New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE BELLINGER RIVER AREA UNREGULATED AND ALLUVIAL WATER SOURCES 2008 - REG 5

5 Waters to which this Plan applies

(1) These water sources in respect of which this Plan is made, and shown on the registered plan called The Bellinger River Area Unregulated and Alluvial Water Sources (Plan No WSP 0002) held in the Department of Water and Energy’s Head Office, are:

(a) Bellinger River Water Source,

(b) Boggy Creek Water Source,

(c) Coastal Bellinger Water Source,

Note: This water source excludes alluvial groundwater downstream of the tidal limits.

(d) Coastal Kalang Water Source,

Note: This water source excludes alluvial groundwater downstream of the tidal limits.

(e) Dalhousie Creek Water Source,

(f) Hydes Creek Water Source,

Note: This water source excludes alluvial groundwater downstream of the tidal limits.

(g) Kalang River Water Source,

Note: This water source excludes alluvial groundwater downstream of the tidal limits.

(h) Never Never Creek Water Source,

(i) Rosewood Creek Water Source,

(j) Spicketts Creek Water Source, and

(k) Thora-North Arm Bellinger River Water Source.

Note: An overview of these water sources is shown in Appendix 1. Registered plans referred to in this Plan may be inspected at offices listed in Appendix 2.

(2) The Thora-North Arm Bellinger River Water Source is divided into the following management zones and shown on the registered plan called The Bellinger River Area Unregulated and Alluvial Water Sources (Plan No WSP 0002) held in the Department of Water and Energy’s Head Office:

(a) Upper Thora-North Arm Bellinger River Management Zone, and

(b) Lower Thora-North Arm Bellinger River Management Zone.

(3) The Bellinger River, Hydes Creek, Kalang River, Coastal Bellinger and Coastal Kalang Water Sources are divided into the following management zones:

(a) Non Tidal Management Zone, and

(b) Tidal Pool Management Zone.

(4) The Minister may under section 45 (1) (b) of the Act amend subclauses (1), (2) and (3) to amend an existing water source or management zone, or establish a new or additional management zones.

(5) Following an amendment to or the establishment of a water source, management zone or management zones under subclause (4) the registered plan called The Bellinger River Area Unregulated and Alluvial Water Sources (Plan No WSP 0002) held in the Department of Water and Energy’s Head Office may be amended.

(6) The waters of these water sources include:

(a) all water occurring on the land surface shown on the registered plan called The Bellinger River Area Unregulated and Alluvial Water Sources (Plan No WSP 0002) held in the Department of Water and Energy’s Head Office, including but not limited to all rivers, lakes and wetlands in these water sources, and

(b) all groundwater within all alluvial sediments below the surface of the land on the registered plan called The Bellinger River Area Unregulated and Alluvial Water Sources (Plan No WSP 0002) held in the Department’s Head Office, excluding:

(i) any alluvial sediments downstream of the tidal limit, excluding the Bellinger River within the Bellinger River Water Source,

Note: This exclusion applies to part of the Hydes Creek, Kalang River, Coastal Bellinger and Coastal Kalang Water Sources.

(ii) any groundwaters contained in the coastal sands, and

(iii) any groundwater contained in fractured rock aquifers and basement rocks in the area to which this Plan applies.

Note: Alluvial groundwater and surface water in water sources with highly connected surface and groundwaters are treated as a single ‘resource’ within this Plan. Therefore, traditional management of groundwater via sustainable yield and extraction limits is not used within these water sources. Instead, management of surface and groundwater may be linked to surface water flow or groundwater levels. Note however, that this only applies to ‘highly’ connected alluvial groundwater. Alluvial groundwater that is not contained in the specified water sources is addressed under the Coastal Alluvial Groundwater Sharing Plan (currently under development).