WATER SHARING PLAN FOR THE GREATER METROPOLITAN REGION UNREGULATED RIVER WATER SOURCES 2011 - REG 78 Part 9

WATER SHARING PLAN FOR THE GREATER METROPOLITAN REGION UNREGULATED RIVER WATER SOURCES 2011 - REG 78

78 Part 9

Division 2 of Part 9 of this Plan may be amended to do any of the following:

(a) subject to paragraph (b), establish new flow classes or access rules for the following management zones in the Hawkesbury and Lower Nepean Rivers Water Source following a review undertaken by the Minister:

(i) Upper Hawkesbury River (Grose River to South Creek) Management Zone,

(ii) Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone,

(iii) Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone, or

(iv) Lower Hawkesbury River Management Zone,

(b) in developing new flow classes or access rules under paragraph (a) the Minister must:

(i) consult with the Department of Primary Industries, Office of Environment and Heritage, Local Land Services and representatives of interest groups and water users as determined by the Minister,

(ii) provide a report to the groups referred to in subparagraph (i) detailing the following:

(A) any methodology used to develop the proposed new flow classes or access rules,

(B) any field results and conclusions in terms of the degree to which the new flow classes or access rules meet the objectives in clause 10 (b), (c), (e), (f), (g) and (k) of this Plan,

(C) any field results and conclusions in regard to whether the new flow class rules or access rules should be adopted based on salinity levels, inflows from upstream water sources or other management approaches, including consideration of:

(1) the homogeneity of the tidal pool indicating whether rules apply across the water source or whether specific rules may apply to management zones or areas within the water source,

(2) the suitability of sites for measurement of flow or salinity levels,

(3) the significance of extraction on salinity levels, if required,

(4) ecosystem requirements, and

(5) ecological considerations,

(D) consideration of relevant studies relating to the proposed flow classes or access rules including the outcomes of any low flow verification studies, and

(E) the socio-economic impacts of the proposed new flow classes or access rules,

(c) amend the existing flow classes or establish a new or additional flow class or flow classes for the Fitzroy Falls Management Zone in the Shoalhaven River Water Source, after Year 5 of this Plan, provided that:

(i) the top of the Very Low Flow Class and the bottom of A Class is at or below the 95 th percentile flow at the flow reference point, and

(ii) the Minister is satisfied that water users are able to store sufficient water for dry times,

(d) amend the access rules for Little Wheeney Creek after Year 5 of this Plan following the creation of a new management zone for Little Wheeney Creek in the Hawkesbury and Lower Nepean Rivers Water Source under clause 74,

(e) amend the access rules that apply to access licences held by Penrith Lakes Development Corporation,

(f) amend the access rules for any new management zone established at and above Penrith Weir, including to establish new flow classes and a new flow reference point at the river flow gauge at Penrith Weir,

(g) amend the access rules that apply to access licences to which Schedule 3 applies for lagoons, lakes, in-river pools and other lentic water bodies to specify a drawdown condition that requires access licence holders to cease taking water when the water level in the lagoons, lakes, in-river pools and other lentic water body is below a specified level,

(h) any drawdown conditions specified for a lagoon, lake, in-river pool or other lentic water body under paragraph (g) are to be developed in accordance with a process determined by the Minister that considers the following objectives:

(i) provision of refuge for threatened and other aquatic species during periods of low or no flow,

(ii) maintenance of natural wetting and drying cycles,

(iii) maintenance of natural rates of change in water levels to reduce the possibility of bank slumping and isolation of aquatic animal species,

(iv) maintenance of water quality, particularly temperature, for the protection of native fish and other aquatic life,

(v) maintenance of groundwater within natural levels and variability,

(vi) protection of basic landholder rights, and

(vii) ensuring equitable sharing of water between users,

(i) once a drawdown condition is specified for a lagoon, lake, in-river pool or other lentic water body under paragraph (g), it may only be amended after Year 5 of this Plan following a study undertaken by the Minister that considers the objectives specified in paragraph (h) (i)-(vii) that shows the drawdown condition requires amending,

