New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE MACQUARIE AND CUDGEGONG REGULATED RIVERS WATER SOURCE 2003 - REG 67

67 Changes to planned environmental water rules

(1) The planned environmental water rules in this Plan can be amended in accordance with the following clauses:

(a) clause 15 (4) in respect to planned environmental water releases,

(b) clause 15 (13) in respect to the distribution of water between sub-allowance 1 and 2 of the environmental water allowance,

(c) clause 15 (17) in respect to the dates specified for release of sub-allowance 1 of the environmental water allowance, or

(d) clause 15 (19) in respect to the release triggers and maximum flow targets for release of sub-allowance 1 of the environmental water allowance.

(2) The Minister may also under section 45 (1) (b) of the Act and by Order published in the Gazette, amend clause 15 (13) prior to the commencement of the sixth year of this Plan and following completion of a review of the minimum sharing proportions for the two sub-allowances of the environmental water allowance, against the environmental objectives of this Plan and those identified in subclause (3).

(3) The review under subclause (2) should consider and make recommendations on changes to clause 15 (13), regarding:

(a) the different minimum proportion, between 0% and 100%, that each sub-allowance must receive, or

(b) a maximum proportion, between 0% and 100%, that each sub-allowance must receive.

(4) In undertaking the review under subclause (2) the Minister should:

(a) consult with the NSW Environment Protection Authority, NSW Fisheries and NSW National Parks and Wildlife Service, and

(b) prepare a report documenting:

(i) the methodology adopted in assessing environmental outcomes from the release of water under clause 15 of this Plan,

(ii) the environmental benefits of releases from sub-allowance 1 (translucent) made since the commencement of this Plan,

(iii) the environmental benefits of releases from sub-allowance 2 (active) made since the commencement of this Plan,

(iv) implications for the environmental benefits delivered during the first 5 years of this Plan, resulting from proposed changes to clause 15 (13), and

(v) implications for long-term average annual extractions and the long-term average volume of water released from the environmental water allowance, resulting from proposed changes to clause 15 (13).

(5) The review under subclause (2) is to be undertaken and completed within the fifth year of this Plan.

(6) Before making an Order under subclause (2) the Minister should seek the advice of the Environmental Flow Reference Group, if established under clause 15 (23), on any changes proposed in the review under subclause (2).

(7) In providing advice to the Minister under subclause (6) the Environmental Flow Reference Group should take into consideration the environmental benefits provided by the use of the environmental water allowance since the commencement of this Plan.

(8) Before making an Order under subclause (2), the Minister should:

(a) be satisfied that the amendment to clause 15 (13) will:

(i) result in an improvement in the environmental benefits of this Plan, and

(ii) not result in a change in the long-term average volume of water released from the environmental water allowance, and

(b) consult with the Minister for the Environment to the making of the Order.