New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE LOWER MACQUARIE GROUNDWATER SOURCES 2003 - REG 18

18 Planned environmental water

Note: It is anticipated that the planned environmental water provisions in this Part and management of local impact provisions in Part 10, Division 3 of this Plan will also protect the cultural and spiritual values of groundwater (see clause 11 (e)).

(1) This Plan establishes the following planned environmental water rules:

(a) subject to Part 10 Division 2 of this Plan, the physical water contained in the storage component of these groundwater sources, minus the amount required for supplementary water access permitted under clause 25D, as varied by clause 29 will be reserved for the environment,

(b) subject to Part 10 Division 2 of this Plan, 15% of an amount that is equal to the average annual recharge to these groundwater sources, excluding Zone 5, minus basic landholder rights at the commencement of this Plan, is reserved for the environment and Aboriginal cultural heritage.

Note: Access to water under supplementary water access licences in these groundwater sources will not be permitted after the 30 June 2016 and the physical water contained in the storage component of these groundwater sources plus 15% of the long-term average annual recharge of these groundwater sources minus an amount for basic landholder rights requirements at the commencement of this Plan will be reserved for the environment.

(2) A review of the proportion of recharge in subclause (1) (b) reserved as planned environmental water in these groundwater sources using the best available science should be undertaken by the Minister after 30 June 2008 and should:

(a) recommend the proportion of the annual recharge to be reserved for the environment and Aboriginal cultural heritage in Zone 5,

(b) recommend any change to the proportion of the annual average recharge to be reserved for the environment and Aboriginal cultural heritage in each of Zones 1, 2, 3, 4 and 6, and

(c) identify groundwater dependent ecosystems, establish their groundwater requirements and recommend appropriate management options to protect them.

Note: The studies may recommend management options other than reservation of a portion of recharge to protect groundwater dependant ecosystems.

(3) The Minister may under section 45 (1) (b) of the Act, amend subclause (1) (b) after 30 June 2010 to vary the proportion of recharge reserved as planned environmental water in each of these groundwater sources, based on the review undertaken in subclause (2), and this variation should:

(a) establish the proportion of the annual average recharge to be reserved for the environment and Aboriginal cultural heritage in Zone 5,

(b) if required, change the proportion of the annual average recharge to be reserved for the environment and Aboriginal cultural heritage in each of Zones 1, 2, 3, 4 and 6, and

(c) designate further high priority groundwater dependent ecosystems, and include them in Schedule 4.

(4) The Minister should undertake a second review of the proportion of the average annual recharge reserved as planned environmental water in each groundwater source, by 30 June 2014.

(5) The Minister may under section 45 (1) (b) of the Act, amend subclause (1) after 30 June 2015 to vary the proportion of the average annual recharge reserved as planned environmental water, as varied by subclause (3), following a review established in subclause (4).

(6) The Minister shall cause to have undertaken an independent evaluation of the reviews established in subclauses (2) and (4) prior to any change to this Plan in accordance with subclauses (3) and (5).

(7) The Minister should seek advice from the Water Management Committee, or in its absence an advisory committee established by the Minister, including, where possible, representatives of domestic and stock rights and groundwater users, local water utilities, irrigation and industry, Aboriginal persons and environment groups before making any changes to this Plan under subclauses (3) and (5).

Note: The extent of impact of these changes on access by licence holders is limited by the provisions in clause 28.

(8) Any change in planned environmental water arising from subclauses (3) and (5) shall not result in the proportion of recharge reserved for the environment being less than 10%, or greater than 30% in any groundwater source.