New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE GWYDIR REGULATED RIVER WATER SOURCE 2002 - REG 48

48 Taking of water under supplementary water access licences

(1) The taking of water under supplementary water access licence shall only be permitted in accordance with announcements made by the Minister, in accordance with the rules in the Plan.

(2) The maximum volume of water that may be taken under supplementary water access licences during each period of time to which an announcement applies shall be expressed as a number of megalitres per unit share plus any water allocations traded into the account and minus any water allocations traded out of the account.

(3) Taking of water under supplementary water access licences should be managed, as far as possible, to evenly share access opportunity amongst all supplementary water access licences.

(4) Taking of water under supplementary water access licences should only be permitted when there are uncontrolled flows at the point of extraction and the uncontrolled flow is in excess of that required to provide any required downstream replenishment flows specified in clause 59.

(5) No more than 50% of the supplementary water event volume may be permitted to be taken under supplementary water access licences during a supplementary water event.

(6) The supplementary water event volume is:

(a) the volume of uncontrolled flows in the water source that are downstream of Copeton Dam, minus

(b) the volume of uncontrolled flows in subclause (a) required to provide sufficient flow to:

(i) meet the environmental provisions of the Plan,

Note: This includes the clause 14 provisions requiring that inflows from the Horton River, Myall creek and Halls Creek up to 500 ML/day per day be passed through to the Gwydir wetlands.

(ii) satisfy downstream domestic and stock rights and native title rights,

(iii) satisfy the water orders placed by regulated river (general security) access licences and higher priority access licences, and

(iv) provide any required replenishment flows specified in clause 59.

(7) Taking of water under supplementary water access licences nominating works on the Mehi River, Carole Creek, or on rivers which receive effluent flows from the Mehi River or Carole Creek, shall not be permitted, or shall be restricted, when this is required to ensure the passage to the Barwon-Darling of locally generated uncontrolled flows needed to meet the requirements of the Interim Unregulated Flow Management Plan for the North West.

Note: The Interim Unregulated Flow Management Plan for the North West is also known as the North-West Unregulated Flow Management Plan.

(8) For the purposes of subclause (7), locally generated uncontrolled flows shall mean any uncontrolled flow or portion of any uncontrolled flow in these rivers that is not the result of inflows from the Gwydir River.

(9) The requirements of the Interim Unregulated Flow Management Plan for the North West are:

(a) a flow of 14,000 ML/day in the Darling River at Brewarrina for 5 consecutive days, or 10,000 ML/day in the Darling River at Bourke for 5 consecutive days, during the period September to February inclusive, providing two such flow events have not already occurred during that period in that water year,

Note: This subclause is intended to provide opportunity for the passage of fish across the major weirs in the Barwon-Darling.

(b) a flow of 2,000 ML/day in the Darling River at Wilcannia for 5 consecutive days during October to April, inclusive, providing flows of this quantity have not already been reached during the preceding three months within the October to April period, and

Note: This subclause is intended to protect flows needed to suppress blue-green algae blooms.

(c) a flow of:

(i) 150 ML/day in the Darling River at Wilcannia,

(ii) 280 ML/day in the Darling River at Louth,

(iii) 390 ML/day in the Darling River at Bourke,

(iv) 550 ML/day in the Darling River at Brewarrina, and

(v) 700 ML/day in the Barwon River at Walgett,

Note: This subclause is intended to protect flows needed to meet basic landholder rights requirements along the Barwon-Darling River.

(10) The Minister may, under section 45 (1) (b) of the Act and by notice published in the Gazette, alter or replace the rule set out in subclause (7) or the requirements set out under subclause (9) should the Interim Unregulated Flow Management Plan for the North West be altered, or replaced by new management arrangements, providing that such action:

(a) only affects the taking of water under supplementary water access licences,

(b) only relates to ensuring the taking of water under supplementary water access licences does not jeopardise critical environmental needs or the supply of water to basic rights holders, domestic and stock access licence holders and local water utility access licence holders in the Barwon Darling, and

(c) in the Minister’s opinion, does not substantially alter the long-term average volume of water that can be taken under supplementary water access licences in the Gwydir Regulated River Water Source.