New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE TENTERFIELD CREEK WATER SOURCE 2003 - REG 75

75 Environmental review of provisions allowing access to very low flows and pools

(1) The Minister may, under section 45 (1) (b) of the Act and by notice published in the NSW Government Gazette, delete clause 62A and Schedule 6, following a review of the environmental effects of pumping on the health of the water source, including the pools.

(2) The review established in subclause (1) shall:

(a) be undertaken as part of the review of this Plan under section 43 (2) of the Act, and

(b) assess the environmental effects on the overall health of the water source and specifically on the pools, of pumping from the very low flows and pools during times of access under clause 62A.

(3) In undertaking the review, the Minister should:

(a) consult with the NSW Environment Protection Authority, NSW Fisheries, NSW Agriculture, and the NSW National Parks and Wildlife Service,

(b) consult with representatives of key interested parties incorporating consideration and documentation of socio-economic impacts of possible deletion of the access conditions established at clause 62A, and of Schedule 6, and

(c) prepare a report documenting:

(i) the methodology adopted,

(ii) the field results and conclusions in terms of the degree to which pumping from pools in accordance with clause 62A could be damaging to the environment and ecology of the water source, and

(iii) the socio-economic impacts of ceasing access to very low flows provided for in clause 62A.

(4) In the event that the findings and results of the report referred to at subclause (3) (c) indicate that the access conditions established at clause 62A are such that no more than minimal harm is occurring to the water source, then access to very low flows should remain in place up to the end of year 8 of the Plan.

(5) In the event that the findings and results of the report referred to at subclause (3) (c) indicate that the access conditions established at clause 62A are such that unacceptable harm is occurring to the water source then access to very low flows should cease at the end of year 5 of the Plan.