WATER SHARING PLAN FOR THE GREATER METROPOLITAN REGION GROUNDWATER SOURCES 2011 - REG 54 General

WATER SHARING PLAN FOR THE GREATER METROPOLITAN REGION GROUNDWATER SOURCES 2011 - REG 54

54 General

(1) Water supply work approvals for water supply works in these groundwater sources must have mandatory conditions, where required, to give effect to the following:

(a) the water supply work must not be used to take water under an access licence unless in compliance with the relevant access rules for the taking of water as specified in Division 2 of Part 8 of this Plan,

(b) when directed by the Minister by notice in writing, the approval holder must have metering equipment installed that meets the following requirements:

(i) the metering equipment must accurately measure and record the flow of all water taken through the water supply work,

(ii) the metering equipment must comply with Australian Technical Specification ATS 4747, Meters for non-urban water supply , as may be updated or replaced from time to time,

(iii) the metering equipment must be operated and maintained in a proper and efficient manner at all times,

(iv) the metering equipment must be sited and installed at a place in the pipe, channel or conduit between the groundwater source and the first discharge outlet. There must be no flow of water out of the pipe, channel or conduit between the groundwater source and the metering equipment,

(v) any other requirements as to type, standard or other criteria for the metering equipment specified in the notice,

Note : The Minister may direct a landholder or person to install, replace or to properly maintain metering equipment under section 326 of the Act.

(c) the approval holder must ensure that if the water supply work is abandoned or replaced, it is decommissioned in compliance with the "minimum requirements for decommissioning bores" prescribed in the Minimum Construction Requirements for Water Bores in Australia, unless otherwise directed by the Minister in writing,

Note : Minimum Construction Requirements for Water Bores in Australia is defined in the Dictionary.

(d) within two months of the decommissioning of the water supply work, the approval holder must notify the Minister in writing that the water supply work has been decommissioned,

(e) the holder of the water supply work approval must notify the Minister, in writing, immediately upon becoming aware of a breach of any condition of the approval,

(f) any other conditions required to implement the provisions of this Plan.

(2) Water supply work approvals for water supply works in these groundwater sources, excluding a water supply work that is a metered water supply work with a data logger, must have mandatory conditions where required to give effect to the following:

(a) the holder of the water supply work approval must keep a Logbook,

(b) the holder of the water supply work approval must record the following in the Logbook:

(i) each date and period of time during which water was taken using the water supply work,

(ii) the volume of water taken on that date,

(iii) the number of the access licence under which water was taken on that date, or, if the water was taken under some other authority (such as basic landholder rights), the authority under which water was taken,

(iv) the purpose or purposes for which the water was taken on that date,

(v) details of any cropping carried out using the water taken through the water supply work including the type of crop, area cropped, and dates of planting and harvesting,

(vi) where metering equipment has been installed for use in connection with the water supply work, the meter reading before water is taken,

(vii) where metering equipment has not been installed for use in connection with the water supply work, details of all pumping activities for the water supply work including pump running hours, pump power usage or pump fuel usage, pump start and stop times, and pump capacity per unit of time,

(viii) any other information required to be recorded in the Logbook under the rules of this Plan,

(c) the holder of the water supply work approval must produce the Logbook to the Minister for inspection when requested,

(d) the holder of the water supply work approval must retain the information required to be recorded in the Logbook for five years from the date to which that information relates.

(3) The Minister may require the holder of a water supply work approval for a metered water supply work with a data logger to keep a Logbook in accordance with any requirements under subclause (2).

(4) All water supply work approvals must contain mandatory conditions to require that the water supply work must not be used to take water unless, before water is taken, the holder of the water supply work approval confirms that the relevant cease to take conditions do not apply. Where the holder is required to keep a Logbook, the holder must record that confirmation, and the means of confirmation (such as visual inspection or internet search), in the Logbook. In this paragraph
"cease to take conditions" means any condition on the water supply work approval or on the access licence under which water is proposed to be taken, that prohibits the taking of water in a particular circumstance.

(5) Water supply work approvals for water supply works in these groundwater sources must have mandatory conditions where required to give effect to the following:

(a) the rules for limiting the taking of water within restricted distances as specified in clause 44,

(b) the approval holder must ensure the water supply work is constructed so as to be:

(i) screened in the groundwater source specified in the share component of the access licence that nominates the work, and

(ii) sealed off from all other water sources,

(c) the construction of a new water supply work must:

(i) comply with the restricted distances specified in or specified by the Minister in accordance with clauses 39 to 42,

(ii) comply with the construction standards for that type of bore prescribed in the Minimum Construction Requirements for Water Bores in Australia,

(iii) be constructed appropriately so as to prevent contamination between aquifers,

(iv) be constructed to prevent the flow of saline water between aquifers as directed by the Minister in writing,

(d) the approval holder must ensure that if the water supply work is abandoned or replaced it is decommissioned in compliance with the "minimum requirements for decommissioning bores" prescribed in the Minimum Construction Requirements for Water Bores in Australia, unless otherwise directed by the Minister in writing,

(e) within two months of the decommissioning of the water supply work, the approval holder must notify the Minister in writing that the water supply work has been decommissioned,

(f) the approval holder must, within two months of completion of the construction of the water supply work, or within two months after the issue of the water supply work approval if the water supply work is existing, submit to the Department in a form approved by the Minister, the details of the water supply work,

(g) if, during the construction of the water supply work, contaminated water is encountered above the production aquifer, the approval holder must:

(i) notify the Minister in writing within 48 hours of becoming aware of the contaminated water, and

(ii) take all reasonable steps to minimise contamination and environmental harm, and

(iii) ensure that such water is sealed off by inserting casing to a depth sufficient to exclude the contaminated water from the water supply work and, if specified by the Minister, placing an impermeable seal between the casing and the walls of the water supply work from the bottom of the casing to ground level as specified by the Minister, and

(iv) if the Minister has specified any other requirements, comply with any requirements specified by the Minister in writing,

(h) when directed by the Minister by notice in writing, the approval holder must provide a report in the form specified in the notice detailing the quality of any water obtained using the water supply work,

(i) the water supply work approval will lapse if construction of the water supply work is not completed within three years of the issue of the water supply work approval.

(6) A water supply work approval granted in circumstances where clause 39 (2) (d) applies must have a mandatory condition where required to give effect to clause 39 (5).

(7) A water supply work approval for a replacement water supply work must have mandatory conditions where required to give effect to the requirements for a replacement groundwater work specified in or specified by the Minister in accordance with clause 38.

Note : Part 12 of this Plan allows for amendments to be made to this clause.