New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE UPPER AND LOWER NAMOI GROUNDWATER SOURCES 2003 - REG 39

39 Protection of groundwater dependent ecosystems

(1) Extraction of groundwater from a new or replacement water supply work (bore) is excluded within 100 metres of high priority groundwater dependent ecosystems, or any creek or river, or where impact may occur on Aboriginal cultural heritage values for those exercising basic landholder rights, and 200 metres for extraction authorised by all other access licences, unless the water supply work (bore):

(a) only draws water from an aquifer at depths as approved by the Minister, and

(b) has an impermeable seal, as specified by the Minister, constructed within the bore to isolate aquifers preventing water ingress from the restricted aquifer.

Note: Subclause (1) will not apply to extraction from an existing work until such time as the work is replaced.

(2) High priority groundwater dependent ecosystems are listed in Schedule 4.

(3) The Minister may, under section 45 (1) (b) of the Act, identify further high priority groundwater dependant ecosystems and include them in Schedule 4 after 30 June 2010, based on further studies of groundwater dependency undertaken by the Minister.

(4) The Minister should consult with the Minister for the Environment before adding further high priority groundwater dependent ecosystems to Schedule 4.