water determination for unregulated river access licences and unregulated river (high flow) access licences in that extraction management unit are to be reduced in the following water year in accordance with subclause (3).(3) The reduction under subclause (2) is to be of an amount that is, in the Minister’s opinion, necessary to return average annual extractions in the respective extraction management unit to the long-term average annual extraction limit established in this Part.(4) Commencing in the tenth water year in which this Plan has effect, if in the Minister’s opinion the assessment under clause 43 (1) (b) demonstrates that annual extractions in the respective extraction management unit averaged over the preceding ten water years (including years prior to the commencement of this Plan) has exceeded the long-term average annual extraction limit established under clause 41 (2) (b) for that extraction management unit, then a review is to be undertaken by the Minister which considers:(a) Water NSW’s urban water supply requirements, and(b) the impacts associated with an increase in the respective long-term average annual extraction limit.cl 44: Am 2014 No 74, Sch 3.48 [11].
Division 2 Available water determinations
45 General
(1) Available water determinations for access licences with a share component that specifies one of these water sources are to be expressed as either:(a) a percentage of share component for access licences which have share components specified as megalitres per year, or(b) megalitres per unit share for access licences which have share components specified as a number of unit shares.(2) Subject to subclause (3), the sum of available water determinations made for any access licence with a share component that specifies one of these water sources must not, in any water year, exceed:(a) 100% of the access licence share component or such lower amount that results from Division 1 of this Part, for all access licences where share components are specified as megalitres per year, or(b) 1 megalitre per unit share of the access licence share component or such lower amount that results from Division 1 of this Part, for all access licences where share components are specified as a number of unit shares.(3) For the first water year of this Plan, subclause (2) does not apply to domestic and stock access licences, local water utility access licences, unregulated river access licences and unregulated river (high flow) access licences with a share component that specifies one of these water sources.cl 45: Am 2011 No 62, Sch 2.43 [4].
46 Available water determinations for domestic and stock access licences
(1) In making available water determinations under section 59 of the Act for domestic and stock access licences, the Minister should consider the rules in this clause.(2) At the commencement of this Plan, an available water determination of 200% of the access licence share component should be made for domestic and stock access licences with a share component that specifies one of these water sources.(3) At the commencement of each water year after the first water year in which this Plan has effect, an available water determination of 100% of the access licence share component should be made for domestic and stock access licences with a share component that specifies one of these water sources.
47 Available water determinations for local water utility access licences
(1) In making available water determinations under section 59 of the Act for local water utility access licences, the Minister should consider the rules in this clause.(2) At the commencement of this Plan, an available water determination of 200% of the access licence share component should be made for local water utility access licences with a share component that specifies one of these water sources.(3) At the commencement of each water year after the first water year in which this Plan has effect, an available water determination of 100% of the access licence share component should be made for local water utility access licences with a share component that specifies one of these water sources.
48 Available water determinations for major utility (subcategory “Urban water”) access licences
(1) In making available water determinations under section 59 of the Act for major utility (subcategory “Urban water”) access licences, the Minister should consider the rules in this clause.(2) At the commencement of this Plan and at the commencement of each water year after the first water year in which this Plan has effect, an available water determination of 100% of the access licence share component should be made for major utility (subcategory “Urban water”) access licences with a share component that specifies one of these water sources.
49 Available water determinations for major utility (subcategory “Power generation”) access licences
(1) In making available water determinations under section 59 of the Act for major utility (subcategory “Power generation”) access licences, the Minister should consider the rules in this clause.(2) At the commencement of this Plan and at the commencement of each water year after the first water year in which this Plan has effect, an available water determination of 100% of access licence share component should be made for major utility (subcategory “Power generation”) access licences with a share component that specifies the Shoalhaven River Water Source.(3) At the commencement of this Plan and at the commencement of each water year after the first water year in which this Plan has effect, an available water determination of 100% of access licence share component should be made for major utility (subcategory “Power generation”) access licences with a share component that specifies the Upper Nepean and Upstream Warragamba Water Source.
50 Available water determinations for unregulated river access licences
(1) In making available water determinations under section 59 of the Act for unregulated river access licences, the Minister should consider the rules in this clause.(2) At the commencement of this Plan, an available water determination of 2 ML per unit of share component should be made for unregulated river access licences with a share component that specifies one of these water sources.(3) At the commencement of each water year after the first water year in which this Plan has effect, an available water determination of 1 ML per unit of share component, or such lower amount that results from Division 1 of this Part, should be made for unregulated river access licences with a share component that specifies one of these water sources.Note—Where the long-term average annual extraction limit has been exceeded, then the available water determination for unregulated river access licences will be reduced in accordance with Division 1 of this Part.
51 Available water determinations for unregulated river (high flow) access licences
(1) In making available water determinations under section 59 of the Act for unregulated river (high flow) access licences, the Minister should consider the rules in this clause.(2) At the commencement of this Plan, an available water determination of 2 ML per unit of share component should be made for unregulated river (high flow) access licences with a share component that specifies one of these water sources.(3) At the commencement of each water year after the first water year in which this Plan has effect, an available water determination of 1 ML per unit of share component, or such lower amount that results from Division 1 of this Part, should be made for unregulated river (high flow) access licences with a share component that specifies one of these water sources.Note—Where the long-term average annual extraction limit has been exceeded, then the available water determination for unregulated river (high flow) access licences will be reduced in accordance with Division 1 of this Part.
Part 8 Rules for granting access licences
Note—
This Part is made in accordance with sections 20, 61 and 63 of the Act. Access licences granted in these water sources will be subject to mandatory conditions and discretionary conditions.
52 Specific purpose access licences
(1) Applications for specific purpose access licences other than those permitted under the Regulation may not be made in these water sources, except for an unregulated river (subcategory “Aboriginal community development”) access licence for the taking of water from B Class flows only in any of the following water sources and management zones:(a) Upper Shoalhaven River Management Zone in the Shoalhaven River Water Source,(b) the following management zones in the Hawkesbury and Lower Nepean Rivers Water Source,(i) Colo River Management Zone,(ii) Capertee River Management Zone,(iii) Macdonald River Management Zone,(iv) Lower South Creek Management Zone,(v) Upper South Creek Management Zone, and(vi) Cattai Creek Management Zone, and(c) the following management zones in the Upper Nepean and Upstream Warragamba Water Source:(i) Wywandy Management Zone,(ii) (Repealed)(iii) Kowmung River Management Zone, and(iv) Kedumba River Management Zone.(2) A specific purpose access licence must not be granted in these water sources unless the Minister is satisfied that the share and extraction component of the access licence is the minimum required to meet the circumstances in which the access licence is proposed to be used.(3) An unregulated river (subcategory “Aboriginal community development”) access licence must not be granted in the following management zones or water sources if the granting of the licence would cause the total share components of all unregulated river (subcategory “Aboriginal community development”) access licences to exceed:(a) 218 ML/year in the Upper Shoalhaven River Management Zone in the Shoalhaven River Water Source, or(b) in one of the following management zones in the Hawkesbury and Lower Nepean Rivers Water Source:(i) 500 ML/year in the Colo River Management Zone,(ii) 66 ML/year in the Capertee River Management Zone,(iii) 192 ML/year in the Macdonald River Management Zone,(iv) 402 ML/year in the Lower South Creek Management Zone,(v) 48 ML/year in the Upper South Creek Management Zone, and(vi) 81 ML/year in the Cattai Creek Management Zone, and(c) in one of the following management zones in the Upper Nepean and Upstream Warragamba Water Source:(i) 40 ML/year in the Wywandy Management Zone,(ii) (Repealed)(iii) 40 ML/year in the Jenolan River Management Zone,(iv) 40 ML/year in the Kowmung River Management Zone, and(v) 40 ML/year in the Kedumba River Management Zone.Note—An unregulated river (subcategory “Aboriginal community development”) access licence is a specific purpose access licence and as such can only be the subject of limited trade that is consistent with the purpose for which the licence was granted. Aboriginal communities, enterprises and individuals are encouraged to seek financial assistance from funding bodies to purchase other categories of access licence if they require fully tradable licences.(4) An unregulated river (subcategory “Aboriginal cultural”) access licence must not be granted in these water sources unless the share component of the proposed access licence is less than or equal to 10 ML/year. This subclause does not apply to the following management zones in the Upper Nepean and Upstream Warragamba Water Source:(a) Wywandy Management Zone,(b) Dharabuladh Management Zone,(c) Jenolan River Management Zone,(d) Kowmung River Management Zone, and(e) Kedumba River Management Zone.(5) An unregulated river (subcategory “Aboriginal cultural”) access licence must not be granted in the following management zones in the Upper Nepean and Upstream Warragamba Water Source if the granting of the licence would cause the total share components of all unregulated river (subcategory “Aboriginal cultural”) access licences, to exceed:(a) 40 ML/year in the Wywandy Management Zone,(b) 40 ML/year in the Dharabuladh Management Zone,(c) 40 ML/year in the Jenolan River Management Zone,(d) 40 ML/year in the Kowmung River Management Zone, and(e) 40 ML/year in the Kedumba River Management Zone.(6) An unregulated river (subcategory “Aboriginal cultural”) access licence should not be granted under subclause (5), unless the Minister has sought the advice of the Wiradjuri native title claimants (where applicable) and the Gundungarra Tribal Council Aboriginal Corporation (or Gundungarra descendents).(7) An access licence of the subcategory “Aboriginal cultural” may only be granted for the taking of water by an Aboriginal person or Aboriginal community for any personal, domestic or communal purpose, including drinking, food preparation, washing, manufacturing traditional artefacts, watering domestic gardens, cultural teaching, hunting, fishing, gathering and for recreational, cultural and ceremonial purposes.Note—1The Regulation will provide for the creation of new access licences that authorise the taking of tidal pool water from the Shoalhaven River Water Source, the Illawarra Rivers Water Source, the Hawkesbury and Lower Nepean Rivers Water Source, the Southern Sydney Rivers Water Source and the Northern Sydney Rivers Water Source for which no entitlement has previously been required under the Water Act 1912.2Part 13 allows for amendments to be made to this clause.3Aboriginal person is defined in the Dictionary.cl 52: Am 2014 (205), Sch 1 [42]–[46]; 2016 (377), Sch 1 [25].
52A Granting of access licences as a result of controlled allocation
The Minister may grant an access licence where the right to apply for the licence has been acquired under section 65 of the Act.cl 52A: Ins 2014 (205), Sch 1 [47].
Part 9 Rules for managing access licences
Division 1 Water allocation account management rules
53 General
The rules in this Division apply to the taking of water under an access licence with a share component that specifies one of these water sources.Note—The Act provides for the keeping of water allocation accounts. The rules in this Division impose further limits on the water that may be taken under an access licence over a specified period of time. These limits are in addition to any other limits on access licences for the taking of water contained in this Plan. For further clarification, these rules do not authorise the taking of more water than is credited to the respective water allocation account for the access licence at the time water is taken. It is an offence under the Act to take more water than is credited to the water allocation account for an access licence.
54 Individual access licence account management rules
(1) For the period of the first three water years in which this Plan has effect, the maximum volume of water that may be taken under a domestic and stock access licence, a local water utility access licence, an unregulated river access licence or an unregulated river (high flow) access licence must not exceed a volume equal to:(a) 50% of the water allocations accrued to the water allocation account for the access licence from available water determinations in the first water year, plus(b) the sum of water allocations accrued to the water allocation account for the access licence from available water determinations in the second and third water years, plus(c) the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act in those years, plus(d) any water allocations re-credited to the water allocation account for the access licence in accordance with section 76 of the Act in those years.(2) For the period of any three consecutive water years after the first water year in which this Plan has effect, the maximum volume of water that may be taken under a domestic and stock access licence, a local water utility access licence, an unregulated river access licence or an unregulated river (high flow) access licence must not exceed a volume equal to the lesser of:(a) the sum of:(i) water allocations accrued to the water allocation account for the access licence from available water determinations in those three water years,(ii) the water allocations carried over from the water year prior to those three water years under subclause (4),(iii) the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act in those years three water years, and(iv) any water allocations re-credited to the water allocation account for the access licence in accordance with section 76 of the Act in those three water years, or(b) the sum of:(i) the share component of the access licence at the beginning of the first of those three water years,(ii) the share component of the access licence at the beginning of the second of those three water years,(iii) the share component of the access licence at the beginning of the third of those three water years,(iv) the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act in those three water years, and(v) any water allocations re-credited to the water allocation account for the access licence in accordance with section 76 of the Act in those three water years.(3) In any water year, the maximum volume of water that may be taken under a major utility access licence in these water sources must not exceed a volume equal to:(a) the sum of water allocations accrued under the access licence from available water determinations in that year, plus(b) the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act in that year, plus(c) any water allocations re-credited to the water allocation account for the access licence in accordance with section 76 of the Act in that year.(4) The maximum water allocation that can be carried over in the water allocation account for a domestic and stock access licence, a local water utility access licence, an unregulated river access licence or an unregulated river (high flow) access licence in these water sources, from one water year to the next is equal to:(a) 100% of the access licence share component, for access licences with share components expressed as ML/year, or(b) 1 ML per unit share of access licence share component, for access licences with share components expressed as a number of unit shares.(5) Water allocations remaining in the water allocation account for a major utility access licence in these water sources cannot be carried over from one water year to the next.cl 54: Am 2014 (205), Sch 1 [48].
Division 2 Flow classes and daily access rules
55 General
The rules in this Division apply to the taking of water under an access licence with a share component that specifies one of these water sources.Note—Part 13 allows for amendments to be made to Division 2 of Part 9.
56 Flow classes
(1) This Plan establishes the flow classes specified in Column 3 of Table C as the basis for the sharing of flows on a daily basis in these water sources.(2) The flow classes in Column 3 and the flow reference points specified or referred to in Column 6 of Table C, are established for each water source specified in Column 1 and each management zone specified in Column 2 of Table C.(3) The flow classes commence in the year specified in Column 4 of Table C.(4) Subject to subclause (5A) and (5B), a flow class applies in the respective water source or management zone on the day specified in Column 7 of Table C when flows (the flow of water in ML/day) as measured at the flow reference point specified in Column 6 of Table C are equal to the flow specified in Column 5 of Table C and/or meet any other conditions specified in the Column.(5) For the purpose of Table C:(a) Year 1 of this Plan means from the date of commencement of this Plan, and(b) Year 6 of this Plan means from 1 July 2016.Note—1The flow classes, flow reference points, water sources or management zones to which a flow class applies, or any other matter listed in Table C may be amended as provided for in Part 13 of this Plan.2Only those water sources for which flow classes have been established at the commencement of this Plan are shown in Table C.Table C—Flow Classes
2 When releases are not being made under clause 28 (1) (a), or
3 Where clause 28 (1) (b) applies and flows are equal to or less than the required release under clause 28 (1) (a)
2 Where clause 28 (1) (b) applies and flows are more than the required release under clause 28 (1) (a)
From 1 April to 31 October, 22 ML/day or less
2 When releases are not being made under clause 36when
, and
(b)when
.
For the purposes of this subclause:A= the volume of water released from Wallacia Weir over the previous 24-hour period under clause 34 (9),B= the respective factor specified in Column 2 of Table D when total inflows to Avon Dam, Cataract Dam, Cordeaux Dam and Nepean Dam are at the percentile specified in rows (a)–(f) of Column 1 of Table D, or for intermediate percentiles to those specified in rows (a)–(f) of Column 1 of Table D, the factor derived by linear interpolation between the two factors specified in Column 2 of Table D, andC= the volume of water released from St Marys Water Recycling Plant to the Nepean River over the previous 24-hour period.(7) Subject to subclause (12), from Year 6 of this Plan, the Very Low Flow Class for the Lower Nepean River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source is when flows in the Nepean River at Yarramundi gauge (2122001) are equal to or less than:(a)when
, and
(b)when
.
For the purposes of this subclause:A= the volume of water released from Wallacia Weir over the previous 24-hour period under clause 34 (9),B= the respective factor specified in Column 2 of Table D when total inflows to Avon Dam, Cataract Dam, Cordeaux Dam and Nepean Dam are at the percentile specified in rows (a)–(f) of Column 1 of Table D, or for intermediate percentiles to those specified in rows (a)–(f) of Column 1 of Table D, the factor derived by linear interpolation between the two factors specified in Column 2 of Table D,C= the volume of water released from St Marys Water Recycling Plant to the Nepean River over the previous 24-hour period, andD= the lesser of gauged tributary inflows between Warragamba Dam and the confluence of the Nepean River and the Grose River or the 95th percentile for those gauged tributary inflows.(8) From Years 1 to 5 of this Plan, A Class for the Lower Nepean River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source is when flows in the Nepean River at Yarramundi gauge (2122001) are greater than:(a)and equal to or less than
, when
, and
(b)and equal to or less than
, when
.
For the purposes of this subclause:A= the volume of water released from Wallacia Weir over the previous 24-hour period under clause 34 (9),B= the respective factor specified in Column 2 of Table D when total inflows to Avon Dam, Cataract Dam, Cordeaux Dam and Nepean Dam are at the percentile specified in rows (a)–(f) of Column 1 of Table D, or for intermediate percentiles to those specified in rows (a)–(f) of Column 1 of Table D, the factor derived by linear interpolation between the two factors specified in Column 2 of Table D,C= the volume of water released from St Marys Water Recycling Plant to the Nepean River over the previous 24-hour period, andE= 25 ML from 1 November to 31 March and 17 ML from 1 April to 31 October.(9) Subject to subclause (12), from Year 6 of this Plan, A Class for the Lower Nepean River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source is when flows in the Nepean River at Yarramundi gauge (2122001) are greater than:(a)and equal to or less than
, when
, and
(b)and equal to or less than
, when
.
For the purposes of this subclause:A= the volume of water released from Wallacia Weir over the previous 24-hour period under clause 34 (9),B= the respective factor specified in Column 2 of Table D when total inflows to Avon Dam, Cataract Dam, Cordeaux Dam and Nepean Dam are at the percentile specified in rows (a)–(f) of Column 1 of Table D, or for intermediate percentiles to those specified in rows (a)–(f) of Column 1 of Table D, the factor derived by linear interpolation between the two factors specified in Column 2 of Table D,C= the volume of water released from St Marys Water Recycling Plant to the Nepean River over the previous 24-hour period,D= the lesser of gauged tributary inflows between Warragamba Dam and the confluence of the Nepean River and the Grose River or the 95th percentile for those gauged tributary inflows, andE= 25 ML from 1 November to 31 March and 17 ML from 1 April to 31 October.(10) From Years 1 to 5 of this Plan, B Class for the Lower Nepean River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source is when flows in the Nepean River at Yarramundi gauge (2122001) are greater than:(a)when
, and
(b)when
.
For the purposes of this subclause:A= the volume of water released from Wallacia Weir over the previous 24-hour period under clause 34 (9),B= the respective factor specified in Column 2 of Table D when total inflows to Avon Dam, Cataract Dam, Cordeaux Dam and Nepean Dam are at the percentile specified in rows (a)–(f) of Column 1 of Table D, or for intermediate percentiles to those specified in rows (a)–(f) of Column 1 of Table D, the factor derived by linear interpolation between the two factors specified in Column 2 of Table D,C= the volume of water released from St Marys Water Recycling Plant to the Nepean River over the previous 24-hour period, andE= 25 ML from 1 November to 31 March and 17 ML from 1 April to 31 October.(11) Subject to subclause (12), from Year 6 of this Plan, B Class for the Lower Nepean River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source is when flows in the Nepean River at Yarramundi gauge (2122001) are greater than:(a)when
, and
(b)when
.
For the purposes of this subclause:A= the volume of water released from Wallacia Weir over the previous 24-hour period under clause 34 (9),B= the respective factor specified in Column 2 of Table D when total inflows to Avon Dam, Cataract Dam, Cordeaux Dam and Nepean Dam are at the percentile specified in rows (a)–(f) of Column 1 of Table D, or for intermediate percentiles to those specified in rows (a)–(f) of Column 1 of Table D, the factor derived by linear interpolation between the two factors specified in Column 2 of Table D,C= the volume of water released from St Marys Water Recycling Plant to the Nepean River over the previous 24-hour period,D= the lesser of gauged tributary inflows between Warragamba Dam and the confluence of the Nepean River and the Grose River or the 95th percentile for those gauged tributary inflows, andE= 25 ML from 1 November to 31 March and 17 ML from 1 April to 31 October.
. For the purposes of this subclause:
X1= the flow at Nepean River at Yarramundi gauge (2122001),Y1= the flow at the Grose River at Burralow gauge (212291),A1= the upper limit of the Very Low Flow Class for the Lower Nepean River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source, andB1= the upper limit of the Very Low Flow Class for the Grose River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source.Note—0.44 ML/day corresponds to the estimate of basic landholder rights within the Upper Hawkesbury River (Grose River to South Creek) Management Zone that will be met through the protection of very low flows from upstream management zones.(14) From Year 1 of this Plan, A Class for the Upper Hawkesbury River (Grose River to South Creek) Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source is when. For the purposes of this subclause, the values are as specified in subclause (13).
(15) From Year 1 of this Plan, the Very Low Flow Class for the Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source is when. For the purposes of this subclause:
X2=, as these values are specified in subclause (13),
Y2= the flow at the South Creek at Richmond Road gauge (212297),A2=, as these values are specified in subclause (13), and
B2= the upper limit of the Very Low Flow Class for the Lower South Creek Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source.Note—0.22 ML/day corresponds to the estimate of basic landholder rights within the Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone that will be met through the protection of very low flows from upstream management zones.(16) From Year 1 of this Plan, A Class for the Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source is when. For the purposes of this subclause, the values are as specified in subclause (15).
(17) From Year 1 of this Plan, the Very Low Flow Class for the Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source is when. For the purposes of this subclause:
X3=, as these values are specified in subclause (15),
Y3= the flow at Cattai Creek at Cattai Ridge Road gauge (2122951),A3=, as these values are specified in subclause (15), and
B3= the upper limit of the Very Low Flow Class for the Cattai Creek Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source.Note—0.22 ML/day corresponds to the estimate of basic landholder rights within the Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone that will be met through the protection of very low flows from upstream management zones.(18) From Year 1 of this Plan, A Class for the Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source is when. For the purposes of this subclause, the values are as specified in subclause (17).
(19) From Year 1 of this Plan, the Very Low Flow Class for the Lower Hawkesbury River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source is when. For the purposes of this subclause:
X4=, as these values are specified in subclause (17),
Y4= the flow at Colo River at Upper Colo gauge (212290),A4=, as these values are specified in subclause (17), and
B4= the upper limit of the Very Low Flow Class for the Colo River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source.(20) From Year 1 of this Plan, A Class for the Lower Hawkesbury River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source is when. For the purposes of this subclause, the values are as specified in subclause (19).
cl 56: Am 2011 No 62, Sch 2.43 [5]–[7]; 2014 (205), Sch 1 [49]–[78]; 2014 No 74, Sch 3.48 [12]; 2016 (377), Sch 1 [26]–[28]; 2016 No 55, Sch 3.42 [1]; 2017 No 63, Sch 4.58.
