New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE KANGAROO 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 1.12 ML/day, minus the very low flow access permitted under clauses 62 and 62A of this plan.

Note: 1.12 ML/day is the amount of water estimated at the commencement of this Plan for basic landholder rights extraction.

(b) In A class flows, the flow occurring in this water source minus 19.12 ML/day.

Note: 19.12 ML/day is the amount of water estimated at the commencement of this Plan for A class total daily extraction limit and basic landholder rights.

(c) In B class flows, the flow occurring in this water source minus 41.12 ML/day.

Note: 41.12 ML/day is the amount of water estimated at the commencement of this Plan for B class total daily extraction limit and basic landholder rights.

(d) In C class flows, the flow occurring in this water source minus 49.12 ML/day.

Note: 49.12 ML/day is the amount of water estimated at the commencement of this Plan for C class total daily extraction limit and basic landholder rights.

(2) Environmental health water is maintained as follows:

(a) In very low flows:

(i) the holders of access licences, excluding access licences listed in Schedules 5 and 6, are not permitted any access,

(ii) the holders of access licences listed on Schedule 5 may have limited access to very low flows in accordance with clause 62,

(iii) the holders of access licences listed on Schedule 6 may have limited access to very low flows, to comply with the Food Production (Safety) Act or the Prevention of Cruelty to Animals Act, in accordance with clause 62A, and

(iv) persons exercising native title and domestic and stock rights may take a combined total of up to 1.12 ML/day.

(b) In A class, B class and C class flows:

(i) the holders of access licences have restricted access to water as specified in clause 46,

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

(iii) if the water taken under domestic and stock and native title rights is assessed to be exceeding 1.12 ML/day in this flow class the access to water for access licences shall be reduced in accordance with clause 50 to maintain the environmental water in this flow class.

(c) 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 both the water extracted over the long term, and 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, for traditional Aboriginal, spiritual, social, customary and cultural use, and contributes to improved water quality.