New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE TOMAGO TOMAREE STOCKTON GROUNDWATER SOURCES 2003 - REG 37

37 Water quality management

(1) The beneficial use of these groundwater sources is raw water for drinking and ecosystem protection.

Note: There are localised areas within these groundwater sources where the beneficial use is of a lower class because of the impacts of surface activities. It is not recommended that water direct from these groundwater sources be consumed by humans without prior treatment. Land use activities may have resulted in pollution of the groundwater in some areas.

(2) Water quality decline will be deemed unacceptable if extraction causes, or is likely to cause, water quality to decline to a lower beneficial use class, as prescribed within the framework described in the NH&MRC/ARMCANZ Australian Drinking Water Guidelines (1996), and the ANZECC/ARMCANZ Guidelines for Fresh and Marine Water Quality (2000).

(3) The Minister may declare that, in order to protect water quality within these groundwater sources, local access rules are to apply in a defined area known as a local impact area, and an unacceptable decline in water quality will be based on:

(a) a site inspection, and

(b) water analysis from bores within the local impact area.

(4) If water quality decline is 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 the groundwater source.

(5) In the case of subclause (4), the Minister may:

(a) impose by Order a reduction in yearly, quarterly, or weekly extraction on holders of access licences in the affected areas, and

(b) undertake to monitor for changes using monitoring bores and assess if further extraction limitations are necessary.

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

(7) 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 the 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) that the Minister nominates in order to ensure that no more than minimal harm will occur to the 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.

(8) 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 2002/03 access licence share components nominating that work, subject to any restrictions arising from subclause (4).

(9) Extraction of groundwater from a new water supply work (bore) for any purpose except basic landholder rights between 100 metres and 500 metres of a contamination source, will require:

(a) an application to the Minister by the licence holder providing evidence that no drawdown of the groundwater 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.

(10) Schedule 4 lists contamination sources in these groundwater sources.

(11) Subclauses (7), (8) and (9) 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.

(12) 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 .