New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE COOPERS CREEK WATER SOURCE 2003 - REG 21

21 Planned environmental water

(1) Planned environmental water is identified and established in this water source as follows:

(a) in the first five years of this Plan:

(i) during the period 1 October to 30 June, when flows are less than or equal to 14 ML/day, then planned environmental water is the flow occurring in this water source minus 0.05 ML/day and minus the Very Low Flow Class access permitted under clause 63 of this Plan,

Note: 0.05 ML/day is the amount of water estimated at the commencement of this Plan for basic landholder rights in this water source.

(ii) during the period 1 July to 30 September, when flows are less than or equal to 14 ML/day, then planned environmental water is the flow occurring in this water source minus 0.05 ML/day and minus the Very Low Flow Class access permitted under clause 63 of this Plan,

Note: 0.05 ML/day is the amount of water estimated at the commencement of this Plan for basic landholder rights in this water source.

(iii) if A Class has been determined by the Minister in the Upper and Lower Coopers Creek Management Zones, then during the period 1 October to 30 June, when flows are greater than 14 ML/day and less than or equal to 36 ML/day, planned environmental water is the flow occurring in this water source minus 18.12 ML/day,

Note: 18.12 ML/day is the amount of water estimated at the commencement of this Plan for A Class total daily extraction limit in the Upper Coopers Creek and Lower Coopers Creek management zones and basic landholder rights in this water source.

(iv) if A Class has been determined by the Minister in the Lower Coopers Creek Management Zone, then during the period 1 July to 30 September, when flows are greater than 14 ML/day and less than or equal to 20 ML/day, planned environmental water is the flow occurring in this water source minus 16.58 ML/day,

Note: 16.58 ML/day is the amount of water estimated at the commencement of this Plan for A Class total daily extraction limit in the Lower Coopers Creek management zone and basic landholder rights in this water source.

(v) if A Class has been determined by the Minister in the Upper Coopers Creek Management Zone, then during the period 1 July to 30 September, when flows are greater than 20 ML/day and less than or equal to 36 ML/day, planned environmental water is the flow occurring in this water source minus 18.12 ML/day,

Note: 18.12 ML/day is the amount of water estimated at the commencement of this Plan for A Class total daily extraction limit in the Upper Coopers Creek and Lower Coopers Creek Management Zones and basic landholder rights in this water source.

(b) after the first five years of this Plan:

(i) during the period 1 October to 30 June, when flows are less than or equal to 17 ML/day, then planned environmental water is the flow occurring in this water source minus 0.05 ML/day and minus the Very Low Flow Class access permitted under clause 63 of this Plan,

Note: 0.05 ML/day is the amount of water estimated at the commencement of this Plan for basic landholder rights in this water source.

(ii) during the period 1 July to 30 September, when flows are less than or equal to 31 ML/day, then planned environmental water is the flow occurring in this water source minus 0.05 ML/day and minus the Very Low Flow Class access permitted under clause 63 of this Plan,

Note: 0.05 ML/day is the amount of water estimated at the commencement of this Plan for basic landholder rights in this water source.

(c) if B Class has been determined by the Minister, then planned environmental water is the flow occurring in this water source minus 58.12 ML/day,

Note: 58.12 ML/day is the amount of water estimated at the commencement of this Plan for B Class total daily extraction limit in the Upper Coopers Creek and Lower Coopers Creek Management Zones and basic landholder rights in this water source.

(d) if C Class has been determined by the Minister, then planned environmental water is the flow occurring in this water source minus 60.12 ML/day,

Note: 60.12 ML/day is the amount of water estimated at the commencement of this Plan for C Class total daily extraction limit in the Upper Coopers Creek and Lower Coopers Creek Management Zones and basic landholder rights in this water source.

(e) in the first five years of this Plan, planned environmental water is also the flow occurring in this water source in the 48 hour period after flows have risen from 14 ML/day to 31 ML/day minus basic landholder rights extractions and minus extractions by licence holders listed in Schedule 4,

(f) after the first five years of this Plan, planned environmental water is also the flow occurring in this water source in the 48 hour period after flows have risen from 17 ML/d to 31 ML/day minus basic landholder rights extractions and minus extractions by licence holders listed in Schedule 4.

(2) Planned environmental water is maintained as follows:

(a) in the Very Low Flow Class:

(i) the holders of access licences, excluding access licences listed in Schedule 4, are not permitted to take water,

(ii) access licence holders listed on Schedule 4 may take water in the Very Low Flow Class in accordance with clause 63, and

(iii) persons exercising native title and domestic and stock basic landholder rights may take water up to a combined total of 0.05 ML/day,

Note: The Minister may, by order made under section 323 of the Act, impose temporary water restrictions to direct that, for a specified period, the taking of water from this water source by persons exercising native title and domestic and stock basic landholder rights is totally prohibited or is restricted as specified in the order, when it is necessary to do so in the public interest (such as to cope with a water shortage or threat to public health or safety).

Note: The Minister may, by order made under section 328 of the Act, direct a landholder exercising domestic and stock basic landholder rights to take specified measures to protect the environment, to preserve basic landholder rights or to overcome a threat to public health.

(b) if A Class, B Class or C Class has been determined by the Minister, then:

(i) the holders of access licences have restricted access to water as specified in clause 46,

(ii) persons exercising native title and domestic and stock basic landholder rights may take water, and

(iii) if the water taken by persons exercising native title and domestic and stock basic landholder rights is assessed to be exceeding 0.05 ML/day in this flow class, the access to water for access licences will be reduced in accordance with clause 51, to maintain the planned environmental water in this flow class,

(c) limits are imposed on the availability of water, in accordance with clauses 36 and 38, to protect a proportion of natural river flows for fundamental ecological needs from increases in long-term water extraction,

Note: These rules protect water for the environment by limiting both the water extracted over the long term and the rate of extraction of water in different flow ranges, thereby achieving the objectives of this Plan.

(d) in the first five years of this Plan, during the 48 hour period after flows have risen from 14 ML/day to 31 ML/day, the holders of access licences, excluding access licences listed in Schedule 4, are not permitted to take water, and

(e) after the first five years of this Plan, during the 48 hour period after flows have risen from 17 ML/day to 31 ML/day, the holders of access licences, excluding access licences listed in Schedule 4, are not permitted to take water.

Note: These rules protect the water for the environment by limiting both the water extracted over the long-term, and the rate of extraction of water in different flow ranges, thereby achieving the objectives of this Plan.

Note: This Plan recognises that the planned environmental water provisions provide non-extractive benefits, including traditional Aboriginal spiritual, social and cultural benefits, and a contribution to improved water quality.