New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE TOMAGO TOMAREE STOCKTON GROUNDWATER SOURCES 2003 - REG 36

36 Water level management

(1) The Minister may declare that, in order to protect water levels within these groundwater sources, local access rules are to apply in a defined area known as a local impact area.

(2) In any local impact area identified under subclause (1), extraction from a water supply work (bore) nominated by an access licence, not being extraction authorised by a water supply work approval granted to the holder of a major utility access licence, shall be restricted, based on evaluations from monitoring bores or other predictive models where monitoring bores are not installed, as follows:

(a) when groundwater levels remain above, or recover to, the 80% exceedance level, extraction from water supply works (bores) nominated by an access licence in the area will be in accordance with the water supply work approval and access licence conditions, and annual available water determinations,

(b) when groundwater levels are between the 80% and the 90% exceedance levels, quarterly volumes extracted from water supply works (bores) nominated by an access licence in the affected area shall not exceed the access licence share component times 0.2 megalitres,

(c) when groundwater levels are between the 90% and the 95% exceedance level, quarterly volumes extracted from water supply works (bores) nominated by an access licence in the affected area shall not exceed the access licence share component times 0.125 megalitres, and

(d) when groundwater levels are at or below the 95% exceedance level, extraction shall cease from water supply works (bores) in the affected area nominated by an access licence.

(3) Notwithstanding the provisions of subclause (2), the Minister may, upon application by an access licence holder, vary the particular extraction restrictions for such period as may be required for the irrigation of permanent plantings or in cases where the extraction of groundwater is essential for continuation of any industrial or commercial operations and where a cease to pump direction would result in significant social or economic consequences.

(4) Any variation approved by the Minister in accordance with subclause (3) must ensure that the integrity of any associated groundwater dependent ecosystem is not compromised, that water quality is not threatened, and that other authorised water users are not adversely impacted.

(5) The preceding subclauses do not apply to major utility access licences.

(6) The water level management rules for the major utility access licences are set out in Schedule 6.

Note: Water supply work (bore) approval and access licence holders will be advised as soon as possible if extraction restrictions are going to apply in accordance with this subclause.

Note: This clause recognises that in some locations, at certain periods of high groundwater demand, critical water level declines may occur, and that additional extraction limitations may be required. The Department of Land and Water Conservation will identify monitoring bores, and determine the method for specifying an affected area.