WATER SHARING PLAN FOR THE GREATER METROPOLITAN REGION UNREGULATED RIVER WATER SOURCES 2011 - REG 57 Access rules for the taking of surface water

WATER SHARING PLAN FOR THE GREATER METROPOLITAN REGION UNREGULATED RIVER WATER SOURCES 2011 - REG 57

57 Access rules for the taking of surface water

(1) Subject to subclause (19), water must not be taken under an access licence with a share component that specifies a water source or an extraction component that specifies a management zone with a Very Low Flow Class that has commenced, when flows in that water source or management zone are in the Very Low Flow Class. This subclause does not apply to the following:

(a) the taking of water under an access licence to which subclause (5) applies,

(b) the taking of water under an access licence held by Penrith Lakes Development Corporation as of the date of the commencement of this Plan which has an extraction component that specifies the Lower Nepean River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source,

(c) the taking of water under an access licence with an extraction component that specifies the Upper Hawkesbury River (Grose River to South Creek) Management Zone, the Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone or the Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source when:

(i) flows in that management zone are in the Very Low Flow Class and have been for X consecutive days prior, where X is the number of days specified in Column 1 of Table E for the month specified in Column 2 of Table E, and

(ii) the Bureau of Meteorology 4 pm or later forecast for Richmond for the following day is Y, where Y is the atmospheric temperature in degrees Celsius specified in Column 3 of Table E,

for the following 3 consecutive days only, or

(d) the taking of water under an access licence with an extraction component that specifies the Menangle Weir Management Zone, the Camden Weir Management Zone, the Sharpes Weir Management Zone, the Cobbity Weir Management Zone, the Mount Hunter Rivulet Weir Management Zone, the Brownlow Hill Weir Management Zone, the Theresa Park Weir Management Zone or the Wallacia Weir Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source when:

(i) flows in that management zone are in the Very Low Flow Class and have been for X consecutive days prior (where X is the number of days specified in Column 1 of Table E for the month specified in Column 2 of Table E), and

(ii) the Bureau of Meteorology 4 pm or later forecast for Campbelltown for the following day is Y, where Y is the temperature in degrees Celsius specified in Column 3 of Table E,

for the following 3 consecutive days only,

(e) by the end of Year 5 of this Plan, the Minister is to conduct a review, in consultation with the Department of Primary Industries and the Office of Environment and Heritage, of the access rules specified in paragraphs (c) and (d) and subclauses (2) and (3).

Table E--Flow class and climatic conditions

Column 1	Column 2	Column 3
Number of consecutive days of flows in the Very Low Flow Class	Month	Temperature (degrees Celsius)
0	January-December	Less than 4
14	May-August	4 or more and less than 23
9	September-April	4 or more and less than 23
4	January-December	23 or more and less than 28
1	January-December	28 or more and less than 31
0	January-December	31 or more

(2) The following rules apply only to the taking of water under an access licence to which subclause (1) (c) applies:

(a) water taken under subclause (1) (c) must not exceed any individual daily extraction limit for that access licence imposed under clause 60, and

(b) following a period of access under subclause (1) (c), for the first X number of days that flows in the respective management zone are in A Class, water taken must not exceed any individual daily extraction limit for that access licence imposed under clause 60. For the purpose of this paragraph, X is equal to the number of days that water was taken under subclause (1) (c).

(3) Water taken under subclause (1) (d) must not exceed any individual daily extraction limit for that access licence imposed under clause 60.

(3A) This clause applies to the taking of water under an access licence from these water sources, excluding the taking of water under an access licence used:

(a) in association with an aquifer interference activity that is an approved EP&A Act development when:

(i) in the Minister's opinion, there are no reasonably practicable measures the access licence holder can take to comply with the access rules under this clause, and

(ii) the access licence holder has a water management plan for the aquifer interference activity that has been approved in accordance with the development consent for the activity under the Environmental Planning and Assessment Act 1979 , and

(iii) the water management plan includes conditions that require the return of water to the water source to mitigate the taking of water during times when the access rules apply under this clause, or

(b) in association with an aquifer interference activity when:

(i) in the Minister's opinion, there are no reasonably practicable measures the access licence holder can take to comply with the access rules under this clause, and

(ii) the access licence holder has a water management plan for the aquifer interference activity that has been approved by the Minister, and

(iii) the water management plan includes conditions that require the return of water to the water source to mitigate the taking of water during times when the access rules apply under this clause.