(j) include rules regarding the transfer of water from rivers to lagoons,

(k) amend the flow classes and access rules to provide protection of water for significant Aboriginal cultural sites and places following assessments undertaken by the Minister, excluding the Kangaroo River Management Zone in the Shoalhaven River Water Source,

(l) amend the access rules and flow classes to provide protection for run-of-river transfers for town water supply purposes made by Water NSW via the Wingecarribee River and Wollondilly River and made by Goulburn Mulwaree Council via the Upper Wollondilly River,

(m) amend the existing flow classes, establish a new or additional flow class or flow classes and amend the flow reference point for the Yarrunga Creek Management Zone in the Shoalhaven River Water Source following an amendment to the environmental release requirements for Fitzroy Falls Reservoir or the interchange rules specified in Part 6,

(n) amend the existing flow classes, establish a new or additional flow class or flow classes or amend the flow reference point for the Broughton Creek Management Zone or the Broughton Mill Creek Management Zone in the Shoalhaven River Water Source if further gauging is undertaken at the flow reference points for these management zones to establish the percentile flow values more accurately or if the flow reference points are relocated to a more appropriate site with the same percentile flows,

(o) amend the existing flow classes, establish a new or additional flow class or flow classes and amend the flow reference point to specify a newly installed gauge in the Jaspers Brush Creek and Tributaries Management Zone in the Shoalhaven River Water Source after Year 5 of this Plan, so that the top of the Very Low Flow Class and the bottom of A Class is at or below the 95 th percentile flow at the newly installed gauge,

(p) amend the existing flow classes, establish a new or additional flow class or flow classes and amend the flow reference point to specify a newly installed gauge in the Kowmung River Management Zone in the Upper Nepean and Upstream Warragamba Water Source after Year 5 of this Plan, so that the top of the Very Low Flow Class and the bottom of A Class is at or below the 95 th percentile flow at the newly installed gauge and the top of the Very Low Flow Class and the bottom of A Class is at or below the 80 th percentile flow at the newly installed gauge after Year 9 of this Plan,

(q) amend the existing flow classes, establish a new or additional flow class or flow classes and the access rules for management zones in the Hawkesbury and Lower Nepean Rivers Water Source following an amendment to the rules for this water source specified in Part 6,

(r) amend the existing flow classes or establish new flow classes for the Grose River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source, after Year 5 of this Plan, so that the top of A Class and the bottom of B Class is at or below the 80 th percentile flow and the top of B Class and the bottom of C Class is at or below the 50 th percentile flow at the flow reference point, if the Minister is satisfied that a review of this Plan or further Departmental investigations shows in-stream values are at risk from extractions,

(s) amend the existing flow classes or establish new flow classes for the Colo River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source, after Year 5 of this Plan, so that the top of the Very Low Flow Class and the bottom of A Class is at or below the 90 th percentile flow, if the Minister is satisfied that a review of this Plan or further Departmental investigations shows in-stream values are at risk from extractions,

(t) amend the existing flow classes, establish new flow classes and/or amend the flow reference point to specify a newly installed gauge for the Georges River Catchment Management Zone in the Southern Sydney Rivers Water Source, after Year 5 of this Plan, so that the top of the Very Low Flow Class and the bottom of A Class is at or below the 90 th percentile flow at the flow reference point, the top of A Class and the bottom of B Class is at or below the 80 th percentile flow at the flow reference point, and the top of B Class and the bottom of C Class is at or below the 50 th percentile flow at the flow reference point,

(u) amend the existing flow classes, establish new flow classes or establish new access rules for the Northern Sydney Coastal Management Zone in the Northern Sydney Rivers Water Source, after Year 5 of this Plan, if environmental flow rules are established for Manly Dam under clause 75 (2) of this Plan,

(v) amend the existing flow classes, establish new flow classes or establish new access rules for the following management zones and water sources after Year 5 of this Plan, if environmental flow rules are established for water supply works owned and operated by Goulburn Mulwaree Shire Council, Wingecarribee Shire Council or Shoalhaven City Council under clause 75 (3) of this Plan:

(i) in the following management zones in the Shoalhaven River Water Source:

(A) Bundanoon Creek Management Zone,

(B) Lower Shoalhaven River Management Zone, and

(C) Lower Shoalhaven River Catchment Management Zone,

(ii) in the following management zones in the Upper Nepean and Upstream Warragamba Water Source:

