New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE UPPER AND LOWER NAMOI GROUNDWATER SOURCES 2003 - REG 36

36 Extraction interference between neighbouring bores

(1) With the exception of a water supply work (bore) for the supply of basic landholder rights only, applications for a new water supply work (bore) within 100 metres of any bores for the supply of basic landholder rights, will require an investigation by the proponent of the potential impact on neighbouring bores.

(2) A new water supply work (bore) to exercise basic landholder rights will be required to be drilled to sufficient depth to maintain long-term access to the water source.

(3) A minimum distance of 400 metres is to be maintained between all new water supply works (bores), except for a replacement water supply work (bore) and those for the supply of basic landholder rights only.

(4) A new water supply work (bore) that is not a replacement water supply work (bore) shall be located no closer than 200 metres from a property boundary.

(5) Notwithstanding the provisions of subclauses (3) and (4), the Minister may, upon application by an access licence holder, vary the distance restrictions specified in subclauses (3) and (4) if:

(a) a hydrogeological study undertaken by the licence holder, assessed as adequate by the Minister, demonstrates minimal potential for adverse impact on existing licensed extraction, including consideration of cumulative impact,

(b) written consent is obtained by the applicant from adjacent landowners, and

(c) there is a process for remediation in the event that an adverse impact occurs in the future, specified as conditions on the licence.

(6) In the event that there is a dispute between neighbours as to whether the new licensee has had an impact on overall water security, the Minister reserves the right to impose, or amend licence conditions on any or all parties, and the Minister may impose additional requirements such as constructing an additional monitoring bore on the property boundary in order to establish conditions that limit the level of drawdown off-site.

(7) A new water supply work (bore) with the exception of a replacement water supply work (bore) or a water supply work (bore) for the supply of basic landholder rights only, cannot be constructed within a minimum distance of:

(a) 500 metres of a bore nominated by a local water utility access licence,

(b) 400 metres of a Departmental monitoring bore,

(c) 400 metres of a bore extracting from the Great Artesian Basin,

(d) 500 metres of a wetland, or

(e) 200 metres of a river.