New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE CASTLEREAGH RIVER ABOVE BINNAWAY WATER SOURCE 2003 - REG 62

62 Very low flow access conditions

(1) Subject to clause 22 and subclause (2) (d) and notwithstanding clause 63 (c) (ii), access licences listed in Schedule 6 are allowed access to very low flows in Zone 3 until the completion of year 5 of this Plan.

(2) Access to very low flows identified in subclause (1) is subject to the following conditions:

(a) access to the very low flow class is permitted during years 1 to 5 of this Plan,

(b) no access to the very low flow class is permitted during years 6 to 10 of this Plan,

(c) the volume of water that may be extracted is limited to the TDEL specified in clauses 45 (1) (c) (i) and 46 (c) (iii) (1) for Zone 3, and

(d) if the access licence on Schedule 6 lapses, is cancelled or is assigned elsewhere, then it will be removed from the schedule.

(3) Notwithstanding any cease to pump conditions established on the licence, during periods of very low flows, holders of access licences listed on Schedule 7 may continue to access water to comply with the requirements of the Food Production (Safety) Act or the Prevention of Cruelty to Animals Act for the following purposes:

(a) fruit and vegetable washing,

(b) cleaning of dairy plant and equipment for the purpose of hygiene,

(c) poultry watering and misting, and

(d) cleaning of enclosures used for intensive animal production for the purposes of hygiene.

(4) The maximum daily volume that can extracted under subclause (3) will be the minimum required to satisfy the purposes in that subclause, will be individually assessed and specified on each access licence within 12 months of the commencement of this Plan, will not exceed 20 kilolitres per day, and will not be increased.

(5) Upon written request by the holder of an access licence, the Minister may add a licence to Schedule 7, but only if the licence meets the purpose requirements established in subclause (3), and the purpose existed prior to 1 July 2004.

(6) A licence will be removed from Schedule 7 if:

(a) any access licence dealing results in the water being extracted from a different location,

(b) an alternative water supply is obtained, that satisfies the requirements of subclause (3), or

(c) the licence is surrendered, cancelled, or not renewed.

(7) Notwithstanding subclauses (3) to (6), extraction of water by an approved water supply work is only permitted if there is visible flow in the river in the vicinity of the work.

(8) An assessment of the continuing requirements for access under subclauses (3) to (7) will be undertaken before the end of the Plan and Schedule 7 amended or deleted at the end of the Plan, if such a review determines that this concessional access is no longer required.

(9) The assessment made under subclause (8) will be undertaken for the Plan as a whole, and for each individual licence on the Schedule.