New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE STUARTS POINT GROUNDWATER SOURCE 2003 - REG 38

38 Water quality management

(1) The beneficial uses of this groundwater source are:

(a) raw water for drinking, and

(b) ecosystem protection,

based on the Australian and New Zealand Environment and Conservation Council Water Quality Guidelines 2001 , and the National Health and Medical Research Council Raw Water for Drinking Purposes Guidelines 1996 .

(2) Pursuant to subclause (1), water quality decline will be deemed unacceptable if extraction is likely to cause water quality to decline to a lower beneficial use class.

Note: It is not recommended that the groundwater from this water source be consumed without prior treatment. Land use activities may have polluted the groundwater in some areas.

(3) The Minister may declare that, in order to protect water quality within this groundwater source, local access rules are to apply in a defined area known as a local impact area.

(4) If water quality declines are resulting from extraction, extraction from all water supply works (bores) within a local impact area declared under subclause (3) nominated by an access licence will be restricted to such an extent and for such time as required to halt that decline, or restore the beneficial use of this groundwater source.

(5) Construction of a new water supply work (bore) will not be permitted:

(a) within 100 metres of a contamination source, unless the proponent can demonstrate to the Minister’s satisfaction that a lesser distance will result in no more than minimal harm to this groundwater source, and that extraction will not impact on the environment or cause a threat to public health as advised by the Minister for Health, or

(b) within a greater distance than in subclause (a) nominated by the Minister in order to ensure that no more than minimal harm will occur to this groundwater source, and that extraction will not impact on the environment or cause a threat to public health as advised by the Minister for Health.

(6) An existing water supply work (bore) within 100 metres of a contamination source will be able to continue extraction of groundwater at levels equivalent to 2003 access licence share components, subject to any restrictions arising from subclause (4).

(7) Extraction of groundwater from a new water supply work (bore) nominated by an access licence, between 100 and 200 metres of a contamination source, will require:

(a) an application to the Minister by the licence holder providing evidence that no drawdown of the watertable within 100 metres of the contamination source will occur,

(b) the Minister to assess the application as adequate, and

(c) the Minister to approve the application.

(8) Schedule 4 lists contamination sources in this groundwater source.

(9) Subclauses (5), (6) and (7) may be applied by the Minister in relation to contamination sources not on Schedule 4, based on the results of a site inspection or other relevant information provided to the Minister.

(10) Pursuant to section 45 (1) (b) of the Act, the Minister may vary Schedule 4 by inclusion or deletion of a contamination source based on the results of a site inspection or other relevant information provided to the Minister on that contamination source.

Note: Schedule 4 is only to be used in relation to the granting of access licences and water supply work (bore) approvals under the Water Management Act 2000 .