57 Access rules for the taking of surface water
(1) Subject to subclause (19), water must not be taken under an access licence with a share component that specifies a water source or an extraction component that specifies a management zone with a Very Low Flow Class that has commenced, when flows in that water source or management zone are in the Very Low Flow Class. This subclause does not apply to the following:(a) the taking of water under an access licence to which subclause (5) applies,(b) the taking of water under an access licence held by Penrith Lakes Development Corporation as of the date of the commencement of this Plan which has an extraction component that specifies the Lower Nepean River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source,(c) the taking of water under an access licence with an extraction component that specifies the Upper Hawkesbury River (Grose River to South Creek) Management Zone, the Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone or the Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source when:(i) flows in that management zone are in the Very Low Flow Class and have been for X consecutive days prior, where X is the number of days specified in Column 1 of Table E for the month specified in Column 2 of Table E, andfor the following 3 consecutive days only, or(ii) the Bureau of Meteorology 4 pm or later forecast for Richmond for the following day is Y, where Y is the atmospheric temperature in degrees Celsius specified in Column 3 of Table E,(d) the taking of water under an access licence with an extraction component that specifies the Menangle Weir Management Zone, the Camden Weir Management Zone, the Sharpes Weir Management Zone, the Cobbity Weir Management Zone, the Mount Hunter Rivulet Weir Management Zone, the Brownlow Hill Weir Management Zone, the Theresa Park Weir Management Zone or the Wallacia Weir Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source when:(i) flows in that management zone are in the Very Low Flow Class and have been for X consecutive days prior (where X is the number of days specified in Column 1 of Table E for the month specified in Column 2 of Table E), andfor the following 3 consecutive days only,(ii) the Bureau of Meteorology 4 pm or later forecast for Campbelltown for the following day is Y, where Y is the temperature in degrees Celsius specified in Column 3 of Table E,(e) by the end of Year 5 of this Plan, the Minister is to conduct a review, in consultation with the Department of Primary Industries and the Office of Environment and Heritage, of the access rules specified in paragraphs (c) and (d) and subclauses (2) and (3).Table E—Flow class and climatic conditions
(degrees Celsius)
58 Total daily extraction limits
(1) This Plan establishes total daily extraction limits (hereafter TDELs) for access licences in these water sources as set out in this clause.(2) For the purpose of this clause:(a) Year 1 of this Plan means from the date of commencement of this Plan, and(b) Year 6 of this Plan means from 1 July 2016.(3) At the commencement of Year 1 of this Plan, TDELs are established in the following management zones in the Upper Nepean and Upstream Warragamba Water Source:(a) in the Wywandy Management Zone:(i) 4 ML/day in A Class for all access licences, excluding local water utility access licences to which clause 2 of Schedule 2 applies and major utility access licences,(ii) 8 ML/day in B Class for all access licences, excluding local water utility access licences to which clause 2 of Schedule 2 applies and major utility access licences, and(iii) 15 ML/day in C Class for all access licences, excluding local water utility access licences to which clause 2 of Schedule 2 applies and major utility access licences, and(b) in the Dharabuladh Management Zone:(i) 10 ML/day in A Class for all access licences, excluding local water utility access licences to which clause 2 of Schedule 2 applies,(ii) 20 ML/day in B Class for all access licences, excluding local water utility access licences to which clause 2 of Schedule 2 applies, and(iii) 40 ML/day in C Class for all access licences, excluding local water utility access licences to which clause 2 of Schedule 2 applies.(4) After each water year, the total volume of water extracted under access licences in the Upper Hawkesbury River (Grose River to South Creek), Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone and Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone on each day that the exemption under clause 57 (1) (c) applied is to be calculated.(5) If the total extractions calculated under subclause (4) exceeded 105 ML/day on any day that the exemption under clause 57 (1) (c) applied, the Minister is to conduct, in consultation with the Department of Primary Industries and Office of Environment and Heritage, an assessment of daily extractions in the management zones specified in subclause (4) for the purpose of determining whether TDELs and/or IDELs should be introduced in those management zones on the days that the exemption under clause 57 (1) (c) and the access limits under clause 57 (2) apply. The assessment is to take into account:(a) the impacts of extractions on the environment and other water users for those days that the exemption under clause 57 (1) (c) applies,(b) the impacts of extractions on saltwater intrusion and other relevant water quality parameters for those days that the exemption under clause 57 (1) (c) applies, and(c) the appropriate TDELs and/or IDELs for those days that the exemption under clause 57 (1) (c) applies to manage any impacts identified under (a) or (b).(6) After each water year, the total volume of water extracted under access licences in the Menangle Weir Management Zone, Camden Weir Management Zone, Sharpes Weir Management Zone, Cobbity Weir Management Zone, Mount Hunter Rivulet Weir Management Zone, Brownlow Hill Weir Management Zone, Theresa Park Weir Management Zone or Wallacia Weir Management Zone on each day that the exemption under clause 57 (1) (d) applied is to be calculated.(7) If the total extractions calculated under subclause (6) exceeded 41 ML/day on any day that the exemption under clause 57 (1) (d) applied, the Minister is to conduct, in consultation with the Department of Primary Industries and Office of Environment and Heritage, an assessment of daily extractions in the management zones specified in subclause (6) for the purpose of determining whether TDELs and/or IDELs should be introduced in those management zones on the days that the exemption under clause 57 (1) (d) applies. The assessment is to take into account:(a) the impacts of extractions on the environment and other water users for those days that the exemption under clause 57 (1) (d) applies,(b) the impacts of extractions and relevant water quality parameters for those days that the exemption under clause 57 (1) (d) applies, and(c) the appropriate TDELs and/or IDELs for those days that the exemption under clause 57 (1) (d) applies to manage any impacts identified under (a) or (b).(8) At the commencement of Year 6 of this Plan, TDELs are established in these water sources as follows:(a) the following management zones in the Illawarra Rivers Water Source:(i) in the Minnamurra River Management Zone, 1.9 ML/day in A Class for all access licences, excluding local water utility access licences to which clause 2 of Schedule 2 applies, and(ii) in the Macquarie Rivulet Management Zone, 5.4 ML/day in A Class for all access licences, excluding local water utility access licences to which clause 2 of Schedule 2 applies,(b) the following management zones in the Upper Nepean and Upstream Warragamba Water Source:(i) in the Upper Wollondilly River Management Zone:(A) 1.8 ML/day in A Class for all access licences, excluding local water utility access licences to which clause 2 of Schedule 2 applies, and(B) 9.9 ML/day in B Class for all access licences, excluding local water utility access licences to which clause 2 of Schedule 2 applies,(ii) in the Lower Wingecarribee River and Upper Wingecarribee River Management Zones, the sum of 7.2 ML/day over both zones in A Class for all access licences, excluding local water utility access licences to which clause 2 of Schedule 2 applies.(8A) TDELs are established in the Kangaroo River Management Zone in the Shoalhaven River Water Source for each flow class as follows:(a) 18.04 ML/day for A class,(b) 39.98 ML/day for B class, and(c) 48.02 ML/day for C class.(9) The TDELs specified in subclauses (5), (7) and (8A) apply to all rivers within the respective management zones, apart from those rivers identified as minor streams in a harvestable rights order made under section 54 of the Act.Notes—1TDELs are an assessment tool only and will be used by the Department to determine which access licences (if any) may require individual daily extraction limits. However, continued exceedence of a TDEL may result in the imposition of individual daily extraction limits under clause 60.2Part 13 of this Plan allows for amendments to be made to establish TDELs.cl 58: Am 2014 (205), Sch 1 [86]–[88]; 2016 (377), Sch 1 [38] [39].
59 Assignment of TDELs to categories of access licences
(1) This Plan assigns TDELs to categories of access licences in these water sources as set out in this clause.(2) For the purpose of this clause:(a) Year 1 of this Plan means from the date of commencement of this Plan, and(b) Year 6 of this Plan means from 1 July 2016.(3) At the commencement of Year 1 of this Plan, TDELs are assigned in the following management zones in the Upper Nepean and Upstream Warragamba Water Source:(a) in the Wywandy Management Zone, for A Class:(i) 0.01 ML/day for domestic and stock access licences, and(ii) 3.99 ML/day for unregulated river access licences,(b) in the Wywandy Management Zone, for B Class:(i) 0.01 ML/day for domestic and stock access licences, and(ii) 4.99 ML/day for unregulated river access licences,(c) in the Wywandy Management Zone, for C Class:(i) 0.01 ML/day for domestic and stock access licences, and(ii) 9.99 ML/day for unregulated river access licences,(d) in the Dharabuladh Management Zone, for A Class:(i) 0.04 ML/day for domestic and stock access licences, and(ii) 9.96 ML/day for unregulated river access licences,(e) in the Dharabuladh Management Zone, for B Class:(i) 0.04 ML/day for domestic and stock access licences, and(ii) 14.96 ML/day for unregulated river access licences,(f) in the Dharabuladh Management Zone, for C Class:(i) 0.04 ML/day for domestic and stock access licences, and(ii) 19.96 ML/day to unregulated river access licences,(g) in the Kangaroo River Management Zone, for A Class:(i) 0.27 ML/day for domestic and stock access licences,(ii) 0.31 ML/day for local water utility access licences, and(iii) 17.46 ML/day for unregulated river access licences,(h) in the Kangaroo River Management Zone, for B Class:(i) 0.5 ML/day for domestic and stock access licences,(ii) 0.68 ML/day for local water utility access licences, and(iii) 38.8 ML/day for unregulated river access licences,(i) in the Kangaroo River Management Zone, for C Class:(i) 0.6 ML/day for domestic and stock access licences,(ii) 0.86 ML/day for local water utility access licences, and(iii) 46.56 ML/day to unregulated river access licences.(4) At the commencement of Year 6 of this Plan, TDELs are assigned in these water sources as follows:(a) the following management zones in the Illawarra Rivers Water Source:(i) in the Minnamurra River Management Zone, for A Class:(A) 0.10 ML/day for domestic and stock access licences, and(B) 1.80 ML/day for unregulated river access licences,(ii) in the Macquarie Rivulet Management Zone, for A Class:(A) 0.16 ML/day for domestic and stock access licences, and(B) 5.24 ML/day for unregulated river access licences,(b) the following management zones in the Upper Nepean and Upstream Warragamba Water Source:(i) in the Upper Wollondilly River Management Zone, for A Class:(A) 0.02 ML/day for domestic and stock access licences,(B) 1.40 ML/day for local water utility access licences, excluding local water utility access licences to which clause 2 of Schedule 2 applies, and(C) 0.38 ML/day for unregulated river access licences,(ii) in the Upper Wollondilly River Management Zone, for B Class:(A) 0.08 ML/day for domestic and stock access licences,(B) 5.77 ML/day for local water utility access licences, excluding local water utility access licences to which clause 2 of Schedule 2 applies, and(C) 4.05 ML/day for unregulated river access licences,(iii) in the Upper Wingecarribee River Management Zone, for A Class:(A) 0.06 ML/day for domestic and stock access licences,(B) 0 ML/day for local water utility access licences, excluding local water utility access licences to which clause 2 of Schedule 2 applies, and(C) 0.91 ML/day for unregulated river access licences,(iv) in the Lower Wingecarribee River Management Zone, for A Class:(A) 0.06 ML/day for domestic and stock access licences,(B) 4.26 ML/day for local water utility access licences, excluding local water utility access licences to which clause 2 of Schedule 2 applies, and(C) 1.91 ML/day for unregulated river access licences.Note—Part 13 of this Plan allows for amendments to be made to assign TDELs.cl 59: Am 2014 (205), Sch 1 [89]; 2016 (377), Sch 1 [40]; 2016 No 55, Sch 3.42 [2].
60 Individual daily extraction limits
(1) At the commencement of this Plan, there are no individual daily extraction limits (hereafter IDELs) established for access licences in these water sources.(2) The Minister may amend the extraction component of an access licence under section 68A of the Act or this Plan to impose an IDEL on any access licence with an extraction component in the Upper Hawkesbury River (Grose River to South Creek) Management Zone, Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone, Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone, Menangle Weir Management Zone, Camden Weir Management Zone, Sharpes Weir Management Zone, Cobbity Weir Management Zone, Mount Hunter Rivulet Weir Management Zone, Brownlow Hill Weir Management Zone, Theresa Park Weir Management Zone , Wallacia Weir Management Zone or Kangaroo River Management Zone.(3) If the Minister is satisfied that an assessment of daily extraction under access licences for which a TDEL is established and assigned under clauses 58 and 59 indicates that extraction under the access licences exceeds the TDEL, the Minister may either amend the extraction component of an access licence under section 68A of the Act or this Plan to impose an IDEL on any one or more of those access licences.Note—Part 13 of this Plan allows for amendments to be made to establish IDELs.cl 60: Am 2014 (205), Sch 1 [90]; 2016 (377), Sch 1 [41].
Part 10 Rules for water supply work approvals
Note—
This Part is made in accordance with sections 5, 21 and 95 of the Act. Part 13 allows for amendments to be made to Part 10.
61 General
The rules in this Part apply to water supply work approvals for water supply works that may be used to take water from these water sources.cl 61: Am 2014 (205), Sch 1 [91].
62 Granting or amending water supply work approvals
(1) If the sum of the share components of access licences nominating a water supply work that is a runoff harvesting dam or an in-river dam is reduced via:(a) a dealing,(b) the surrender under section 77 of the Act of an access licence and then the subsequent cancellation of that access licence under section 77A (6) of the Act,(c) the amendment of the share component of the access licence by the Minister under section 68A of the Act, orthe Minister may require the modification of the dam to ensure that the capability of the dam to capture water is reduced to reflect that reduction in share component.(d) the cancellation of an access licence under section 78 of the Act or via the compulsory acquisition of an access licence under section 79 of the Act,Notes—1The Minister can require the modification of the dam by amending the mandatory conditions of the relevant water supply work approval. Under section 102 (3) of the Act, the mandatory conditions of an approval may be imposed, amended, revoked or suspended by the Minister whenever it is necessary to do so in order to enable compliance with or to give effect to a relevant management plan.2Runoff harvesting dam is defined in the Dictionary.(2) A water supply work approval must not be granted or amended to authorise a water supply work located in:(a) the following hydrological catchments in the Reedy Creek Management Zone in the Shoalhaven River Water Source:(i) the hydrological catchment of the Sandhills Creek at or above the confluence with Mulloon Creek, or(ii) the hydrological catchment of Mulloon Creek, excluding Mulloon Creek, at or above the confluence with Sandhills Creek,(b) the following hydrological catchments in the Upper Nepean and Upstream Warragamba Water Source:(i) the hydrological catchment of the Jenolan River at or above the Pheasants Nest Creek confluence in the Jenolan River Management Zone,(ii) the hydrological catchment of Mares Forest Creek at or above the confluence of Guineacor Creek in the Lower Wollondilly River Management Zone, or(iii) the hydrological catchment of the Kowmung River including Tuglow Hole Creek at or above the confluence of Tuglow Hole Creek in the Kowmung River Management Zone,(c) the hydrological catchment of the Crown Creek at or above 231306 Easting and 6324000 Northing in the Colo River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source, or(d) the hydrological catchment of the Wingecarribee River at or below 241565 Easting and 6191498 Northing in the Lower Wingecarribee River Management Zone in the Upper Nepean and Upstream Warragamba Water Source.(3) Subject to subclause (4), a water supply work approval must not be granted or amended to authorise a water supply work to take water from a lagoon located in any of the following management zones:(a) Upper Hawkesbury River (Grose River to South Creek) Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source,(b) Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source,(c) Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source,(d) Lower Hawkesbury River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source,(e) Lower Nepean River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source, or(f) Mid Nepean River Catchment Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source.(4) Subclause (3) does not apply to the grant or amendment of a water supply work approval for a replacement water supply work to take water from a lagoon located in a management zone specified in subclause (3). For the purposes of this subclause, a replacement water supply work means a water supply work that replaces an existing water supply work constructed and used for the purpose of taking water from a lagoon located in a management zone specified in subclause (3) where:(a) the existing water supply work is authorised by a water supply work approval under the Act, and(b) the replacement water supply work is to be constructed to extract water from the same management zone as the existing water supply work.(5) A water supply work approval must not be granted or amended to authorise a new in-river dam, except for a new in-river dam that will be nominated by a local water utility access licence or major utility (subcategory “Urban water”) access licence in:(a) the following management zones in the Shoalhaven River Water Source:(i) Broughton Creek Management Zone,(ii) Broughton Mill Creek Management Zone,(iii) Jaspers Brush Creek and Tributaries Management Zone,(iv) Lower Shoalhaven River Catchment Management Zone,(v) Lower Shoalhaven River Management Zone,(vi) Lower Kangaroo River Management Zone,(vii) Nerrimunga Creek Management Zone,(viii) Fitzroy Falls Management Zone,(ix) Yarrunga Creek Management Zone,(x) Shoalhaven River Gorge Management Zone,(xi) Mongarlowe River Management Zone,(xii) Boro Creek Management Zone,(xiii) Reedy Creek Management Zone, and(xiv) Mid Shoalhaven River Management Zone, and(xv) Kangaroo River Management Zone,(b) the following management zones in the Illawarra Rivers Water Source:(i) Minnamurra Coastal Management Zone,(ii) Minnamurra River Management Zone,(iii) Macquarie Rivulet Management Zone, and(iv) Lake Illawarra Management Zone,(c) the following management zones in the Upper Nepean and Upstream Warragamba Water Source:(i) Lower Wollondilly River Management Zone,(ii) Kowmung River Management Zone,(iii) Upper Wingecarribee River Management Zone,(iv) Lower Wingecarribee River Management Zone,(v) Mulwaree River Management Zone, and(vi) Maldon Weir Management Zone,(d) the following management zones in the Hawkesbury and Lower Nepean Rivers Water Source:(i) Berowra Creek and Cowan Creek Management Zone,(ii) Colo River Management Zone,(iii) Grose River Management Zone,(iv) (Repealed)(v) Menangle Weir Management Zone,(vi) Camden Weir Management Zone,(vii) Sharpes Weir Management Zone,(viii) Cobbity Weir Management Zone,(ix) Mount Hunter Rivulet Weir Management Zone,(x) Brownlow Hill Weir Management Zone,(xi) Theresa Park Weir Management Zone,(xii) Wallacia Weir Management Zone,(xiii) Mid Nepean River Catchment Management Zone,(xiv) Lower Nepean River Management Zone,(xv) Upper Hawkesbury River (Grose River to South Creek) Management Zone,(xvi) Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone,(xvii) Upper Hawkesbury River (Cattai Creek to Colo River) Management, and(xviii) Lower Hawkesbury River Management Zone,(e) the following management zones in the Southern Sydney Rivers Water Source:(i) Lower Georges River and Bunbury Curran Creek Management Zone, and(ii) Cooks River and Botany Bay Management Zone, and(f) the following management zones in the Northern Sydney Rivers Water Source:(i) Lower Parramatta River Management Zone, and(ii) Lane Cove River Management Zone.Notes—1Except as provided in subclause (5), in-river dams are prohibited in all management zones unless they are already exempt from the requirement for a water supply work approval under the Water Management (General) Regulation 2011.2A water supply work approval is not required for the construction of an excluded work specified in Schedule 1 of the Water Management (General) Regulation 2011.cl 62: Am 2014 (205), Sch 1 [92]–[96]; 2016 (377), Sch 1 [42] [43].
Part 11 Access licence dealing rules
63 General
The access licence dealing rules established in this Part apply to all access licence dealings in these water sources.Notes—1Access licence dealings in these water sources are subject to the provisions of the Act, the regulations, the access licence dealing principles and the access licence dealing rules established in this Part.2The access licence dealing principles prevail over the access licence dealing rules in this Plan to the extent of any inconsistency, as provided under section 71Z (3) of the Act.3Part 13 of this Plan allows for amendments to be made to this Part.
64 Conversion of access licence to new category
(1) This clause relates to dealings under section 71O of the Act in these water sources.(2) Dealings under section 71O of the Act are prohibited unless the conversion is from:(a) a domestic and stock access licence to a domestic and stock (domestic only) access licence and a domestic and stock (stock only) access licence, provided that:(i) the sum of the share components of the new domestic and stock (domestic only) and domestic and stock (stock only) access licences being equal to the share component of the cancelled domestic and stock access licence, and(ii) the share component volume of the new domestic and stock (domestic only) access licence being sufficient to meet the needs of domestic consumption as defined in section 52 of the Act,(b) a domestic and stock (stock only) access licence to an unregulated river access licence, provided that the number of unit shares expressed in the share component of the new unregulated river access licence is equal to the number of megalitres per year expressed in the share component of the cancelled domestic and stock (stock only) access licence, or(c) an unregulated river access licence to an unregulated river (high flow) access licence in the following management zones:(i) Upper Shoalhaven River Management Zone in the Shoalhaven River Water Source,(ii) Broughton Creek Management Zone in the Shoalhaven River Water Source,(iii) Broughton Mill Creek Management Zone in the Shoalhaven River Water Source,(iv) Maldon Weir Management Zone in the Upper Nepean and Upstream Warragamba Water Source,(v) Lower Hawkesbury River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source,(vi) Macdonald River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source,(vii) Upper South Creek Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source,(viii) Lower South Creek Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source, and(ix) Cattai Creek Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source.(3) A dealing permitted under subclause (2) (c) is subject to:(a) the application of a conversion factor so that the share component of the unregulated river (high flow) access licence is 2.5 times the share component of the unregulated river access licence, and(b) the total share component of all unregulated river access licences share component being converted to unregulated river (high flow) access licences not exceeding:(i) 392 unit shares in the Upper Shoalhaven River Management Zone in the Shoalhaven River Water Source,(ii) 158 unit shares in the Broughton Mill Creek Management Zone in the Shoalhaven River Water Source,(iii) 158 unit shares in the Broughton Creek Management Zone in the Shoalhaven River Water Source,(iv) 134 unit shares in the Maldon Weir Management Zone in the Upper Nepean and Upstream Warragamba Water Source,(v) 434 unit shares in the Lower Hawkesbury River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source,(vi) 392 unit shares in the Macdonald River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source,(vii) 414 unit shares in the Lower South Creek Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source,(viii) 88 unit shares in the Upper South Creek Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source, and(ix) 107 unit shares in the Cattai Creek Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source.
