New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE KULNURA MANGROVE MOUNTAIN GROUNDWATER SOURCES 2003 - REG 38

38 Water quality management

(1) The beneficial uses of these groundwater sources are raw water for drinking, and ecosystem protection, based on the Australian and New Zealand Environment and Conservation Council Water Quality Guidelines 2001 , and the National Health and Medical Research Council Raw Water for Drinking Purposes Guidelines 1996 .

Note: It is not recommended that the water from these groundwater sources be consumed without prior treatment. Land use and other activities may have polluted the groundwater in some areas. A study of groundwater quality in rural areas on the NSW Central Coast by the Central Coast Public Health Unit (Murray J et al, 2000) found that 33% of the domestic raw groundwater samples were deemed unsuitable for drinking. The samples failed one or more of the following health related criteria: coliforms, thermotolerant coliforms, E. coli, copper, flouride, manganese, nitrate, nitrite and sulphate. All users are advised to contact Central Coast Health for advice on the risks associated with consuming the water from the Kulnura Mangrove Mountain Groundwater Sources.

(2) Water quality decline will be deemed unacceptable if extraction is likely to cause water quality to decline to a lower beneficial use class, and such a determination will be based on:

(a) a site inspection by the Minister, and

(b) water analysis from bores within the groundwater source, undertaken at the expense of the relevant access licence holder.

(3) The Minister may declare that, in order to protect water quality within these groundwater sources, local access rules are to apply in a defined area known as a local impact area.

(4) If water quality declines are resulting from extraction, extraction from all water supply works (bores) within a local impact area declared under subclause (3) nominated by an access licence will be restricted to such an extent, and for such time, as required to halt that decline, or restore the beneficial use of these groundwater sources.

(5) An access licence holder may apply to the Minister for an exemption to the restrictions arising from subclause (4) to allow short term (seasonal) contracts to be honoured.

(6) An exemption under subclause (5) may only be granted if the Minister is satisfied that such an exemption will not result in further water quality decline.

(7) Construction of a new water supply work (bore) will not be permitted:

(a) within 100 metres of a contamination source, unless the proponent can demonstrate to the Minister’s satisfaction that a lesser distance will result in no more than minimal harm to these groundwater sources, and that extraction will not impact on the environment or cause a threat to public health as advised by the Minister for Health, or

(b) within a greater distance than in subclause (a) nominated by the Minister in order to ensure that no more than minimal harm will occur to these groundwater sources, and that extraction will not impact on the environment or cause a threat to public health as advised by the Minister for Health.

(8) An existing water supply work (bore) within 100 metres of a contamination source will be able to continue extraction of groundwater at levels equivalent to 2002/03 access licence share components nominating that work, subject to any restrictions arising from subclause (4).

(9) Extraction of groundwater from a new water supply work (bore) for any purpose except basic landholder rights, between 100 metres and 500 metres of a contamination source, will require:

(a) an application to the Minister by the licence holder providing evidence that no drawdown of the watertable within 100 metres of the contamination source will occur,

(b) the Minister to assess the application as adequate, and

(c) the Minister to approve the application.

(10) Schedule 4 lists contamination sources in these groundwater sources.

(11) Subclauses (7), (8) and (9) may be applied by the Minister in relation to contamination sources not on Schedule 4, based on the results of a site inspection or other relevant information provided to the Minister.

(12) Pursuant to section 45 (1) (b) of the Act, the Minister may vary Schedule 4 by inclusion or deletion of a contamination source based on the results of a site inspection or other relevant information provided to the Minister.

Note: Schedule 4 is only to be used in relation to the granting of access licences and water supply work (bore) approvals under the Water Management Act 2000 .