New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE OURIMBAH CREEK WATER SOURCE 2003 - REG 35

35 Long-term average annual extraction limit

(1) For this unit there will be separate long-term average annual extraction limits applying to extractions under:

(a) basic landholder rights and access licences, other than those local water utility licences held by Gosford and Wyong Councils, and

(b) local water utility access licences held by Gosford and Wyong Councils (hereafter "the local water utility long-term average annual extraction limit").

(2) The long-term average annual extraction limit established under subclause (1) (a) is equal to the total of:

(a) the sum of share components of access licences in the Ourimbah Creek Water Source at the commencement of the Water Sharing Plan for Ourimbah Creek Water Source 2003 , excluding local water utility entitlements held by Gosford and Wyong Councils,

(b) an estimate of annual extraction of water under domestic and stock rights and native title rights in the Ourimbah Creek Water Source at the commencement of the Water Sharing Plan for Ourimbah Creek Water Source 2003 ,

(c) the sum of share components of access licences not held by Gosford and Wyong Councils, that have been issued for the purposes of stormwater harvesting in the Unit, and

(d) the sum of share components of access licences granted under clause 19 of the Regulation in all water sources, excluding local water utility access licences granted to Gosford and Wyong Councils.

(3) The local water utility long-term average annual extraction limit established under subclause (1) (b) is equal to 36,750 ML/year minus:

(a) the long-term average annual extraction under local water utility access licences held by Gosford City Council and Wyong Shire Council in the Gosford Extraction Management Unit, and

(b) the long-term average annual extraction under local water utility access licences held by Gosford City Council and Wyong Shire Council in any groundwater source, where the groundwater taken is not being passed through Mardi Water Treatment Plant.

Note: Water flowing from Hunter Water Corporation to Gosford/Wyong Councils will be accounted against the local water utility LTAAEL in the Tuggerah Lakes EMU. Water transferred from Gosford/Wyong Councils to Hunter Water Corporation will be accounted against the major utility LTAAEL in the Hunter EMU.

Note: The LTAAEL of 36,750 ML/year is based on demand projections to 2013. This is the expected date that releases will commence from Tillegra Dam and upgrade works will be finalised for Grahamstown Dam. At this time operation of the water supply system will vary and a number of relevant plan provisions within the Water Sharing Plan for the Hunter Unregulated and Alluvial Water Sources and this Plan will need to be reviewed to determine their appropriateness in line with the new operations.

Note: Any groundwater extraction that is being passed through Mardi Water Treatment Plant will effectively be counted as surface water extraction against the LTAAEL.

(4) After commencement of releases from Tillegra Dam or after 1 July 2013, whichever occurs sooner, the local water utility long-term average annual extraction limits established under subclause (3) for this Unit will be reviewed, taking into consideration:

(a) instream habitat and estuary requirements, and

(b) local water utility long-term demand requirements.

(5) The Minister may, amend the local water utility long-term average annual extraction limit specified in subclause (3) in accordance with the outcomes of the review specified in subclause (4).

(6) The Minister may amend subclause (1) (b) and the local water utility long-term average annual extraction limit specified in subclause (3) following the granting of access licences to Gosford or Wyong Councils for the purpose of stormwater harvesting.

(7) The Minister may amend the local water utility long-term average annual extraction limit specified in subclauses (3) in accordance with the outcomes of the review specified in clause 36A (10) of this Plan.