65 Assignment of rights dealings
(1) This clause relates to dealings under section 71Q of the Act in these water sources.(2) Dealings under section 71Q of the Act within the same water source are prohibited in these water sources if the dealing involves an assignment of rights:(a) from an access licence with an extraction component that specifies a management zone downstream of a major utility or local water utility water supply work (dam or weir), excluding Menangle Weir, Camden Weir, Sharpes Weir, Cobbity Weir, Mount Hunter Rivulet Weir, Brownlow Hill Weir, Theresa Park Weir, Wallacia Weir and Penrith Weir, to a management zone that is located upstream of the water supply work, except as provided in paragraph (qq),(b) from an access licence with an extraction component that specifies a management zone upstream of a major utility or local water utility water supply work (dam or weir), excluding Menangle Weir, Camden Weir, Sharpes Weir, Cobbity Weir, Mount Hunter Rivulet Weir, Brownlow Hill Weir, Theresa Park Weir, Wallacia Weir and Penrith Weir, to a management zone that is located downstream of the water supply work, except as provided in paragraphs (rr), (ss) and (tt),(c) from an access licence that nominates a water supply work that is a runoff harvesting dam to an access licence that nominates a water supply work that is not a runoff harvesting dam,(d) from an access licence with an extraction component that specifies a management zone in the Shoalhaven River Water Source to an access licence with an extraction component that specifies another management zone in the Shoalhaven River Water Source that is one of the following:(i) Mid Shoalhaven River Management Zone,(ii) Reedy Creek Management Zone,(iii) Mongarlowe River Management Zone,(iv) Corang and Endrick Rivers Management Zone,(v) Nerrimunga Creek Management Zone,(vi) Bungonia Creek Management Zone,(vii) Fitzroy Falls Management Zone,(viii) Yarrunga Creek Management Zone,(ix) Lower Kangaroo River Management Zone,(x) Bundanoon Creek Management Zone,(xi) Bomaderry Creek Management Zone,(xii) Broughton Creek Management Zone,(xiii) Broughton Mill Creek Management Zone, or(xiv) Jaspers Brush Creek and Tributaries Management Zone,(e) from an access licence with an extraction component that specifies a management zone in the Shoalhaven River Water Source to an access licence with an extraction component that specifies the Upper Shoalhaven River Management Zone in the Shoalhaven River Water Source, if the dealing would cause the sum of the share components of all access licences in the Upper Shoalhaven River Management Zone, other than unregulated river (high flow) access licences, to exceed the sum of the share components of all access licences that existed in the Upper Shoalhaven River Management Zone at the commencement of this Plan minus the share components of any unregulated river access licences that have been converted to unregulated river (high flow) access licences with an extraction component that specifies the Upper Shoalhaven River Management Zone since the commencement of this Plan,(f) from an access licence that does not nominate a water supply work located in the hydrological catchment of Sandhills Creek at and above the confluence of Mulloon Creek in the Reedy Creek Management Zone in the Shoalhaven River Water Source to an access licence that nominates a water supply work located in the hydrological catchment of Sandhills Creek at and above the confluence of Mulloon Creek in the Reedy Creek Management Zone in the Shoalhaven River Water Source,(g) from an access licence that does not nominate a water supply work located in the hydrological catchment of Mulloon Creek at and above the confluence of Sandhills Creek excluding Mulloon Creek in the Reedy Creek Management Zone in the Shoalhaven River Water Source to an access licence that nominates a water supply work located in the hydrological catchment of Mulloon Creek at and above the confluence of Sandhills Creek excluding Mulloon Creek in the Reedy Creek Management Zone in the Shoalhaven River Water Source,(h) from an access licence with an extraction component that specifies a management zone in the Shoalhaven River Water Source to an access licence with an extraction component that specifies the Boro Creek Management Zone in the Shoalhaven River Water Source, if it would cause the sum of the share components of all access licences with extraction components that specify the Boro Creek Management Zone to exceed the sum of the share components of all access licences with extraction components that specified the Boro Creek Management Zone at the date of commencement of this Plan plus 73,(i) from an access licence with an extraction component that specifies a management zone in the Shoalhaven River Water Source to an access licence with an extraction component that specifies the Shoalhaven River Gorge Management Zone in the Shoalhaven River Water Source, if it would cause the sum of the share components of all access licences with extraction components that specify the Shoalhaven River Gorge Management Zone to exceed 2,198,(j) from an access licence with an extraction component that specifies a management zone in the Shoalhaven River Water Source to an access licence with an extraction component that specifies another management zone in the Shoalhaven River Water Source that is one of the following, if it would cause the sum of the share components of all access licences with extraction components that specify that management zone to exceed the sum of the share components of all access licences that existed in that management zone at the date of commencement of this Plan:(i) Barbers Creek Management Zone,(ii) Lower Shoalhaven River Management Zone, or(iii) Lower Shoalhaven River Catchment Management Zone,(k) from an access licence that does not nominate a water supply work located above the Burrier town water supply pumping station in the Lower Shoalhaven River Management Zone in the Shoalhaven River Water Source to an access licence that nominates a water supply work located above the Burrier town water supply pumping station in the Lower Shoalhaven River Management Zone in the Shoalhaven River Water Source,(l) from an access licence that does not nominate a water supply work located in the hydrological catchment of Flat Rock Creek in the Lower Shoalhaven River Catchment Management Zone in the Shoalhaven River Water Source to an access licence that nominates a water supply work located in the hydrological catchment of Flat Rock Creek in the Lower Shoalhaven River Catchment Management Zone in the Shoalhaven River Water Source,(m) from an access licence that does not nominate a water supply work located in the hydrological catchment of Yalwal Creek in the Lower Shoalhaven River Catchment Management Zone in the Shoalhaven River Water Source to an access licence that nominates a water supply work located in the hydrological catchment of Yalwal Creek in the Lower Shoalhaven River Catchment Management Zone in the Shoalhaven River Water Source,(n) from an access licence with an extraction component that specifies a management zone in the Illawarra Rivers Water Source to an access licence with an extraction component that specifies another management zone in the Illawarra Rivers Water Source that is one of the following:(i) Minnamurra River Management Zone,(ii) Minnamurra Coastal Management Zone,(iii) Macquarie Rivulet Management Zone, or(iv) Wollongong Coastal Management Zone,(o) from an access licence with an extraction component that specifies a management zone in the Illawarra Rivers Water Source to an access licence with an extraction component that specifies the Lake Illawarra Management Zone in the Illawarra Rivers Water Source, if it would cause the sum of the share components of all access licences with extraction components that specify the Lake Illawarra Management Zone to exceed the sum of the share components of all access licences with extraction components that specified the Lake Illawarra Management Zone at the date of commencement of this Plan,(p) from an access licence that does not nominate a water supply work located in the hydrological catchment of Koona Bay East in the Lake Illawarra Management Zone in the Illawarra Rivers Water Source to an access licence that nominates a water supply work located in the hydrological catchment of Koona Bay East in the Lake Illawarra Management Zone in the Illawarra Rivers Water Source,(q) from an access licence that does not nominate a water supply work located in the hydrological catchment of Windang in the Lake Illawarra Management Zone in the Illawarra Rivers Water Source to an access licence that nominates a water supply work located in the hydrological catchment of Windang in the Lake Illawarra Management Zone in the Illawarra Rivers Water Source,(r) from an access licence with an extraction component that specifies a management zone in the Upper Nepean and Upstream Warragamba Water Source to an access licence with an extraction component that specifies another management zone in the Upper Nepean and Upstream Warragamba Water Source that is one of the following:(i) Mulwaree River Management Zone,(ii) Upper Wollondilly Management Zone,(iii) Lower Wollondilly Management Zone,(iv) Upper Wingecarribee River Management Zone,(v) Lower Wingecarribee River Management Zone,(vi) Medway Rivulet Management Zone,(vii) Maldon Weir Management Zone,(viii) Pheasants Nest Weir to Nepean Dam Management Zone,(ix) Maguires Crossing Management Zone,(x) Stonequarry Creek Management Zone,(xi) Lower Cataract River Management Zone,(xii) Mid Cataract River Management Zone,(xiii) Avon River Management Zone,(xiv) Cordeaux River Management Zone,(xv) Upper Nepean River Tributaries Headwaters Management Zone,(xvi) Wywandy Management Zone,(xvii) Dharabuladh Management Zone, or(xviii) Kowmung River Management Zone,(s) from an access licence that does not nominate a water supply work located in the hydrological catchment of the Mares Forest Creek at and above the confluence of Guineacor Creek in the Lower Wollondilly Management Zone in the Upper Nepean and Upstream Warragamba Water Source to an access licence that nominates a water supply work located in the hydrological catchment of Mares Forest Creek at and above the confluence of Gunieacor Creek in the Lower Wollondilly Management Zone in the Upper Nepean and Upstream Warragamba Water Source,(t) from an access licence that does not nominate a water supply work located in the hydrological catchment of the Wingecarribee River at and below 241565 Easting and 619498 Northing in the Lower Wingecarribee River Management Zone in the Upper Nepean and Upstream Warragamba Water Source to an access licence that nominates a water supply work located in the hydrological catchment of the Wingecarribee River at and below 241565 Easting and 619498 Northing in the Lower Wingecarribee River Management Zone in the Upper Nepean and Upstream Warragamba Water Source,(u) from an access licence with an extraction component that specifies a management zone in the Upper Nepean and Upstream Warragamba Water Source to an access licence with an extraction component that specifies another management zone in the Upper Nepean and Upstream Warragamba Water Source that is one of the following, if it would cause the sum of the share components of all access licences with extraction components that specify that management zone to exceed the sum of the share components of all access licences that specified that management zone at the date of commencement of this Plan:(i) Nattai River Management Zone,(ii) Little River Management Zone,(iii) Lake Burragorang Management Zone, except where the access licence to which rights are proposed to be assigned is held by the NSW Government or the Commonwealth for the purpose of providing water to the environment, and the assignment is for an environmental purpose,(iv) Werriberri Creek Management Zone,(v) Jenolan River Management Zone, or(vi) Kedumba River Management Zone,(v) from an access licence that nominates a water supply work located above Nepean Dam in the Maguires Crossing Management Zone in the Upper Nepean and Upstream Warragamba Water Source to an access licence that nominates a water supply work located below the Nepean Dam in the Maguires Crossing Management Zone in the Upper Nepean and Upstream Warragamba Water Source,(w) from an access licence that nominates a water supply work located below Nepean Dam in the Maguires Crossing Management Zone in the Upper Nepean and Upstream Warragamba Water Source to an access licence that nominates a water supply work located above Nepean Dam in the Maguires Crossing Management Zone in the Upper Nepean and Upstream Warragamba Water Source,(x) from an access licence that nominates a water supply work located above Avon Dam, Cataract Dam or Cordeaux Dam in the Upper Nepean River Tributaries Headwaters Management Zone in the Upper Nepean and Upstream Warragamba Water Source to an access licence that nominates a water supply work located below Avon Dam, Cataract Dam or Cordeaux Dam in the Upper Nepean River Tributaries Headwaters Management Zone in the Upper Nepean and Upstream Warragamba Water Source,(y) from an access licence that nominates a water supply work located below Avon Dam, Cataract Dam or Cordeaux Dam in the Upper Nepean River Tributaries Headwaters Management Zone in the Upper Nepean and Upstream Warragamba Water Source to an access licence that nominates a water supply work located above Avon Dam, Cataract Dam or Cordeaux Dam in the Upper Nepean River Tributaries Headwaters Management Zone in the Upper Nepean and Upstream Warragamba Water Source,(z) from an access licence that does not nominate a water supply work located in the hydrological catchment of the Jenolan River at and above the confluence with Pheasants Nest Creek in the Jenolan River Management Zone in the Upper Nepean and Upstream Warragamba Water Source to an access licence that nominates a water supply work located in the hydrological catchment of the Jenolan River at and above the confluence with Pheasants Nest Creek in the Jenolan River Management Zone in the Upper Nepean and Upstream Warragamba Water Source,(aa) from an access licence that does not nominate a water supply work located in the hydrological catchment of the Kowmung River including Tuglow Hole Creek at and above the confluence with Tuglow Hole Creek in the Kowmung River Management Zone in the Upper Nepean and Upstream Warragamba Water Source to an access licence that nominates a water supply work located in the hydrological catchment of the Kowmung River including Tuglow Hole Creek at and above the confluence with Tuglow Hole Creek in the Kowmung River Management Zone in the Upper Nepean and Upstream Warragamba Water Source,(bb) from an access licence that does not nominate a water supply work located in or upstream of a wild river in the Kowmung River Management Zone in the Upper Nepean and Upstream Warragamba Water Source to an access licence that nominates a water supply work located in or upstream of a wild river in the Kowmung River Management Zone in the Upper Nepean and Upstream Warragamba Water Source,(cc) to an access licence with an extraction component that specifies the Menangle Weir Management Zone, the Camden Weir Management Zone, the Sharpes Weir Management Zone, the Cobbity Weir Management Zone, the Mount Hunter Rivulet Weir Management Zone, the Brownlow Hill Weir Management Zone, the Theresa Park Weir Management Zone or the Wallacia Weir Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source from an access licence with an extraction component that specifies one of the following management zones in the Hawkesbury and Lower Nepean Rivers Water Source:(i) Mid Nepean River Catchment Management Zone,(ii) Lower Nepean River Management Zone,(iii) Erskine Creek and Glenbrook Creek Management Zone,(iv) Grose River Management Zone,(v) Capertee River Management Zone,(vi) Colo River Management Zone,(vii) Upper Hawkesbury River (Grose River to South Creek) Management Zone,(viii) Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone,(ix) Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone,(x) Lower Hawkesbury River Management Zone,(xi) Macdonald River Management Zone,(xii) Upper South Creek Management Zone,(xiii) Lower South Creek Management Zone,(xiv) Cattai Creek Management Zone,(xv) Berowra Creek and Cowan Creek Management Zone, or(xvi) Warragamba River Management Zone,(dd) to an access licence with an extraction component that specifies the Menangle Weir Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source from an access licence with an extraction component that specifies one of the following management zones in the Hawkesbury and Lower Nepean Rivers Water Source, if it would cause the sum of the share components of all access licences with extraction components that specify the Menangle Weir Management Zone to exceed the sum of the share components of all access licences with extraction components that specified the Menangle Weir Management Zone at the date of commencement of this Plan:(i) Camden Weir Management Zone,(ii) Sharpes Weir Management Zone,(iii) Cobbity Weir Management Zone,(iv) Mount Hunter Rivulet Weir Management Zone,(v) Brownlow Hill Weir Management Zone,(vi) Theresa Park Weir Management Zone, or(vii) Wallacia Weir Management Zone,(ee) to an access licence with an extraction component that specifies the Camden Weir Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source from an access licence with an extraction component that specifies one of the following management zones, if it would cause the sum of the share components of all access licences with extraction components that specify the Camden Weir Management Zone to exceed the sum of the share components of all access licences with extraction components that specified the Camden Weir Management Zone at the date of commencement of this Plan:(i) Sharpes Weir Management Zone,(ii) Cobbity Weir Management Zone,(iii) Mount Hunter Rivulet Weir Management Zone,(iv) Brownlow Hill Weir Management Zone,(v) Theresa Park Weir Management Zone, or(vi) Wallacia Weir Management Zone,(ff) to an access licence with an extraction component that specifies the Sharpes Weir Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source from an access licence with an extraction component that specifies one of the following management zones, if it would cause the sum of the share components of all access licences with extraction components that specify the Sharpes Weir Management Zone to exceed the sum of the share components of all access licences with extraction components that specified the Sharpes Weir Management Zone at the date of commencement of this Plan:(i) Cobbity Weir Management Zone,(ii) Mount Hunter Rivulet Weir Management Zone,(iii) Brownlow Hill Weir Management Zone,(iv) Theresa Park Weir Management Zone, or(v) Wallacia Weir Management Zone,(gg) to an access licence with an extraction component that specifies the Cobbity Weir Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source from an access licence with an extraction component that specifies one of the following management zones, if it would cause the sum of the share components of all access licences with extraction components that specify the Cobbity Weir Management Zone to exceed the sum of the share components of all access licences with extraction components that specified the Cobbity Weir Management Zone at the date of commencement of this Plan:(i) Mount Hunter Rivulet Weir Management Zone,(ii) Brownlow Hill Weir Management Zone,(iii) Theresa Park Weir Management Zone, or(iv) Wallacia Weir Management Zone,(hh) to an access licence with an extraction component that specifies the Mount Hunter Rivulet Weir Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source from an access licence with an extraction component that specifies one of the following management zones, if it would cause the sum of the share components of all access licences with extraction components that specify the Mount Hunter Rivulet Weir Management Zone to exceed the sum of the share components of all access licences with extraction components that specified the Mount Hunter Rivulet Weir Management Zone at the date of commencement of this Plan:(i) Brownlow Hill Weir Management Zone,(ii) Theresa Park Weir Management Zone, or(iii) Wallacia Weir Management Zone,(ii) to an access licence with an extraction component that specifies the Brownlow Hill Weir Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source from an access licence with an extraction component that specifies one of the following management zones, if it would cause the sum of the share components of all access licences with extraction components that specify the Brownlow Hill Weir Management Zone to exceed the sum of the share components of all access licences with extraction components that specified the Brownlow Hill Weir Management Zone at the date of commencement of this Plan:(i) Theresa Park Weir Management Zone, or(ii) Wallacia Weir Management Zone,(jj) to an access licence with an extraction component that specifies the Theresa Park Weir Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source from an access licence with an extraction component that specifies the Wallacia Weir Management Zone, if it would cause the sum of the share components of all access licences with extraction components that specify the Theresa Park Weir Management Zone to exceed the sum of the share components of all access licences with extraction components that specified the Theresa Park Weir Management Zone at the date of commencement of this Plan,(kk) from an access licence with an extraction component that specifies a management zone in the Hawkesbury and Lower Nepean Rivers Water Source to an access licence with an extraction component that specifies another management zone in the Hawkesbury and Lower Nepean Rivers Water Source that is one of the following:(i) Mid Nepean River Catchment Management Zone,(ii) Erskine Creek and Glenbrook Creek Management Zone,(iii) Grose River Management Zone,(iv) Lower Hawkesbury River Management Zone, except where the access licence to which rights are proposed to be assigned is held by the NSW Government or the Commonwealth for the purpose of providing water to the environment, and the assignment is for an environmental purpose,(v) Upper South Creek Management Zone,(vi) Lower South Creek Management Zone, or(vii) Warragamba River Management Zone,(ll) from an access licence that does not nominate a water supply work located in or upstream of a wild river in the Grose River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source to an access licence that nominates a water supply work located in or upstream of a wild river in the Grose River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source,(mm) from an access licence with an extraction component that specifies a management zone in the Hawkesbury and Lower Nepean Rivers Water Source to an access licence with an extraction component that specifies another management zone in the Hawkesbury and Lower Nepean Rivers Water Source that is one of the following management zones, if it would cause the sum of the share components of all access licences with extraction components that specify that management zone to exceed the sum of the share components of all access licences that existed in that management zone at the date of commencement of this Plan:(i) Capertee River Management Zone,(ii) Colo River Management Zone,(iii) Macdonald River Management Zone,(iv) Cattai Creek Management Zone, or(v) Berowra Creek and Cowan Creek Management Zone,(nn) from an access licence that does not nominate a water supply work located in or upstream of a wild river in the Capertee River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source to an access licence that nominates a water supply work located in or upstream of a wild river in the Capertee River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source,(oo) from an access licence that does not nominate a water supply work located in the hydrological catchment of Crown Creek to an access licence that nominates a water supply work located in the hydrological catchment of Crown Creek in the Capertee River Management Zone,(pp) from an access licence that does not nominate a water supply work located in or upstream of a wild river in the Colo River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source to an access licence that nominates a water supply work located in or upstream of a wild river in the Colo River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source,(qq) to an access licence with an extraction component that specifies the Lower Nepean River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source, unless:(i) the dealing involves an assignment of rights from an access licence with an extraction component that specifies one of the following management zones:(A) Upper Hawkesbury River (Grose River to South Creek) Management Zone,(B) Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone, or(C) Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone, and(ii) the dealing would not cause the sum of the share components of all access licences with extraction components that specify the Lower Nepean River Management Zone to exceed by more than 3.65 GL the sum of the share components of all access licences that existed in the Lower Nepean River Management Zone at the date of commencement of this Plan,(rr) to an access licence with an extraction component that specifies the Upper Hawkesbury River (Grose River to South Creek) Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source, unless the dealing involves an assignment of rights from an access licence with an extraction component that specifies one of the following management zones:(i) Upper Hawkesbury River (Grose River to South Creek) Management Zone,(ii) Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone,(iii) Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone, or(iv) Lower Nepean River Management Zone, provided that the dealing would not cause the sum of the share components of all access licences with extraction components that specify the Hawkesbury River (Grose River to South Creek) Management Zone, Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone and Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone to exceed the sum of the share components of all access licences in those management zones at the date of commencement of this Plan,(ss) to an access licence with an extraction component that specifies the Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source, unless the dealing involves an assignment of rights from an access licence with an extraction component that specifies one of the following management zones:(i) Upper Hawkesbury River (Grose River to South Creek) Management Zone,(ii) Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone,(iii) Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone, or(iv) Lower Nepean River Management Zone, provided that the dealing would not cause the sum of the share components of all access licences with extraction components that specify the Hawkesbury River (Grose River to South Creek) Management Zone, Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone and Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone to exceed the sum of the share components of all access licences in those management zones at the date of commencement of this Plan,(tt) to an access licence with an extraction component that specifies the Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source, unless the dealing involves an assignment of rights from an access licence with an extraction component that specifies one of the following management zones:(i) Upper Hawkesbury River (Grose River to South Creek) Management Zone,(ii) Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone(iii) Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone, or(iv) Lower Nepean River Management Zone, provided that the dealing would not cause the sum of the share components of all access licences with extraction components that specify the Hawkesbury River (Grose River to South Creek) Management Zone, Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone and Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone to exceed the sum of the share components of all access licences in those management zones at the date of commencement of this Plan,(uu) from an access licence that does not nominate a water supply work located within a lagoon in the Hawkesbury and Lower Nepean Rivers Water Source to an access licence that nominates a water supply work located within a lagoon in the Hawkesbury and Lower Nepean Rivers Water Source,(vv) from an access licence with an extraction component that specifies a management zone in the Southern Sydney Rivers Water Source to an access licence with an extraction component that specifies another management zone in the Southern Sydney Rivers Water Source that is one of the following:(i) Upper Woronora River Management Zone,(ii) Lower Woronora River Management Zone,(iii) Cabramatta Creek Management Zone,(iv) Cooks River and Botany Bay Management Zone, or(v) Southern Sydney Coastal Management Zone,(ww) from an access licence with an extraction component that specifies a management zone in the Southern Sydney Rivers Water Source to an access licence with an extraction component that specifies another management zone in the Southern Sydney Rivers Water Source that is one of the following management zones, if it would cause the sum of the share components of all access licences with extraction components that specify that management zone to exceed the sum of the share components of all access licences that existed in that management zone at the date of commencement of this Plan:(i) Hacking River Management Zone,(ii) Prospect Creek Management Zone, or(iii) Georges River Catchment Management Zone,(xx) from an access licence that does not nominate a water supply work located in the hydrological catchment of Harris Creek in the Lower Georges River and Bunbury Curran Creek Management Zone in the Southern Sydney Rivers Water Source to an access licence that nominates a water supply work located in the hydrological catchment of Harris Creek in the Lower Georges River and Bunbury Curran Creek Management Zone in the Southern Sydney Rivers Water Source,(yy) from an access licence that does not nominate a water supply work located in the hydrological catchment of Williams Creek in the Lower Georges River and Bunbury Curran Creek Management Zone in the Southern Sydney Rivers Water Source to an access licence that nominates a water supply work located in the hydrological catchment of Williams Creek in the Lower Georges River and Bunbury Curran Creek Management Zone in the Southern Sydney Rivers Water Source,(zz) from an access licence that does not nominate a water supply work located in the hydrological catchment of the Georges River above the Georges River at Liverpool Weir gauge (213400) in the Lower Georges River and Bunbury Curran Creek Management Zone in the Southern Sydney Rivers Water Source to an access licence that nominates a water supply work located in the hydrological catchment of Georges River above the Georges River at Liverpool Weir gauge (213400) in the Lower Georges River and Bunbury Curran Creek Management Zone in the Southern Sydney Rivers Water Source,(aaa) from an access licence with an extraction component that specifies a management zone in the Northern Sydney Rivers Water Source to an access licence with an extraction component that specifies another management zone in the Northern Sydney Rivers Water Source that is one of the following management zones, if it would cause the sum of the share components of all access licences with extraction components that specify that management zone to exceed the sum of the share components of all access licences that existed in that management zone at the date of commencement of this Plan:(i) Upper Parramatta River Management Zone,(ii) Lower Parramatta River Management Zone, or(iii) Northern Sydney Coastal Management Zone,(bbb) from an access licence with an extraction component that specifies a management zone in the Northern Sydney Rivers Water Source to an access licence with an extraction component that specifies another management zone in the Northern Sydney Rivers Water Source that is one of the following:(i) Lane Cove River Management Zone, or(ii) Middle Harbour Management Zone, or(ccc) from an access licence with an extraction component that does not specify the Kangaroo River Management Zone in the Shoalhaven River Water Source to an access licence with an extraction component that specifies the Kangaroo River Management Zone in the Shoalhaven River Water Source,(ddd) from an access licence that does not nominate a water supply work in the escarpment zone below the 500 metre contour on 1:25 000 topographic maps Kangaroo Valley 9028-4-S, Robertson 9028-4-N and Bundanoon 8928-1-S in the Kangaroo River Management Zone in the Shoalhaven River Water Source to an access licence that does nominate a water supply work located in the escarpment zone above the 500 metre contour on 1:25 000 topographic maps Kangaroo Valley 9028-4-S, Robertson 9028-4-N and Bundanoon 8928-1-S in the Kangaroo River Management Zone in the Shoalhaven River Water Source (Kangaroo River Upper Escarpment Zone), if it would cause the sum of the share components of all access licences nominating works in the escarpment zone above the 500 metre contour on 1:25 000 topographic maps Kangaroo Valley 9028-4-S, Robertson 9028-4-N and Bundanoon 8928-1-S in the Kangaroo River Management Zone in the Shoalhaven River Water Source to exceed 1,633,(eee) from an access licence that does not nominate a water supply work located on an off-river pool in the Kangaroo River Management Zone in the Shoalhaven River Water Source to an access licence that nominates a water supply work located on an off-river pool in the Kangaroo River Management Zone in the Shoalhaven River Water Source, or(fff) from an access licence that nominates a water supply work located on an off-river pool in the Kangaroo River Management Zone in the Shoalhaven River Water Source to an access licence that nominates a water supply work located on another off-river pool in the Kangaroo River Management Zone in the Shoalhaven River Water Source.(3) Dealings under section 71Q of the Act between water sources within the same water management area are prohibited in these water sources.cl 65: Am 2014 (205), Sch 1 [97]–[105]; 2016 (377), Sch 1 [44]–[48].
66 Amendment of share component dealings (change of water source)
(1) This clause relates to dealings under section 71R of the Act in these water sources.(2) Dealings under section 71R of the Act are prohibited in these water sources.
