New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE KULNURA MANGROVE MOUNTAIN GROUNDWATER SOURCES 2003 - REG 36

36 Extraction interference between neighbouring bores

(1) To minimise interference between extraction under different access licences in each groundwater source, the following rules will apply to extraction authorised by an access licence:

(a) extraction from a new or replacement water supply work (bore) for the extraction of basic landholder rights will not be permitted within:

(i) 50 metres of the property boundary, or

(ii) 100 metres of an approved water supply work (bore) from which basic landholder rights water may be extracted,

(b) extraction from a new or replacement water supply work (bore) nominated by an access licence will not be permitted within:

(i) 400 metres of an approved water supply work (bore) nominated by another access licence,

(ii) 200 metres of an approved water supply work (bore) from which basic landholder rights water may be extracted, or

(iii) 50 metres of the property boundary.

(2) Notwithstanding the provisions of subclause (1), the Minister may, upon application by an access licence holder, vary the distance restrictions specified in subclause (1) if:

(a) an hydrogeological study undertaken by the licence holder, and assessed as adequate by the Minister, demonstrates minimal potential for adverse impact on existing licensed extraction,

(b) the applicant has sought written comment from the potentially affected licence holders, and submits these comments to the Minister for consideration, and

(c) there is a process for remediation in the event that any local impact occurs in the future, specified as conditions on the licence.

Note: The intention of this clause is to minimise the impact of extraction under new access licences on extraction under existing access licences. It is intended to develop models to support hydrogeological assessment of the adverse impact of new groundwater extractions on existing licensed extraction.

(3) Subclause (1) does not apply to extraction under existing access licences until such time the relevant water supply work (bore) is replaced.

Note: The intention of this clause is to minimise the impact of extraction by new access licences on extraction under existing licences.

(4) The maximum authorised extraction resulting from extraction authorised by a new access licence nominating a water supply work (bore) at a particular location, or the operation of Part 11 of this Plan, is not to exceed 200 ML/yr per square kilometre.

(5) Pursuant to section 45 (1) (b) of the Act, the Minister may amend the maximum extraction density established in subclause (4) if change is required as a result of further studies undertaken by the Minister.

(6) Any change to the maximum extraction density resulting from subclause (5) is to be within the range of 12 ML/yr per square kilometre to 200 ML/yr per square kilometre.