New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE CLARENCE RIVER UNREGULATED AND ALLUVIAL WATER SOURCES 2016 - REG 17

17 Establishment and maintenance of planned environmental water

(1) Planned environmental water is established in these water sources as follows:

(a) it is the physical presence of water:

(i) in these connected water sources that results from the access rules specified in Division 2 of Part 8 of this Plan, and

Note : The rules in Division 2 of Part 8 of this Plan for these connected water sources set flow rates or flow levels below which the taking of water is not permitted. Some limited exemptions apply.

(ii) in the Clarence River Coastal Floodplain Alluvial Groundwater Source that is equal to 88% of the long-term average annual rainfall recharge in areas that are not high environmental value areas and 100% of the long-term average annual rainfall recharge in high environmental value areas, and

Notes :

1 At the commencement of this Plan the long-term average annual rainfall recharge for the Clarence River Coastal Floodplain Alluvial Groundwater Source is estimated to be 46,998 megalitres per year in those areas that are not high environmental value areas and 4,748 megalitres per year in high environmental value areas.

2
"High environmental value areas" and
"recharge" are defined in the Dictionary.

3 Part 12 allows for amendments to be made to increase the long-term average annual extraction limit for the Clarence River Coastal Floodplain Alluvial Groundwater Source during the term of this Plan. The maximum allowable increase in the long-term average annual extraction limit would result in a minimum of 75% of rainfall recharge being protected as planned environmental water over the long-term in areas that are not high environmental value areas and 100% of rainfall recharge being protected as planned environmental water over the long-term in high environmental value areas.

(iii) in the Clarence River Coastal Floodplain Alluvial Groundwater Source that is within the groundwater storage of the Clarence River Coastal Floodplain Alluvial Groundwater Source over the long term,

Note : Groundwater sources generally store large volumes of water, often accumulated over thousands or even tens of thousands of years. The amount of annual recharge is often very small compared to this stored volume. The average annual volume of water permitted to be extracted under the rules in this Plan is less than the average annual recharge of the Clarence River Coastal Floodplain Alluvial Groundwater Source over the long term, ensuring that water within the groundwater storage of the Clarence River Coastal Alluvial Groundwater Source is protected from extraction.

(b) it is the long-term average annual commitment of water as planned environmental water in:

(i) the Clarence River Unregulated and Upriver Alluvial Water Sources that results from the application of the long-term average annual extraction limit and compliance rules as specified in Division 1 of Part 6 of this Plan and the available water determination rules as specified in Division 2 of Part 6 of this Plan, and

(ii) the Clarence River Coastal Floodplain Alluvial Groundwater Source that is equal to 88% of the long-term average annual rainfall recharge in areas that are not high environmental value areas and 100% of the long-term average annual rainfall recharge in high environmental value areas, and

(iii) the Clarence River Coastal Floodplain Alluvial Groundwater Source that is within the groundwater storage of the Clarence River Coastal Floodplain Alluvial Groundwater Source over the long term,

(c) it is the water remaining in these water sources after water has been taken pursuant to basic landholder rights and access licences, in accordance with the rules specified in Parts 6 and 8 of this Plan.

Note : The water remaining in the Clarence River Coastal Floodplain Alluvial Groundwater Source over the long term after water has been taken pursuant to basic landholder rights and access licences is equal to the water within the groundwater storage plus all recharge in excess of the long-term average annual extraction limit for the Clarence River Coastal Floodplain Alluvial Groundwater Source.

(2) The planned environmental water established under subclause (1) (a) is maintained in:

(a) the Clarence River Unregulated and Upriver Alluvial Water Sources by the rules specified in Division 2 of Part 8 of this Plan, and

(b) the Clarence River Coastal Floodplain Alluvial Groundwater Source by the rules specified in Parts 6 and 8 of this Plan.

(3) The planned environmental water established under subclause (1) (b) is maintained in these water sources by the application of the long-term average annual extraction limit and compliance rules as specified in Division 1 of Part 6 of this Plan and the available water determinations as specified in Division 2 of Part 6 of this Plan.

(4) The planned environmental water established under subclause (1) (c) is maintained in these water sources by the rules specified in Parts 6 and 8 of this Plan.

Note : The rules in Part 6 of this Plan ensure that there will be water remaining in these water sources over the long term by maintaining compliance with the long-term average annual extraction limits. The rules in Part 6 of this Plan provide for a reduction in available water determinations when the long-term average annual extraction limits have been assessed to have been exceeded.