New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE DORRIGO PLATEAU SURFACE WATER SOURCE AND DORRIGO BASALT GROUNDWATER SOURCE 2003 - REG 59

59 Protection of groundwater dependent ecosystems

(1) Extraction of groundwater of greater than 20 ML/yr will not be permitted from a water supply work (bore) within 100 metres of a high priority groundwater dependent ecosystem.

(2) Extraction of groundwater greater than 20 ML/yr shall only be permitted from a water supply work (bore) 100 metres to 200 metres from a high priority groundwater dependent ecosystem, if there is no drawdown outside the natural variation at the margin of the groundwater dependent ecosystem.

(3) Extraction of groundwater of less than 20 ML/yr from a water supply work (bore) nominated by an access licence, and pursuant to basic landholder rights, will not be permitted within 40 m from high priority groundwater dependent ecosystems.

(4) Subclauses (1) to (3) do not apply to:

(a) extraction from an existing water supply work (bore),

(b) extraction from a new water supply work (bore) sealed off to the nearest impervious layer with an impermeable seal constructed within the bore as specified by the Minister, and

(c) extraction for monitoring of groundwater quantity, quality and levels.

(5) Extraction of groundwater from any water supply work (bore) is excluded within 40 metres of a river, unless:

(a) the extraction is from an existing water supply work (bore), or

(b) the extraction is for monitoring of groundwater quantity, quality and levels.

(6) High priority groundwater dependent ecosystems are listed in Schedule 8.

(7) Pursuant to section 45 (1) (b) of the Act, the Minister may identify further high priority groundwater dependent ecosystems and include them in Schedule 8 in year 6 of this Plan based on further studies of groundwater ecosystem dependency undertaken by the Minister.

(8) The Minister should consult with the Minister for the Environment before adding further high priority groundwater dependent ecosystems to Schedule 8.

(9) Extraction by an existing water supply work (bore) nominated by an access licence located within the exclusion zones as established in subclauses (1), (2), (3), and (5) cannot increase their access licence share component through a dealing unless the licence holder can demonstrate to the Minister there will be no impact on the high priority groundwater dependent ecosystems or any river.