New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE BELLINGER RIVER AREA UNREGULATED AND ALLUVIAL WATER SOURCES 2008 - REG 39

39 Rules for granting or amending water supply works (bore) approvals

(1) This clause is made in accordance with sections 21 (c) and 21 (e) of the Act, to minimise extraction interference between neighbouring bores and to ensure minimal harm to groundwater and their dependent ecosystems.

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

(2) To minimise interference between authorised extraction in these water sources, the Minister shall not grant an approval under section 95 of the Act, amend an approval under section 107 of the Act, or consent to a nomination of a work under section 71W of the Act, where a water supply work (bore) is proposed to be located within:

(a) 200 metres of an approved water supply work (bore) nominated by another access licence,

(b) 200 metres of an approved water supply work (bore) from which basic landholder rights water is being extracted,

(c) 100 metres from the property boundary, unless negotiated with a neighbour for a lesser distance,

(d) 500 metres from an approved water supply works (bore) from local water utility/major utility, and

(e) 100 metres from a Department’s observation or monitoring bore, unless negotiated with the Department of Water and Energy for a lesser distance.

Note: The distance conditions in this clause apply to new or amended approvals. That is, when the applicant wants to construct a new water supply work (bore), and add it to an existing approval. The distance conditions also apply when the licence holder wants to nominate new or different works on the licence.

(3) The distance restrictions specified in subclause (2) does not apply where:

(a) the application relates to a work solely for the purpose of exercising basic landholder rights, or

(b) the application is for a replacement bore.

(4) The distance restrictions specified in subclause (2) may be amended by the Minister if:

(a) a hydrogeological study undertaken by the applicant, and assessed as adequate by the Minister, demonstrates minimal potential for adverse impacts on existing authorised extraction,

(b) all potentially affected access licence or approval holders have been notified by the proponent, and

Note: Potentially affected access licence holders are typically neighbouring access licence or approval holders and those in the near vicinity.

(c) there is a process for remediation in the event that any adverse impact occurs in the future, specified as conditions on the access licence.

(5) Pursuant to section 45 (1) (b) of the Act, the Minister may add to or vary the distance restriction in subclause (2) to minimise the interference between authorised extraction after year 5 of this Plan or if the Minister identifies the need for further restrictions in a local impact area established under Division 4 Part 11 of this Plan.

(6) The Minister shall not grant an approval under section 95 of the Act, amend an approval under section 107 of the Act, or consent to a nomination of a work under section 71W of the Act, where a water supply work (bore) is proposed to be located within:

(a) 100 metres of a contamination source as listed in Schedule 4, unless the proponent can demonstrate to the Minister’s satisfaction that a lesser distance will result in no more than minimal harm to the water source, and that extraction will not impact on the environment or cause a threat to public health as advised by the Minister for Health, or

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

(7) Extraction of groundwater from a new water supply work (bore) for any purpose between 100 metres and 500 metres of a contamination source as listed in Schedule 4, will require:

(a) an application to the Minister by the licence holder providing evidence that no drawdown of the groundwater within 100 metres of a contamination source will occur,

(b) the Minister to assess the application as adequate, and

(c) the Minister to approve the application.

(8) Subclauses (6) and (7) may be applied by the Minister in relation to contamination sources not on Schedule 4, based on the results of a site inspection or other relevant information provided to the Minister.

(9) Pursuant to section 45 (1) (b) of the Act, the Minister may vary Schedule 4 by inclusion or deletion of a contamination source based on the results of a site inspection or other relevant information provided to the Minister on that contamination source.

(10) Unless the application is for a replacement water supply work (bore) that is part of a bore network for a local water utility or town water supply, the Minister shall not grant a new approval under section 95, or an amended approval under section 107, or consent to a nominated work under section 71W in these water sources, if it would result in a water supply work (bore) being authorised to extract water:

(a) for basic landholders rights only, within 100 metres of a high priority groundwater dependent ecosystems, excluding high priority karst environment groundwater dependent ecosystems, listed in and shown on the maps in Schedule 5, or

(b) from an access licence, within 200 metres of a high priority groundwater dependent ecosystems, excluding high priority karst environment groundwater dependent ecosystems, listed in and shown on the maps in Schedule 5, or

(c) within 500 metres of a high priority karst environment groundwater dependent ecosystems, listed in and shown on the maps in Schedule 5, or

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

(e) within 40 metres of first and second order stream, unless the water supply work (bore) is drilled into the underlying parent material, and the slotted intervals of the works commences deeper than 30 metres.

Note: Subclause (10) will not apply to current authorised extraction from an existing water supply work (bore) at current or equal share component.

(11) The distance restrictions specified in subclauses (10) (a) and (10) (b) may be amended by the Minister if:

(a) a hydrogeological study undertaken by the applicant, and assessed as adequate by the Minister, and

(b) an application to the Minister by the licence holder providing evidence that no drawdown of the groundwater at the outside edge of the perimeter of the groundwater dependent ecosystem in Schedule 5.

(12) The restrictions specified in subclause (10) (e) on the drilling into the underlying parent material and the depth of slotted intervals may be amended by the Minister if the applicant can demonstrate, to the satisfaction of the Minister, that the water supply work (bore) will have minimal impact on base flows in the stream.

(13) Subclause 10 (d) and 10 (e) does not apply to a new water supply works (bore) required as part of a dealing involving the conversion of an unregulated river access licence to an aquifer access licence under section 71O of the Act and clause 74 of this Plan.

(14) Pursuant to section 45 (1) (b) of the Act, the Minister may amend the exclusion distances in subclauses (10) based on the outcomes of further studies of groundwater ecosystem dependency undertaken or assessed by the Minister.

(15) Pursuant to section 45 (1) (b) of the Act, the Minister may identify further high priority groundwater dependent ecosystems and include them in Schedule 5 after year 5 of the Plan, based on further studies of groundwater ecosystem dependency undertaken or assessed by the Minister.

(16) Pursuant to section 45 (1) (b) of the Act, the Minister may identify that a high priority groundwater dependent ecosystem in Schedule 5 does not have groundwater dependency and delete it from Schedule 5, based on further studies of groundwater ecosystem dependency undertaken by the Minister.

(17) The distance restrictions specified in subclauses (2), (6), (7) and (10) does not apply to:

(a) water supply works (bore) used for monitoring or environmental management purposes, or

(b) water supply works (bore) specifically for remedial works and is nominated by an aquifer (interference) access licence for the remedial works.