WATER SHARING PLAN FOR THE GREATER METROPOLITAN REGION GROUNDWATER SOURCES 2011 - REG 36 Access rules for the taking of water

WATER SHARING PLAN FOR THE GREATER METROPOLITAN REGION GROUNDWATER SOURCES 2011 - REG 36

36 Access rules for the taking of water

(1) The rules in this clause apply to the taking of water under an access licence from these groundwater sources, excluding an aquifer access licence that nominates an aquifer interference approval and an access licence for a project under Part 3A, or State significant infrastructure approved under Part 5.1, of the Environmental Planning and Assessment Act 1979 .

(2) The taking of water under an access licence from the Hawkesbury Alluvium Groundwater Source is subject to the following rules:

(a) from year seven of this Plan, the taking of water under an aquifer access licence which nominates a water supply work that is located at or less than 40 metres from the top of the high bank of a river is subject to the same access rules as those applying to the taking of water under an unregulated river access licence from the Upper Hawkesbury (Grose River to South Creek) Management Zone contained in clause 57 of the Water Sharing Plan for the Greater Metropolitan Region Unregulated River Water Sources 2011 ,

(b) from year seven of this Plan, the taking of water under an aquifer access licence which nominates a water supply work that is located more than 40 metres from the top of the high bank of a river is subject to the same access rules as those applying to the taking of water under an unregulated river access licence from the Upper Hawkesbury (Grose River to South Creek) Management Zone contained in clause 57 of the Water Sharing Plan for the Greater Metropolitan Region Unregulated River Water Sources 2011 , except that:

(i) those access rules will commence to apply to the taking of water under an access licence from the Hawkesbury Alluvium Groundwater Source 30 days after those access rules commence to apply to the taking of water under an unregulated river access licence from the Upper Hawkesbury (Grose River to South Creek) Management Zone, and

(ii) those access rules will cease to apply to the taking of water under an access licence from the Hawkesbury Alluvium Groundwater Source at the same time as those access rules cease to apply to the taking of water under an unregulated river access licence from the Upper Hawkesbury (Grose River to South Creek) Management Zone, and

(c) the taking of water under a major utility or local water utility access licence which nominates a new water supply work that is located at or less than 40 metres from the top of the high bank of a river is subject to the same access rules as those applying to the taking of water under an unregulated river access licence from the Upper Hawkesbury (Grose River to South Creek) Management Zone contained in clause 57 of the Water Sharing Plan for the Greater Metropolitan Region Unregulated River Water Sources 2011 .

(3) The taking of water under an access licence from these groundwater sources, excluding the Hawkesbury Alluvium Groundwater Source, is subject to the following rules:

(a) from year seven of this Plan, the taking of water under an aquifer access licence which nominates a water supply work that is located at or less than 40 metres from the top of the high bank of a river is subject to the same access rules as those applying to the taking of water from that river under an unregulated river access licence as contained in clause 57 of the Water Sharing Plan for the Greater Metropolitan Region Unregulated River Water Sources 2011 .

(b) the taking of water under a major utility or local water utility access licence which nominates a new water supply work that is located at or less than 40 metres from the top of the high bank of a river is subject to the same access rules as those applying to the taking of water under an unregulated river access licence from the Upper Hawkesbury (Grose River to South Creek) Management Zone contained in clause 57 of the Water Sharing Plan for the Greater Metropolitan Region Unregulated River Water Sources 2011 .

(4) Subclauses (2) and (3) do not apply:

(a) if the water supply work being used to take water from these groundwater sources is drilled into the underlying parent material, and the slotted intervals of the work commence deeper than 30 metres,

(b) if the Minister is satisfied that a hydrogeological study, submitted by the applicant and assessed as adequate by the Minister, demonstrates that the water supply work being used to take water from these groundwater sources will have no more than minimal impact on base flows in a river,

(c) to the taking of water under a local water utility or a major utility access licence to which clause 2 of Schedule 2 applies until such time as the Minister is satisfied that major augmentation of the access licence holder's water supply system has occurred and the access licence is removed from clause 2 of Schedule 2, or

(d) to the taking of water under an access licence to which clause 1 of Schedule 2 applies for any of the purposes listed below, provided that water taken does not exceed 20 kilolitres per day per access licence, or such lower amount specified on the access licence in accordance with subclause (6):

(a) fruit washing,

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

(c) poultry watering and misting, or

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

Note : Part 12 provides for amendments to be made to clause 2 of Schedule 2. If clause 2 of Schedule 2 is amended so that it no longer applies to an access licence, the exception above will no longer apply and the rules in subclause (2) and (3) will apply to the taking of water under the access licence.

(5) For the purpose of subclauses (2) and (3):

(a) an access rule contained in the Water Sharing Plan for the Greater Metropolitan Region Unregulated River Water Sources 2011 for the taking of water under an unregulated river access licence which requires a visible flow at the pump site is, in this Plan, taken to mean a visible flow in the river immediately adjacent to the water supply work being used to take water from these groundwater sources, and

(b) a reference to a water supply work is limited to a water supply work of a type that may be used to take water from these groundwater sources.

(6) The Minister may amend an access licence to reduce the maximum daily volume limit imposed by the rule under subclause (4) (d) if the Minister is satisfied that the reduced volume is satisfactory to meet the purpose referred to in subclause (4) (d).