New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE BELLINGER RIVER AREA UNREGULATED AND ALLUVIAL WATER SOURCES 2008 - REG 21

21 Planned environmental water

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

(a) water volume in excess of the respective long-term average annual extraction limit established in clause 42 of this Plan may not be taken and used for any purpose in these water sources, thereby protecting a proportion of river flows for fundamental ecosystem needs from increases in long-term water extraction, and

(b) for all water sources, the water remaining in the water source after taking water to meet basic landholder rights and for access licences in accordance with the rules identified in clause 21 (3).

(2) The planned environmental water established in clause 21 (1) (a) for these water sources is maintained by the rules in clause 44 that limit the availability of water for extraction under access licences, thereby protecting a proportion of natural river flows for fundamental ecological needs from increases in long-term water extraction.

(3) The planned environmental water established in clause 21 (1) (b) is maintained as follows:

(a) in management zones or water sources with a Very Low Flow Class, the holders of access licences, excluding access licences listed in Schedule 3, aquifer access licences under clause 65 (1) and 65 (3) and access licences under clause 65 (7) of this Plan, and access licences that nominate a runoff harvesting work, are not permitted to take water when flows are within the Very Low Flow Class,

(b) in all water sources, excluding access licences listed in Schedule 3, aquifer access licences under clause 65 (1) and 65 (3) and access licences under clause 65 (7) of this Plan and access licences that nominate a runoff harvesting work, notwithstanding all other rights and conditions, extraction of water from a river by an approved water supply work is permitted:

(i) if there is a visible flow in the river in the downstream vicinity of the water supply work, or

(ii) where water is being taken from a pool, a visible inflow and outflow to and from that pool,

(c) in the Bellinger River Water Source, excluding access licences listed in Schedule 3, aquifer access licences under clause 65 (1) and 65 (3) and access licences under clause 65 (7) of this Plan, and access licences that nominate a runoff harvesting work, notwithstanding all other rights and conditions, extraction of water from a river by an approved water supply work is permitted for no more than 8 hours per day, when the flow at the Bellinger River Gauge at Thora is greater than 16 ML/day and less than or equal to 32 ML/day,

(d) in the Hydes Creek Water Source, excluding access licences listed in Schedule 3, aquifer access licences under clause 65 (1) and 65 (3) and access licences under clause 65 (7) of this Plan, and access licences that nominate a runoff harvesting work, notwithstanding all other rights and conditions, extraction of water from a river by an approved water supply work is permitted for no more than 8 hours per day, when the flow at the Hydes Creek Gauge at Kethels Road bridge is greater than 1 ML/day and less than or equal to 4 ML/day, and

(e) in the Never Never Water Source, excluding access licences listed in Schedule 3, aquifer access licences under clause 65 (1) and 65 (3) and access licences under clause 65 (7) of this Plan, and access licences that nominate a runoff harvesting work, notwithstanding all other rights and conditions, extraction of water from a river by an approved water supply work is permitted for no more than 8 hours per day, when the flow in the Never Never Creek at Promised Land Loop Road, immediately upstream of the Arthur Keogh Reserve is greater than 2 ML/day and less than or equal to 9 ML/day.

(4) Following the establishment or amendment of a flow class or flow classes within the Bellinger River Water Source, the Boggy Creek Water Source, the Coastal Bellinger Water Source, the Coastal Kalang Water Source, the Hydes Creek Water Source, the Kalang River Water Source, the Never Never Creek Water Source and the Spicketts Creek Water Source under clause 18 (2) of this Plan, the Minister may under section 45 (1) (b) of the Act, amend subclauses (1), (2) and (3) to identify, establish and maintain planned environmental water in the relevant water source.