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WATER SHARING PLAN FOR THE GREATER METROPOLITAN REGION UNREGULATED RIVER WATER SOURCES 2011 - REG 62 Granting or amending water supply work approvals

WATER SHARING PLAN FOR THE GREATER METROPOLITAN REGION UNREGULATED RIVER WATER SOURCES 2011 - REG 62

Granting or amending water supply work approvals

62 Granting or amending water supply work approvals

(1) If the sum of the share components of access licences nominating a water supply work that is a runoff harvesting dam or an in-river dam is reduced via:
(a) a dealing,
(b) the surrender under section 77 of the Act of an access licence and then the subsequent cancellation of that access licence under section 77A (6) of the Act,
(c) the amendment of the share component of the access licence by the Minister under section 68A of the Act, or
(d) the cancellation of an access licence under section 78 of the Act or via the compulsory acquisition of an access licence under section 79 of the Act,
the Minister may require the modification of the dam to ensure that the capability of the dam to capture water is reduced to reflect that reduction in share component.
Notes :
1 The Minister can require the modification of the dam 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.
2
"Runoff harvesting dam" is defined in the Dictionary.
(2) A water supply work approval must not be granted or amended to authorise a water supply work located in:
(a) the following hydrological catchments in the Reedy Creek Management Zone in the Shoalhaven River Water Source:
(i) the hydrological catchment of the Sandhills Creek at or above the confluence with Mulloon Creek, or
(ii) the hydrological catchment of Mulloon Creek, excluding Mulloon Creek, at or above the confluence with Sandhills Creek,
(b) the following hydrological catchments in the Upper Nepean and Upstream Warragamba Water Source:
(i) the hydrological catchment of the Jenolan River at or above the Pheasants Nest Creek confluence in the Jenolan River Management Zone,
(ii) the hydrological catchment of Mares Forest Creek at or above the confluence of Guineacor Creek in the Lower Wollondilly River Management Zone, or
(iii) the hydrological catchment of the Kowmung River including Tuglow Hole Creek at or above the confluence of Tuglow Hole Creek in the Kowmung River Management Zone,
(c) the hydrological catchment of the Crown Creek at or above 231306 Easting and 6324000 Northing in the Colo River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source, or
(d) the hydrological catchment of the Wingecarribee River at or below 241565 Easting and 6191498 Northing in the Lower Wingecarribee River Management Zone in the Upper Nepean and Upstream Warragamba Water Source.
(3) Subject to subclause (4), a water supply work approval must not be granted or amended to authorise a water supply work to take water from a lagoon located in any of the following management zones:
(a) Upper Hawkesbury River (Grose River to South Creek) Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source,
(b) Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source,
(c) Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source,
(d) Lower Hawkesbury River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source,
(e) Lower Nepean River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source, or
(f) Mid Nepean River Catchment Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source.
(4) Subclause (3) does not apply to the grant or amendment of a water supply work approval for a replacement water supply work to take water from a lagoon located in a management zone specified in subclause (3). For the purposes of this subclause, a
"replacement water supply work" means a water supply work that replaces an existing water supply work constructed and used for the purpose of taking water from a lagoon located in a management zone specified in subclause (3) where:
(a) the existing water supply work is authorised by a water supply work approval under the Act, and
(b) the replacement water supply work is to be constructed to extract water from the same management zone as the existing water supply work.
(5) A water supply work approval must not be granted or amended to authorise a new in-river dam, except for a new in-river dam that will be nominated by a local water utility access licence or major utility (subcategory "Urban water") access licence in:
(a) the following management zones in the Shoalhaven River Water Source:
(i) Broughton Creek Management Zone,
(ii) Broughton Mill Creek Management Zone,
(iii) Jaspers Brush Creek and Tributaries Management Zone,
(iv) Lower Shoalhaven River Catchment Management Zone,
(v) Lower Shoalhaven River Management Zone,
(vi) Lower Kangaroo River Management Zone,
(vii) Nerrimunga Creek Management Zone,
(viii) Fitzroy Falls Management Zone,
(ix) Yarrunga Creek Management Zone,
(x) Shoalhaven River Gorge Management Zone,
(xi) Mongarlowe River Management Zone,
(xii) Boro Creek Management Zone,
(xiii) Reedy Creek Management Zone, and
(xiv) Mid Shoalhaven River Management Zone, and
(xv) Kangaroo River Management Zone,
(b) the following management zones in the Illawarra Rivers Water Source:
(i) Minnamurra Coastal Management Zone,
(ii) Minnamurra River Management Zone,
(iii) Macquarie Rivulet Management Zone, and
(iv) Lake Illawarra Management Zone,
(c) the following management zones in the Upper Nepean and Upstream Warragamba Water Source:
(i) Lower Wollondilly River Management Zone,
(ii) Kowmung River Management Zone,
(iii) Upper Wingecarribee River Management Zone,
(iv) Lower Wingecarribee River Management Zone,
(v) Mulwaree River Management Zone, and
(vi) Maldon Weir Management Zone,
(d) the following management zones in the Hawkesbury and Lower Nepean Rivers Water Source:
(i) Berowra Creek and Cowan Creek Management Zone,
(ii) Colo River Management Zone,
(iii) Grose River Management Zone,
(v) Menangle Weir Management Zone,
(vi) Camden Weir Management Zone,
(vii) Sharpes Weir Management Zone,
(viii) Cobbity Weir Management Zone,
(ix) Mount Hunter Rivulet Weir Management Zone,
(x) Brownlow Hill Weir Management Zone,
(xi) Theresa Park Weir Management Zone,
(xii) Wallacia Weir Management Zone,
(xiii) Mid Nepean River Catchment Management Zone,
(xiv) Lower Nepean River Management Zone,
(xv) Upper Hawkesbury River (Grose River to South Creek) Management Zone,
(xvi) Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone,
(xvii) Upper Hawkesbury River (Cattai Creek to Colo River) Management, and
(xviii) Lower Hawkesbury River Management Zone,
(e) the following management zones in the Southern Sydney Rivers Water Source:
(i) Lower Georges River and Bunbury Curran Creek Management Zone, and
(ii) Cooks River and Botany Bay Management Zone, and
(f) the following management zones in the Northern Sydney Rivers Water Source:
(i) Lower Parramatta River Management Zone, and
(ii) Lane Cove River Management Zone.
Notes :
1 Except as provided in subclause (5), in-river dams are prohibited in all management zones unless they are already exempt from the requirement for a water supply work approval under the Water Management (General) Regulation 2011 .
2 A water supply work approval is not required for the construction of an excluded work specified in Schedule 1 of the Water Management (General) Regulation 2011 .