New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE WANDELLA CREEK WATER SOURCE 2003 - REG 21

21 Planned environmental water

(1) Environmental health water is identified and established as follows:

(a) in very low flows, the flow occurring in this water source minus 0.1 ML/day, minus the very low flow access permitted under clause 62 of this plan,

Note: 0.1 ML/day is the amount of water estimated at the commencement of this Plan for basic landholder rights.

(b) in B class flows, the flow occurring in this water source minus 2.5ML/day, and

Note: 2.5 ML/day is amount of water estimated at the commencement of this Plan for B class total daily extraction limit and basic landholder rights.

(c) in C class flows, the flow occurring in this water source minus 3.1 ML/day,

Note: 3.1 ML/day is amount of water estimated at the commencement of this Plan for C class total daily extraction limit and basic landholder rights.

(d) in D class flows, the flow occurring in this water source minus 7.9 ML/day,

Note: 7.9 ML/day is amount of water estimated at the commencement of this Plan for D class total daily extraction limit and basic landholder rights.

(e) the first 24 hours of flow minus 0.2 ML/day, after the flow exceeds 2 ML/day, following 30 or more consecutive days of flows at or below 1 ML/day, is reserved for the environment.

(2) Environmental health water is maintained as follows:

(a) In very low flows:

(i) the holders of access licences, excluding access licences listed in Schedule 4, are not permitted any access,

(ii) if the flows have been less than 1 ML/day for 30 consecutive days, the holders of access licences, excluding access licences listed in Schedule 4, are not permitted any access for 24 hours after the flow has reached 2 ML/day, and

(iii) persons exercising native title and domestic and stock rights may take a combined total of up to 0.1 ML/day.

(b) In each of B class and C class flows:

(i) the holders of access licences have restricted access to water as specified in clause 45,

(ii) persons exercising native title and domestic and stock rights may take water, and

(iii) if the water taken under domestic and stock and native title rights is assessed to be exceeding 0.1 ML/day these flow classes the access to water for unregulated river access licences will be reduced in accordance with clause 50 to maintain the environmental water the flow classes.

(c) In all flow classes, limits are imposed on the availability of water in accordance with clauses 35 and 37, that protect a proportion of natural river flows for fundamental ecological needs from increases in long-term water extraction.

Note: These rules protect the water for the environment by limiting both the water extracted in the long term, and the rate of extraction of water in different flow ranges, and flushing flows through this water source, thereby achieving the objectives of this Plan.

Note: This Plan recognises that the planned environmental water provisions provide non-extractive benefits, including the protection of the traditional values of water to Aboriginal people, and improved water quality.