New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE KANGAROO RIVER WATER SOURCE 2003 - REG 72

72 Rules for granting other water supply works approvals

(1) No new in-river dams shall be approved within this water source.

Note: Taking of water from an in-river dam requires an access licence unless it is taken in accordance with section 52 of the Act (domestic and stock rights). In either case, however, the dam requires a water management works approval unless exempted by regulation under the Act.

(2) The Minister, when considering any application for the renewal of a water supply works approval under section 104 (2) of the Act, that obstructs the flow in a river, should consider whether:

(a) the originally authorised purpose of the water supply work continues to apply, and

(b) the water supply work fulfils an economic or social purpose, or has geomorphological integrity, ecological health or heritage values.

(3) If the Minister considers that the water supply work no longer meets its original authorised purpose or does not fulfil the purposes or values outlined in subclause (2) (b), the Minister may refuse to renew the approval and cause the work to be removed or modified unless the retention of the work can be justified on the basis of geomorphological integrity, ecological health and heritage values.

(4) If the Minister considers that the approval should be renewed, the Minister may place mandatory conditions on the approval where necessary, for the water supply work to be modified or other such directions, to ensure that the work meets the objectives of this Plan.