New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE PATERSON REGULATED RIVER WATER SOURCE 2007 - REG 62

62 Amendment of Planned Environmental Water

(1) The Minister may, under section 45 (1) (b) of the Act, during the term of this Plan, amend the minimum flow targets established by clause 14 (1) (c) for end of system flows, based on further studies of the environmental requirements of the estuary.

Note: The studies referred to in clause 62 (1) may include studies undertaken in the Hunter River, Paterson River or Wallis Creek Tidal Pools as specified within the Water Sharing Plan for the Hunter Unregulated and Alluvial Water Sources 2007 (under development).

(2) Any variation made under subclause (1) should not result in the minimum flow targets exceeding the combined volume as specified in clause 14 (1) (c) of this Plan.

(3) The Minister may, under section 45 (1) (b) of the Act, during the term of this Plan, amend the volume of water established by clause 14 (1) (e) for the environmental contingency allowance, and the carryover provisions established in clause 14 (1) (i) based on further studies on the appropriate use and amount of water required for releases under this allowance.

(4) Any variation made under subclause (3) should not result in the environmental contingency allowance being greater than 2000 ML.

Note: Subclause (3) allows for the volume of the Environmental Contingency Allowance (ECA) and the carryover rules for the ECA to be reviewed. If the studies result in a reduction in the ECA to less than 2000ML, then carryover provisions may be introduced to allow for banking of the ECA to provide for a maximum of 2000 ML being available in any year.

(5) In undertaking the review of studies specified in subclauses (1) and (3) the Minister should:

(a) consult with the Department of Primary Industries, the Department of Environment and Climate Change, and other representatives of interest groups as required, and

(b) prepare a report documenting the:

(i) studies reviewed,

(ii) socio-economic impacts of the recommended changes, and

(iii) degree to which any proposed change meets the objectives in clauses 10 (g) and 10 (k) of this Plan.