New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE KULNURA MANGROVE MOUNTAIN GROUNDWATER SOURCES 2003 - REG 39

39 Protection of groundwater dependent ecosystems

(1) Extraction of groundwater from a new or replacement water supply work (bore) for any purpose, is excluded within 100 metres of:

(a) high priority groundwater dependent ecosystems listed in Schedule 5 and shown in Appendix 4,

(b) culturally significant sites, being areas of high conservation value for cultural reasons, as contained in the National Parks and Wildlife Service’s Cultural Sites Register, or

(c) any river.

Note: Subclause (1) will not apply to current authorised extraction from an existing water supply work (bore) until such times as the work is replaced.

(2) Where an applicant can demonstrate to the Minister that the distance conditions in subclause (1) cannot be met, the Minister may consider the application providing the following construction criteria can be met:

(a) the water supply work (bore) must only draw water from an aquifer at depths greater than 40 metres from the land surface,

(b) the water supply work (bore) must have an impermeable seal, as specified by the Minister, constructed within the bore to isolate aquifers above 40 metres depth and to prevent water ingress, and

(c) the water supply work (bore) must comply with any access licence and water supply work approval conditions established to mitigate any risk to groundwater dependent ecosystems.

Note: Water supply work (bore) approval conditions may include bore construction requirements, establishment of monitoring bores between extraction bores and ecosystems, and pumping limits.

(3) Pursuant to section 45 (1) (b) of the Act, the Minister may amend the exclusion distances in subclauses (1) and (2), based on further studies of groundwater ecosystems dependency undertaken by the Minister.

(4) Pursuant to section 45 (1) (b) of the Act, the Minister may identify further high priority groundwater dependent ecosystems and include them in Schedule 5 and Appendix 4 after year 5 of this Plan, based on further studies of groundwater ecosystem dependency undertaken by the Minister.

(5) The Minister should consult with the Minister for the Environment before adding further high priority groundwater dependent ecosystems to Schedule 5.