New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE COOPERS CREEK WATER SOURCE 2003 - REG 77

77 Assessment of fish passage requirements

(1) The Minister may, under section 45 (1) (b) of the Act, and by notice published in the NSW Government Gazette, vary the Very Low Flow Class established in clause 17 (1) (a) (iv), 17 (2) (a) (iii) and consequently the bottom of A class established in clause 17 (1) (b) (iv) and 17 (2) (b) (iii), following an assessment of fish passage and habitat requirements.

(2) Any variation made under subclause (1) may result in the Very Low Flow Class at clause 17 (1) (a) (iv) and 17 (2) (a) (iii) and the bottom of A class established in clause 17 (1) (b) (iv) and 17 (2) (b) (iii) being varied to any level within the range of 20 ML/day and 31 ML/day.

(3) The fish passage assessment should assess whether the provisions in this Plan regarding fish passage flow requirements for the Eastern Freshwater Cod (Maccullochella ikei) have changed as a result of the removal or modification of artificial barriers in this water source, or a changed scientific understanding of the flow requirements.

(4) In undertaking the assessment, the Minister should:

(a) consult with the NSW Department of Environment and Climate Change and the NSW Department of Primary Industries, and

(b) prepare a report indicating:

(i) the results and conclusions in terms of the degree to which the fish passage flow requirements are met,

(ii) the flow levels recommended to meet the fish passage flow requirements, and

(iii) the socio-economic impacts of any recommended changes to the flow levels.