New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE LOWER MURRAY GROUNDWATER SOURCE - REG 31

31 Rules for granting or amending water supply works approvals

(1) To minimise interference between extraction under different access licences in the groundwater source, extraction authorised by an access licence for new water supply works (bores) will not be permitted from a water supply work (bore) within:

(a) 500 metres of a water supply work (bore) from which extraction of up to 500 ML/yr under another access licence is permitted,

(b) 1,000 metres of a water supply work (bore) from which extraction of between 501 and 1,000 ML/yr under another access licence is permitted,

(c) 2,000 metres of a water supply work (bore) from which extraction of greater than 1,001 ML/yr under another access licence is permitted.

(2) To minimise the potential to impact users of water from surface water sources that overlie this groundwater source, the extraction authorised by an access licence for a new water supply work (bore) is not permitted from that work if it is within 100 metres of irrigation water supply channels owned by 3rd parties.

(3) The extraction authorised by an access licence for new water supply work (bore) is subject to the conditions in clause 47.

(4) To minimise interference between extractions under different access licences in this groundwater source, extraction authorised by an access licence for new water supply works (bores) will not be permitted from a water supply work (bore) if it is likely to have a significant adverse impact on water quality.

(5) Notwithstanding the provisions of subclause (1) (2), or (3), the Minister may, upon application by an access licence holder, vary the distance restrictions specified in subclause (1) if:

(a) a hydrogeological study undertaken by the licence holder, assessed as adequate by the Minister, demonstrates that the impact of the proposed work will not decrease the piezometric pressure level greater than 20% of the average year 2000 pressure levels above the top of the Calivil aquifer,

(b) all potentially affected access licence holders have been notified directly by the proponent.

Note: Potentially affected access licence holders are typically neighbouring access licence holders and/or those in the near vicinity.

(6) Subclause (1) and subclause (2) do not apply to extraction under existing access licences.

(7) Subclause (1) and subclause (2) do not apply to replacement of existing water supply works approvals where the share component for the nominated aquifer access licence has not increased.

Note: The intention of this clause is to minimise the impact of extraction under new access licences on extraction under existing access licences. It is intended to develop models to support hydrogeological assessment of the adverse impact on new groundwater extractions on existing licensed extraction.

(8) Subclause (1) and subclause (2) do not apply to the replacement of existing water supply works that will retain the same rate or a lesser rate of extraction as that of the work being replaced.

Note: It is the intention of this subclause to allow existing works that need replacement due to malfunction, mechanical efficiency gains, alternate power supplies, and so on, to be replaced by new works of lesser or equal extraction capacity where they are adjacent to other existing works. The replacement of existing works, with works that have greater capacity, adjacent to other works is not acceptable within the objectives of this plan.