New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE TARCUTTA CREEK WATER SOURCE 2003 - REG 21

21 Planned environmental water

(1) Environmental health water is identified and established as follows:

(a) In very low flows, the flow occurring in this water source minus 5.25 ML/day, minus the very low flow access permitted under clause 61A of this plan.

Note: 5.25 ML/ is the amount of water estimated at the commencement of this Plan for basic landholder rights, and low flow access under local water utility, domestic and stock, and unregulated river (Aboriginal cultural) access licences.

(b) In A class flows, the flow occurring in this water source minus 31.05 ML/day.

Note: 31.05 ML/day is amount of water estimated at the commencement of this Plan for A class total daily extraction limit and basic landholder rights.

(c) In B class flows, the flow occurring in this water source minus 37.55 ML/day.

Note: 37.55 ML/day is amount of water estimated at the commencement of this Plan for B class total daily extraction limit and basic landholder rights.

(d) In C class flows, the flow occurring in this water source minus 47.05 ML/day.

Note: 47.05 ML/day is amount of water estimated at the commencement of this Plan for C class total daily extraction limit and basic landholder rights.

(2) Environmental health water is maintained as follows:

(a) In very low flows:

(i) the holders of access licences, other than as provided for in subclauses (2) (a) (ii) and (2) (a) (iii), are not permitted any access,

(ii) access licence holders listed on Schedule 6 may have limited access to very low flows in accordance with clause 61A,

(iii) the holders of domestic and stock, local water utility and unregulated river (Aboriginal cultural) access licences may take water in very low flows, up to a total of 0.85 ML/day, and

(iv) persons exercising native title and domestic and stock rights may take a combined total of up to 4.4 ML/day.

Note: In times of severe water shortage the Minister may issue an Order under section 60 (2) of the Act which suspends the provisions of this Plan and the priorities it establishes.

Note: The Minister may issue an Order under section 328 of the Act to restrict the exercise of domestic and stock rights from this water source to protect the environment for reasons of public health, or to preserve basic landholder rights.

(b) In A class flows:

(i) the holders of access licences have restricted access to water as specified in clause 45,

(ii) persons exercising domestic and stock and native title rights may take water, and

(iii) if the water taken under domestic and stock and native title rights is assessed to be exceeding 4.4 ML/day in this flow class the access to water for unregulated river access licences will be reduced in accordance with clause 50 to maintain the environmental water in this flow class.

(c) In B class flows:

(i) the holders of access licences have restricted access to water as specified in clause 45,

(ii) persons exercising domestic and stock and native title rights may take water, and

(iii) if the water taken under domestic and stock and native title rights is assessed to be exceeding 4.4 ML/day in this flow class the access to water for unregulated river access licences will be reduced in accordance with clause 50 to maintain the environmental water in this flow class.

(d) In C class flows:

(i) the holders of access licences have restricted access to water as specified in clause 45,

(ii) persons exercising domestic and stock and native title rights may take water, and

(iii) if the water taken under domestic and stock and native title rights is assessed to be exceeding 4.4 ML/day in this flow class the access to water for unregulated river access licences will be reduced in accordance with clause 50 if this is necessary to maintain the environmental water in this flow class.

(3) In all flow classes, limits are imposed on the availability of water in accordance with clauses 35 and 37, that protect a proportion of natural river flows for fundamental ecological needs from increases in long-term water extraction.

Note: These rules protect the water for the environment by limiting both the long-term average extraction, and the rate of extraction of water in different flow ranges, thereby achieving the objectives of this Plan.

Note: This Plan recognises that the planned environmental water provisions provide non-extractive benefits, including traditional Aboriginal spiritual, social and cultural benefits, and improved water quality.