(A) Upper Wingecarribee River Management Zone,

(B) Lower Wingecarribee River Management Zone,

(C) Upper Wollondilly River Management Zone, and

(D) Lower Wollondilly River Management Zone,

(w) amend the existing flow classes, establish new flow classes or establish new access rules for the following management zones in the Upper Nepean and Upstream Warragamba Water Source after Year 5 of this Plan, if environmental flow rules are established for Lake Wallace under clause 75 (5) of this Plan:

(i) Wywandy Management Zone, or

(ii) Dharabuladh Management Zone,

(x) amend the existing flow classes, establish new flow classes or establish new access rules for the Upper Wingecarribee River Management Zone in the Upper Nepean and Upstream Warragamba Water Source after Year 5 of this Plan, if environmental flow rules are established for the Wingecarribee Reservoir under clause 75 (6) of this Plan,

(y) amend the existing flow classes, establish new flow classes or establish new access rules for the Wywandy Management Zone in the Upper Nepean and Upstream Warragamba Water Source after Year 5 of this Plan, if environmental flow rules are established for Lake Lyell under clause 75 (7) of this Plan,

(z) amend the existing flow classes, establish new flow classes or establish new access rules for the Wywandy Management Zone in the Upper Nepean and Upstream Warragamba Water Source after Year 5 of this Plan, if environmental flow rules are established for Thompsons Creek Dam under clause 75 (8) of this Plan,

(aa) amend the existing flow classes, establish new flow classes, and/or amend the flow reference point to specify a newly installed gauge in the following management zones and water sources, so that the top of A Class and the bottom of B Class is at or below the 50 th percentile flow at the newly installed gauge:

(i) the Lake Illawarra Management Zone in the Illawarra Rivers Water Source,

(ii) the following management zones in Upper Nepean and Upstream Warragamba Water Source:

(A) Kedumba River Management Zone, or

(B) Jenolan River Management Zone, or

(C) Kowmung River Management Zone,

(iii) the following management zones in the Southern Sydney Rivers Water Source:

(A) Georges River Catchment Management, or

(B) Hacking River Management Zone,

(bb) amend the existing flow classes, establish new flow classes or establish new access rules in the following management zones and water sources following an amendment under clause 75 (1) (d):

(i) Maldon Weir Management Zone in the Upper Nepean and Upstream Warragamba Water Source,

(ii) the following management zones in the Hawkesbury and Lower Nepean Rivers Water Source:

(A) Menangle Weir Management Zone,

(B) Camden Weir Management Zone,

(C) Sharpes Weir Management Zone,

(D) Cobbity Weir Management Zone,

(E) Mount Hunter Rivulet Weir Management Zone,

(F) Brownlow Hill Weir Management Zone,

(G) Theresa Park Weir Management Zone, and

(H) Wallacia Weir Management Zone,

(cc) establish new flow classes in any water source where management zones are added, or in any water source or management zone that is amended during the term of this Plan under clause 74 or in any water source or management zone for which flow classes have not been established by this Plan,

(dd) add, remove or modify the flow reference points for these water sources or management zones,

(ee) add, remove or modify the description of flows at the flow reference point for these water sources or management zones as a result of an amendment under paragraph (dd),

(ff) add, remove or modify the commencement date for a flow class,

(gg) add, remove or modify the water sources or management zones to which any flow class applies, excluding the Kangaroo River Management Zone in the Shoalhaven River Water Source,

(hh) amend clause 57 to modify the volume of water permitted to be taken for stock watering under clause 57 (19) (c),

(ii) amend clause 57 to provide for new access rules following a period of access to very low flows under clause 57 (1) (d),

(jj) establish or assign new TDELs in these water sources or management zones to protect water held under an access licence for the purpose of providing water to the environment,

(kk) establish or assign new TDELs in these water sources or management zones to protect a proportion of flow within each flow class for the environment,

(ll) amend or remove TDELs if TDELs have been established or assigned under paragraphs (jj) and/or (kk),

(mm) include rules for the establishment, assignment and removal of IDELs on access licences, including to impose rules for the establishment of IDELs and to impose mandatory conditions in relation to IDELs,

