New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE WYBONG CREEK WATER SOURCE 2003 - REG 70

70 Mandatory conditions on water supply works approvals

Approvals for water supply works for this water source shall have mandatory conditions to give effect to the following:

(a) extraction measurement devices:

(i) shall be installed and maintained on all works used for extraction of water under an access licence, and

(ii) shall be of a type and shall be maintained in a manner which is acceptable to the Minister,

(b) water extraction and property water management infrastructure details shall be provided to the Minister on request,

(c) it is the responsibility of the work approval holder to ascertain from the Minister the flow class at any time before commencing to take water under an access licence with an IDEL,

(d) notwithstanding all other rights and conditions, extraction of water from a river by an approved water supply work shall be permitted only when extraction is consistent with the provisions in clause 23, and, where necessary, the Minister will determine the location and method by which this shall be assessed to suit local circumstances,

(f) approvals for works used for taking water under an access licence include a condition that extraction under an access licence through the approved work is only authorised with respect to the access licences specified in the condition, and such access licences must be held or leased by the holder of the works approval,

(g) approvals for dams constructed or used for the storing of water include a requirements for the effective sealing of a dam base against leakage and shall include the requirements to supply:

(i) details of the work as set out in the appropriate form, and

(ii) a plan showing accurately the location of the work,

(h) if the water supply works are abandoned at any time, the approval holder must notify the Minister and ensure the works are appropriately removed and, in the case of water bores ensure the aquifer is abandoned to the specifications of the Minister,

(i) a water bore is only to be constructed by a driller licensed under section 349 of the Act,

(j) a water bore must comply with drilling standards as specified by the Minister,

(k) construction of a water bore must prevent contamination between aquifers through proper bore construction,

(l) a water bore approval holder must ensure decommissioning procedures comply with applicable standards as specified by the Minister,

(m) new or replacement water bore to access water for basic rights will be required, as a condition of approval, to be constructed to sufficient depth to maintain access to the water source for the life of the work,

(n) the water bore approval holder is, within 2 months of completion, or after the issue of the approval if the water bore is existing, to furnish to the Minister with:

(i) details of the work on the prescribed form,

(ii) a plan showing accurately the location of the work in relation to portion and property boundaries, and

(iii) details of any water analysis and/or pumping tests required by the Minister,

(o) if during the construction of the water bore, saline or contaminated water is encountered above the producing aquifer, such water is to be sealed off by:

(i) inserting the appropriate length(s) of casing to a depth sufficient to exclude the saline or contaminated water from the work, and

(ii) placing an impermeable seal between the casing(s) and the walls of the bore hole from the bottom of the casing to ground level, as specified by the Minister,

(p) if a water bore is abandoned, the water bore approval holder is to:

(i) notify the Minister that the work has been abandoned, and

(ii) seal off the aquifer by backfilling the work to ground level after withdrawing the casing (lining), as specified by the Minister,

(q) a water bore must comply with the relevant local impact management rules in Part 10 Division 4 of this Plan,

(r) notwithstanding the available water determination, it is the responsibility of the water bore approval holder to ascertain from the Minister whether or not there are in place any local impact restrictions before commencing to take water from this water source, and

(s) a water bore approval holder must supply to the Minister on request, and to the required standards, a report pertaining to the quality of the water obtained from the water bore.