New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE BELLINGER RIVER AREA UNREGULATED AND ALLUVIAL WATER SOURCES 2008 - REG 79

79 Mandatory conditions on water supply works approvals

(1) All approvals for water supply works, other than water supply works (bore), in these water sources shall have mandatory conditions to give effect to the following:

(a) when directed by the Minister, flow measurement devices shall be installed and maintained on all works used for extraction of water under a surface water access licence and shall be of a type and shall be maintained in a manner which is acceptable to the Minister,

(b) water extraction and property water management infrastructure and cropping details shall be provided to the Minister on request,

(c) the taking of water may only occur in accordance with the conditions applying to the access licence for whose water allocation account the taking of water will be debited,

(d) it is the responsibility of the work approval holder to ascertain the flow class at any time before commencing to take water under an access licence,

(e) for all water sources, notwithstanding all other rights and conditions, extraction of water from a river by an approved water supply work is permitted only where it complies with the flow conditions of the authorised water supply works or in the absence of such condition, if there is a visible flow in the river in the downstream vicinity of the water supply work or where water is being taken from a pool, a visible inflow and outflow to and from that pool,

(f) for the Bellinger River Water Source, the Hydes Creek Water Source and the Never Never Creek Water Source, extraction of water from a river by an approved water supply work is permitted only where it complies with clauses 21 (3) (c), 21 (3) (d), and 21 (3) (e) of this Plan respectively,

(g) extraction under an access licence through an approved work is only authorised with respect to the work nominated by the access licence,

(h) approvals for in-river dams must include a condition requiring the passing of such flows as the Minister determines to be appropriate to achieve the objectives of this Plan, and

(i) any other conditions required to implement the provisions of this Plan.