(nn) amend clause 57 to remove the existing access rules where new TDELs and/or IDELs have been established under paragraphs (kk) and/or (mm) to protect a proportion of flow within each flow class for the environment,

(oo) amend clause 57 to reinstate access rules that applied at the commencement of this Plan, where TDELs and IDELs have been removed under paragraphs (ll) and (mm),

(pp) establish and/or assign additional TDELs for the Minnamurra River Management Zone in the Illawarra Rivers Water Source after Year 6 of this Plan so that the TDEL is equal to or less than 30% of the 50 th percentile flow at the flow reference point for B Class and 30% of the 30 th percentile flow at the flow reference point for C Class, if the Minister is satisfied that a review of this Plan or further Departmental investigations shows that high in-stream values are at risk from extractions,

(qq) establish and/or assign additional TDELs for the Macquarie Rivulet Management Zone in the Illawarra Rivers Water Source after Year 6 of this Plan so that the TDEL is equal to or less than 60% of the 50 th percentile flow at the flow reference point for B Class and 30% of the 30 th percentile flow at the flow reference point for C Class, if the Minister is satisfied that a review of this Plan or further Departmental investigations shows that in-stream values are at risk from extractions,

(rr) establish and/or assign additional TDELs for the Lower Wingecarribee River Management Zone or the Upper Wingecarribee River Management Zone in the Upper Nepean and Upstream Warragamba Water Source after Year 6 of this Plan so that the TDEL is equal to or less than 30% of the 50 th percentile flow at the respective flow reference point for B Class and 30% of the 30 th percentile flow at the respective flow reference point for C Class, if the Minister is satisfied that a review of this Plan or further Departmental investigations shows that in-stream values are at risk from extractions,

(ss) establish and/or assign additional TDELs for the Grose River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source after Year 6 of this Plan so that the TDEL is equal to or less than 30% of the 80 th percentile flow at the flow reference point for A Class, 30% of the 50 th percentile flow at the flow reference point for B Class and 30% of the 30 th percentile flow at the flow reference point for C Class, if the Minister is satisfied that a review of this Plan or further Departmental investigations shows that in-stream values are at risk from extractions,

(tt) establish and/or assign additional TDELs for the Lower South Creek Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source so that the TDEL is equal to or less than 30% of the 50 th percentile flow at the flow reference point for A Class and 30% of the 30 th percentile flow at the flow reference point for B Class, if discharges from the St Marys Water Recycling Plant cease,

(uu) establish and/or assign additional TDELs for the Georges River Catchment Management Zone in the Southern Sydney Rivers Water Source after Year 6 of this Plan so that the TDEL is equal to or less than 30% of the 80 th percentile flow at the flow reference point for A Class, 30% of the 50 th percentile flow at the flow reference point for B Class and 30% of the 30 th percentile flow at the flow reference point for C Class, following the installation of a gauge in or near this management zone and if the Minister is satisfied that a review of this Plan or further Departmental investigations shows that in-stream values are at risk from extractions,

(vv) establish and/or assign TDELs for the Upper Shoalhaven River Management Zone of the Shoalhaven River Water Source such that the TDEL is equal to or less than 30% of the 50 th percentile flow at the flow reference point for A Class, and 30% of the 30 th percentile flow at the flow reference point for B Class, if the Minister is satisfied that a review of this Plan or further Departmental investigations shows that in-stream values are at risk from extractions,

(ww) establish and/or assign TDELs and/or IDELs for a management zone specified in clause 58 (4) or clause 58 (6),

(xx) decrease and/or reassign TDELs for a management zone or water source following the purchase and/or cancellation of an access licence in that management zone,

(yy) amend the access rules specified in clauses 57 (1) (c), 57 (1) (d) and 57 (2)-(3) following a review conducted under clause 57 (1) (e), or

(zz) amend the existing flow classes, establish new flow classes or establish new access rules to require unregulated river (high flow) access licences to cease taking water when flows are below a certain threshold in the Lower Hawkesbury River Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source, or

(aaa) adjust TDELs and IDELs in the Kangaroo River Management Zone in the Shoalhaven River Water Source.