New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE NSW GREAT ARTESIAN BASIN GROUNDWATER SOURCES 2008 - REG 29

29 Rules for granting or amending water supply works approvals

(1) This clause is made in accordance with sections 21 (b) and (d).

(2) The Minister shall not grant an approval or amend an approval, which is to be used to take water under a local water utility or town water supply access licence, where the proposed water supply work for a water bore is proposed to be located within:

(b) 5 km of high priority groundwater dependent ecosystems listed in Schedule 4 in the Eastern Recharge and Southern Recharge Groundwater Sources, and

(c) 50 km of high priority groundwater dependent ecosystems listed in Schedule 4 in the Surat, the Warrego and the Central Groundwater Sources.

(3) The Minister shall not grant an approval or amend an approval for a water supply work for a water bore, which is to be used to take water under basic landholder rights, or grant an approval or amend an approval for a water supply work for a water bore, which is to be used to take water under an access licence(s), other than a water supply work for a water bore, which is to be used to take water for a local water utility or town water supply access licence, where the bore is proposed to be located within:

(a) 50 kilometres of any high priority groundwater dependent ecosystem listed in Schedule 4 in the Surat, Warrego or Central Groundwater Sources, or

(b) 5 kilometres of any high priority groundwater dependent ecosystem listed in Schedule 4 in the Eastern or Southern Recharge Groundwater Sources for a water bore which may extract more than 20 ML/year under basic landholder rights, a supplementary water access licence or an access licence in total, or

(c) 1 kilometres of any high priority groundwater dependent ecosystem listed in Schedule 4 in the Eastern or Southern Recharge Groundwater Sources for a water bore which may not extract more than 20 ML/year under basic landholder rights, a supplementary water access licence or an access licence in total, or

(d) 200 meters from a 3rd order or higher watercourse in the Eastern or Southern Recharge Groundwater Sources, or

(e) 500 meters of an approved water supply work for a water bore which may extract more than 20 ML/year under basic landholder rights, a supplementary water access licence or an access licence in total, or

(f) 100 meters of an approved water supply work for a water bore which may not extract more than 20 ML/year under basic landholder rights or access licence or an access licence in total, or

(g) 200 meters of the applicant’s landholding boundary.

(4) Where the distance conditions specified in subclauses (2) or (3) cannot be met, the Minister may grant a works approval provided:

(a) a hydrogeological study undertaken by the applicant, that the Minister determines is adequate, demonstrates that there is minimal potential for unacceptable adverse impacts on:

(i) any high priority groundwater dependent ecosystem listed in Schedule 4 in the Surat, Warrego or Central water source, or

(ii) any 3rd order or higher watercourse in the Eastern or Southern Recharge Groundwater Sources, or

(iii) the aquifer, or

(iv) extraction from other approved water supply works for water bores in the area,

(b) all potentially impacted holders of water supply works approved for water bores have been notified by the proponent, and

(c) a condition is imposed on the approval to provide for a process of remediation in the event that unacceptable adverse impact occur in the future.

(5) The Minister may vary this Plan to amend the distance restrictions in subclauses (2) and or (3) or add additional restrictions to minimise potential impacts on groundwater dependant ecosystems, the aquifer or neighbouring water bores after year 5 of this Plan.

(6) The Minister may vary Schedule 4 of this Plan after year 5 of this Plan based on further studies of groundwater ecosystem dependency acceptable to the Minister.

(7) The Minister must not grant an approval, amend an approval, or consent to the nomination of a water supply work for a water bore on an access licence, where a proposed water supply work for a water bore is proposed to be located within 500 meters of a contamination source as listed in Schedule 4 or other contamination source identified by a site inspection through other relevant information provided to the Minister unless the proponent demonstrates to the Minister’s satisfaction that construction of and extraction from water supply work for a water bore will not:

(i) result in harm to the groundwater source, or

(ii) impact on the environment, or

(iii) cause a threat to public health as determined by the Minister for Health.

(8) Subclause (7) does not apply to a water supply works that is a bore used for monitoring, environmental management purposes or remedial works.

(9) The Minister may vary Schedule 3 of this Plan to add or remove contaminated sites at any time.

(10) The Minister shall not grant an approval for a water supply work that is a water bore, amend an approval, or consent to a nomination of a work for a water bore on an access licence in the Eastern Recharge Zone until entitlements have been reduced under clause 27 (1) or year 6 of the plan, whichever is the sooner.

(11) The Minister shall not grant an approval for a water supply work that is a water bore, amend an approval, or consent to a nomination of a work for a water bore on an access licence where the taking of water would result in a predicted cumulative drawdown by all approved water supply works for water bores in the area in excess of 10% of the potentiometric surface at the commencement of this Plan at the state border with Queensland or South Australia, without consulting the respective state government minister.

(12) Clauses (2)-(6), 10 and 11 do not apply if the application is to amend a water supply work approval to construct a water bore to replace the water bore originally constructed in accordance with the approval where that replacement water bore is to be constructed within 20 meters of the existing water bore and it has an internal diameter no greater than 110 percent of the internal diameter of the bore it replaces.