67 Amendment of extraction component dealings
(1) This clause relates to dealings under section 71S of the Act in these water sources.(2) Dealings under section 71S of the Act are prohibited if the dealing involves:(a) an unregulated river (high flow) access licence,(b) an access licence with an extraction component that specifies a management zone downstream of a major utility or local water utility water supply work (dam or weir), excluding Menangle Weir, Camden Weir, Sharpes Weir, Cobbity Weir, Mount Hunter Rivulet Weir, Brownlow Hill Weir, Theresa Park Weir, Wallacia Weir and Penrith Weir, being varied to specify a management zone that is located upstream of the major utility or local water utility water supply work, except as provided in paragraph (w),(c) an access licence with an extraction component that specifies a management zone upstream of a major utility or local water utility water supply work (dam or weir), excluding Menangle Weir, Camden Weir, Sharpes Weir, Cobbity Weir, Mount Hunter Rivulet Weir, Brownlow Hill Weir, Theresa Park Weir, Wallacia Weir and Penrith Weir, being varied to specify a management zone that is located downstream of the major utility or local water utility water supply work, except as provided in paragraphs (x), (y) and (z),(d) an access licence with an extraction component that specifies a management zone in the Shoalhaven River Water Source being varied to specify another management zone in the Shoalhaven River Water Source that is one of the following:(i) Mid Shoalhaven River Management Zone,(ii) Reedy Creek Management Zone,(iii) Mongarlowe River Management Zone,(iv) Corang and Endrick Rivers Management Zone,(v) Nerrimunga Creek Management Zone,(vi) Bungonia Creek Management Zone,(vii) Fitzroy Falls Management Zone,(viii) Yarrunga Creek Management Zone,(ix) Lower Kangaroo River Management Zone,(x) Bundanoon Creek Management Zone,(xi) Bomaderry Creek Management Zone,(xii) Broughton Creek Management Zone,(xiii) Broughton Mill Creek Management Zone, or(xiv) Jaspers Brush Creek and Tributaries Management Zone,(e) an access licence with an extraction component that specifies a management zone in the Shoalhaven River Water Source being varied to specify the Upper Shoalhaven River Management Zone in the Shoalhaven River Water Source, if the dealing would cause the sum of the share components of all access licences with an extraction component that specified the Upper Shoalhaven River Management Zone, other than unregulated river (high flow) access licences to exceed the sum of the share components of all access licences with extraction components that specified the Upper Shoalhaven River Management Zone at the date of commencement of this Plan, minus the share components of any unregulated river access licences that have been converted to unregulated river (high flow) access licences with extraction components specifying the Upper Shoalhaven River Management Zone since the commencement of this Plan,(f) an access licence with an extraction component that specifies a management zone in the Shoalhaven River Water Source being varied to specify the Boro Creek Management Zone in the Shoalhaven River Water Source, if it would cause the sum of the share components of all access licences with extraction components that specified the Boro Creek Management Zone to exceed the sum of the share components of all access licences with extraction components that specify the Boro Creek Management Zone at the date of commencement of this Plan, plus 73,(g) an access licence with an extraction component that specifies a management zone in the Shoalhaven River Water Source being varied to specify the Shoalhaven River Gorge Management Zone in the Shoalhaven River Water Source, if it would cause the sum of the share components of all access licences with extraction components that specify the Shoalhaven River Gorge Management Zone to exceed 2,198,(h) an access licence with an extraction component that specifies a management zone in the Shoalhaven River Water Source being varied to specify another management zone that is one of the following management zones in the Shoalhaven River Water Source, if it would cause the sum of the share components of all access licences with extraction components that specify that management zone to exceed the sum of the share components of all access licences with extraction components in that management zone at the date of commencement of this Plan:(i) Barbers Creek Management Zone,(ii) Lower Shoalhaven River Management Zone, or(iii) Lower Shoalhaven River Catchment Management Zone,(i) an access licence with an extraction component that specifies a management zone in the Illawarra Rivers Water Source being varied to specify another management zone in the Illawarra Rivers Water Source that is one of the following:(i) Minnamurra River Management Zone,(ii) Minnamurra Coastal Management Zone,(iii) Macquarie Rivulet Management Zone, or(iv) Wollongong Coastal Management Zone,(j) an access licence with an extraction component that specifies a management zone in the Illawarra Rivers Water Source being varied to specify the Lake Illawarra Management Zone in the Illawarra Rivers Water Source, if it would cause the sum of the share components of all access licences with extraction components that specify the Lake Illawarra Management Zone to exceed the sum of the share components of all access licences with extraction components that specified the Lake Illawarra Management Zone at the date of commencement of this Plan,(k) an access licence with an extraction component that specifies a management zone in the Upper Nepean and Upstream Warragamba Water Source being varied to specify another management zone in the Upper Nepean and Upstream Warragamba Water Source that is one of the following:(i) Mulwaree River Management Zone,(ii) Upper Wollondilly Management Zone,(iii) Lower Wollondilly Management Zone,(iv) Upper Wingecarribee River Management Zone,(v) Lower Wingecarribee River Management Zone,(vi) Medway Rivulet Management Zone,(vii) Maldon Weir Management Zone,(viii) Pheasants Nest Weir to Nepean Dam Management Zone,(ix) Maguires Crossing Management Zone,(x) Stonequarry Creek Management Zone,(xi) Lower Cataract River Management Zone,(xii) Mid Cataract River Management Zone,(xiii) Avon River Management Zone,(xiv) Cordeaux River Management Zone,(xv) Upper Nepean River Tributaries Headwaters Management Zone,(xvi) Wywandy Management Zone,(xvii) Dharabuladh Management Zone, or(xviii) Kowmung River Management Zone,(l) an access licence with an extraction component that specifies a management zone in the Upper Nepean and Upstream Warragamba Water Source being varied to specify another management zone that is one of the following in the Upper Nepean and Upstream Warragamba Water Source, if it would cause the sum of the share components of all access licences with extraction components that specify that management zone to exceed the sum of the share components of all access licences with extraction components that specified that management zone at the date of commencement of this Plan:(i) Nattai River Management Zone,(ii) Little River Management Zone,(iii) Lake Burragorang River Management Zone, except where the access licence for which the variation is proposed is held by the NSW Government or the Commonwealth for the purpose of providing water to the environment, and the variation is for an environmental purpose,(iv) Werriberri Creek Management Zone,(v) Jenolan River Management Zone, or(vi) Kedumba River Management Zone,(m) an access licence that specifies the Menangle Weir Management Zone, the Camden Weir Management Zone, the Sharpes Weir Management Zone, the Cobbity Weir Management Zone, the Mount Hunter Rivulet Management Zone, the Brownlow Hill Weir Management Zone, the Theresa Park Weir Management Zone or the Wallacia Weir Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source being varied to specify one of the following management zones in the Hawkesbury and Lower Nepean Rivers Water Source:(i) Mid Nepean River Catchment Management Zone,(ii) Lower Nepean River Management Zone,(iii) Erskine Creek and Glenbrook Creek Management Zone,(iv) Grose River Management Zone,(v) Capertee River Management Zone,(vi) Colo River Management Zone,(vii) Upper Hawkesbury River (Grose River to South Creek) Management Zone,(viii) Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone,(ix) Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone,(x) Lower Hawkesbury River Management Zone,(xi) Macdonald River Management Zone,(xii) Upper South Creek Management Zone,(xiii) Lower South Creek Management Zone,(xiv) Cattai Creek Management Zone,(xv) Berowra Creek and Cowan Creek Management Zone, or(xvi) Warragamba River Management Zone,(n) an access licence with an extraction component that specifies a management zone in the Hawkesbury and Lower Nepean Rivers Water Source being varied to specify the Menangle Weir Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source, if it would cause the sum of the share components of all access licences with extraction components that specify the Menangle Weir Management Zone to exceed the sum of the share components of all access licences with extraction components that specified the Menangle Weir Management Zone at the date of commencement of this Plan:(i) Camden Weir Management Zone,(ii) Sharpes Weir Management Zone,(iii) Cobbity Weir Management Zone,(iv) Mount Hunter Rivulet Weir Management Zone,(v) Brownlow Hill Weir Management Zone,(vi) Theresa Park Weir Management Zone, or(vii) Wallacia Weir Management Zone,(o) an access licence with an extraction component that specifies a management zone in the Hawkesbury and Lower Nepean Rivers Water Source being varied to specify the Camden Weir Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source, if it would cause the sum of the share components of all access licences with extraction components that specify the Camden Weir Management Zone to exceed the sum of the share components of all access licences with extraction components that specified the Camden Weir Management Zone at the date of commencement of this Plan:(i) Sharpes Weir Management Zone,(ii) Cobbity Weir Management Zone,(iii) Mount Hunter Rivulet Weir Management Zone,(iv) Brownlow Hill Weir Management Zone,(v) Theresa Park Weir Management Zone, or(vi) Wallacia Weir Management Zone,(p) an access licence with an extraction component that specifies a management zone in the Hawkesbury and Lower Nepean Rivers Water Source being varied to specify the Sharpes Weir Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source, if it would cause the sum of the share components of all access licences with extraction components that specify the Sharpes Weir Management Zone to exceed the sum of the share components of all access licences with extraction components that specified the Sharpes Weir Management Zone at the date of commencement of this Plan:(i) Cobbity Weir Management Zone,(ii) Mount Hunter Rivulet Weir Management Zone,(iii) Brownlow Hill Weir Management Zone,(iv) Theresa Park Weir Management Zone, or(v) Wallacia Weir Management Zone,(q) an access licence with an extraction component that specifies a management zone in the Hawkesbury and Lower Nepean Rivers Water Source being varied to specify the Cobbity Weir Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source, if it would cause the sum of the share components of all access licences with extraction components that specify the Cobbity Weir Management Zone to exceed the sum of the share components of all access licences with extraction components that specified the Cobbity Weir Management Zone at the date of commencement of this Plan:(i) Mount Hunter Rivulet Weir Management Zone,(ii) Brownlow Hill Weir Management Zone,(iii) Theresa Park Weir Management Zone, or(iv) Wallacia Weir Management Zone,(r) an access licence with an extraction component that specifies a management zone in the Hawkesbury and Lower Nepean Rivers Water Source being varied to specify the Mount Hunter Rivulet Weir Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source, if it would cause the sum of the share components of all access licences with extraction components that specify the Mount Hunter Rivulet Weir Management Zone to exceed the sum of the share components of all access licences with extraction components that specified the Mount Hunter Rivulet Weir Management Zone at the date of commencement of this Plan:(i) Brownlow Hill Weir Management Zone,(ii) Theresa Park Weir Management Zone, or(iii) Wallacia Weir Management Zone,(s) an access licence with an extraction component that specifies a management zone in the Hawkesbury and Lower Nepean Rivers Water Source being varied to specify the Brownlow Hill Weir Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source, if it would cause the sum of the share components of all access licences with extraction components that specify the Brownlow Hill Weir Management Zone to exceed the sum of the share components of all access licences with extraction components that specified the Mount Hunter Rivulet Weir Management Zone at the date of commencement of this Plan:(i) Theresa Park Weir Management Zone, or(ii) Wallacia Weir Management Zone,(t) an access licence with an extraction component that specifies the Wallacia Weir Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source being varied to specify the Theresa Park Weir Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source, if it would cause the sum of the share components of all access licences with extraction components that specify the Theresa Park Weir Management Zone to exceed the sum of the share components of all access licences with extraction components that specified the Theresa Park Weir Management Zone at the date of commencement of this Plan,(u) an access licence with an extraction component that specifies a management zone in the Hawkesbury and Lower Nepean River Water Source being varied to specify another management zone in the Hawkesbury and Lower Nepean Rivers Water Source that is one of the following:(i) Mid Nepean River Management Zone,(ii) Erskine Creek and Glenbrook Creek Management Zone,(iii) Grose River Management Zone,(iv) Lower Hawkesbury River Management Zone, except where the access licence for which the variation is proposed is held by the NSW Government or the Commonwealth for the purpose of providing water to the environment, and the variation is for an environmental purpose,(v) Upper South Creek Management Zone,(vi) Lower South Creek Management Zone, or(vii) Warragamba River Management Zone,(v) an access licence with an extraction component that specifies a management zone in the Hawkesbury and Lower Nepean Rivers Water Source being varied to specify another management zone in the Hawkesbury and Lower Nepean Rivers Water Source that is one of the following management zones, if it would cause the sum of the share components of all access licences with extraction components that specify that management zone to exceed the sum of the share components of all access licences with extraction components that specified that management zone at the date of commencement of this Plan:(i) Capertee River Management Zone,(ii) Colo River Management Zone,(iii) Macdonald River Management Zone,(iv) Cattai Creek Management Zone, or(v) Berowra Creek and Cowan Creek Management Zone,(w) access licence with an extraction component that specifies a management zone in the Hawkesbury and Lower Nepean Rivers Water Source being varied to specify the Lower Nepean River Management Zone, unless:(i) the extraction component of the access licence is being varied from one of the following management zones:(A) Upper Hawkesbury River (Grose River to South Creek) Management Zone,(B) Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone, or(C) Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone, and(ii) the dealing would not cause the sum of the share components of all access licences with extraction components that specify the Lower Nepean River Management Zone to exceed by more than 3.65 GL the sum of the share components of all access licences that existed in the Lower Nepean River Management Zone at the date of commencement of this Plan,(x) an access licence with an extraction component that specifies a management zone in the Hawkesbury and Lower Nepean Rivers Water Source being varied to specify the Upper Hawkesbury River (Grose River to South Creek) Management Zone, except where the extraction component of the access licence is being varied from one of the following management zones:(i) Upper Hawkesbury River (Grose River to South Creek) Management Zone,(ii) Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone,(iii) Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone, or(iv) Lower Nepean River Management Zone, provided that the dealing would not cause the sum of the share components of all access licences with extraction components that specify the Hawkesbury River (Grose River to South Creek) Management Zone, Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone and Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone to exceed the sum of the share components of all access licences in those management zones at the date of commencement of this Plan,(y) an access licence with an extraction component that specifies a management zone in the Hawkesbury and Lower Nepean Rivers Water Source being varied to specify the Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone, except where the extraction component of the access licence is being varied from one of the following management zones:(i) Upper Hawkesbury River (Grose River to South Creek) Management Zone,(ii) Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone,(iii) Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone, or(iv) Lower Nepean River Management Zone, provided that the dealing would not cause the sum of the share components of all access licences with extraction components that specify the Hawkesbury River (Grose River to South Creek) Management Zone, Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone and Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone to exceed the sum of the share components of all access licences in those management zones at the date of commencement of this Plan,(z) an access licence with an extraction component that specifies a management zone in the Hawkesbury and Lower Nepean Rivers Water Source being varied to specify the Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone, except where the extraction component of the access licence is being varied from one of the following management zones:(i) Upper Hawkesbury River (Grose River to South Creek) Management Zone,(ii) Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone,(iii) Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone, or(iv) Lower Nepean River Management Zone, provided that the dealing would not cause the sum of the share components of all access licences with extraction components that specify the Hawkesbury River (Grose River to South Creek) Management Zone, Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone and Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone to exceed the sum of the share components of all access licences in those management zones at the date of commencement of this Plan,(aa) an access licence with an extraction component that specifies a management zone in the Southern Sydney Rivers Water Source being varied to specify another management zone in the Southern Sydney Water Source that is one of the following:(i) Upper Woronora River Management Zone,(ii) Lower Woronora River Management Zone,(iii) Cabramatta Creek Management Zone,(iv) Cooks River and Botany Bay Management Zone, or(v) Southern Sydney Coastal Management Zone,(bb) an access licence with an extraction component that specifies a management zone in the Southern Sydney Rivers Water Source being varied to specify another management zone in the Southern Sydney Rivers Water Source that is one of the following management zones, if it would cause the sum of the share components of all access licences with extraction components that specify that management zone to exceed the sum of the share components of all access licences with an extraction component that specified that management zone at the date of commencement of this Plan:(i) Hacking River Management Zone,(ii) Prospect Creek Management Zone, or(iii) Georges River Catchment Management Zone,(cc) an access licence with an extraction component that specifies a management zone in the Northern Sydney Rivers Water Source being varied to specify another management zone in the Northern Sydney Rivers Water Source that is one of the following management zones, if it would cause the sum of the share components of all access licences with extraction components that specify that management zone to exceed the sum of the share components of all access licences with an extraction component that specified that management zone at the date of commencement of this Plan:(i) Upper Parramatta River Management Zone,(ii) Lower Parramatta River Management Zone, or(iii) Northern Sydney Coastal Management Zone,(dd) an access licence with an extraction component that specifies a management zone in the Northern Sydney Rivers Water Source being varied to specify another management zone in the Northern Sydney Rivers Water Source that is one of the following:(i) Lane Cove River Management Zone, or(ii) Middle Harbour Management Zone,(ee) an access licence with an extraction component that does not specify the Kangaroo River Management Zone in the Shoalhaven River Water Source being varied to specify an access licence with an extraction component that specifies the Kangaroo River Management Zone in the Shoalhaven River Water Source.cl 67: Am 2014 (205), Sch 1 [106]–[113]; 2016 (377), Sch 1 [49].
68 Assignment of water allocation dealings
(1) This clause relates to dealings under section 71T of the Act in these water sources.(2) Dealings within a water source under section 71T of the Act are prohibited if the dealing involves an assignment of water allocation:(a) from an unregulated river (high flow) access licence to an access licence of another category,(b) to an unregulated river (high flow) access licence from an access licence of another category,(c) from a major utility access licence to another category of access licence,(d) from an access licence with an extraction component that specifies a management zone downstream of a major utility or local water utility water supply work (dam or weir), excluding Menangle Weir, Camden Weir, Sharpes Weir, Cobbity Weir, Mount Hunter Rivulet Weir, Brownlow Hill Weir, Theresa Park Weir, Wallacia Weir and Penrith Weir, to a management zone that is located upstream of the major utility or local water utility water supply work, except as provided in paragraph (tt),(e) from an access licence with an extraction component that specifies a management zone downstream of a major utility or local water utility water supply work (dam or weir), excluding Menangle Weir, Camden Weir, Sharpes Weir, Cobbity Weir, Mount Hunter Rivulet Weir, Brownlow Hill Weir, Theresa Park Weir, Wallacia Weir and Penrith Weir, to a management zone that is located upstream of the major utility or local water utility water supply work, except as provided in paragraphs (uu), (vv) and (ww),(f) from an access licence that nominates a water supply work that is a runoff harvesting dam to an access licence that nominates a water supply work that is not a runoff harvesting dam,(g) from an access licence with an extraction component that specifies a management zone in the Shoalhaven River Water Source to an access licence with an extraction component that specifies another management zone in the Shoalhaven River Water Source that is one of the following:(i) Mid Shoalhaven River Management Zone,(ii) Reedy Creek Management Zone,(iii) Mongarlowe River Management Zone,(iv) Corang and Endrick Rivers Management Zone,(v) Nerrimunga Creek Management Zone,(vi) Bungonia Creek Management Zone,(vii) Fitzroy Falls Management Zone,(viii) Yarrunga Creek Management Zone,(ix) Lower Kangaroo River Management Zone,(x) Bundanoon Creek Management Zone,(xi) Bomaderry Creek Management Zone,(xii) Broughton Creek Management Zone,(xiii) Broughton Mill Creek Management Zone, or(xiv) Jaspers Brush Creek and Tributaries Management Zone,(h) from an access licence with an extraction component that specifies a management zone in the Shoalhaven River Water Source to an access licence with an extraction component that specifies the Upper Shoalhaven River Management Zone in the Shoalhaven River Water Source, if the dealing would cause total allocations in water allocation accounts of all access licences in the Upper Shoalhaven River Management Zone, other than unregulated river (high flow) access licences, to exceed the sum of the share components of all access licences that existed in the Upper Shoalhaven River Management Zone at the commencement of this Plan minus the share components of any unregulated river access licences that have been converted to unregulated river (high flow) access licences specifying the Upper Shoalhaven River Management Zone since the date of commencement of this Plan,(i) from an access licence that does not nominate a water supply work located in the hydrological catchment of Sandhills Creek at and above the confluence of Mulloon Creek in the Reedy Creek Management Zone in the Shoalhaven River Water Source to an access licence that nominates a water supply work located in the hydrological catchment of Sandhills Creek at and above the confluence of Mulloon Creek in the Reedy Creek Management Zone in the Shoalhaven River Water Source,(j) from an access licence that does not nominate a water supply work located in the hydrological catchment Mulloon Creek at and above the confluence of Sandhills Creek excluding Mulloon Creek in the Reedy Creek Management Zone in the Shoalhaven River Water Source to an access licence that nominates a water supply work located in the hydrological catchment of Mulloon Creek at and above the confluence of Sandhills Creek excluding Mulloon Creek in the Reedy Creek Management Zone in the Shoalhaven River Water Source,(k) from an access licence with an extraction component that specifies a management zone in the Shoalhaven River Water Source to an access licence with an extraction component that specifies the Boro Creek Management Zone in the Shoalhaven River Water Source, if it would cause total allocations in water allocation accounts of all access licences with extraction components that specify the Boro Creek Management Zone to exceed the sum of the share components of all access licences with extraction components that specified the Boro Creek Management Zone at the date of commencement of this Plan plus 73,(l) from an access licence with an extraction component that specifies a management zone in the Shoalhaven River Water Source to an access licence with an extraction component that specifies the Shoalhaven River Gorge Management Zone in the Shoalhaven River Water Source, if it would cause total allocations in water allocation accounts of all access licences with extraction components that specified the Shoalhaven River Gorge Management Zone to exceed 2,198,(m) from an access licence with an extraction component that specifies a management zone in the Shoalhaven River Water Source to an access licence with an extraction component that specifies another management zone in the Shoalhaven River Water Source that is one of the following, if it would cause total allocations in water allocation accounts of all access licences with extraction components that specify that management zone to exceed the sum of the share components of all access licences with extraction components that specified that management zone at the date of commencement of this Plan:(i) Barbers Creek Management Zone,(ii) Lower Shoalhaven River Management Zone, or(iii) Lower Shoalhaven River Catchment Management Zone,(n) from an access licence that does not nominate a water supply work located above the Burrier town water supply pumping station in the Lower Shoalhaven River Management Zone in the Shoalhaven River Water Source to an access licence that nominates a water supply work located above the Burrier town water supply pumping station in the Lower Shoalhaven River Management Zone in the Shoalhaven River Water Source,(o) from an access licence that does not nominate a water supply work located in the hydrological catchment of Flat Rock Creek in the Lower Shoalhaven River Catchment Management Zone in the Shoalhaven River Water Source to an access licence that nominates a water supply work located in the hydrological catchment of Flat Rock Creek in the Lower Shoalhaven River Catchment Management Zone in the Shoalhaven River Water Source,(p) from an access licence that does not nominate a water supply work located in the hydrological catchment of Yalwal Creek in the Lower Shoalhaven River Catchment Management Zone in the Shoalhaven River Water Source to an access licence that nominates a water supply work located in the hydrological catchment of Yalwal Creek in the Lower Shoalhaven River Catchment Management Zone in the Shoalhaven River Water Source,(q) from an access licence with an extraction component that specifies a management zone in the Illawarra Rivers Water Source to an access licence with an extraction component that specifies another management zone in the Illawarra Rivers Water Source that is one of the following:(i) Minnamurra River Management Zone,(ii) Minnamurra Coastal Management Zone,(iii) Macquarie Rivulet Management Zone, or(iv) Wollongong Coastal Management Zone,(r) from an access licence with an extraction component that specifies a management zone in the Illawarra Rivers Water Source to an access licence with an extraction component that specifies the Lake Illawarra Management Zone in the Illawarra Rivers Water Source, if it would cause total allocations in water allocation accounts of all access licences with extraction components that specify the Lake Illawarra Management Zone to exceed the sum of the share components of all access licences with extraction components that specified the Lake Illawarra Management Zone at the date of commencement of this Plan,(s) from an access licence that does not nominate a water supply work located in the hydrological catchment of Koona Bay East in the Lake Illawarra Management Zone in the Illawarra Rivers Water Source to an access licence that nominates a water supply work located in the hydrological catchment of Koona Bay East in the Lake Illawarra Management Zone in the Illawarra Rivers Water Source,(t) from an access licence that does not nominate a water supply work located in the hydrological catchment of Windang in the Lake Illawarra Management Zone in the Illawarra Rivers Water Source to an access licence that nominates a water supply work located in the hydrological catchment of Windang in the Lake Illawarra Management Zone in the Illawarra Rivers Water Source,(u) from an access licence with an extraction component that specifies a management zone in the Upper Nepean and Upstream Warragamba Water Source to an access licence with an extraction component that specifies another management zone in the Upper Nepean and Upstream Warragamba Water Source that is one of the following:(i) Mulwaree River Management Zone,(ii) Upper Wollondilly Management Zone,(iii) Lower Wollondilly Management Zone,(iv) Upper Wingecarribee River Management Zone,(v) Lower Wingecarribee River Management Zone,(vi) Medway Rivulet Management Zone,(vii) Maldon Weir Management Zone,(viii) Pheasants Nest Weir to Nepean Dam Management Zone,(ix) Maguires Crossing Management Zone,(x) Stonequarry Creek Management Zone,(xi) Lower Cataract River Management Zone,(xii) Mid Cataract River Management Zone,(xiii) Avon River Management Zone,(xiv) Cordeaux River Management Zone,(xv) Upper Nepean River Tributaries Headwaters Management Zone,(xvi) Wywandy Management Zone,(xvii) Dharabuladh Management Zone, or(xviii) Kowmung River Management Zone,(v) from an access licence that does not nominate a water supply work located in the hydrological catchment of the Mares Forest Creek at and above the confluence of Guineacor Creek in the Lower Wollondilly Management Zone