Note :
"Approved EP&A Act development" is defined in the Dictionary.

(4) Water must not be taken under an access licence held by Penrith Lakes Development Corporation as of the date of commencement of this Plan which has an extraction component that specifies the Lower Nepean River Management Zone when the flow of water in the Nepean River at the Yarramundi gauge (2122001) is 500 ML/day or less on a rising river or 350 ML/day or less on a falling river.

Note : 500 ML/day corresponds to the estimated 36 th percentile flow, and 350 ML/day corresponds to the estimated 50 th percentile flow.

(5) Subject to subclause (19), water must not be taken under an access licence where the cease to pump threshold on the entitlement issued under Part 2 of the Water Act 1912 that the access licence replaces is, in the Minister's opinion, higher than the upper limit of the relevant Very Low Flow Class (as specified in Column 5 of Table C) or the environmental flow protection rule specified in subclause (12), when flows are at or less than the cease to pump threshold that was specified on the replaced Water Act 1912 entitlement. In this subclause,
"cease to pump threshold" means a condition or restriction on the replaced entitlement which places a limit on when water may be taken. This subclause does not apply to access licences with extraction components that specify the following management zones:

(a) Yarrunga Creek Management Zone in the Shoalhaven River Water Source,

(b) Maldon Weir Management Zone, Pheasants Nest Weir to Nepean Dam Management Zone, Lower Cataract River Management Zone, Mid Cataract River Management Zone, Avon River Management Zone and the Cordeaux River Management Zone in the Upper Nepean and Upstream Warragamba Water Source,

(c) Menangle Management Zone, Camden Weir Management Zone, Sharpes Weir Management Zone, Cobbity Weir Management Zone, Mount Hunter Rivulet Weir Management Zone, Brownlow Hill Weir Management Zone, Theresa Park Weir Management Zone, Wallacia Weir Management Zone, Lower Nepean River Management Zone, Upper Hawkesbury River (Grose River to South Creek) Management Zone, Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone, Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone and the Lower Hawkesbury River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source, and

(d) Lower Woronora River Management Zone in the Southern Sydney Rivers Water Source, and

(e) Kangaroo River Management Zone in the Shoalhaven River Water Source.

Notes :

1 Those licences and access rules that have been identified as being higher than the upper limit of the relevant Very Low Flow Class are referred to in Appendix 4.

2
"Water Act 1912 entitlement" is defined in the Dictionary.

(5A) The cease to take condition that arises from subclause (5) applies to all water supply works that are nominated by the access licence following a dealing under section 71S or 71W of the Act.

Notes :

1 This will include, for example, all water supply works that are nominated by the access licence following a dealing under section 71S or 71W of the Act.

2
"Cease to take condition" is defined in the Dictionary.

(6) Water must not be taken from the Coxs River under a major utility (subcategory "Power generation") access licence held by Delta Electricity with an extraction component that specifies the Wywandy Management Zone in the Upper Nepean and Upstream Warragamba Water Source unless Delta Electricity has first used all available mine water from its storages.

Note : This rule requires Delta Electricity to use all available mine water from its storages supplied by Springvale mines so as to provide a neutral or beneficial environmental impact to the Coxs River.

(7) Subject to subclause (8), the volume of water taken under a major utility (subcategory "Power generation") access licence held by Delta Electricity with an extraction component that specifies the Wywandy Management Zone in the Upper Nepean and Upstream Warragamba Water Source must not exceed 23,000 ML/year for that water year.

(8) If in any water year Delta Electricity's volume of water available from the Fish River Water Supply is reduced by 30% or more relative to their full share, the volume of water taken under a major utility (subcategory "Power generation") access licence held by Delta Electricity with an extraction component that specifies the Wywandy Management Zone in the Upper Nepean and Upstream Warragamba Water Source must not exceed 25,000 ML for that water year.

(9) Water must not be taken under a major utility (subcategory "Urban water") access licence held by Sydney Water Corporation with an extraction component that specifies the Upper Hawkesbury River (Grose River to South Creek) Management Zone when flows in the Lower Nepean River Management Zone are in the Very Low Flow Class.

(10) When flows in the Lower Nepean River Management Zone are in A Class, water must not be taken under a major utility (subcategory "Urban water") access licence held by Sydney Water Corporation with an extraction component that specifies the Upper Hawkesbury River (Grose River to South Creek) Management Zone at a rate that exceeds 55 ML/day.

