New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE PHILLIPS CREEK, MOOKI RIVER, QUIRINDI CREEK AND WARRAH CREEK WATER SOURCES 2003 - REG 72

72 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 a variation of the very low flow levels specified in clause 17 (2) (a), other than the inclusion of an end of system flow specified as a cease to pump measured at the Mooki River at Ruvigne of not more than 50 ML/day for all access licences only nominating works downstream of Breeza.

(3) The Minister should cause the hydrologic analysis and 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 hydrologic analysis and field verification should assess the degree to which the very low flow class in the Mooki River is protected through to the end of the system.

(5) In undertaking the hydrologic analysis and 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 other interest groups as represented by the Catchment Management Board, and

(b) cause a report to be prepared documenting:

(i) the methodology adopted,

(ii) the hypotheses tested,

(iii) the analysis and field results and conclusions in terms of the degree to which the objective in subclause (4) is met,

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

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