New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE LOWER MURRAY GROUNDWATER SOURCE - REG 47

47 Protection of groundwater dependent ecosystems

(1) While there are no ecosystems dependent on this groundwater source there may be ecosystems dependent on the overlying aquifer and the provisions of subclauses (2), (3), (4) and (5) apply to protect any such groundwater dependant ecosystems.

(2) Extraction of groundwater from a new or replacement water supply work (bore) is not permitted pursuant to the following:

(a) within 200 metres of high priority groundwater dependent ecosystems except where the bore is used to manage that ecosystem for ecological benefit or

(b) within 40 metres of any river or creek or

(c) within 200 metres of a significant wetland except where the bore is used to manage that wetland for ecological benefit.

(3) Subclause (1) does 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 groundwater dependent ecosystems or water courses that overlie the groundwater source. The replacement of existing works adjacent to groundwater dependent ecosystems or water courses that overlie the groundwater source with works that have greater capacity is not acceptable within the objectives of this plan.

(4) Subclause (1) does not apply to replacement of existing works approvals where the share component for the nominated aquifer access licence has not increased.

(5) Subclause (1) may not apply if 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, as specified by the Minister, constructed within the bore to isolate aquifers preventing water ingress from the restricted aquifer.