(11) Water must not be taken under an unregulated river (subcategory "Aboriginal community development") access licence, an unregulated river (subcategory "Aboriginal cultural") in the Dharabuladh Management Zone of the Upper Nepean and Upstream Warragamba Water Source or an unregulated river (high flow) access licence when flows are in the Very Low Flow Class or A Class.

(12) Subject to subclause (19), water must not be taken under an access licence if there is no visible flow in the water source at the location at which water is proposed to be taken. This environmental flow protection rule does not apply to:

(a) the taking of water from natural pools, lagoons and lakes to which subclause (16) applies,

(b) the taking of water from Maldon Weir, Douglas Park Weir, Menangle Weir, Camden Weir, Sharpes Weir, Cobbity Weir, Mount Hunter Rivulet Weir, Brownlow Hill Weir, Theresa Park Weir and Wallacia Weir, or

(c) an access licence to which subclause (5) applies.

(13) Water must not be taken under an access licence from:

(a) an in-river dam pool, or

(b) a runoff harvesting dam pool,

created by a structure authorised by a water supply work approval, when flows or storage levels in that pool are at or less than a cease to take condition that was specified on the Water Act 1912 entitlement that the access licence replaces.

Note :
"In-river dam pool" is defined in the Dictionary.

(14) Water must not be taken from an in-river dam pool unless the in-river dam is:

(a) constructed, operated and maintained in accordance with any conditions specified on the water supply work approval for the in-river dam, and

(b) passing such flows in such circumstances as are specified on the water supply work approval for the in-river dam.

Note :
"In-river dam" is defined in the Dictionary.

(15) Subject to subclause (19), if flows have not exceeded the upper limit of the Very Low Flow Class for a period of 24 or more consecutive hours, then water must not be taken under an access licence with a share component or extraction component that specifies one of the following water sources or management zones for a period of 24 hours after flows next exceed the upper limit of the Very Low Flow Class:

(a) one of the following management zones in the Shoalhaven River Water Source:

(i) the Boro Creek Management Zone,

(ii) the Bungonia Creek Management Zone, and

(iii) the Broughton Mill Creek Management Zone,

(b) the Minnamurra River Management Zone in the Illawarra Rivers Water Source,

(c) one of the following management zones in the Upper Nepean and Upstream Warragamba Water Source:

(i) the Mulwaree River Management Zone,

(ii) the Upper Wollondilly River Management Zone,

(iii) the Upper Wingecarribee River Management Zone,

(iv) the Nattai River Management Zone,

(v) the Little River Management Zone,

(vi) the Werriberri Creek Management Zone, and

(vii) the Maguires Crossing Management Zone,

(d) one of the following management zones in the Hawkesbury and Lower Nepean Rivers Water Source:

(i) the Colo River Management Zone,

(ii) the Capertee River Management Zone,

(iii) the Macdonald River Management Zone,

(iv) the Upper South Creek Management Zone, and

(v) the Cattai Creek Management Zone,

(e) one of the following management zones in the Southern Sydney Rivers Water Source:

(i) the Lower Woronora River Management Zone,

(ii) the Lower Georges River and Bunbury Curran Creek Management Zone,

(iii) the Cabramatta Creek Management Zone, and

(iv) the Prospect Creek Management Zone, and

(f) the Upper Parramatta River Management Zone in the Northern Sydney Rivers Water Source.

(16) Subject to subclause (19), water must not be taken under an access licence which nominates a water supply work approval that may be used to take water from natural pools, lagoons or lakes in water sources or management zones in which flow classes have not been established, when the water level in that pool, lagoon or lake is less than 100% of the full containment volume of the respective pool, lagoon or lake as determined by the Minister. This subclause does not apply to off-river pools in the Kangaroo River Management Zone.

Note :
"Full containment volume" and
"off-river pool" are defined in the Dictionary.

(16A) Subject to subclause (19), water must not be taken under an access licence with a share component that nominates the Kangaroo River Management Zone from an off-river pool when the volume of that pool is less than the full containment volume of the pool.

(17) Subject to subclause (19), water must not be taken under an access licence specified in Schedule 3 when flows are at or less than the cease to pump threshold that was specified on the entitlement issued under Part 2 of the Water Act 1912 that the access licence replaces. In this subclause,
"cease to pump threshold" means a condition or restriction on the Water Act 1912 entitlement which places a limit on when water may be taken. Subclauses (1)-(3), (5), (12), (15), (16) and (18) do not apply to access licences to which this subclause applies.

