New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE MANDAGERY CREEK WATER SOURCE 2003 - REG 21

21 Environmental health water

(1) Environmental health water is identified and established as follows:

(a) In Zone 1:

(i) in very low flows, the flow occurring in this zone minus 0.5 ML/day, minus the very low flow access permitted under clause 61A of this plan,

Note: 0.5 ML/day is the amount of water estimated at the commencement of the Plan for basic landholder rights in Zone 1.

(ii) in A class flows, the flow occurring in this zone minus 2.3 ML/day,

Note: 2.3 ML/day is the amount of water estimated at the commencement of the Plan for A class total daily extraction limit and basic landholder rights in Zone 1.

(iii) in B class flows, the flow occurring in this zone minus 12.5 ML/day, and

Note: 12.5 ML/day is the amount of water estimated at the commencement of the Plan for B class total daily extraction limit and basic landholder rights in Zone 1.

(iv) in C class flows, the flow occurring in this zone minus 17.5 ML/day.

Note: 17.5 ML/day is the amount of water estimated at the commencement of the Plan for C class total daily extraction limit and basic landholder rights in Zone 1.

(b) In Zone 2:

(i) in very low flows, the flow occurring in this zone minus 0.88 ML/day, minus the very low flow access permitted under clause 61A of this plan,

Note: 0.88 ML/day is the amount of water estimated at the commencement of the Plan for basic landholder rights in Zone 2.

(ii) in A class flows, the flow occurring in this zone minus 11.68 ML/day,

Note: 11.68 ML/day is the amount of water estimated at the commencement of the Plan for A class total daily extraction limit and basic landholder rights in Zone 2.

(iii) in B class flows, the flow occurring in this zone minus 22.88 ML/day, and

Note: 22.88 ML/day is the amount of water estimated at the commencement of the Plan for B class total daily extraction limit and basic landholder rights in Zone 2.

(iv) in C class flows, the flow occurring in this zone minus 42.88 ML/day.

Note: 42.88 ML/day is the amount of water estimated at the commencement of the Plan for C class total daily extraction limit and basic landholder rights in Zone 2.

(c) In the Zone 3:

(i) in very low flows, the flow occurring in this zone minus 0.82 ML/day, minus the very low flow access permitted under clause 61A of this plan,

Note: 0.82 ML/day is the amount of water estimated at the commencement of the Plan for basic landholder rights in Zone 3.

(ii) in A class flows, the flow occurring in this zone minus 15.32 ML/day,

Note: 15.32 ML/day is the amount of water estimated at the commencement of the Plan for A class total daily extraction limit and basic landholder rights in Zone 3.

(iii) in B class flows, the flow occurring in this zone minus 27.82 ML/day, and

Note: 27.82 ML/day is the amount of water estimated at the commencement of the Plan for B class total daily extraction limit and basic landholder rights in Zone 3.

(iv) in C class flows, the flow occurring in this zone minus 50.82 ML/day.

Note: 50.82 ML/day is the amount of water estimated at the commencement of the Plan for C class total daily extraction limit and basic landholder rights in Zone 3.

(d) In Zone 4:

(i) in very low flows, the flow occurring in this zone minus 1.5 ML/day, minus the very low flow access permitted under clause 61A of this plan,

Note: 1.5 ML/day is the amount of water estimated at the commencement of the Plan for basic landholder rights in Zone 4.

(ii) in A class flows, the flow occurring in this zone minus 95.5 ML/day,

Note: 95.5 ML/day is the amount of water estimated at the commencement of the Plan for A class total daily extraction limit and basic landholder rights in Zone 4.

(iii) in B class flows, the flow occurring in this zone minus 146.5 ML/day, and

Note: 146.5 ML/day is the amount of water estimated at the commencement of the Plan for B class total daily extraction limit and basic landholder rights in Zone 4.

(iv) in C class flows, the flow occurring in this zone minus 301.5 ML/day.

Note: 301.5 ML/day is the amount of water estimated at the commencement of the Plan for C class total daily extraction limit and basic landholder rights in Zone 4.

(e) In Zone 5:

(i) in very low flows, the flow occurring in this zone minus 0.19 ML/day, minus the very low flow access permitted under clause 61A of this plan, and

Note: 0.19 ML/day is the amount of water estimated at the commencement of the Plan for basic landholder rights in Zone 5.

(ii) for all flows above the very low flow class, the flow occurring in this zone minus 0.19 ML/day and minus the total extraction under all access licences in this zone.

(f) In Zone 6, the flow occurring in this zone minus 2.41 ML/day and minus the total extraction under all access licences in this zone.

Note: 2.41 ML/day is the amount of water estimated at the commencement of the Plan for basic landholder rights in Zone 6.

(2) Environmental health water is maintained as follows:

(a) In very low flows:

(i) in Zones 1 to 5, the holders of access licences are not permitted any access, except for access permitted under clause 61A of this plan,

(ii) access licence holders listed on Schedule 6 may have limited access to very low flows in accordance with clause 61A, and

(iii) persons exercising domestic and stock and native title rights may take a combined total of up to 0.5 ML/day in Zone 1, 0.88 ML/day in Zone 2, 0.82 ML/day in Zone 3, 1.5 ML/day in Zone 4, 0.19 ML/day in Zone 5 and 2.41 ML/day in Zone 6.

Note: The Minister may issue an Order under section 328 of the Act to restrict the exercise of domestic and stock rights from this water source to protect the environment for reasons of public health, or to preserve basic landholder rights.

(b) In A class, B class and C class flows:

(i) in Zones 1 to 4, the holders of access licences have restricted access to water as specified in clause 45,

(ii) persons exercising domestic and stock and native title rights may take water, and

(iii) if the water taken under domestic and stock and native title rights is assessed to be exceeding 0.5 ML/day in Zone 1, 0.88 ML/day in Zone 2, 0.82 ML/day in Zone 3, 1.5 ML/day in Zone 4, 0.19 ML/day in Zone 5 and 2.41 ML/day in Zone 6, the access to water for access licences will be reduced in accordance with clause 50 to maintain the environmental water in this flow class.

(c) In all flow classes, limits are imposed on the availability of water in accordance with clauses 35 and 37, that protect a proportion of natural river flows for fundamental ecological needs from increases in long-term water extraction.

Note: These rules protect the water for the environment by limiting both water extracted over the long-term and the rate of extraction of water in different flow ranges, thereby achieving the objectives of this Plan.

Note: This Plan recognises that the environmental health water provisions provide non-extractive benefits, including traditional Aboriginal spiritual, social, customary, cultural and recreational benefits, and contributes to improved water quality.