New South Wales Consolidated Regulations

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

39 Protection of groundwater dependent ecosystems and Aboriginal cultural heritage values

(1) Extraction of groundwater from a new or replacement water supply work (bore) is excluded:

(a) for works nominated by an access licence, within 200 metres of high priority groundwater dependent ecosystems, or where impact may occur on Aboriginal cultural heritage values,

(b) for those exercising basic landholder rights, within 100 metres of high priority groundwater dependent ecosystems, or where impact may occur on Aboriginal cultural heritage values, and

(c) within 40 metres of any river for any works.

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

(3) The Minister may exempt a replacement water supply work (bore) from subclause (1) if:

(a) the replacement water supply work (bore) only draws water from an aquifer at depths as approved by the Minister, and

(b) the approval holder demonstrates to the Minister’s satisfaction that current authorised extraction from that water supply work (bore) will not cause more than minimal impact on priority groundwater dependent ecosystems or Aboriginal cultural heritage values.

(4) Notwithstanding subclause (2), extraction from existing bores within the distances specified in subclauses (1) (a) and (1) (b) may be restricted to such an extent as to minimise the impact of extraction on the high priority groundwater dependent ecosystems and Aboriginal cultural heritage values.

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

(6) The Minister may under section 45 (1) (b) of the Act, identify high priority groundwater dependent ecosystems and include them in Schedule 5 at 30 June 2010, based on further studies of groundwater ecosystem dependency and Aboriginal cultural heritage undertaken by the Minister.

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