in the Upper Nepean and Upstream Warragamba Water Source to an access licence that nominates a water supply work located in the hydrological catchments of Mares Forest Creek at and above the confluence of Gunieacor Creek in the Lower Wollondilly Management Zone in the Lower Wollondilly Management Zone in the Upper Nepean and Upstream Warragamba Water Source,(w) from an access licence that does not nominate a water supply work located in the hydrological catchment of the Wingecarribee River at and below 241565 Easting and 619498 Northing in the Lower Wingecarribee River Management Zone in the Upper Nepean and Upstream Warragamba Water Source to an access licence that nominates a water supply work located in the hydrological catchment of the Wingecarribee River at and below 241565 Easting and 619498 Northing in the Lower Wingecarribee River Management Zone in the Upper Nepean and Upstream Warragamba Water Source,(x) from an access licence with an extraction component that specifies a management zone in the Upper Nepean and Upstream Warragamba Water Source to an access licence with an extraction component that specifies another management zone in the Upper Nepean and Upstream Warragamba Water Source that is one of the following, if it would cause total allocations in water allocation accounts of all access licences with extraction components that specify that management zone to exceed the sum of the share components of all access licences with an extraction component that specified that management zone at the date of commencement of this Plan:(i) Nattai River Management Zone,(ii) Little River Management Zone,(iii) Lake Burragorang Management Zone, except where the access licence to which allocation proposed to be assigned is held by the NSW Government or the Commonwealth for the purpose of providing water to the environment, and the assignment is for an environmental purpose,(iv) Werriberri Creek Management Zone,(v) Jenolan River Management Zone, or(vi) Kedumba River Management Zone,(y) from an access licence that nominates a water supply work located above Nepean Dam in the Maguires Crossing Management Zone in the Upper Nepean and Upstream Warragamba Water Source to an access licence that nominates a water supply work located below Nepean Dam in the Maguires Crossing Management Zone in the Upper Nepean and Upstream Warragamba Water Source,(z) from an access licence that nominates a water supply work located below Nepean Dam in the Maguires Crossing Management Zone in the Upper Nepean and Upstream Warragamba Water Source to an access licence that nominates a water supply work located above Nepean Dam in the Maguires Crossing Management Zone in the Upper Nepean and Upstream Warragamba Water Source,(aa) from an access licence that nominates a water supply work located above Avon Dam, Cataract Dam, or Cordeaux Dam in the Upper Nepean River Tributaries Headwaters Management Zone in the Upper Nepean and Upstream Warragamba Water Source to an access licence that nominates a water supply work located below Avon Dam, Cataract Dam, or Cordeaux Dam in the Upper Nepean River Tributaries Headwaters Management Zone in the Upper Nepean and Upstream Warragamba Water Source,(bb) from an access licence that nominates a water supply work located below Avon Dam, Cataract Dam, or Cordeaux Dam in the Upper Nepean River Tributaries Headwaters Management Zone in the Upper Nepean and Upstream Warragamba Water Source to an access licence that nominates a water supply work located above Avon Dam, Cataract Dam, or Cordeaux Dam in the Upper Nepean River Tributaries Headwaters Management Zone in the Upper Nepean and Upstream Warragamba Water Source,(cc) from an access licence that does not nominate a water supply work located in the hydrological catchment of the Jenolan River at and above the confluence with Pheasants Nest Creek in the Jenolan River Management Zone in the Upper Nepean and Upstream Warragamba Water Source to an access licence that nominates a water supply work located in the hydrological catchment of the Jenolan River at and above the confluence with Pheasants Nest Creek in the Jenolan River Management Zone in the Upper Nepean and Upstream Warragamba Water Source,(dd) from an access licence that does not nominate a water supply work located in the hydrological catchment of the Kowmung River including Tuglow Hole Creek at and above the confluence with Tuglow Hole Creek in the Kowmung River Management Zone in the Upper Nepean and Upstream Warragamba Water Source to an access licence that nominates a water supply work located in the hydrological catchment of the Kowmung River including Tuglow Hole Creek at and above the confluence with Tuglow Hole Creek in the Kowmung River Management Zone in the Upper Nepean and Upstream Warragamba Water Source,(ee) from an access licence that does not nominate a water supply work located in or upstream of a wild river in the Kowmung River Management Zone in the Upper Nepean and Upstream Warragamba Water Source to an access licence that nominates a water supply work located in or upstream of a wild river in the Kowmung River Management Zone in the Upper Nepean and Upstream Warragamba Water Source,(ff) to an access licence with an extraction component that specifies the Menangle Weir Management Zone, the Camden Weir Management Zone, the Sharpes Weir Management Zone, the Cobbity Weir Management Zone, the Mount Hunter Rivulet Weir Management Zone, the Brownlow Hill Weir Management Zone, the Theresa Park Weir Management Zone or the Wallacia Weir Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source from an access licence with an extraction component that specifies one of the following management zones in the Hawkesbury and Lower Nepean Rivers Water Source:(i) Mid Nepean River Catchment Management Zone,(ii) Lower Nepean River Management Zone,(iii) Erskine Creek and Glenbrook Creek Management Zone,(iv) Grose River Management Zone,(v) Capertee River Management Zone,(vi) Colo River Management Zone,(vii) Upper Hawkesbury River (Grose River to South Creek) Management Zone,(viii) Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone,(ix) Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone,(x) Lower Hawkesbury River Management Zone,(xi) Macdonald River Management Zone,(xii) Upper South Creek Management Zone,(xiii) Lower South Creek Management Zone,(xiv) Cattai Creek Management Zone,(xv) Berowra Creek and Cowan Creek Management Zone, and(xvi) Warragamba River Management Zone,(gg) to an access licence with an extraction component that specifies the Menangle Weir Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source from an access licence with an extraction component that specifies one of the following management zones in the Hawkesbury and Lower Nepean Rivers Water Source, if it would cause total allocations in water allocation accounts of all access licences with extraction components that specify the Menangle Weir Management Zone to exceed the sum of the share components of all access licences with an extraction component that specified the Menangle Weir Management Zone at the date of commencement of this Plan:(i) Camden Weir Management Zone,(ii) Sharpes Weir Management Zone,(iii) Cobbity Weir Management Zone,(iv) Mount Hunter Rivulet Weir Management Zone,(v) Brownlow Hill Weir Management Zone,(vi) Theresa Park Weir Management Zone, or(vii) Wallacia Weir Management Zone,(hh) to an access licence with an extraction component that specifies the Camden Weir Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source from an access licence with an extraction component that specifies one of the following management zones, if it would cause total allocations in water allocation accounts of all access licences with extraction components that specify the Camden Weir Management Zone to exceed the sum of the share components of all access licences with an extraction component that specified the Camden Weir Management Zone at the date of commencement of this Plan:(i) Sharpes Weir Management Zone,(ii) Cobbity Weir Management Zone,(iii) Mount Hunter Rivulet Weir Management Zone,(iv) Brownlow Hill Weir Management Zone,(v) Theresa Park Weir Management Zone, or(vi) Wallacia Weir Management Zone,(ii) to an access licence with an extraction component that specifies the Sharpes Weir Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source from an access licence with an extraction component that specifies one of the following management zones, if it would cause total allocations in water allocation accounts of all access licences with extraction components that specify the Sharpes Weir Management Zone to exceed the sum of the share components of all access licences with an extraction component that specified the Sharpes Weir Management Zone at the date of commencement of this Plan:(i) Cobbity Weir Management Zone,(ii) Mount Hunter Rivulet Weir Management Zone,(iii) Brownlow Hill Weir Management Zone,(iv) Theresa Park Weir Management Zone, or(v) Wallacia Weir Management Zone,(jj) to an access licence with an extraction component that specifies the Cobbity Weir Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source from an access licence with an extraction component that specifies one of the following management zones, if it would cause total allocations in water allocation accounts of all access licences with extraction components that specify the Cobbity Weir Management Zone to exceed the sum of the share components of all access licences with an extraction component that specified the Cobbity Weir Management Zone at the date of commencement of this Plan:(i) Mount Hunter Rivulet Weir Management Zone,(ii) Brownlow Hill Weir Management Zone,(iii) Theresa Park Weir Management Zone, or(iv) Wallacia Weir Management Zone,(kk) to an access licence with an extraction component that specifies the Mount Hunter Rivulet Weir Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source from an access licence with an extraction component that specifies one of the following management zones, if it would cause total allocations in water allocation accounts of all access licences with extraction components that specify the Mount Hunter Rivulet Weir Management Zone to exceed the sum of the share components of all access licences with an extraction component that specified the Mount Hunter Rivulet Weir Management Zone at the date of commencement of this Plan:(i) Brownlow Hill Weir Management Zone,(ii) Theresa Park Weir Management Zone, or(iii) Wallacia Weir Management Zone,(ll) to an access licence with an extraction component that specifies the Brownlow Hill Weir Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source from an access licence with an extraction component that specifies one of the following management zones, if it would cause total allocations in water allocation accounts of all access licences with extraction components that specify the Brownlow Hill Weir Management Zone to exceed the sum of the share components of all access licences with an extraction component that specified the Brownlow Hill Weir Management Zone at the date of commencement of this Plan:(i) Theresa Park Weir Management Zone, or(ii) Wallacia Weir Management Zone,(mm) to an access licence with an extraction component that specifies the Theresa Park Weir Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source from an access licence with an extraction component that specifies the Wallacia Weir Management Zone, if it would cause total allocations in water allocation accounts of all access licences with extraction components that specify the Theresa Park Weir Management Zone to exceed the sum of the share components of all access licences with an extraction component that specified the Theresa Park Weir Management Zone at the date of commencement of this Plan,(nn) from an access licence with an extraction component that specifies a management zone in the Hawkesbury and Lower Nepean Rivers Water Source to an access licence with an extraction component that specifies another management zone in the Hawkesbury and Lower Nepean Rivers Water Source that is one of the following:(i) Mid Nepean River Catchment Management Zone,(ii) Lower Nepean River Management Zone,(iii) Erskine Creek and Glenbrook Creek Management Zone,(iv) Grose River Management Zone,(v) Lower Hawkesbury River Management Zone, except where the access licence to which allocation proposed to be assigned is held by the NSW Government or the Commonwealth for the purpose of providing water to the environment, and the assignment is for an environmental purpose,(vi) Upper South Creek Management Zone,(vii) Lower South Creek Management Zone,(viii) Warragamba River Management Zone, or(oo) from an access licence that does not nominate a water supply work located in or upstream of a wild river in the Grose River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source to an access licence that nominates a water supply work located in or upstream of a wild river in the Grose River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source,(pp) from an access licence with an extraction component that specifies a management zone in the Hawkesbury and Lower Nepean Rivers Water Source to an access licence with an extraction component that specifies another management zone in the Hawkesbury and Lower Nepean Rivers Water Source that is one of the following management zones, if it would cause total allocations in water allocation accounts of all access licences with extraction components that specify that management zone to exceed the sum of the share components of all access licences with an extraction component that specified that management zone at the date of commencement of this Plan:(i) Capertee River Management Zone,(ii) Colo River Management Zone,(iii) Macdonald River Management Zone,(iv) Cattai Creek Management Zone, or(v) Berowra Creek and Cowan Creek Management Zone,(qq) from an access licence that does not nominate a water supply work located in or upstream of a wild river in the Capertee River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source to an access licence that nominates a water supply work located in or upstream of a wild river in the Capertee River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source,(rr) from an access licence that does not nominate a water supply work located in the hydrological catchment of Crown Creek to an access licence that nominates a water supply work located in the hydrological catchment of Crown Creek in the Capertee River Management Zone,(ss) from an access licence that does not nominate a water supply work located in or upstream of a wild river in the Colo River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source to an access licence that nominates a water supply work located in or upstream of a wild river in the Colo River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source,(tt) to an access licence with an extraction component that specifies the Lower Nepean River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source, unless:(i) the dealing involves an assignment of water allocation from an access licence with an extraction component that specifies one of the following management zones:(A) Upper Hawkesbury River (Grose River to South Creek) Management Zone,(B) Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone: or(C) Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone, and(ii) the dealing would not cause total allocations in water allocation accounts of all access licences with extraction components that specify the Lower Nepean River Management Zone to exceed by more than 3.65 GL the sum of the share components of all access licences that existed in the Lower Nepean River Management Zone at the date of commencement of this Plan,(uu) to an access licence with an extraction component that specifies the Upper Hawkesbury River (Grose River to South Creek) Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source, unless the dealing involves an assignment of water allocation from an access licence with an extraction component that specifies one of the following management zones:(i) Upper Hawkesbury River (Grose River to South Creek) Management Zone,(ii) Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone,(iii) Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone, or(iv) Lower Nepean River Management Zone, provided that the dealing would not cause total allocations in water allocation accounts of all access licences with extraction components that specify the Hawkesbury River (Grose River to South Creek) Management Zone, Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone and Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone to exceed the sum of the share components of all access licences in those management zones at the date of commencement of this Plan,(vv) to an access licence with an extraction component that specifies the Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source, unless the dealing involves an assignment of water allocation from an access licence with an extraction component that specifies one of the following management zones:(i) Upper Hawkesbury River (Grose River to South Creek) Management Zone,(ii) Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone,(iii) Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone, or(iv) Lower Nepean River Management Zone, provided that the dealing would not cause total allocations in water allocation accounts of all access licences with extraction components that specify the Hawkesbury River (Grose River to South Creek) Management Zone, Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone and Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone to exceed the sum of the share components of all access licences in those management zones at the date of commencement of this Plan,(ww) to an access licence with an extraction component that specifies the Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source, unless the dealing involves an assignment of water allocation from an access licence with an extraction component that specifies one of the following management zones,(i) Upper Hawkesbury River (Grose River to South Creek) Management Zone,(ii) Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone,(iii) Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone, or(iv) Lower Nepean River Management Zone, provided that the dealing would not cause total allocations in water allocation accounts of all access licences with extraction components that specify the Hawkesbury River (Grose River to South Creek) Management Zone, Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone and Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone to exceed the sum of the share components of all access licences in those management zones at the date of commencement of this Plan,(xx) from an access licence that does not nominate a water supply work located within a lagoon in the Hawkesbury and Lower Nepean Rivers Water Source to an access licence that nominates a water supply work located within a lagoon in the Hawkesbury and Lower Nepean Rivers Water Source,(yy) from an access licence with an extraction component that specifies a management zone in the Southern Sydney Rivers Water Source to an access licence with an extraction component that specifies another management zone in the Southern Sydney Rivers Water Source that is one of the following:(i) Upper Woronora River Management Zone(ii) Lower Woronora River Management Zone,(iii) Cabramatta Creek Management Zone,(iv) Cooks River and Botany Bay Management Zone, or(v) Southern Sydney Coastal Management Zone,(zz) from an access licence with an extraction component that specifies a management zone in the Southern Sydney Rivers Water Source to an access licence with an extraction component that specifies another management zone in the Southern Sydney Rivers Water Source that is one of the following management zones, if it would cause total allocations in water allocation accounts of all access licences with extraction components that specify that management zone to exceed the sum of the share components of all access licences with an extraction component that specified that management zone at the date of commencement of this Plan:(i) Hacking River Management Zone,(ii) Prospect Creek Management Zone, or(iii) Georges River Catchment Management Zone,(aaa) from an access licence that does not nominate a water supply work located in the hydrological catchment of Harris Creek in the Lower Georges River and Bunbury Curran Creek Management Zone in the Southern Sydney Rivers Water Source to an access licence that nominates a water supply work located in the hydrological catchment of Harris Creek in the Lower Georges River and Bunbury Curran Creek Management Zone in the Southern Sydney Rivers Water Source,(bbb) from an access licence that does not nominate a water supply work located in the hydrological catchment of Williams Creek in the Lower Georges River and Bunbury Curran Creek Management Zone in the Southern Sydney Rivers Water Source to an access licence that nominates a water supply work located in the hydrological catchment of Williams Creek in the Lower Georges River and Bunbury Curran Creek Management Zone in the Southern Sydney Rivers Water Source,(ccc) from an access licence that does not nominate a water supply work located in the hydrological catchment of the Georges River above Georges River at Liverpool Weir gauge (213400) in the Lower Georges River and Bunbury Curran Creek Management Zone in the Southern Sydney Rivers Water Source to an access licence that nominates a water supply work located in the hydrological catchment of Georges River above Georges River at Liverpool Weir gauge (213400) in the Lower Georges River and Bunbury Curran Creek Management Zone in the Southern Sydney Rivers Water Source,(ddd) from an access licence with an extraction component that specifies a management zone in the Northern Sydney Rivers Water Source to an access licence with an extraction component that specifies another management zone in the Northern Sydney Rivers Water Source that is one of the following management zones, if it would cause total allocations in water allocation accounts of all access licences with extraction components that specify that management zone to exceed the sum of the share components of all access licences with an extraction component that specified that management zone at the date of commencement of this Plan:(i) Upper Parramatta River Management Zone,(ii) Lower Parramatta River Management Zone, or(iii) Northern Sydney Coastal Management Zone.(eee) from an access licence with an extraction component that specifies a management zone in the Northern Sydney Rivers Water Source to an access licence with an extraction component that specifies another management zone in the Northern Sydney Rivers Water Source that is one of the following:(i) Lane Cove River Management Zone, or(ii) Middle Harbour Management Zone,(fff) from an access licence with an extraction component that does not specify the Kangaroo River Management Zone in the Shoalhaven River Water Source to an access licence with an extraction component that specifies the Kangaroo River Management Zone in the Shoalhaven River Water Source,(ggg) from an access licence that does not nominate a water supply work located in the escarpment zone below the 500 metre contour on 1:25 000 topographic maps Kangaroo Valley 9028-4-S, Robertson 9028-4-N and Bundanoon 8928-1-S in the Kangaroo River Management Zone in the Shoalhaven River Water Source to an access licence that nominates a water supply work located in the escarpment zone above the 500 metre contour on 1:25 000 topographic maps Kangaroo Valley 9028-4-S, Robertson 9028-4-N and Bundanoon 8928-1-S in the Kangaroo River Management Zone in the Shoalhaven River Water Source, if it would cause the sum of water allocations credited to the water allocation accounts of all access licences nominating works in the escarpment zone above the 500 metre contour on 1:25 000 topographic maps Kangaroo Valley 9028-4-S, Robertson 9028-4-N and Bundanoon 8928-1-S in the Kangaroo River Management Zone in the Shoalhaven River Water Source to exceed 1,633,(hhh) from an access licence that does not nominate a water supply work located on an off-river pool in the Kangaroo River Management Zone in the Shoalhaven River Water Source to an access licence that nominates a water supply work located on an off-river pool in the Kangaroo River Management Zone in the Shoalhaven River Water Source, or(iii) from an access licence that nominates a water supply work located on an off-river pool in the Kangaroo River Management Zone in the Shoalhaven River Water Source to an access licence that nominates a water supply work located on another off-river pool in the Kangaroo River Management Zone in the Shoalhaven River Water Source.(3) Dealings between water sources under section 71T of the Act are prohibited.cl 68: Am 2014 (205), Sch 1 [114]–[120]; 2016 (377), Sch 1 [50].
69 Interstate access licence transfer and assignment of water allocation
(1) This clause relates to dealings under section 71U or 71V of the Act in these water sources.(2) Dealings involving the interstate transfer of an access licence to or from these water sources are prohibited.(3) Dealings involving the interstate assignment of water allocations to or from access licences in these water sources are prohibited.
70 Nomination of water supply works dealings
(1) This clause relates to dealings under section 71W of the Act in these water sources.(1A) Dealings under section 71W of the Act are prohibited if the dealing involves:(a) an access licence being amended to nominate a water supply work located in a different management zone to that specified in the extraction component of the access licence, or(b) an access licence being amended to nominate a water supply work located in a different water source to that specified in the share component of the access licence.(2) Dealings under section 71W of the Act are prohibited if the dealing involves:(a) an access licence which nominates a water supply work located in a management zone downstream of a major utility or local water utility water supply work (dam or weir), excluding Menangle Weir, Camden Weir, Sharpes Weir, Cobbity Weir, Mount Hunter Rivulet Weir, Brownlow Hill Weir, Theresa Park Weir, Wallacia Weir and Penrith Weir, being amended to nominate a water supply work located in a management zone located upstream of the major utility or local water utility water supply work, except as provided in paragraph (qq),(b) an access licence which nominates a water supply work located in a management zone upstream of a major utility or local water utility water supply work (dam or weir), excluding Menangle Weir, Camden Weir, Sharpes Weir, Cobbity Weir, Mount Hunter Rivulet Weir, Brownlow Hill Weir, Theresa Park Weir, Wallacia Weir and Penrith Weir, being amended to nominate a water supply work located in a management zone downstream of the major utility or local water utility water supply work, except as provided in paragraphs (rr), (ss) and (tt),(c) an access licence which nominates a water supply work that is a runoff harvesting dam being amended to nominate a water supply work that is not a runoff harvesting dam,(d) an access licence which nominates a water supply work located in a management zone in the Shoalhaven River Water Source being amended to nominate a water supply work located in another management zone in the Shoalhaven River Water Source that is one of the following:(i) Mid Shoalhaven River Management Zone,(ii) Reedy Creek Management Zone,(iii) Mongarlowe River Management Zone,(iv) Corang and Endrick Rivers Management Zone,(v) Nerrimunga Creek Management Zone,(vi) Bungonia Creek Management Zone,(vii) Fitzroy Falls Management Zone,(viii) Yarrunga Creek Management Zone,(ix) Lower Kangaroo River Management Zone,(x) Bundanoon Creek Management Zone,(xi) Bomaderry Creek Management Zone,(xii) Broughton Creek Management Zone,(xiii) Broughton Mill Creek Management Zone, or(xiv) Jaspers Brush Creek and Tributaries Management Zone,(e) an access licence which nominates a water supply work located in a management zone in the Shoalhaven River Water Source being amended to nominate a water supply work located in the Upper Shoalhaven River Management Zone in the Shoalhaven River Water Source, if it would cause the sum of the share components in the Upper Shoalhaven River Management Zone to exceed the sum of the share components of all access licences at the commencement of this Plan, minus the share components of any unregulated river access licences that have been converted to unregulated river (high flow) access licences with extraction components specifying the Upper Shoalhaven River Management Zone since the date of commencement of this Plan,(f) an access licence that does not nominate a water supply work located in the hydrological catchment of Sandhills Creek at and above the confluence of Mulloon Creek in the Reedy Creek Management Zone in the Shoalhaven River Water Source being amended to nominate a water supply work located in the hydrological catchment of Sandhills Creek at and above the confluence of Mulloon Creek in the Reedy Creek Management Zone in the Shoalhaven River Water Source,(g) an access licence that does not nominate a water supply work located in the hydrological catchment of Mulloon Creek at and above the confluence of Sandhills Creek excluding Mulloon Creek in the Reedy Creek Management Zone in the Shoalhaven River Water Source being amended to nominate a water supply work located in the hydrological catchment of Mulloon Creek at and above the confluence of Sandhills Creek excluding Mulloon Creek in the Reedy Creek Management Zone in the Shoalhaven River Water Source,(h) an access licence which nominates a water supply work located in a management zone in the Shoalhaven River Water Source being amended to nominate a water supply work located in the Boro Creek Management Zone in the Shoalhaven River Water Source, if it would cause the sum of the share components of all access licences in the Boro Creek Management Zone to exceed the sum of the share components of all access licences in the Boro Creek Management Zone at the date of commencement of this Plan, plus 73,(i) an access licence which nominates a water supply work located in a management zone in the Shoalhaven River Water Source being amended to nominate a water supply work located in the Shoalhaven River Gorge Management Zone in the Shoalhaven River Water Source, if it would cause the sum of the share components of all access licences in the Shoalhaven River Gorge Management Zone to exceed 2,198,(j) an access licence which nominates a water supply work located in a management zone in the Shoalhaven River Water Source being amended to nominate a water supply work located in another management zone in the Shoalhaven River Water Source that is one of the following, if it would cause the sum of the share components of all access licences in that management zone to exceed the sum of the share components of all access licences in that management zone at the date of commencement of this Plan:(i) Barbers Creek Management Zone,(ii) Lower Shoalhaven River Management Zone, or(iii) Lower Shoalhaven River Catchment Management Zone,(k) an access licence that does not nominate a water supply work located above the Burrier town water supply pumping station in the Lower Shoalhaven River Management Zone in the Shoalhaven River Water Source being amended to nominate a water supply work located above the Burrier town water supply pumping station in the Lower Shoalhaven River Management Zone in the Shoalhaven River Water Source,(l) an access licence that does not nominate a water supply work located in the hydrological catchment of Flat Rock Creek in the Lower Shoalhaven River Catchment Management Zone in the Shoalhaven River Water Source being amended to nominate a water supply work located in the hydrological catchment of Flat Rock Creek in the Lower Shoalhaven River Catchment Management Zone in the Shoalhaven River Water Source,(m) an access licence that does not nominate a water supply work located in the hydrological catchment of Yalwal Creek in the Lower Shoalhaven River Catchment Management Zone being amended to nominate a water supply work located in the hydrological