New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE KARUAH RIVER WATER SOURCE 2003 - REG 21

21 Planned environmental water

(1) Environmental health water is identified and established as follows:

(a) In very low flows, the flow occurring in this water source minus 2 ML/day, minus the very low flow access permitted under clause 62A of this Plan.

Note: The 2 ML/day is the amount of water estimated at the commencement of the Plan for basic landholder rights.

(c) In A class flows, the flow occurring in this water source on a rising river for 24 hours after the lower flow specified in clause 17 (1) (b) is exceeded minus 2 ML/day and thereafter the flow occurring in this water source minus 13 ML/day.

Note: The 2 ML/day is for basic landholder rights and the 13 ML/day is for basic landholder rights plus the A class TDEL of 11 ML/day.

(d) In B class flows, the flow occurring in this water source on a rising river for 24 hours after the lower flow specified in clause 17 (1) (c) is exceeded minus 13 ML/day and there after the flow occurring in this water source minus 28 ML/day.

Note: The 13 ML/day is for basic landholder rights plus the A class access and the 28 ML/day is basic landholder rights plus the B class TDEL of 26 ML/day.

(e) In C class flows, the flow occurring in this water source on a rising river for 24 hours after the lower flow specified in clause 17 (1) (d) is exceeded minus 28 ML/day and there after the flow occurring in this water source minus 33 ML/day.

Note: The 28 ML/day is for basic landholder rights plus B class access and the 33 ML/day is for basic landholder rights plus the C class TDEL of 31 ML/day.

Note: The total daily extraction limit for access licences in each flow class is established at clause 45.

Note: The 24 hour provision ensures the first flush of a rising river is allowed to pass before increased water extraction can commence.

(2) Environmental health water is maintained as follows:

(a) In very low flows:

(i) holders of access licences identified in Schedule 6 have restricted access in accordance with Clause 62A of this Plan.

(ii) holders of all other access licences are not permitted access to water, and

(iii) persons exercising domestic and stock and native title rights may take a combined total of up to 2 ML/day.

Note: The Minister may issue an Order under section 328 of the Act to restrict the exercise of domestic and stock rights from this water source to protect the environment for reasons of public health, or to preserve basic landholder rights.

(b) In A class flows:

(i) during years 1 to 5 of this Plan, holders of access licences determined by the process identified in clause 49 have restricted access to water in the first 24 hours after the A class lower flow level is exceeded on a rising river,

(ii) during years 6 to 10 of this Plan, holders of access licences determined by the process identified in clause 49 are not permitted access to water in the first 24 hours after the A class lower flow level is exceeded on a rising river,

(iii) the holders of all other access licences have no access to water in the first 24 hours after the A class lower flow level is exceeded on a rising river,

(iv) thereafter, the holders of access licences have restricted access to this flow class as specified in clause 46.

(v) persons exercising domestic and stock and native title rights may take water, and

(vi) if the water taken under domestic and stock and native title rights is assessed to be exceeding 2 ML/day in this flow class the access to water for access licences will be reduced in accordance with clause 50 to maintain the environmental water in this flow class.

(c) In B class flows:

(i) the holders of access licences cannot access this flow class for the first 24 hours after the B class lower flow level is exceeded on a rising river,

(ii) thereafter, the holders of access licences have restricted access to this flow class as specified in clause 46.

(iii) persons exercising domestic and stock and native title rights may take water, and

(iv) if the water taken under domestic and stock and native title rights is assessed to be exceeding 2 ML/day in this flow class the access to water for access licences will be reduced in accordance with clause 51 to maintain the environmental water in this flow class.

(d) In C class flows:

(i) the holders of access licences cannot access this flow class for the first 24 hours after the C class lower flow level is exceeded on a rising river,

(ii) thereafter, the holders of access licences have restricted access to this flow class as specified in clause 46.

(iii) persons exercising basic landholder rights may take water, and

(iv) if the water taken under domestic and stock and native title water rights is assessed to be exceeding 2 ML/day in this flow class the access to water for access licences will be reduced in accordance with clause 51 if this is necessary to maintain the environmental water in this flow class.

(e) In all flow classes, limits are imposed on the availability of water in accordance with clauses 35 and 37, that protect a proportion of natural river flows for fundamental ecological needs from increases in long-term water extraction.

Note: These rules protect the water for the environment by limiting the rate of extraction of water in different flow ranges, thereby achieving the objectives of this Plan.

Note: This Plan recognises that the planned environmental water provisions provide non-extractive benefits, including traditional Aboriginal spiritual, social, customary and cultural benefits, and improved water quality.