WATER SHARING PLAN FOR THE GREATER METROPOLITAN REGION UNREGULATED RIVER WATER SOURCES 2011 - REG 72 General

WATER SHARING PLAN FOR THE GREATER METROPOLITAN REGION UNREGULATED RIVER WATER SOURCES 2011 - REG 72

72 General

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

(a) 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 Standard AS 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 water source and the first discharge outlet. There must be no flow of water out of the pipe, channel or conduit between the water 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.

(b) if a water supply work is to no longer be used permanently, then the approval holder of that work must provide the Minister with notice in writing that the approval holder intends to decommission the water supply work, at least 90 days prior to the date of commencement of decommissioning,

(c) upon receiving notice of the intention to decommission from the approval holder under paragraph (b), the Minister may by notice in writing, require that the water supply work not be decommissioned, or that the water supply work be decommissioned in accordance with other requirements. These requirements may be specified by the Minister in a work plan,

Note : If a notice in writing is required from the Minister regarding the decommissioning of a water supply work, this notice will be sent to the approval holder within 60 days of the notice under paragraph (a) being sent.

(d) if the approval holder receives a notice from the Minister under paragraph (c), the approval holder must proceed in accordance with any requirements in that notice,

(e) if the approval holder does not receive a notice from the Minister under paragraph (c) within 60 days of providing notice of the intent to decommission under paragraph (b), the approval holder must decommission the water supply work,

(f) within 60 days of the water supply work being decommissioned under paragraphs (d) or (e), the approval holder must notify the Minister in writing that the water supply work has been decommissioned,

(g) upon becoming aware of a breach of any condition of the approval, the holder of the water supply work approval must:

(i) notify the Minister as soon as practicable, and

(ii) if the notification under subparagraph (i) was not in writing, confirm this notification in writing within seven days of becoming aware of the breach,

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

(2) Water supply work approvals for water supply works in these water sources, excluding a water supply work that is a metered water supply work with a data logger or is used for the purpose of taking water under basic landholder rights only, must have mandatory conditions where required to give effect to the following:

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

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

(i) each date and start and end 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 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, and

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

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

(d) the holder of a 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 of 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 environmental flow protection 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
"environmental flow protection conditions" means any conditions on the water supply work approval, or on the access licence under which water is proposed to be taken, that prohibit the taking of water in a particular circumstance.

(5) Water supply work approvals for runoff harvesting dams and in-river dams must have a mandatory condition where required to give effect to clause 62 (1).

(6) A water supply work approval held by Water NSW must have mandatory conditions to give effect to the following:

(a) the relevant system operation rules in Part 6 of this Plan,

(b) that Water NSW must make data available to the Minister regarding flows at flow reference points operated by Water NSW at a frequency and time determined by the Minister,

(c) that Water NSW must notify the public at a time to be determined by the Minister of details of any releases from their storages for environmental and other purposes planned for the next 24 hours and details of any run of river town water supply transfers planned for the next 24 hours.

(7) A water supply work approval held by Eraring Energy must have mandatory conditions to give effect to the relevant system operation rules in Part 6 of this Plan.

(8) A water supply work approval held by Delta Electricity must have mandatory conditions to give effect to the following:

(a) the relevant system operation rules in Part 6 of this Plan,

(b) that Delta Electricity must make data available to the Minister regarding flows at flow reference points operated by Delta Electricity at a frequency and time determined by the Minister,

(c) that Delta Electricity must make data publicly available at the earliest time that is practically possible and no later than 9:00 am regarding details of any releases from their storages for environmental and other purposes planned for the next 24 hours and details of any run of river transfers planned for the next 24 hours.

(9) The water supply work approval for Maldon Weir must have mandatory conditions to give effect to the relevant system operation rules in Part 6 of this Plan, which may include conditions requiring modification of the work, including installation of a fish ladder.

(10) A water supply work approval for a water supply work to which clause 37 applies must have mandatory conditions requiring the holder of the water supply work approval to keep an ECA account and to release ECA water in accordance with clause 37.

(11) A water supply work approval for a water supply work to which clause 38 applies must have mandatory conditions requiring the holder of the water supply work approval to keep a BEF account and to release BEF water in accordance with clause 38.

(12) A water supply work approval held by Sydney Water Corporation for Manly Dam must have mandatory conditions where required to give effect to clause 39A (1), (2) and (11).

(13) Water supply work approvals held by Goulburn Mulwaree Shire Council, Wingecarribee Shire Council and Shoalhaven City Council must have mandatory conditions where required to give effect to clause 39A (3), (4) and (11).

(14) A water supply work approval held by Delta Electricity for Wallerawang Dam (Lake Wallace) must have mandatory conditions where required to give effect to clause 39A (5), (6) and (11).

(15) A water supply work approval held by Water NSW for Wingecarribee Reservoir must have mandatory conditions where required to give effect to clause 39A (7), (8) and (11).

(16) A water supply work approval held by Delta Electricity for Lilyvale Dam must have mandatory conditions where required to give effect to clause 39A (9) and (11).

(17) A water supply work approval for Thompsons Creek Dam must have mandatory conditions where required to give effect to clause 39A (10) and (11).

(18) A water supply work approval for a surface water supply work must have mandatory conditions where required to give effect to the requirements for a replacement surface water supply work specified in or specified by the Minister in accordance with clause 62 (4).