catchment of Yalwal Creek in the Lower Shoalhaven River Catchment Management Zone in the Shoalhaven River Water Source,(n) an access licence which nominates a water supply work located in a management zone in the Illawarra Rivers Water Source being amended to nominate a water supply work located in another management zone in the Illawarra Rivers Water Source that is one of the following:(i) Minnamurra River Management Zone,(ii) Minnamurra Coastal Management Zone,(iii) Macquarie Rivulet Management Zone, or(iv) Wollongong Coastal Management Zone,(o) an access licence which nominates a water supply work located in a management zone in the Illawarra Rivers Water Source being amended to nominate a water supply work located in the Lake Illawarra Management Zone in the Illawarra Rivers Water Source, if it would cause the sum of the share components of all access licences in the Lake Illawarra Management Zone to exceed the sum of the share components of all access licences in the Lake Illawarra Management Zone at the date of commencement of this Plan,(p) an access licence that does not nominate a water supply work located in the hydrological catchment of Koona Bay East in the Lake Illawarra Management Zone in the Illawarra Rivers Water Source being amended to nominate a water supply work located in the hydrological catchment of Koona Bay East in the Lake Illawarra Management Zone in the Illawarra Rivers Water Source,(q) an access licence that does not nominate a water supply work located in the hydrological catchment of Windang in the Lake Illawarra Management Zone in the Illawarra Rivers Water Source being amended to nominate a water supply work located in the hydrological catchment of Windang in the Lake Illawarra Management Zone in the Illawarra Rivers Water Source,(r) an access licence which nominates a water supply work located in a management zone in the Upper Nepean and Upstream Warragamba Water Source being amended to nominate a water supply work located in another management zone in the Upper Nepean and Upstream Warragamba Water Source that is one of the following:(i) Mulwaree River Management Zone,(ii) Upper Wollondilly Management Zone,(iii) Lower Wollondilly Management Zone,(iv) Upper Wingecarribee River Management Zone,(v) Lower Wingecarribee River Management Zone,(vi) Medway Rivulet Management Zone,(vii) Maldon Weir Management Zone,(viii) Pheasants Nest Weir to Nepean Dam Management Zone,(ix) Maguires Crossing Management Zone,(x) Stonequarry Creek Management Zone,(xi) Lower Cataract River Management Zone,(xii) Mid Cataract River Management Zone,(xiii) Avon River Management Zone,(xiv) Cordeaux River Management Zone,(xv) Upper Nepean River Tributaries Headwaters Management Zone,(xvi) Wywandy Management Zone,(xvii) Dharabuladh Management Zone, or(xviii) Kowmung River Management Zone,(s) an access licence that does not nominate a water supply work located in the hydrological catchment of the Mares Forest Creek at and above the confluence of Guineacor Creek in the Lower Wollondilly Management Zone in the Upper Nepean and Upstream Warragamba Water Source being amended to nominate a water supply work located in the hydrological catchments of Mares Forest Creek at and above the confluence of Guineacor Creek in the Lower Wollondilly Management Zone in the Upper Nepean and Upstream Warragamba Water Source,(t) an access licence that does not nominate a water supply work located in the hydrological catchment of the Wingecarribee River at and below 241565 Easting and 619498 Northing in the Lower Wingecarribee River Management Zone in the Upper Nepean and Upstream Warragamba Water Source being amended to nominate a water supply work located in the hydrological catchment of the Wingecarribee River at and below 241565 Easting and 619498 Northing in the Lower Wingecarribee River Management Zone in the Upper Nepean and Upstream Warragamba Water Source,(u) an access licence which nominates a water supply work located in a management zone in the Upper Nepean and Upstream Warragamba Water Source being amended to nominate a water supply work located in another management zones in the Upper Nepean and Upstream Warragamba Water Source that is one of the following, if it would cause the sum of the share components of all access licences with extraction components that specify that management zone to exceed the sum of the share components of all access licences in that management zone at the date of commencement of this Plan:(i) Nattai River Management Zone,(ii) Little River Management Zone,(iii) Lake Burragorang Management Zone, except where the access licence for which the amendment is proposed is held by the NSW Government or the Commonwealth for the purpose of providing water to the environment, and the amendment is for an environmental purpose,(iv) Werriberri Creek Management Zone,(v) Jenolan River Management Zone, or(vi) Kedumba River Management Zone,(v) an access licence that nominates a water supply work located above Nepean Dam in the Maguires Crossing Management Zone in the Upper Nepean and Upstream Warragamba Water Source being amended to nominate a water supply work located below Nepean Dam in the Maguires Crossing Management Zone in the Upper Nepean and Upstream Warragamba Water Source,(w) an access licence that nominates a water supply work located below Nepean Dam in the Maguires Crossing Management Zone in the Upper Nepean and Upstream Warragamba Water Source being amended to nominate a water supply work located above Nepean Dam in the Maguires Crossing Management Zone in the Upper Nepean and Upstream Warragamba Water Source,(x) an access licence that nominates a water supply work located above Avon Dam, Cataract Dam or Cordeaux Dam in the Upper Nepean River Tributaries Headwaters Management Zone in the Upper Nepean and Upstream Warragamba Water Source being amended to nominate a water supply work located below Avon Dam, Cataract Dam or Cordeaux Dam in the Upper Nepean River Tributaries Headwaters Management Zone in the Upper Nepean and Upstream Warragamba Water Source,(y) an access licence that nominates a water supply work located below Avon Dam, Cataract Dam or Cordeaux Dam in the Upper Nepean River Tributaries Headwaters Management Zone in the Upper Nepean and Upstream Warragamba Water Source being amended to nominate a water supply work located above Avon Dam, Cataract Dam or Cordeaux Dam in the Upper Nepean River Tributaries Headwaters Management Zone in the Upper Nepean and Upstream Warragamba Water Source,(z) an access licence that does not nominate a water supply work located in the hydrological catchment of the Jenolan River at and above the confluence with Pheasants Nest Creek in the Jenolan River Management Zone in the Upper Nepean and Upstream Warragamba Water Source being amended to nominate a water supply work located in the hydrological catchment of the Jenolan River at and above the confluence with Pheasants Nest Creek in the Jenolan River Management Zone in the Upper Nepean and Upstream Warragamba Water Source,(aa) an access licence that does not nominate a water supply work located in the hydrological catchment of the Kowmung River including Tuglow Hole Creek at and above the confluence with Tuglow Hole Creek in the Kowmung River Management Zone in the Upper Nepean and Upstream Warragamba Water Source being amended to nominate a water supply work located in the hydrological catchment of the Kowmung River including Tuglow Hole Creek at and above the confluence with Tuglow Hole Creek in the Kowmung River Management Zone in the Upper Nepean and Upstream Warragamba Water Source,(bb) an access licence that does not nominate a water supply work located in or upstream of a wild river in the Kowmung River Management Zone in the Upper Nepean and Upstream Warragamba Water Source being amended to nominate a water supply work located in or upstream of a wild river in the Kowmung River Management Zone in the Upper Nepean and Upstream Warragamba Water Source,(cc) an access licence which nominates a water supply work located in the Menangle Weir Management Zone, the Camden Weir Management Zone, the Sharpes Weir Management Zone, the Cobbity Weir Management Zone, the Mount Hunter Rivulet Weir Management Zone, the Brownlow Hill Weir Management Zone, the Theresa Park Weir Management Zone or the Wallacia Weir Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source being amended to nominate a water supply work located in one of the following management zones in the Hawkesbury and Lower Nepean Rivers Water Source:(i) Mid Nepean River Catchment Management Zone,(ii) Lower Nepean River Management Zone,(iii) Erskine Creek and Glenbrook Creek Management Zone,(iv) Grose River Management Zone,(v) Capertee River Management Zone,(vi) Colo River Management Zone,(vii) Upper Hawkesbury River (Grose River to South Creek) Management Zone,(viii) Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone,(ix) Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone,(x) Lower Hawkesbury River Management Zone,(xi) Macdonald River Management Zone,(xii) Upper South Creek Management Zone,(xiii) Lower South Creek Management Zone,(xiv) Cattai Creek Management Zone,(xv) Berowra Creek and Cowan Creek Management Zone, or(xvi) Warragamba River Management Zone,(dd) an access licence which nominates a water supply work located in one of the following management zones in the Hawkesbury and Lower Nepean Rivers Water Source being amended to nominate a water supply work located in the Menangle Weir Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source, if it would cause the sum of the share components of all access licences in the Menangle Weir Management Zone to exceed the sum of the share components of all access licences in the Menangle Weir Management Zone at the date of commencement of this Plan:(i) Camden Weir Management Zone,(ii) Sharpes Weir Management Zone,(iii) Cobbity Weir Management Zone,(iv) Mount Hunter Rivulet Weir Management Zone,(v) Brownlow Hill Weir Management Zone,(vi) Theresa Park Weir Management Zone, or(vii) Wallacia Weir Management Zone,(ee) an access licence which nominates a water supply work located in one of the following management zones in the Hawkesbury and Lower Nepean Rivers Water Source being amended to nominate a water supply work located in the Camden Weir Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source, if it would cause the sum of the share components of all access licences in the Camden Weir Management Zone to exceed the sum of the share components of all access licences in the Camden Weir Management Zone at the date of commencement of this Plan:(i) Sharpes Weir Management Zone,(ii) Cobbity Weir Management Zone,(iii) Mount Hunter Rivulet Weir Management Zone,(iv) Brownlow Hill Weir Management Zone,(v) Theresa Park Weir Management Zone, or(vi) Wallacia Weir Management Zone,(ff) an access licence which nominates a water supply work located in one of the following management zones in the Hawkesbury and Lower Nepean Rivers Water Source being amended to nominate a water supply work located in the Sharpes Weir Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source, if it would cause the sum of the share components of all access licences in the Sharpes Weir Management Zone to exceed the sum of the share components of all access licences in the Sharpes Weir Management Zone at the date of commencement of this Plan:(i) Cobbity Weir Management Zone,(ii) Mount Hunter Rivulet Weir Management Zone,(iii) Brownlow Hill Weir Management Zone,(iv) Theresa Park Weir Management Zone, or(v) Wallacia Weir Management Zone,(gg) an access licence which nominates a water supply work located in one of the following management zones in the Hawkesbury and Lower Nepean Rivers Water Source being amended to nominate a water supply work located in the Cobbity Weir Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source, if it would cause the sum of the share components of all access licences in the Cobbity Weir Management Zone to exceed the sum of the share components of all access licences in the Cobbity Weir Management Zone at the date of commencement of this Plan:(i) Mount Hunter Rivulet Weir Management Zone,(ii) Brownlow Hill Weir Management Zone,(iii) Theresa Park Weir Management Zone, or(iv) Wallacia Weir Management Zone,(hh) an access licence which nominates a water supply work located in one of the following management zones in the Hawkesbury and Lower Nepean Rivers Water Source being amended to nominate a water supply work located in the Mount Hunter Rivulet Weir Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source, if it would cause the sum of the share components of all access licences in the Mount Hunter Rivulet Weir Management Zone to exceed the sum of the share components of all access licences in the Mount Hunter Rivulet Weir Management Zone at the date of commencement of this Plan:(i) Brownlow Hill Weir Management Zone,(ii) Theresa Park Weir Management Zone, or(iii) Wallacia Weir Management Zone,(ii) an access licence which nominates a water supply work located in one of the following management zones in the Hawkesbury and Lower Nepean Rivers Water Source being amended to nominate a water supply work located in the Brownlow Hill Weir Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source, if it would cause the sum of the share components of all access licences in the Brownlow Hill Weir Management Zone to exceed the sum of the share components of all access licences in the Brownlow Hill Weir Management Zone at the date of commencement of this Plan:(i) Theresa Park Weir Management Zone, or(ii) Wallacia Weir Management Zone,(jj) an access licence which nominates a water supply work located in the Wallacia Weir Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source being amended to nominate a water supply work located in the Theresa Park Weir Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source, if it would cause the sum of the share components of all access licences in the Theresa Park Weir Management Zone to exceed the sum of the share components of all access licences in the Theresa Park Weir Management Zone at the date of commencement of this Plan,(kk) an access licence which nominates a water supply work located in a management zone in the Hawkesbury and Lower Nepean Rivers Water Source being amended to nominate a water supply work located in another management zone in the Hawkesbury and Lower Nepean Rivers Water Source that is one of the following:(i) Mid Nepean River Catchment Management Zone,(ii) Lower Nepean River Management Zone,(iii) Erskine Creek and Glenbrook Creek Management Zone,(iv) Grose River Management Zone,(v) Lower Hawkesbury River Management Zone, except where the access licence for which the amendment is proposed is held by the NSW Government or the Commonwealth for the purpose of providing water to the environment, and the amendment is for an environmental purpose,(vi) Upper South Creek Management Zone,(vii) Lower South Creek Management Zone, or(viii) Warragamba River Management Zone,(ll) an access licence that does not nominate a water supply work located in or upstream of a wild river in the Grose River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source being amended to nominate a water supply work located in or upstream of a wild river in the Grose River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source,(mm) an access licence which nominates a water supply work located in a management zone in the Hawkesbury and Lower Nepean Rivers Water Source being amended to nominate a water supply work located in another management zone in the Hawkesbury and Lower Nepean Rivers Water Source that is one of the following management zones, if it would cause the sum of the share components of all access licences in that management zone to exceed the sum of the share components of all access licences in that management zone at the date of commencement of this Plan:(i) Capertee River Management Zone,(ii) Colo River Management Zone,(iii) Macdonald River Management Zone,(iv) Cattai Creek Management Zone, or(v) Berowra Creek and Cowan Creek Management Zone,(nn) an access licence that does not nominate a water supply work located in or upstream of a wild river in the Capertee River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source being amended to nominate a water supply work located in or upstream of a wild river in the Capertee River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source,(oo) an access licence that does not nominate a water supply work located in the hydrological catchment of Crown Creek being amended to nominate a water supply work located in the hydrological catchment of Crown Creek in the Capertee River Management Zone,(pp) an access licence that does not nominate a water supply work located in or upstream of a wild river in the Colo River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source being amended to nominate a water supply work located in or upstream of a wild river in the Colo River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source,(qq) an access licence which nominates a water supply work located in a management zone in the Hawkesbury and Lower Nepean Rivers Water Source being amended to nominate a water supply work located in the Lower Nepean River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source, unless:(i) the dealing involves an access licence which nominates a water supply work located in one of the following management zones:(A) Upper Hawkesbury River (Grose River to South Creek) Management Zone,(B) Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone: or(C) Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone, and(ii) the dealing would not cause the sum of the share components of all access licences with extraction components that specify the Lower Nepean River Management Zone to exceed by more than 3.65 GL the sum of the share components of all access licences that existed in the Lower Nepean River Management Zone at the date of commencement of this Plan,(rr) an access licence which nominates a water supply work located in a management zone in the Hawkesbury and Lower Nepean Rivers Water Source being amended to nominate a water supply work located in the Upper Hawkesbury River (Grose River to South Creek) Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source, unless the dealing involves an access licence which nominates a water supply work located in one of the following management zones:(i) Upper Hawkesbury River (Grose River to South Creek) Management Zone,(ii) Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone,(iii) Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone, or(iv) Lower Nepean River Management Zone, provided that the dealing would not cause the sum of the share components of all access licences with extraction components that specify the Hawkesbury River (Grose River to South Creek) Management Zone, Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone and Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone to exceed the sum of the share components of all access licences in those management zones at the date of commencement of this Plan,(ss) an access licence which nominates a water supply work located in a management zone in the Hawkesbury and Lower Nepean Rivers Water Source being amended to nominate a water supply work located in the Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source, unless the dealing involves an access licence which nominates a water supply work located in one of the following management zones:(i) Upper Hawkesbury River (Grose River to South Creek) Management Zone,(ii) Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone,(iii) Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone, or(iv) Lower Nepean River Management Zone, provided that the dealing would not cause the sum of the share components of all access licences with extraction components that specify the Hawkesbury River (Grose River to South Creek) Management Zone, Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone and Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone to exceed the sum of the share components of all access licences in those management zones at the date of commencement of this Plan,(tt) an access licence which nominates a water supply work located in a management zone in the Hawkesbury and Lower Nepean Rivers Water Source being amended to nominate a water supply work located in the Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source, unless the dealing involves an access licence which nominates a water supply work located in one of the following management zones:(i) Upper Hawkesbury River (Grose River to South Creek) Management Zone,(ii) Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone,(iii) Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone, or(iv) Lower Nepean River Management Zone, provided that the dealing would not cause the sum of the share components of all access licences with extraction components that specify the Hawkesbury River (Grose River to South Creek) Management Zone, Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone and Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone to exceed the sum of the share components of all access licences in those management zones at the date of commencement of this Plan,(uu) an access licence that does not nominate a water supply work located within a lagoon in the Hawkesbury and Lower Nepean Rivers Water Source being amended to nominate a water supply work located within a lagoon in the Hawkesbury and Lower Nepean Rivers Water Source,(vv) an access licence which nominates a water supply work located in a management zone in the Southern Sydney Rivers Water Source being amended to nominate a water supply work located in another management zone in the Southern Sydney Rivers Water Source that is one of the following:(i) Upper Woronora River Management Zone,(ii) Lower Woronora River Management Zone,(iii) Cabramatta Creek Management Zone,(iv) Cooks River and Botany Bay Management Zone, or(v) Southern Sydney Coastal Management Zone,(ww) an access licence which nominates a water supply work located in a management zone in the Southern Sydney Rivers Water Source being amended to nominate a water supply work located in another management zone in the Southern Sydney Rivers Water Source that is one of the following management zones, if it would cause the sum of the share components of all access licences in that management zone to exceed the sum of the share components of all access licences in that management zone at the date of commencement of this Plan,(i) Hacking River Management Zone,(ii) Prospect Creek Management Zone, or(iii) Georges River Catchment Management Zone,(xx) an access licence which does not nominate a water supply work located in the hydrological catchment of Harris Creek in the Lower Georges River and Bunbury Curran Creek Management Zone in the Southern Sydney Rivers Water Source being amended to nominate a water supply work located in the hydrological catchment of Harris Creek in the Lower Georges River and Bunbury Curran Creek Management Zone in the Southern Sydney Rivers Water Source,(yy) an access licence which does not nominate a water supply work located in the hydrological catchment of Williams Creek in the Lower Georges River and Bunbury Curran Creek Management Zone in the Southern Sydney Rivers Water Source being amended to nominate a water supply work located in the hydrological catchment of Williams Creek in the Lower Georges River and Bunbury Curran Creek Management Zone in the Southern Sydney Rivers Water Source,(zz) an access licence which does not nominate a water supply work located in the hydrological catchment of the Georges River above the Georges River at Liverpool Weir gauge (213400) in the Lower Georges River and Bunbury Curran Creek Management Zone in the Southern Sydney Rivers Water Source being amended to nominate a water supply work located in the hydrological catchment of the Georges River above the Georges River at Liverpool Weir gauge (213400) in the Lower Georges River and Bunbury Curran Creek Management Zone in the Southern Sydney Rivers Water Source,(aaa) an access licence which nominates a water supply work located in a management zone in the Northern Sydney Rivers Water Source being amended to nominate a water supply work located in another management zone in the Northern Sydney Rivers Water Source that is one of the following management zones, if it would cause the sum of the share components of all access licences in that management zone to exceed the sum of the share components of all access licences in that management zone at the date of commencement of this Plan:(i) Upper Parramatta River Management Zone,(ii) Lower Parramatta River Management Zone, or(iii) Northern Sydney Coastal Management Zone,(bbb) an access licence which nominates a water supply work located in a management zone in the Northern Sydney Rivers Water Source being amended to nominate a water supply work located in another management zone in the Northern Sydney Rivers Water Source that is one of the following:(i) Lane Cove River Management Zone, or(ii) Middle Harbour Management Zone,(ccc) an access licence that does not nominate a water supply work located in the Kangaroo River Management Zone in the Shoalhaven River Water Source being amended to nominate a water supply work located in the Kangaroo River Management Zone in the Shoalhaven River Water Source,(ddd) an access licence that does not nominate a water supply work located in the escarpment zone below the 500 metre contour on 1:25 000 topographic maps Kangaroo Valley 9028-4-S, Robertson 9028-4-N and Bundanoon 8928-1-S in the Kangaroo River Management Zone in the Shoalhaven River Water Source being amended to nominate a water supply work located in the escarpment zone above the 500 metre contour on 1:25 000 topographic maps Kangaroo Valley 9028-4-S, Robertson 9028-4-N and Bundanoon 8928-1-S in the Kangaroo River Management Zone in the Shoalhaven River Water Source, if it would cause the sum of the share components of all access licences nominating works in the escarpment zone above the 500 metre contour on 1:25 000 topographic maps Kangaroo Valley 9028-4-S, Robertson 9028-4-N and Bundanoon 8928-1-S in the Kangaroo River Management Zone in the Shoalhaven River Water Source to exceed 1,633,(eee) an access licence that does not nominate a water supply work located on an off-river pool in the Kangaroo River Management Zone in the Shoalhaven River Water Source being amended to nominate a water supply work located on an off-river pool in the Kangaroo River Management Zone in the Shoalhaven River Water Source, or(fff) an access licence that nominates a water supply work located on an off-river pool in the Kangaroo River Management Zone in the Shoalhaven River Water Source being amended to nominate a water supply work located on another off-river pool in the Kangaroo River Management Zone in the Shoalhaven River Water Source.(3) Dealings under section 71W of the Act that involve the interstate nomination of water supply works by access licences in these water sources are prohibited.(4) Dealings under section 71W of the Act that involve the nomination of water supply works by interstate access licences in these water sources are prohibited.cl 70: Am 2014 (205), Sch 1 [121]–[124]; 2016 (377), Sch 1 [51]–[53].
Part 12 Mandatory conditions
Note—
Part 12 allows for amendments to be made to this Part.
pt 12, note: Ins 2016 (377), Sch 1 [54].
pt 12: Subst 2014 (205), Sch 1 [125].
Division 1 General
pt 12, div 1: Subst 2014 (205), Sch 1 [125].
70A General
In this Part:(a) a requirement to notify the Minister in writing will only be satisfied by writing to one of the address listed in Appendix 5 of this Plan or to the email address for the Department’s Advisory Service, Water Regulation,Note—At the commencement of this Plan, the email address for the Department’s Advisory Service, Water Regulation is water.enquiries@dpi.nsw.gov.au.(b) a metered water supply work with a data logger means a water supply work with:(i) a meter that complies with Australian Standard AS 4747, Meters for non-urban water supply, as may be updated or replaced from time to time, and(ii) a data logger,(c) if the holder of a water supply work approval is the same as the holder of the access licence under which water is proposed to be taken, then it is not necessary to maintain two separate Logbooks and all the required information can be kept in one Logbook.Note—Logbook is defined in the Dictionary.cl 70A: Ins 2014 (205), Sch 1 [125]. Subst 2016 (377), Sch 1 [55].
Division 2 Access licences
Note—
This Division is made in accordance with sections 17 (c), 20 and 66 of the Act.
pt 12, div 2: Subst 2014 (205), Sch 1 [125].
71 General
(1) Access licences in these water sources must have mandatory conditions where required to give effect to the following:(a) the relevant water allocation account management rules specified in Division 1 of Part 9 of this Plan,(b) the relevant access rules for the taking of water specified in Division 2 of Part 9 of this Plan,(c) the holder of the access licence upon becoming aware of a breach of any condition of the access licence must:(i) notify the Minister as soon as practicable, and(ii) if the notification under subparagraph (i) was not in writing, confirm this notification in writing within seven days of becoming aware of the breach,(d) any other condition required to implement the provisions of this Plan.(2) Access licences in these water sources, excluding access licences that nominate only metered water supply works with a data logger, must have mandatory conditions where required to give effect to the following:(a) the holder of the access licence must keep a Logbook,(b) the holder of the access licence must record the following in the Logbook:(i) each date and start and end time during which water was taken under the access licence,(ii) the volume of water taken on that date,(iii) the water supply work approval number of the water supply work used to take the water on that date,(iv) the purpose or purposes for which the water was taken on that date,(v) for domestic and stock access licences, local water utility access licences, unregulated river access licences and unregulated river (high flow) access licences with share components that specify one of these water sources, the volume of water taken in the first three water years in which this Plan has effect, by comparison to the maximum volume of water permitted to be taken in those years under clause 54 (1),(vi) for domestic and stock access licences, local water utility access licences, unregulated river access licences and an unregulated river (high flow) access licences with share components that specify one of these water sources, the volume of water taken in any three consecutive water years after the first water year in which this Plan has effect, by comparison to the maximum volume of water permitted to be taken in those years under clause 54 (2),(vii) any other information required to be recorded in the Logbook under the rules of this Plan,(c) the holder of an access licence must produce the Logbook to the Minister for inspection, when requested,(d) the holder of an access licence must retain the information required to be recorded in the Logbook for five years from the date to which that information relates.(3) The Minister may require the holder of an access licence that nominates only a metered water supply work with a data logger to keep a Logbook in accordance with any requirements set out in subclause (2).(4) An access licence for an approved EP&A Act development must have mandatory conditions where required to give effect to the relevant access rules for the taking of water specified in Division 2 of Part 9 of this Plan.(5) An access licence held by Shoalhaven City Council must have mandatory conditions for ordering water from Tallowa Dam that are consistent with the Sydney Catchment Authority and Shoalhaven City Council Raw Water Supply Protocols as signed on 5 January 2010 or as subsequently replaced or amended.cl 71: Am 2011 No 62, Sch 2.43 [8]. Subst 2014 (205), Sch 1 [125]. Am 2016 (377), Sch 1 [56]–[60].
Division 3 Water supply work approvals
Note—
This Division is made in accordance with sections 17 (c) and 100 of the Act.
pt 12, div 3: Ins 2014 (205), Sch 1 [125].
