New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE MANDAGERY CREEK WATER SOURCE 2003 - REG 73

73 Amendment of very low flow provisions

(1) The Minister may, under section 45 (1) (b) of the Act and by notice published in the NSW Government Gazette, vary the very low flow levels established in clause 17 and consequently the bottom of A class established in clause 17, following field verification.

(2) Any variation made under subclause (1) should not result in the very low flow level in:

(a) Zone 1 being less than 1.2 or greater than 1.7 ML/day,

(b) Zone 2 being less than 3.5 or greater than 4.6 ML/day,

(c) Zone 3 being less than 4.2 or greater than 5.5 ML/day,

(d) Zone 4 being less than 10 or greater than 14 ML/day, and

(e) Zone 5 being less than 3.7 or greater than 4.8 ML/day.

(3) The Minister should cause the field verification in subclause (1) to be undertaken as soon as practical, but before the review of this Plan under section 43 (2) of the Act.

(4) The field verification should assess the degree to which the following objectives of the Water Quality and River Flow Interim Environmental Objectives (NSW Government 1999) are met:

(a) Objective 1-to protect water levels in natural river pools and wetlands during periods of no flow, and

(b) Objective 2-to protect natural low flows.

(5) In undertaking the field verification the Minister should:

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

(b) prepare a report documenting:

(i) the methodology adopted,

(ii) the hypotheses tested,

(iii) the field results and conclusions in terms of the degree to which the objectives in subclause (4) are met,

(iv) the flow level recommended to meet the objectives in subclause (4), and

(v) the socio-economic impacts of recommended changes to the flow level.