New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE LOWER MURRUMBIDGEE GROUNDWATER SOURCES 2003 - REG 38

38 Protection of groundwater dependent ecosystems

(1) High priority groundwater dependent ecosystems are listed in Schedule 4.

(2) Pursuant to section 45 (1) (b) of the Act, the Minister may identify further high priority groundwater dependent ecosystems and include them in Schedule 4 after 30 June 2011, based on further studies of groundwater ecosystem dependency undertaken by the Minister.

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

(4) Extraction of groundwater from a new or replacement water supply work (bore) is excluded within 200 metres of designated high priority groundwater dependent ecosystems, or any creek or river, for those exercising basic landholder rights, and 1,000 metres for extraction authorised by all other access licences, unless the water supply work (bore):

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

(b) has an impermeable seal constructed within the annulus of the bore to isolate aquifers preventing water ingress from the restricted aquifer, as specified by the Minister.

(5) Subclause (4) will not apply to extraction from an existing water supply work (bore) until such time as the work is replaced.