72 General
(1) Water supply work approvals for water supply works in these water sources must have mandatory conditions where required to give effect to the following:(a) when directed by the Minister by notice in writing, the approval holder must have metering equipment installed that meets the following requirements:(i) the metering equipment must accurately measure and record the flow of all water taken through the water supply work,(ii) the metering equipment must comply with Australian Standard AS 4747, Meters for non-urban water supply, as may be updated or replaced from time to time,(iii) the metering equipment must be operated and maintained in a proper and efficient manner at all times,(iv) the metering equipment must be sited and installed at a place in the pipe, channel or conduit between the water source and the first discharge outlet. There must be no flow of water out of the pipe, channel or conduit between the water source and the metering equipment,(v) any other requirements as to type, standard or other criteria for the metering equipment specified in the notice,Note—The Minister may direct a landholder or person to install, replace or to properly maintain metering equipment under section 326 of the Act.(b) if a water supply work is to no longer be used permanently, then the approval holder of that work must provide the Minister with notice in writing that the approval holder intends to decommission the water supply work, at least 90 days prior to the date of commencement of decommissioning,(c) upon receiving notice of the intention to decommission from the approval holder under paragraph (b), the Minister may by notice in writing, require that the water supply work not be decommissioned, or that the water supply work be decommissioned in accordance with other requirements. These requirements may be specified by the Minister in a work plan,Note—If a notice in writing is required from the Minister regarding the decommissioning of a water supply work, this notice will be sent to the approval holder within 60 days of the notice under paragraph (a) being sent.(d) if the approval holder receives a notice from the Minister under paragraph (c), the approval holder must proceed in accordance with any requirements in that notice,(e) if the approval holder does not receive a notice from the Minister under paragraph (c) within 60 days of providing notice of the intent to decommission under paragraph (b), the approval holder must decommission the water supply work,(f) within 60 days of the water supply work being decommissioned under paragraphs (d) or (e), the approval holder must notify the Minister in writing that the water supply work has been decommissioned,(g) upon becoming aware of a breach of any condition of the approval, the holder of the water supply work approval must:(i) notify the Minister as soon as practicable, and(ii) if the notification under subparagraph (i) was not in writing, confirm this notification in writing within seven days of becoming aware of the breach,(h) any other conditions required to implement the provisions of this Plan.(2) Water supply work approvals for water supply works in these water sources, excluding a water supply work that is a metered water supply work with a data logger or is used for the purpose of taking water under basic landholder rights only, must have mandatory conditions where required to give effect to the following:(a) the holder of a water supply work approval must keep a Logbook,(b) the holder of a water supply work approval must record the following in the Logbook:(i) each date and start and end time during which water was taken using the water supply work,(ii) the volume of water taken on that date,(iii) the number of the access licence under which water was taken on that date, or, if water was taken under some other authority (such as basic landholder rights), the authority under which water was taken,(iv) the purpose or purposes for which the water was taken on that date,(v) details of any cropping carried out using the water taken through the water supply work including the type of crop, area cropped and dates of planting and harvesting,(vi) where metering equipment has been installed for use in connection with the water supply work, the meter reading before water is taken,(vii) where metering equipment has not been installed for use in connection with the water supply work, details of all pumping activities for the water supply work including pump running hours, pump power usage or pump fuel usage, pump start and stop times, and pump capacity per unit of time, and(viii) any other information required to be recorded in the Logbook under the rules of this Plan,(c) the holder of a water supply work approval must produce the Logbook to the Minister for inspection when requested,(d) the holder of a water supply work approval must retain the information required to be recorded in the Logbook for five years from the date to which that information relates.(3) The Minister may require the holder of a water supply work approval for a metered water supply work with a data logger to keep a Logbook in accordance with any requirements of subclause (2).(4) All water supply work approvals must contain mandatory conditions to require that the water supply work must not be used to take water unless, before water is taken, the holder of the water supply work approval confirms that the relevant environmental flow protection conditions do not apply. Where the holder is required to keep a Logbook, the holder must record that confirmation and the means of confirmation (such as visual inspection or internet search), in the Logbook. In this paragraph environmental flow protection conditions means any conditions on the water supply work approval, or on the access licence under which water is proposed to be taken, that prohibit the taking of water in a particular circumstance.(5) Water supply work approvals for runoff harvesting dams and in-river dams must have a mandatory condition where required to give effect to clause 62 (1).(6) A water supply work approval held by Water NSW must have mandatory conditions to give effect to the following:(a) the relevant system operation rules in Part 6 of this Plan,(b) that Water NSW must make data available to the Minister regarding flows at flow reference points operated by Water NSW at a frequency and time determined by the Minister,(c) that Water NSW must notify the public at a time to be determined by the Minister of details of any releases from their storages for environmental and other purposes planned for the next 24 hours and details of any run of river town water supply transfers planned for the next 24 hours.(7) A water supply work approval held by Eraring Energy must have mandatory conditions to give effect to the relevant system operation rules in Part 6 of this Plan.(8) A water supply work approval held by Delta Electricity must have mandatory conditions to give effect to the following:(a) the relevant system operation rules in Part 6 of this Plan,(b) that Delta Electricity must make data available to the Minister regarding flows at flow reference points operated by Delta Electricity at a frequency and time determined by the Minister,(c) that Delta Electricity must make data publicly available at the earliest time that is practically possible and no later than 9:00 am regarding details of any releases from their storages for environmental and other purposes planned for the next 24 hours and details of any run of river transfers planned for the next 24 hours.(9) The water supply work approval for Maldon Weir must have mandatory conditions to give effect to the relevant system operation rules in Part 6 of this Plan, which may include conditions requiring modification of the work, including installation of a fish ladder.(10) A water supply work approval for a water supply work to which clause 37 applies must have mandatory conditions requiring the holder of the water supply work approval to keep an ECA account and to release ECA water in accordance with clause 37.(11) A water supply work approval for a water supply work to which clause 38 applies must have mandatory conditions requiring the holder of the water supply work approval to keep a BEF account and to release BEF water in accordance with clause 38.(12) A water supply work approval held by Sydney Water Corporation for Manly Dam must have mandatory conditions where required to give effect to clause 39A (1), (2) and (11).(13) Water supply work approvals held by Goulburn Mulwaree Shire Council, Wingecarribee Shire Council and Shoalhaven City Council must have mandatory conditions where required to give effect to clause 39A (3), (4) and (11).(14) A water supply work approval held by Delta Electricity for Wallerawang Dam (Lake Wallace) must have mandatory conditions where required to give effect to clause 39A (5), (6) and (11).(15) A water supply work approval held by Water NSW for Wingecarribee Reservoir must have mandatory conditions where required to give effect to clause 39A (7), (8) and (11).(16) A water supply work approval held by Delta Electricity for Lilyvale Dam must have mandatory conditions where required to give effect to clause 39A (9) and (11).(17) A water supply work approval for Thompsons Creek Dam must have mandatory conditions where required to give effect to clause 39A (10) and (11).(18) A water supply work approval for a surface water supply work must have mandatory conditions where required to give effect to the requirements for a replacement surface water supply work specified in or specified by the Minister in accordance with clause 62 (4).cl 72: Subst 2014 (205), Sch 1 [125]. Am 2014 No 74, Sch 3.48 [13]; 2016 (377), Sch 1 [61]–[64].
Part 13 Amendment of this Plan
73 General
(1) Amendments specified throughout this Plan, and in this Part, are amendments authorised by this Plan.(2) Where an amendment is authorised by this Plan, that authorisation includes any consequential amendments required to be made to the Plan to give effect to that particular amendment.Note—For example, if Part 1 is amended to add a new management zone, this may require amendment to other parts of the Plan to include rules for that management zone.(3) An amendment authorised by this Plan which results in a variation of the bulk access regime, is an amendment authorised by this Plan for the purposes of sections 87 (2) (c) and 87AA of the Act.
74 Part 1
Part 1 may be amended to do any of the following:(a) apply this Plan to new or additional water sources or water management areas (including part thereof), or to modify (including to amend the boundaries) or remove an existing water source or water management area (including part thereof) from this Plan,(b) add, remove or modify a management zone, including the water sources to which a management zone applies and the boundaries of such a zone,(c) add, remove or modify an extraction management unit, including the water sources to which an extraction management unit applies, and(d) amend the Plan Map.cl 74: Am 2014 (205), Sch 1 [2]; 2016 (377), Sch 1 [65].
75 Part 6
(1) Part 6 may be amended to do any of the following:(a) amend the release rules for Lake Yarrunga specified in clause 28 (2) to give effect to any amendments to the 2010 Metropolitan Water Plan or subsequent Metropolitan Water Plans, or as a result of a NSW Government decision on water transfers between the Shoalhaven River Water Source and the Upper Nepean and Upstream Warragamba Water Source,(b) amend the transfer rules specified in clause 30 as a result of a NSW Government decision on water transfers between the Shoalhaven River Water Source and the Upper Nepean and Upstream Warragamba Water Source,(c) amend the interchange rules specified in clause 31,(d) amend the transmission loss factors in clauses 32 and 34 following a review of the factors by the Minister during the term of this Plan provided the transmission loss factors remain in the range of 0.5 to 1.0,(e) amend the release rules specified in clauses 32 and 34 following a review of the factors that prevent the release requirements specified in those clauses from being met,(f) amend the release rules specified in clause 35 following a decision of the NSW Government relating to releases of planned environmental water and other water from Warragamba Dam,(g) amend the release rules specified in clause 36 following a review of the need for and adequacy of the high flow release specified in clause 36 (c) in meeting the needs of the environment downstream of Woronora Dam,(h) amend the ECA rules specified in clause 37 following a review of those rules,(i) vary the release rules specified in Part 6 for major utility access licence holders following a review of the major utility’s activities conducted under section 282 of the Act,(j) amend Part 6 to include system operational rules for Danjera Creek Dam and the Flat Rock Creek Dam in the Lower Shoalhaven River Catchment Management Zone in the Shoalhaven River Water Source, or(k) amend clause 38 to establish banked environmental flow rules for Pheasants Nest Weir, Broughtons Pass Weir, Maldon Weir, Menangle Weir, Camden Weir, Sharpes Weir, Cobbity Weir, Mount Hunter Rivulet Weir, Brownlow Hill Weir, Theresa Park Weir, Wallacia Weir or Penrith Weir.(2) Part 6 may be amended to give effect to environmental flow rules and infrastructure modifications to deliver environmental flows from Manly Dam based on the outcomes of the investigation undertaken in accordance with clause 39A.(3) Part 6 may be amended to give effect to environmental flow rules and infrastructure modifications to deliver environmental flows from water supply works owned and operated by Goulburn Mulwaree Shire Council, Wingecarribee Shire Council or Shoalhaven City Council based on the outcomes of the investigations undertaken in accordance with clause 39A.(4) Part 6 may be amended to give effect to environmental flow rules and infrastructure modifications to deliver environmental flows from Lake Wallace in the Wywandy Management Zone in the Upper Nepean and Upstream Warragamba Water Source based on the outcomes of the investigation undertaken in accordance with clause 39A.(5) Part 6 may be amended to give effect to environmental flow rules and infrastructure modifications to deliver environmental flows from the Wingecarribee Reservoir in the Upper Wingecarribee River Management Zone in the Upper Nepean and Upstream Warragamba Water Source based on the outcomes of the investigation undertaken in accordance with clause 39A.(6) Part 6 may be amended to give effect to environmental flow rules and infrastructure modifications to deliver environmental flows from Lilyvale Dam in the Wywandy Management Zone in the Upper Nepean River and Upstream Warragamba Water Source based on the outcomes of the investigation undertaken in accordance with clause 39A.(7) Part 6 may be amended to give effect to environmental flow rules and infrastructure modifications to deliver environmental flows from Thompsons Creek Dam in the Wywandy Management Zone in the Upper Nepean River and Upstream Warragamba Water Source based on the outcomes of the investigation undertaken in accordance with clause 39A.(8), (9) (Repealed)cl 75: Am 2014 (205), Sch 1 [126]–[128].
76 Part 7
(1) Part 7 may be amended to do any of the following:(a) amend a long-term average annual extraction limit specified in clause 41 (5) in accordance with the outcomes of a review referred to in clause 44 (4),(b) amend the rules for assessment of average annual extraction against the long-term average annual extraction limit under clause 43 and compliance with the long-term average annual extraction limit for an extraction management unit under clause 44,(c) increase a long-term average annual extraction limit specified in clause 41 (4) for the Hawkesbury and Lower Nepean Rivers Extraction Management Unit by a maximum of 5% of Sydney Water Corporation’s average annual usage to account for growth in use by Sydney Water Corporation, or(d) amend a long-term average annual extraction limit for the Hawkesbury and Lower Nepean Rivers Extraction Management Unit specified in clause 41 (5) to account for average annual evaporation and other water losses from Penrith Lakes as estimated by the Minister.(2) Following the surrender under section 77 of the Act of an access licence and then the cancellation under section 77A (6) of the Act of an access licence in one of these water sources, the Minister may amend clause 41 to vary the long-term average annual extraction limit that applies to the EMU.cl 76: Am 2014 (205), Sch 1 [129] [130]. Subst 2016 (377), Sch 1 [66].
77 Part 8
Part 8 of this Plan may be amended to allow applications to be made for an unregulated river (subcategory “Aboriginal community development”) access licence for the taking of water from B Class flows from the following management zones and water sources, following an amendment to the rules specified in Part 9 of this Plan to require unregulated river (subcategory “Aboriginal community development”) access licences to cease taking water when flows are less than B Class:(a) Lake Illawarra Management Zone in the Illawarra Rivers Water Source,(b) Jenolan River Management Zone in the Upper Nepean and Upstream Warragamba Water Source,(c) in the following management zones in the Southern Sydney Rivers Water Source:(i) Georges River Catchment Management Zone,(ii) Hacking River Management Zone,(d) in any other water source or management zone for which flow classes have not been established by this Plan.cl 77: Subst 2014 (205), Sch 1 [131].
78 Part 9
Division 2 of Part 9 of this Plan may be amended to do any of the following:(a) subject to paragraph (b), establish new flow classes or access rules for the following management zones in the Hawkesbury and Lower Nepean Rivers Water Source following a review undertaken by the Minister:(i) Upper Hawkesbury River (Grose River to South Creek) Management Zone,(ii) Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone,(iii) Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone, or(iv) Lower Hawkesbury River Management Zone,(b) in developing new flow classes or access rules under paragraph (a) the Minister must:(i) consult with the Department of Primary Industries, Office of Environment and Heritage, Local Land Services and representatives of interest groups and water users as determined by the Minister,(ii) provide a report to the groups referred to in subparagraph (i) detailing the following:(A) any methodology used to develop the proposed new flow classes or access rules,(B) any field results and conclusions in terms of the degree to which the new flow classes or access rules meet the objectives in clause 10 (b), (c), (e), (f), (g) and (k) of this Plan,(C) any field results and conclusions in regard to whether the new flow class rules or access rules should be adopted based on salinity levels, inflows from upstream water sources or other management approaches, including consideration of:(1) the homogeneity of the tidal pool indicating whether rules apply across the water source or whether specific rules may apply to management zones or areas within the water source,(2) the suitability of sites for measurement of flow or salinity levels,(3) the significance of extraction on salinity levels, if required,(4) ecosystem requirements, and(5) ecological considerations,(D) consideration of relevant studies relating to the proposed flow classes or access rules including the outcomes of any low flow verification studies, and(E) the socio-economic impacts of the proposed new flow classes or access rules,(c) amend the existing flow classes or establish a new or additional flow class or flow classes for the Fitzroy Falls Management Zone in the Shoalhaven River Water Source, after Year 5 of this Plan, provided that:(i) the top of the Very Low Flow Class and the bottom of A Class is at or below the 95th percentile flow at the flow reference point, and(ii) the Minister is satisfied that water users are able to store sufficient water for dry times,(d) amend the access rules for Little Wheeney Creek after Year 5 of this Plan following the creation of a new management zone for Little Wheeney Creek in the Hawkesbury and Lower Nepean Rivers Water Source under clause 74,(e) amend the access rules that apply to access licences held by Penrith Lakes Development Corporation,(f) amend the access rules for any new management zone established at and above Penrith Weir, including to establish new flow classes and a new flow reference point at the river flow gauge at Penrith Weir,(g) amend the access rules that apply to access licences to which Schedule 3 applies for lagoons, lakes, in-river pools and other lentic water bodies to specify a drawdown condition that requires access licence holders to cease taking water when the water level in the lagoons, lakes, in-river pools and other lentic water body is below a specified level,(h) any drawdown conditions specified for a lagoon, lake, in-river pool or other lentic water body under paragraph (g) are to be developed in accordance with a process determined by the Minister that considers the following objectives:(i) provision of refuge for threatened and other aquatic species during periods of low or no flow,(ii) maintenance of natural wetting and drying cycles,(iii) maintenance of natural rates of change in water levels to reduce the possibility of bank slumping and isolation of aquatic animal species,(iv) maintenance of water quality, particularly temperature, for the protection of native fish and other aquatic life,(v) maintenance of groundwater within natural levels and variability,(vi) protection of basic landholder rights, and(vii) ensuring equitable sharing of water between users,(i) once a drawdown condition is specified for a lagoon, lake, in-river pool or other lentic water body under paragraph (g), it may only be amended after Year 5 of this Plan following a study undertaken by the Minister that considers the objectives specified in paragraph (h) (i)–(vii) that shows the drawdown condition requires amending,(j) include rules regarding the transfer of water from rivers to lagoons,(k) amend the flow classes and access rules to provide protection of water for significant Aboriginal cultural sites and places following assessments undertaken by the Minister, excluding the Kangaroo River Management Zone in the Shoalhaven River Water Source,(l) amend the access rules and flow classes to provide protection for run-of-river transfers for town water supply purposes made by Water NSW via the Wingecarribee River and Wollondilly River and made by Goulburn Mulwaree Council via the Upper Wollondilly River,(m) amend the existing flow classes, establish a new or additional flow class or flow classes and amend the flow reference point for the Yarrunga Creek Management Zone in the Shoalhaven River Water Source following an amendment to the environmental release requirements for Fitzroy Falls Reservoir or the interchange rules specified in Part 6,(n) amend the existing flow classes, establish a new or additional flow class or flow classes or amend the flow reference point for the Broughton Creek Management Zone or the Broughton Mill Creek Management Zone in the Shoalhaven River Water Source if further gauging is undertaken at the flow reference points for these management zones to establish the percentile flow values more accurately or if the flow reference points are relocated to a more appropriate site with the same percentile flows,(o) amend the existing flow classes, establish a new or additional flow class or flow classes and amend the flow reference point to specify a newly installed gauge in the Jaspers Brush Creek and Tributaries Management Zone in the Shoalhaven River Water Source after Year 5 of this Plan, so that the top of the Very Low Flow Class and the bottom of A Class is at or below the 95th percentile flow at the newly installed gauge,(p) amend the existing flow classes, establish a new or additional flow class or flow classes and amend the flow reference point to specify a newly installed gauge in the Kowmung River Management Zone in the Upper Nepean and Upstream Warragamba Water Source after Year 5 of this Plan, so that the top of the Very Low Flow Class and the bottom of A Class is at or below the 95th percentile flow at the newly installed gauge and the top of the Very Low Flow Class and the bottom of A Class is at or below the 80th percentile flow at the newly installed gauge after Year 9 of this Plan,(q) amend the existing flow classes, establish a new or additional flow class or flow classes and the access rules for management zones in the Hawkesbury and Lower Nepean Rivers Water Source following an amendment to the rules for this water source specified in Part 6,(r) amend the existing flow classes or establish new flow classes for the Grose River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source, after Year 5 of this Plan, so that the top of A Class and the bottom of B Class is at or below the 80th percentile flow and the top of B Class and the bottom of C Class is at or below the 50th percentile flow at the flow reference point, if the Minister is satisfied that a review of this Plan or further Departmental investigations shows in-stream values are at risk from extractions,(s) amend the existing flow classes or establish new flow classes for the Colo River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source, after Year 5 of this Plan, so that the top of the Very Low Flow Class and the bottom of A Class is at or below the 90th percentile flow, if the Minister is satisfied that a review of this Plan or further Departmental investigations shows in-stream values are at risk from extractions,(t) amend the existing flow classes, establish new flow classes and/or amend the flow reference point to specify a newly installed gauge for the Georges River Catchment Management Zone in the Southern Sydney Rivers Water Source, after Year 5 of this Plan, so that the top of the Very Low Flow Class and the bottom of A Class is at or below the 90th percentile flow at the flow reference point, the top of A Class and the bottom of B Class is at or below the 80th percentile flow at the flow reference point, and the top of B Class and the bottom of C Class is at or below the 50th percentile flow at the flow reference point,(u) amend the existing flow classes, establish new flow classes or establish new access rules for the Northern Sydney Coastal Management Zone in the Northern Sydney Rivers Water Source, after Year 5 of this Plan, if environmental flow rules are established for Manly Dam under clause 75 (2) of this Plan,(v) amend the existing flow classes, establish new flow classes or establish new access rules for the following management zones and water sources after Year 5 of this Plan, if environmental flow rules are established for water supply works owned and operated by Goulburn Mulwaree Shire Council, Wingecarribee Shire Council or Shoalhaven City Council under clause 75 (3) of this Plan:(i) in the following management zones in the Shoalhaven River Water Source:(A) Bundanoon Creek Management Zone,(B) Lower Shoalhaven River Management Zone, and(C) Lower Shoalhaven River Catchment Management Zone,(ii) in the following management zones in the Upper Nepean and Upstream Warragamba Water Source:(A) Upper Wingecarribee River Management Zone,(B) Lower Wingecarribee River Management Zone,(C) Upper Wollondilly River Management Zone, and(D) Lower Wollondilly River Management Zone,(w) amend the existing flow classes, establish new flow classes or establish new access rules for the following management zones in the Upper Nepean and Upstream Warragamba Water Source after Year 5 of this Plan, if environmental flow rules are established for Lake Wallace under clause 75 (5) of this Plan:(i) Wywandy Management Zone, or(ii) Dharabuladh Management Zone,(x) amend the existing flow classes, establish new flow classes or establish new access rules for the Upper Wingecarribee River Management Zone in the Upper Nepean and Upstream Warragamba Water Source after Year 5 of this Plan, if environmental flow rules are established for the Wingecarribee Reservoir under clause 75 (6) of this Plan,(y) amend the existing flow classes, establish new flow classes or establish new access rules for the Wywandy Management Zone in the Upper Nepean and Upstream Warragamba Water Source after Year 5 of this Plan, if environmental flow rules are established for Lake Lyell under clause 75 (7) of this Plan,(z) amend the existing flow classes, establish new flow classes or establish new access rules for the Wywandy Management Zone in the Upper Nepean and Upstream Warragamba Water Source after Year 5 of this Plan, if environmental flow rules are established for Thompsons Creek Dam under clause 75 (8) of this Plan,(aa) amend the existing flow classes, establish new flow classes, and/or amend the flow reference point to specify a newly installed gauge in the following management zones and water sources, so that the top of A Class and the bottom of B Class is at or below the 50th percentile flow at the newly installed gauge:(i) the Lake Illawarra Management Zone in the Illawarra Rivers Water Source,(ii) the following management zones in Upper Nepean and Upstream Warragamba Water Source:(A) Kedumba River Management Zone, or(B) Jenolan River Management Zone, or(C) Kowmung River Management Zone,(iii) the following management zones in the Southern Sydney Rivers Water Source:(A) Georges River Catchment Management, or(B) Hacking River Management Zone,(bb) amend the existing flow classes, establish new flow classes or establish new access rules in the following management zones and water sources following an amendment under clause 75 (1) (d):(i) Maldon Weir Management Zone in the Upper Nepean and Upstream Warragamba Water Source,(ii) the following management zones in the Hawkesbury and Lower Nepean Rivers Water Source:(A) Menangle Weir Management Zone,(B) Camden Weir Management Zone,(C) Sharpes Weir Management Zone,(D) Cobbity Weir Management Zone,(E) Mount Hunter Rivulet Weir Management Zone,(F) Brownlow Hill Weir Management Zone,(G) Theresa Park Weir Management Zone, and(H) Wallacia Weir Management Zone,(cc) establish new flow classes in any water source where management zones are added, or in any water source or management zone that is amended during the term of this Plan under clause 74 or in any water source or management zone for which flow classes have not been established by this Plan,(dd) add, remove or modify the flow reference points for these water sources or management zones,(ee) add, remove or modify the description of flows at the flow reference point for these water sources or management zones as a result of an amendment under paragraph (dd),(ff) add, remove or modify the commencement date for a flow class,(gg) add, remove or modify the water sources or management zones to which any flow class applies, excluding the Kangaroo River Management Zone in the Shoalhaven River Water Source,(hh) amend clause 57 to modify the volume of water permitted to be taken for stock watering under clause 57 (19) (c),(ii) amend clause 57 to provide for new access rules following a period of access to very low flows under clause 57 (1) (d),(jj) establish or assign new TDELs in these water sources or management zones to protect water held under an access licence for the purpose of providing water to the environment,(kk) establish or assign new TDELs in these water sources or management zones to protect a proportion of flow within each flow class for the environment,(ll) amend or remove TDELs if TDELs have been established or assigned under paragraphs (jj) and/or (kk),(mm) include rules for the establishment, assignment and removal of IDELs on access licences, including to impose rules for the establishment of IDELs and to impose mandatory conditions in relation to IDELs,(nn) amend clause 57 to remove the existing access rules where new TDELs and/or IDELs have been established under paragraphs (kk) and/or (mm) to protect a proportion of flow within each flow class for the environment,(oo) amend clause 57 to reinstate access rules that applied at the commencement of this Plan, where TDELs and IDELs have been removed under paragraphs (ll) and (mm),(pp) establish and/or assign additional TDELs for the Minnamurra River Management Zone in the Illawarra Rivers Water Source after Year 6 of this Plan so that the TDEL is equal to or less than 30% of the 50th percentile flow at the flow reference point for B Class and 30% of the 30th percentile flow at the flow reference point for C Class, if the Minister is satisfied that a review of this Plan or further Departmental investigations shows that high in-stream values are at risk from extractions,(qq) establish and/or assign additional TDELs for the Macquarie Rivulet Management Zone in the Illawarra Rivers Water Source after Year 6 of this Plan so that the TDEL is equal to or less than 60% of the 50th percentile flow at the flow reference point for B Class and 30% of the 30th percentile flow at the flow reference point for C Class, if the Minister is satisfied that a review of this Plan or further Departmental investigations shows that in-stream values are at risk from extractions,(rr) establish and/or assign additional TDELs for the Lower Wingecarribee River Management Zone or the Upper Wingecarribee River Management Zone in the Upper Nepean and Upstream Warragamba Water Source after Year 6 of this Plan so that the TDEL is equal to or less than 30% of the 50th percentile flow at the respective flow reference point for B Class and 30% of the 30th percentile flow at the respective flow reference point for C Class, if the Minister is satisfied that a review of this Plan or further Departmental investigations shows that in-stream values are at risk from extractions,(ss) establish and/or assign additional TDELs for the Grose River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source after Year 6 of this Plan so that the TDEL is equal to or less than 30% of the 80th percentile flow at the flow reference point for A Class, 30% of the 50th percentile flow at the flow reference point for B Class and 30% of the 30th percentile flow at the flow reference point for C Class, if the Minister is satisfied that a review of this Plan or further Departmental investigations shows that in-stream values are at risk from extractions,(tt) establish and/or assign additional TDELs for the Lower South Creek Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source so that the TDEL is equal to or less than 30% of the 50th percentile flow at the flow reference point for A Class and 30% of the 30th percentile flow at the flow reference point for B Class, if discharges from the St Marys Water Recycling Plant cease,(uu) establish and/or assign additional TDELs for the Georges River Catchment Management Zone in the Southern Sydney Rivers Water Source after Year 6 of this Plan so that the TDEL is equal to or less than 30% of the 80th percentile flow at the flow reference point for A Class, 30% of the 50th percentile flow at the flow reference point for B Class and 30% of the 30th percentile flow at the flow reference point for C Class, following the installation of a gauge in or near this management zone and if the Minister is satisfied that a review of this Plan or further Departmental investigations shows that in-stream values are at risk from extractions,(vv) establish and/or assign TDELs for the Upper Shoalhaven River Management Zone of the Shoalhaven River Water Source such that the TDEL is equal to or less than 30% of the 50th percentile flow at the flow reference point for A Class, and 30% of the 30th percentile flow at the flow reference point for B Class, if the Minister is satisfied that a review of this Plan or further Departmental investigations shows that in-stream values are at risk from extractions,(ww) establish and/or assign TDELs and/or IDELs for a management zone specified in clause 58 (4) or clause 58 (6),(xx) decrease and/or reassign TDELs for a management zone or water source following the purchase and/or cancellation of an access licence in that management zone,(yy) amend the access rules specified in clauses 57 (1) (c), 57 (1) (d) and 57 (2)–(3) following a review conducted under clause 57 (1) (e), or(zz) amend the existing flow classes, establish new flow classes or establish new access rules to require unregulated river (high flow) access licences to cease taking water when flows are below a certain threshold in the Lower Hawkesbury River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source, or(aaa) adjust TDELs and IDELs in the Kangaroo River Management Zone in the Shoalhaven River Water Source.cl 78: Am 2013 No 51, Sch 8.1 [2]; 2014 (205), Sch 1 [132]–[137]; 2014 No 74, Sch 3.48 [14]; 2016 (377), Sch 1 [67]–[69].
