New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE TOMAGO TOMAREE STOCKTON GROUNDWATER SOURCES 2003 - REG 38

38 Protection of groundwater dependent ecosystems

(1) Extraction of groundwater from a new or replacement water supply work (bore), except for a replacement water supply work (bore) that is part of a bore network, is excluded within 40 metres of high priority groundwater dependent ecosystems, or any river.

(2) The location and rate of extraction from a new or replacement water supply work (bore) outside of high priority groundwater dependent ecosystems, except for a replacement water supply work (bore) that is part of a bore network, shall be such that there is negligible drawdown at the outside edge of the 40 metre buffer zone as determined by the Minister.

(3) High priority groundwater dependent ecosystems include the following, as shown in Schedule 5:

(a) swamp forest,

(b) swamp heath-woodland, and

(c) wetlands, including those that provide habitat for threatened species, such as Litoria aurea.

(4) Pursuant to section 45 (1) (b) of the Act, the Minister may identify further high priority groundwater dependent ecosystems and include them in Schedule 5 after July 1 2008 based on further studies of groundwater ecosystem dependency undertaken by the Minister.

(5) The Minister should consult with the Minister for the Environment before adding further high priority groundwater dependent ecosystems to Schedule 5.