New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE LOWER GWYDIR GROUNDWATER SOURCE 2003 - REG 39

39 Protection of groundwater dependent ecosystems

(1) Extraction of groundwater from a new or replacement water supply work (bore) is excluded within 100 metres of high priority groundwater dependent ecosystems, or any creek or river, for those exercising basic landholder rights, and 200 metres for extraction authorised by all other access licences unless the water supply work (bore):

(a) only draws water from an aquifer at depths greater than 50 metres, and

(b) has an impermeable seal, constructed within the annulus of the water supply work (bore), as specified by the Minister, to isolate aquifers above 50 metres depth, and to prevent water ingress from the shallow aquifers.

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

(2) High priority groundwater dependent ecosystems are those listed in Schedule 5.

(3) Pursuant to section 42 (2) of the Act, the Minister may identify further high priority groundwater dependent ecosystems and include them in Schedule 5 at any time, based on further studies of groundwater ecosystems dependency undertaken by the Minister.

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

Note: At the commencement of this Plan, there is not sufficient information to identify high priority groundwater dependent ecosystems within the Lower Gwydir Groundwater Source.