79 Part 10
Part 10 may be amended to do any of the following:(a) amend clause 62 to specify water sources or management zones where water supply work approvals must not be granted or amended to authorise an in-river dam, or(b) amend clause 62 to add or remove water sources or management zones where water supply work approvals must not be granted or amended for water supply works to take water from lagoons.
80 Part 11
Part 11 may be amended to allow the conversion of unregulated river access licences to unregulated river (high flow) access licences in the following management zones and water sources following an amendment to the rules specified in Part 9 of this Plan to require unregulated river (high flow) access licences to cease taking water when flows are below a certain threshold for:(a) the following management zones in the Upper Nepean and Upstream Warragamba Water Source:(i) Kedumba River Management Zone, or(ii) Kowmung River Management, or(b) the Lower Hawkesbury River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source.cl 80: Am 2014 (205), Sch 1 [138] [139].
81 Schedules
(1) Schedule 1 may be amended to add, modify and/or remove a definition.(2) Schedule 2 may be amended to do any of the following:(a) add a new access licence to clause 1 of Schedule 2, provided that a written request has been made to the Minister and the Minister is satisfied that extraction under the access licence is for a purpose covered in clause 57 (19) (a) and that purpose was specified on, or referred to in the conditions of the former Water Act 1912 entitlement that was replaced by the access licence,(b) add a local water utility access licence or an unregulated river (subcategory “town water supply”) access licence to clause 2 of Schedule 2, provided the Minister is satisfied that the water supply system used to take, store and deliver water has not undergone major augmentation since the commencement of this Plan,(c) remove a local water utility access licence or an unregulated river (subcategory “town water supply”) access licence or former Water Act 1912 entitlement from Schedule 2 if:(i) an access licence dealing results in water under the licence being taken from a different location,(ii) an alternative water supply is obtained, or(iii) the licence is surrendered or cancelled or its purpose ceases to exist,(d) remove a local water utility access licence, an unregulated river (subcategory “town water supply”) access licence or former Water Act 1912 entitlement from clause 2 of Schedule 2 if the Minister is satisfied that the water supply system used to extract, store and deliver water has undergone major augmentation since the commencement of this Plan,(e) add a new access licence to clause 2 of Schedule 2, provided that the Minister is satisfied that the access licence is for the purpose of power generation and that purpose was specified on, or referred to in the conditions of, the former Water Act 1912 entitlement that the access licence replaced on commencement of this Plan, and/or(f) remove an access licence from clause 2 of Schedule 2.(3) Schedule 2 may be deleted if the Minister is satisfied that it is no longer required.(4) Schedule 3 may be amended to do any of the following:(a) remove an access licence or former Water Act 1912 entitlement from Schedule 3, or(b) add an access licence to Schedule 3.(5) Schedule 3 may be deleted if the Minister is satisfied that it is no longer required.cl 81: Am 2014 (205), Sch 1 [140].
82 Other
(1) This Plan may be amended to provide for the management of floodplain harvesting within these water sources.(2) This Plan may be amended to provide for the shepherding of water.(3) This Plan may be amended to incorporate new release rules for Warragamba Dam, to provide for the passage of those releases and to establish new access rules following a decision by the NSW Government on the requirements for releases from Warragamba Dam for environmental and other purposes.(4) This Plan may be amended to include rules to provide for any new category or subcategory of access licence established for the purpose of stormwater harvesting.(5) This Plan may be amended to provide rules for the interception of runoff from land before it reaches a stream by plantations or other means.(6) This Plan may be amended to allow for the granting of aquifer interference approvals and the management of aquifer interference activities.(7) This Plan may be amended to secure water savings associated with the Commonwealth of Australia and NSW Government Hawkesbury-Nepean River Recovery Project.(8) This Plan may be amended to include or amend rules in relation to record-keeping. This includes amendments in relation to requirements for Logbooks following the installation of meters with telemetry.(9) Consequential amendments may be made to this Plan as a result of an amendment to the Act or regulations.(10) This Plan may be amended to include rules for the following:(a) managed aquifer recharge,Note—Managed aquifer recharge schemes involve taking water such as recycled water or urban stormwater, treating it and then storing it in underground aquifers under controlled conditions. This water can then be extracted at a later time.(b) the management of salt interception schemes.(11) This Plan may be amended following the granting of a native title claim pursuant to the provisions of the Native Title Act 1993 of the Commonwealth to give effect to an entitlement granted under that claim.(12) This Plan may be amended after Year 5 to provide rules for the protection of water-dependent Aboriginal cultural assets to do any of the following:(a) identify water-dependent Aboriginal cultural assets,(b) restrict the granting and amending of water supply work approvals to protect water-dependent Aboriginal cultural assets,(c) amend the dealing rules to protect water-dependent Aboriginal cultural assets.(13) Any amendment under subclause (12) will take into account the socio-economic impacts of the proposed change and the environmental water requirements of the water source.(14) Before making an amendment pursuant to subclause (12) the Minister should consult with relevant Government agencies and stakeholders.cl 82: Am 2016 (377), Sch 1 [70].
Schedule 1 Dictionary
Appendix 1, hdg: Am 2014 (205), Sch 1 [2].
Aboriginal person has the same meaning as it has in the Aboriginal Land Rights Act 1983.
alluvial sediments means unconsolidated fluvio-lacustrine sediments.
approved EP&A Act development means:
(a) a project approved under Part 3A of the Environmental Planning and Assessment Act 1979 (whether before or after its repeal), or
(b) State significant development authorised by a development consent under Part 4 of that Act, or
(c) State significant infrastructure approved under Part 5.1 of that Act.
black start means the provision of electricity to the national grid by Eraring Energy in order to restore operation of the electricity system in the event of a partial or complete shutdown of coal-fired power stations, and the subsequent power outages.
dead storage means the portion of a water storage capacity that is equal to the volume of water below the level of the lowest outlet (the minimum supply level). This water cannot be accessed under normal operating conditions.
divert means the transfer of water by artificial means from one storage to another by a route which differs from the route the water otherwise would have taken.
fractured rock means sedimentary, igneous and metamorphic rocks with fractures, joints, bedding planes and cavities in the rock mass that are capable of transmitting water.
full containment volume means the volume of water that is impounded in the pool, lagoon or lake when the level of water in the pool, lagoon or lake is at the high water mark.
Full Supply Level means the normal maximum operating water level of a water storage when not affected by floods. This water level usually corresponds to the spillway water level or 100% capacity.
grazeable area means, for an individual landholding, the area of pasture in hectares for a pasture type that is accessible for stock grazing and able to grow appropriate vegetation for stock grazing, but does not include impervious surfaces (such as rocks or rocky terrain, man-made structures, mines or quarries) or other such surfaces that do not support grazing vegetation such as water bodies and forested floors with no undergrowth.
individual daily extraction limit (IDEL) is the volume of water that may be extracted by an individual access licence from an unregulated river on a daily basis from a particular flow class.
in-river dam means a dam located in a river.
in-river dam pool means the area of water immediately upstream of an in-river dam where the river has pooled as a result of an in-river dam.
in-river pool means a natural pool, lagoon or lake that is within a river or stream (regardless of stream size) and excludes:
(a) a pool that is on a flood-runner or floodplain, or
(b) a pool that is on an effluent that only commences to flow during high flows.
interchange means the movement of water from one storage to another, and the return of that water to the original storage by Eraring Energy.
lentic water body means a water source, such as a swamp, bog or marsh where water levels do not experience a corresponding decrease when nearby river water levels decrease.
Logbook, in relation to an access licence or water supply work approval, means a written record, kept in hard copy or electronic form, which accurately records all information required to be kept in relation to the access licence or water supply work approval under the rules of this Plan.
management zone is an area within a water source in which rules particular to that management zone will apply, for example daily extraction limits and restrictions on dealings.
mangrove limit is as defined in the DIPNR Survey of tidal limits and mangrove limits in NSW estuaries 1996 to 2003 (NSW Dept of Commerce, Manly Hydraulics Laboratory).
off-river pool means a natural pool, lagoon or lake that is:
(a) not within a river or stream (regardless of stream size), or
(b) located on a flood-runner or floodplain, or
(c) located on an effluent that only commences to flow during high flows.
Plan Map for these water sources has the same meaning as in clause 4 (2) of this Plan.
porous rock means consolidated sedimentary rock containing voids, pores or other openings (such as joints, cleats and/or fractures) which are interconnected, in the rock mass and are capable of transmitting water.
runoff harvesting dam means a dam on a hillside or minor stream which collects and stores rainfall runoff. Minor streams are defined in harvestable rights orders made under section 54 of the Act. For the purposes of this Plan, references to runoff harvesting dams as water supply works include any associated pumps or other works which take water from the dam. For the purpose of clarity, this definition includes dams that are also used to store water diverted into the dam from a river or other source of water.
shepherding means the delivery of a calculated volume of water that was created by non-activation/reduced extraction at a nominated licence location to a more downstream location, after consideration of losses, where it will be made available for extraction or use for the environment.
signal stage is the stage of the weir necessary to deliver a required environmental release over a 24-hour period.
stage of the weir means the current recorded operating level of the reservoir behind the weir.
total active storage means the total volume of water in the water storage minus the volume of dead storage.
total daily extraction limit (TDEL) is the volume of water that may be extracted under access licences from an unregulated river on a daily basis from a particular flow class.
total storage capacity means the entire volume of water contained by the water storage at Full Supply Level; equal to the sum of the active storage capacity plus the dead storage capacity.
transmission losses are any loss of water volume, through natural influences such as evaporation or seepage, which occurs as water travels down a river.
visible flow means continuous downstream movement of water that is perceptible to the eye.
Water Act 1912 entitlement has the same meaning as an entitlement has in clause 2 of Schedule 10 to the Act.
water storage means the water body impounded by a dam, weir or other structure, which is used to regulate and manage river flows in this water source.
wild river means any river or part of a river that has been declared to be a wild river by notification published in the NSW Government Gazette under section 61 of the National Parks and Wildlife Act 1974.
sch 1: Am 2014 No 88, Sch 2.76 [1]; 2016 (377), Sch 1 [71]–[76].
Appendix 1: Subst 2016 (377), Sch 1 [78].
Schedule 2 Access licences used to take surface water exempt from environmental flow protection rules
1 General
This clause applies to each access licence which replaces a Water Act 1912 entitlement listed in the table below.
2 Local water utility, major utility and unregulated river (subcategory “town water supply”) access licences
This clause applies to each access licence which replaces a Water Act 1912 entitlement listed in the table below.
sch 2: Am 2016 (377), Sch 1 [77].
Appendix 2: Subst 2016 (377), Sch 1 [79].
Schedule 3 Access licences used to take water from lagoons exempt from environmental flow protection rules
This Schedule applies to each access licence which replaces a Water Act 1912 entitlement listed in the table below.Water Act 1912 entitlements that will be replaced by access licences on commencement of this Plan |
10SL055521 |
10SL023837 |
10SL027842 |
10SL034814 |
10SL043801 |
10SL047904 |
10SL050408 |
10SL055642 |
10SL056347 |
10SL014361 |
10SL018765 |
10SL046760 |
10SL056071 |
10SL035217 |
10SL055576 |
10SL007737 |
10SL056327 |
10SL017202 |
10SL045144 |
10SL055386 |
10SL055859 |
10SL056535 |
10SL022214 |
10SL022297 |
10SL022362 |
10SL022448 |
10SL027180 |
10SL028843 |
10SL029552 |
10SL029785 |
10SL039133 |
10SL047925 |
10SL055543 |
10SL055544 |
10SL055570 |
10SL055808 |
10SL056631 |
Appendix 3: Am 2014 (205), Sch 1 [2] [141]; 2014 No 88, Sch 2.76 [2]. Subst 2016 (377), Sch 1 [80].
Appendix 1 Overview of the Plan Map
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Appendix 2 Water Sources covered by this Plan
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Appendix 3 Inspection of the Plan Map
Copies of the Plan Map may be inspected at the following offices:DPI Water
NSW Department of Primary Industries
10 Valentine Avenue
PARRAMATTA NSW 2150
DPI Water
NSW Department of Primary Industries
84 Crown Street
WOLLONGONG NSW 2500
DPI Water
NSW Department of Primary Industries
5 O’Keefe Street
NOWRA NSW 2541
DPI Water
NSW Department of Primary Industries
Level 3, 159 Auburn Street
GOULBURN NSW 2580
Appendix 4 Access licences subject to the cease to take condition specified in clause 57 (5) of this Plan
It is expected that those access licences which replace Water Act 1912 entitlements listed in Column 1 of the table below and which have share components that specify the water sources listed in Column 2 of the table below, will have the applicable Water Act 1912 condition specified in Column 3 imposed as mandatory conditions to give effect to clause 57 (5) of this Plan.Column 1 | Column 2 | Column 3 |
Water Act 1912 entitlements that will be replaced by access licences on commencement of this Plan | Water source | Water Act 1912 conditions |
10SL038625 | Hawkesbury and Lower Nepean Rivers Water Source | The pump shall not be used when the discharge of the Capertee River at the Glen Davis gauge is less than 10 megalitres per day (such discharge corresponding to a reading on the said gauge of 0.38 metres or such other reading as may be determined from time to time). |
10SL056171 | Hawkesbury and Lower Nepean Rivers Water Source | The authorised work shall not be used for water supply for environmental rehabilitation (wetland) purposes unless the flow at the gauge on the Hawkesbury River at Penrith Weir exceeds 70 megaltires per day or a height of 1.03 metres on the gauge board. |
10SL045224 | Hawkesbury and Lower Nepean Rivers Water Source | The authorised work on the Nepean River shall not be used for sand and gravel washing purposes or water supply to augment the supply in Cranebrook Creek when the discharge of the Nepean River at the Penrith Weir gauge is less than 350 megalitres per day (such discharge corresponding to a reading on the said gauge of 1.09 metres or such other reading as may be determined from time to time). |
10SL047922 | Hawkesbury and Lower Nepean Rivers Water Source | The authorised work on the Nepean Weir shall not be used when the discharge of the Nepean River at the Penrith Weir gauge is less than 170 megalitres per day (such discharge corresponding to a reading on the said gauge of 1.03 metres or such other reading as may be determined from time to time). |
10SL055429 | Hawkesbury and Lower Nepean Rivers Water Source | The authorised work shall not be used for the purpose of irrigation of the area referred to in this licence or any part thereof, unless the discharge of the Nepean River at Penrith Weir gauging station exceeds 70 megalitres per day. This corresponds to a height of 1.025 metres on the gauge or other such reading as may be determined from time to time. |
10SL055550 | Hawkesbury and Lower Nepean Rivers Water Source | The authorised work shall not be used for the purpose of irrigation unless the flow in the Nepean River at the Penrith Weir gauging station is less than 70 megalitres per day. This flow corresponds to a height of 1.025 metres on the said gauge.. |
10SL055443 | Hawkesbury and Lower Nepean Rivers Water Source | There is to be no pumping when the flow in the Nepean River at Penrith Weir gauging station is less than 70 megalitres per day. This corresponds to a height of 1.025 metres on the gauge. |
10SL055808 | Hawkesbury and Lower Nepean Rivers Water Source | The authorised work shall not be used for the purpose of pumping water from the Hawkesbury River into the unnamed lagoon adjoining Yarramundi Lagoon unless flow at the gauge on the Nepean River at the Penrith Weir (gauging station 212201) exceeds 70 ML/day or a gauge height of 1.025m. |
10SL055448 | Hawkesbury and Lower Nepean Rivers Water Source | There is to be no pumping when the flow in the Nepean River at Penrith Weir gauging station is less than 70 megalitres per day. This corresponds to a height of 1.025 metres on the gauge. |
10SL055428 | Hawkesbury and Lower Nepean Rivers Water Source | There is to be no pumping when the flow in the Nepean River at Penrith Weir gauging station is less than 70 megalitres per day. This corresponds to a height of 1.025 metres on the gauge. |
10SL051410 | Upper Nepean and Upstream Warragamba Water Source | The authorised work (pump) shall not be used on Long Swamp Creek for the purpose of irrigation when the discharge of Long Swamp Creek at the Inverary Road gauge is less than 5.0 megalitres per day (such discharge corresponding to a reading on the said gauge of 0.70 metres or such other reading as may be determined from time to time). |
10SL055094 | Upper Nepean and Upstream Warragamba Water Source | The authorised work shall not be used for the purpose of irrigation unless a minimum flow of 10 megalitres per day is maintained in the Wollondilly River. Such a flow shall be indicated by a reading of 0.38 on a gauge located on the northern side of the of the road crossing over the Wollondilly River being part Lot 210, DP750002, Parish of Baw Baw, County of Argyle. |
10SL056626 | Upstream Nepean and Upstream Warragamba Water Source | Water must not be taken unless the flow in the Tuglow River at the staff gauge within the licence holder’s property exceeds 3 ML/day. |
10SL055667 | Illawarra Rivers Water Source | The licensed work shall not be used for the purpose of irrigation unless the flow in Macquarie Rivulet at the 003 Macquarie Rivulet Stream gauge is greater than 6.75 megalitres per day (such discharge corresponding to a reading on the said gauge of 0.3 metres or such other reading as may be determined from time to time). |
10SL055668 | Illawarra Rivers Water Source | The licensed work shall not be used for the purpose of irrigation unless the flow in Macquarie Rivulet at the 003 Macquarie Rivulet stream gauge is greater than 6.75 metres per day (such discharge corresponding to a reading on the said gauge of 0.3 metres or such other reading as may be determined from time to time). |
10SL022716 | Illawarra Rivers Water Source | When the discharge of the Minnimurra River at the Browns Lane Road Crossing gauge located on the left bank at the western side of the bridge being Lot 32/751290, Parish of Kiama, County of Camden, falls below 3 megalitres per day (such discharge corresponding to a reading on the said gauge of 0.175 or such other reading as may be determined from time to time) the authorised pump shall not be used for the purpose of irrigation. |
10SL022991 | Illawarra Rivers Water Source | When the discharge of Minnamurra River at the Jamberoo Bridge Road Crossing gauge located on a tree on the left bank at the western side of the bridge being Lot A, Section 4, DP192098, Parish of Jamberoo, Country of Camden, falls below 3 megalitres per day (such discharge corresponding to a reading on the said gauge of 0.235 or such other reading as may be determined from time to time) the authorised pump shall not be used for the purpose of irrigation. |
10SL029808 | Illawarra Rivers Water Source | When the discharge of the Minnamurra River at the Browns Lane Road Crossing gauge located on the left bank at the western side of the bridge being Lot 32, DP751290, Parish of Kiama, County of Camden, falls below 3.0 megalitires per day (such discharge corresponding to a reading on the said gauge of 0.175 or such other reading as may be determined from time to time) the authorised pump shall not be used for the purpose of irrigation. |
10SL033070 | Illawarra Rivers Water Source | When the discharge of the Minnamurra River at the Browns Lane Road Crossing gauge located on the left bank at the western side of the bridge being Lot 32, DP 751290, Parish of Kiama, County of Camden, falls below 3 megalitres per day (such discharge corresponding to a reading on the said gauge of 0.175 or such other reading as may be determined from time to time) the authorised pump shall not be used for the purpose of irrigation. |
10SL039501 | Illawarra Rivers Water Source | When the discharge of the Minnimurra River at the Jamberoo Bridge Road Crossing gauge located on a tree on the left bank at the western side of the bridge being Lot A, Section 4, DP192098, Parish of Jamberoo, County of Camden, falls below 3 megalitres per day (such discharge corresponding to a reading on the said gauge of 0.235 or such other reading as may be determined from time to time) the authorised pump shall not be used for the purpose of irrigation. |
10SL042895 | Illawarra Rivers Water Source | When the discharge of the Minnimurra River at the Browns Lane Road Crossing gauge located on the left bank of the western side of the bridge being Lot 32, DP751290, Parish of Kiama, County of Camden, falls below 3 megalitres per day (such discharge corresponding to a reading on the said gauge of 0.175 or such other reading as may be determined from time to time) the authorised pump shall not be used for the purpose of irrigation. |
10SL055158 | Illawarra Rivers Water Source | When the discharge of the Minnimurra River at the Jamberoo Bridge Road Crossing gauge located on a tree on the left bank at the western side of the bridge being Lot A, Section 4, DP192098, Parish of Jamberoo, County of Camden, falls below 3 megalitres per day (such discharge corresponding to a reading on the said gauge of 0.235 or such other reading as may be determined from time to time) the authorised pump shall not be used for the purpose of irrigation. |
10SL055473 | Shoalhaven River Water Source | When the discharge of the Bungonia Creek at the Bungonia Creek gauge falls below 1.0 megalitres per day (such discharge corresponding to a reading on the said gauge of 0.24 metres or such other reading as may be determined from time to time), the authorised pump must not be used for the purpose of irrigation. |
10SL055469 | Shoalhaven River Water Source | The authorised work shall not be used on the Shoalhaven River for the purpose of irrigation when the discharge of the Shoalhaven River at the Warri gauge is less than 48.0 megalitres per day (such discharge corresponding to a reading on the said gauge of 0.523 metres or such other reading as may be determined from time to time). |
10SL055732 | Shoalhaven River Water Source | The authorised work shall not be used on the Shoalhaven River for the purpose of irrigation when the discharge of the Shoalhaven River at the Warri gauge is less than 48.0 megalitres per day (such discharge corresponding to a reading on the said gauge of 0.523 metres or such other reading as may be determined from time to time). |
10SL055779 | Shoalhaven River Water Source | The authorised work (pump) shall not be used on Gillamatong Creek for the purpose of irrigation and/or recreation when the discharge of Gillamatong Creek at the SCA staff gauge (located on the right bank at the north end of Lot 3, DP835991) is less than 1.3 megalitres per day (such discharge corresponding to a reading on the said gauge of 0.32 metres or such other reading as may be determined from time to time). |
10SL055791 | Shoalhaven River Water Source | The authorised pump on the Mongarlowe River shall not be used for irrigation or for the purpose of filling the off-creek storage (authorised by 10SL56526) unless the flow at the gauge on the Mongarlowe River at Monga (gauging station 215007) exceeds 20.0 megalitres/day. This gauge is located on Lot 3, DP836639, Parish of Monga, County of St Vincent. |
10SL055340 | Shoalhaven River Water Source | The authorised work shall not be used on the Shoalhaven River for the purpose of irrigation when the discharge of the Shoalhaven River at the Kadoona gauge is less than 10.0 megalitres per day (such discharge corresponding to a reading on the said gauge of 0.33 metres or such other reading as may be determined from time to time). |
10SL055341 | Shoalhaven River Water Source | The authorised work shall not be used on the Shoalhaven River or Boggy Creek for the purpose of irrigation when the discharge of the Shoalhaven River at the Kadoona gauge is less than 10.0 megalitres per day (such discharge corresponding to a reading on the said gauge of 0.33 metres, or such other reading as may be determined from time to time). |
10SL055746 | Shoalhaven River Water Source | The authorised work shall not be used on the Shoalhaven River for the purpose of irrigation when the discharge of the Shoalhaven River at the Kadoona gauge is less than 10 megalitres per day (such discharge corresponding to a reading on the said gauge of 0.33 metres or such other reading as may be determined from time to time). |
10SL055747 | Shoalhaven River Water Source | The authorised work shall not be used on the Shoalhaven River for the purpose of irrigation when the discharge of the Shoalhaven River at the Kadoona gauge is less than 10.0 megalitres per day (such discharge corresponding to a reading on the said gauge of 0.33 metres or such other reading as may be determined from time to time). |
10SL055767 | Shoalhaven River Water Source | The authorised work shall not be used on the Shoalhaven River for the purpose of irrigation when the discharge of the Shoalhaven River at the Kadoona gauge is less than 10.0 megalitres per day (such discharge corresponding to a reading on the said gauge of 0.33 metres or such other reading as may be determined from time to time). |
Appendix 4: Subst 2014 (205), Sch 1 [142]. Am 2016 (377), Sch 1 [81].
Appendix 5 Office
Any notifications that may be required to be made to the Minister, as specified in this Plan can be made to the following office:Manager, Water Regulation
DPI Water
NSW Department of Primary Industries
PO Box 3720
PARRAMATTA NSW 2124
Appendix 5: Subst 2014 (205), Sch 1 [143]. Am 2016 (377), Sch 1 [82].