WATER SHARING PLAN FOR THE GREATER METROPOLITAN REGION GROUNDWATER SOURCES 2011 - REG 41 Rules for water supply works located near sensitive environmental areas

WATER SHARING PLAN FOR THE GREATER METROPOLITAN REGION GROUNDWATER SOURCES 2011 - REG 41

41 Rules for water supply works located near sensitive environmental areas

(1) A water supply work approval must not be granted or amended to authorise the construction of a water supply work which, in the Minister's opinion, is located:

(a) within 100 metres of a high priority groundwater dependent ecosystem listed in clause 1 of Schedule 4 in the case of a water supply work solely for basic landholder rights,

(b) within 200 metres of a high priority groundwater dependent ecosystem listed in clause 1 of Schedule 4 in the case of a water supply work not solely for basic landholder rights,

(c) at a distance specified by the Minister that is more than 200 metres from a high priority groundwater dependent ecosystem listed in clause 1 of Schedule 4, excluding a water supply work solely for basic landholder rights, if the Minister is satisfied that the water supply work is likely to cause drawdown at the perimeter of that groundwater dependent ecosystem,

(d) within 500 metres of a high priority karst environment groundwater dependent ecosystem listed in clause 2 of Schedule 4,

(e) at a distance specified by the Minister that is more than 500 metres from a high priority karst environment groundwater dependent ecosystem listed in clause 2 of Schedule 4, excluding a water supply work solely for basic landholder rights, if the Minister is satisfied that the water supply work is likely to cause drawdown at the perimeter of that high priority karst environment groundwater dependent ecosystem,

(f) within 40 metres of the top of the high bank of a lagoon or any third order or higher order stream,

(g) within 40 metres of a first or second order stream, unless:

(i) the water supply work is drilled into the underlying parent material and the slotted intervals of the work commence deeper than 30 metres, or

(ii) 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 will have no more than minimal impact on base flows in the river, or

(h) within 100 metres from the top of an escarpment.

(2) The distance restrictions specified in subclause (1) (a) and (b) do not apply to the grant or amendment of a water supply work approval if the Minister is satisfied that no more than minimal drawdown of water will occur at the perimeter of any groundwater dependent ecosystem listed in clause 1 of Schedule 4 of this Plan as a result of the grant or amendment of the water supply work approval.

(3) A water supply work approval granted or amended pursuant to subclause (2) must be subject to a requirement that, at any time when directed by the Minister by notice in writing, the approval holder must undertake all actions required by the Minister and specified in the notice, if the Minister is satisfied that the water supply work is causing drawdown of water at the perimeter of any groundwater dependent ecosystem listed in clause 1 of Schedule 4 of this Plan.

(4) The distance restrictions specified in subclauses (1) (a) and (1) (b) do not apply if the relevant high priority groundwater dependent ecosystem is a high priority endangered ecological vegetation community listed in Table E of clause 1 of Schedule 4 and it is located in one of the groundwater sources listed below, provided that the water supply work approval requires the water supply work to be constructed and maintained using an impermeable pressure cement seal from the surface of the land to a minimum depth of 30 metres:

(a) Coxs River Fractured Rock Groundwater Source,

(b) Goulburn Fractured Rock Groundwater Source,

(c) Sydney Basin Blue Mountains Groundwater Source,

(d) Sydney Basin Central Groundwater Source,

(e) Sydney Basin Coxs River Groundwater Source,

(f) Sydney Basin Nepean Groundwater Source,

(g) Sydney Basin North Groundwater Source,

(h) Sydney Basin Richmond Groundwater Source, and

(i) Sydney Basin South Groundwater Source.

(5) The distance restrictions specified in subclause (1) do not apply to the grant or amendment of a water supply work approval if the Minister is satisfied that:

(a) the water supply work is only for the purpose of monitoring, environmental management or remedial works,

(b) the water supply work replaces an existing water supply work that is part of a bore network for a major utility or local water utility for the purposes of town water supply,

(c) the water supply work is a replacement groundwater work,

(d) the location of the water supply work at a lesser distance would result in no greater impact on these groundwater sources and their groundwater dependent ecosystems.

(6) The Minister may request the applicant to undertake a hydrogeological study, submitted by the applicant and assessed as adequate by the Minister, to demonstrate that:

(a) for the purposes of subclause (2), no drawdown of water will occur at the perimeter of any groundwater dependent ecosystem listed in clause 1 of Schedule 4, or

(b) for the purposes of subclause (5) (d), the location of the water supply work at a lesser distance would result in no greater impact on these groundwater sources and any groundwater dependent ecosystems.

Note : Part 12 allows for amendments to be made to clause 41.