(18) Subject to subclause (19), water must not be taken under an access licence with an extraction component that specifies the Upper Wollondilly River Management Zone in the Upper Nepean and Upstream Warragamba Water Source when water is being transferred between Pejar Dam and Rossi Weir for Goulburn Mulwaree Council town water supply.

(19) Subclauses (1), (5), (12) and (15)-(18) do not apply to the following:

(a) the taking of water under an access licence to which clause 1 of Schedule 2 applies or an access licence which replaces a Water Act 1912 entitlement 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 (20):

(i) fruit washing,

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

(iii) poultry watering and misting, or

(iv) cleaning of enclosures used for intensive animal production for hygiene purposes,

(b) the taking of water for domestic consumption only under a domestic and stock access licence or a domestic and stock (subcategory "domestic") access licence that existed at the commencement of this Plan excluding an access licence with an extraction component that specifies the Kangaroo River Management Zone in the Shoalhaven River Water Source, provided that the volume of water taken does not exceed 1 kilolitre per house supplied by the access licence per day,

(b1) the taking of water for domestic consumption only under a domestic and stock access licence or a domestic and stock (subcategory "domestic") access licence:

(i) that existed at the commencement of the Water Sharing Plan for the Kangaroo River Water Source 2003 , and

(ii) with an extraction component that specifies the Kangaroo River Management Zone in the Shoalhaven River Water Source,

provided that the volume of water taken does not exceed 1 kilolitre per house supplied by the access licence per day,

Note : The Water Sharing Plan for the Kangaroo River Water Source 2003 commenced on 1 July 2004.

(c) the taking of water for stock watering only under a domestic and stock access licence or a domestic and stock (subcategory "stock") access licence that existed at the commencement of this Plan, for the first 3 years of this Plan, provided the volume of water taken does not exceed 14 litres per hectare of grazeable area per day. This paragraph does not apply to access licences with an extraction component that specifies the Kangaroo River Management Zone,

Note :
"Grazeable area" is defined in the Dictionary.

(d) the taking of water using a runoff harvesting dam or from an in-river dam pool excluding the taking of water from Maldon Weir, Douglas Park Weir, Menangle Weir, Camden Weir, Sharpes Weir, Cobbity Weir, Mount Hunter Rivulet Weir, Brownlow Hill Weir, Theresa Park Weir and Wallacia Weir,

(e) the taking of water under a local water utility access licence, a major utility access licence or an unregulated river (subcategory "Town water supply") access licence to which clause 2 of Schedule 2 applies,

(f) from years 1 to 5 of this Plan, the taking of water under an access licence with an extraction component that specifies the Lower Nepean River Management Zone, the Upper Hawkesbury River (Grose River to South Creek) Management Zone, the Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone or the Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source for the following purposes only:

(i) to water new plantings of crops for a period of up to 30 days after planting provided that the volume of water taken does not exceed 15 kL/ha of those plantings per day,

(ii) herbicide application to turf provided that the herbicide application to turf is required under contract and provided that the volume of water taken does not exceed the minimum volume specified in the herbicide product guideline,

(iii) vegetable and turf washing and misting provided that the volume of water taken does not exceed 20 kL/day per access licence, and

(iv) to water turf during the 5-day period prior to harvest provided that the harvest date is required under contract and for wetting the cutting face of turf provided that the volume of water taken does not exceed 15kL/ha of that turf per day.

(20) The Minister may reduce the maximum daily volume limit imposed by the rule under subclause (19) (a) if the Minister is satisfied that the reduced volume is satisfactory to meet the purpose referred to in that subclause.

Note : The method by which the Minister can reduce the maximum daily volume limit is by amending the mandatory conditions of the relevant water supply work approval. Under section 102 (3) of the Act, the mandatory conditions of an approval may be imposed, amended, revoked or suspended by the Minister whenever it is necessary to do so in order to enable compliance with or to give effect to a relevant management plan.

(21) The Minister is to complete a review of the volume of water required under subclause (19) (f) by the end of Year 5 of this Plan. From Year 6 of this Plan, the access to water provided by subclause (19) (f) will be removed if hydrologic modelling and analysis shows that the access is not necessary for the ongoing viability of the irrigation industries in the Hawkesbury and Lower Nepean Rivers Water Source.

Note : Part 13 of this Plan allows for amendments to be made to this clause.