New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE WYBONG CREEK WATER SOURCE 2003 - REG 22

22 Planned environmental water

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

(a) in very low flows, the surface water flow occurring in this water source, minus the very low flow access permitted under clause 66A of this plan, plus the groundwater storage component of this water source, plus 100% of the groundwater recharge, minus 1.8 ML/day,

Note: 1.8 ML/day is the amount of water estimated at the commencement of the Plan for basic landholder rights. At the time of making this Plan there were no access licences with very low flow access.

(b) in B class flows, the surface water flow occurring in this water source, plus the groundwater storage component of this water source, plus 50% of the groundwater recharge, minus 8.8 ML/day,

Note: 8.8 ML/day is the amount of water estimated at the commencement of the Plan for B class total daily extraction limits and basic landholder rights.

(c) in C class flows, the surface water flow occurring in this water source, plus the groundwater storage component of this water source, plus 30% of the groundwater recharge, minus 15.3 ML/day,

Note: 15.3 ML/day is the amount of water estimated at the commencement of the Plan for C class total daily extraction limits and basic landholder rights.

(d) in D class flows, the surface water flow occurring in this water source, plus the groundwater storage component of this water source, plus 30% of the groundwater recharge, minus 21.8 ML/day,

Note: 21.8 ML/day is the amount of water estimated at the commencement of the Plan for D class total daily extraction limits and basic landholder rights.

(e) in E class flows, the surface water flow occurring in this water source, plus the groundwater storage component of this water source, plus 30% of the groundwater recharge, minus 38.8 ML/day, and

Note: 38.8 ML/day is the amount of water estimated at the commencement of the Plan for E class total daily extraction limits and basic landholder rights.

(f) on a rising river, the daily flow for 24 hours after an upper flow level specified in clause 17 (a) to (c) is exceeded, minus the total daily extraction limit (hereafter "TDEL") for the flow class that occurred prior to the flow level being exceeded as specified in clause 46 (1), minus the provision for basic landholder rights specified in clauses 27 and 28.

Note: This provision ensures the first flush of a rising river is allowed to pass before increased water extraction can commence.

(2) The planned environmental water in subclause (1) may be amended, as specified in clause 76.

(3) Environmental health water is maintained as follows:

(a) in very low flows:

(i) the holders of access licences, except for those listed in Schedule 6, are not permitted to access any water,

(ii) access licences listed in Schedule 6 have restricted access to water as specified in clause 66A, and

(iii) persons exercising domestic and stock and native title rights may take a combined total of up to 1.8 ML/day,

Note: The Minister may issue an Order under section 328 of the Act to restrict the exercise of domestic and stock rights from this water source to protect the environment, for reasons of public health, or to preserve basic landholder rights.

(b) in B class, C class, D class and E class flows:

(i) the holders of access licences have restricted access to water as specified in clause 46,

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

(iii) if the water taken under domestic and stock and native title rights is assessed to be exceeding 1.8 ML/day in this flow class the access to water for access licences will be reduced in accordance with clause 51 to maintain the planned environmental water in this flow class,

(c) in all flow classes, limits are imposed on the availability of water in accordance with clauses 36 and 38, that protect a proportion of both natural river flows and the average annual recharge of the aquifer for fundamental ecological needs from increases in long-term water extraction,

(d) on a rising river, for 24 hours after an upper flow level specified in clause 17 (a) to (c) is exceeded, the holders of access licences may only extract the TDEL for the flow class that occurred prior to the flow level being exceeded as specified in clause 46 (1),

(f) the Minister may:

(i) within twelve months of gazettal of this Plan, identify pools in the rivers in the water source that require special protection and establish initial pool control levels at key sites,

(ii) consult with appropriate Government Departments and water users in the water source in establishing the control levels in subclause (i),

(iii) determine that, notwithstanding all other rights and conditions, extraction of water from a designated pool is not permitted below a specified level, and

(iv) pursuant to section 45 (1) (b) of the Act, review the initial pool control levels in accordance with clause 76.

Note: These rules protect the water for the environment by limiting both the water extracted over the long term, and the rate of extraction of water in different flow ranges, and by limiting extraction from the alluvial aquifer to a percentage of the annual average recharge, thereby achieving the objectives of this Plan.

Note: This Plan recognises that the planned environmental water provisions provide non-extractive benefits including, traditional Aboriginal spiritual, social, customary and cultural benefits, and contribute to improved water quality.