New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE TARCUTTA CREEK WATER SOURCE 2003 - REG 74

74 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 the very low flow level measured at the flow reference point at the end of the water source being:

(a) less than 16 ML/day or greater than 23 ML/day on a rising river, and

(b) less than 13 ML/day or greater than 23 ML/day on a falling river.

(3) If the new flow level measured at the flow reference point at the end of the water source as varied by subclause (1) is greater than 18 ML/day, it will be introduced in the first year following the amendment under subclause (1).

(4) If the new flow level measured at the flow reference point at the end of the water source as varied by subclause (1) is greater than 18 ML/day, it will be introduced in the following stages:

(a) 18 ML/day for the first year following the amendment under subclause (1),

(b) 18 + [(new flow level − 18) ÷ 2] ML/day for the second year following the amendment under subclause (1), and

(c) the new flow level (ML/day) for the third year following the amendment under subclause (1), and for remaining years of this Plan.

(5) If the new flow level measured at the flow reference point at the end of the water source as varied by subclause (1) exceeds 19 ML/day, the TDEL for unregulated river access licences established at clause 46 (c) (ii) will be diminished according to the following rules:

(a) if the new flow level is 20 ML/day, the TDEL will be reduced from 25.8 ML/day to 24.8 ML,

(b) if the new flow level is 21 ML/day, the TDEL will be reduced from 25.8 ML/day to 23.8 ML,

(c) if the new flow level is 22 ML/day, the TDEL will be reduced from 25.8 ML/day to 22.8 ML, or

(d) if the new flow level is 23 ML/day, the TDEL will be reduced from 25.8 ML/day to 21.8 ML.

(6) If the very low flow and bottom of A Class levels measured at the flow reference point at the downstream end of the water source are amended in accordance with subclause (1), then the very low flow and bottom of A Class levels measured at Westbrook and Umbango in clause 17 will be amended to reflect the local flow levels representing the new flow level established at subclause (1).

(7) If the TDEL for unregulated river access licences is diminished under subclause (5), the TDEL established in clause 45 (b) will also be diminished to reflect this change.

(8) The IDELs of each unregulated river access licence will then be reduced to comply with the diminished TDEL under subclause (5).

(9) The Minister should cause the 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.

(10) The field verification should assess the degree to which the objectives in clause 11 (2) (b) and (c) of this Plan are met.

(11) In undertaking the 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 key interest groups determined by the Minister, and

(b) prepare a documenting:

(i) the methodology adopted,

(ii) the hypotheses tested,

(iii) the field results and conclusions in terms of the degree to which the objectives in clause 11 (2) (b) and (c) are met,

(iv) the flow level recommended to meet the objectives, and

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