New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE CLARENCE RIVER UNREGULATED AND ALLUVIAL WATER SOURCES 2016 - REG 45

45 Access rules for the taking of surface water

(1) This clause applies to the taking of water under an access licence from these water sources, excluding the taking of water:

(a) under an access licence used in association with an aquifer interference activity that is an approved EP&A Act development when:

(i) in the Minister's opinion, there are no reasonably practicable measures the access licence holder can take to comply with the access rules under this clause, and

(ii) the access licence holder has a water management plan for the aquifer interference activity, that has been approved in accordance with the development consent for the activity under the Environmental Planning and Assessment Act 1979 , and

(iii) the water management plan includes conditions that require the return of water to the water source to mitigate the taking of water during times when the access rules apply under this clause, or

(b) under an access licence used in association with an aquifer interference activity when:

(i) in the Minister's opinion, there are no reasonably practicable measures the access licence holder can take to comply with the access rules under this clause, and

(ii) the access licence holder has a water management plan for the aquifer interference activity that has been approved by the Minister, and

(iii) the water management plan includes conditions that require the return of water to the water source to mitigate the taking of water during times when the access rules apply under this clause, or

(c) from the Clarence River Coastal Floodplain Alluvial Groundwater Source, or

(d) from these upriver alluvial sediments.

Note :
"Approved EP&A Act development" is defined in the Dictionary.

(2) Subject to subclause (27), water must not be taken under an access licence with a share component that specifies a water source with a Very Low Flow Class that has commenced, when flows in that water source are in the Very Low Flow Class. This subclause does not apply to the taking of water from an off-river pool.

Note :
"Off-river pool" is defined in the Dictionary.

(3) Subject to subclause (27), water must not be taken under an access licence when there is no visible flow at the location at which water is proposed to be taken. This subclause does not apply to the taking of water from an in-river pool or an off-river pool.

Note :
"In-river pool" is defined in the Dictionary.

(4) Water must not be taken under an access licence specified in Column 1 of the table in Schedule 1 with a share component that specifies the water source in Column 2 of the table in Schedule 1 in contradiction of the access rule specified in Column 3 of the table in Schedule 1.

Note : Those former Water Act 1912 entitlements and the cease to take conditions that have been identified as being higher than the upper limit of the relevant Very Low Flow Class or the access rules specified in subclauses (2), (3), (6)-(20) are listed in Schedule 1.

(5) The cease to take condition that arises from subclause (4) only applies to water supply works that were nominated by the access licence at the commencement of this Plan.

Note :
"Cease to take condition" is defined in the Dictionary.

(6) The cease to take condition that arises from subclause (4) will apply to a water supply work nominated by an access licence that is granted as a result of a subdivision of the original access licence under section 71P (1) (a) of the Act, if that water supply work was nominated by the original access licence at the commencement of this Plan. For the purposes of this subclause, the original access licence will include the replacement access licence arising from the Water Act 1912 entitlement together with any subsequent access licences that may arise from future subdivisions of those licences.

Note :
"Water Act 1912 entitlement" is defined in the Dictionary.

(7) Subject to subclause (27), water must not be taken under an access licence from an off-river pool when the volume of water in that pool is less than the full capacity of the pool.

Note :
"Full capacity" is defined in the Dictionary.

(8) Subject to subclause (27), in water sources where flow classes have not commenced, water must not be taken under an access licence from an in-river pool when the volume of water in that pool is less than the full capacity of the pool.

(9) Subject to subclause (27), water must not be taken under an access licence with a share component that specifies the Acacia Creek Water Source for more than six hours/day when the flow in the Upper Acacia Creek at the staff gauge at Killarney Road is less than or equal to 3 ML/day. This subclause does not apply to the taking of water from an off-river pool.

(10) Subject to subclause (27), water must not be taken under an access licence with a share component that specifies the Alumy Creek Water Source when:

(a) the floodgates are closed, or

(b) for more than ten hours/day when the water level at the Staff gauge at Experimental Farms Lane is less than or equal to 0.2 AHD.

This subclause does not apply to the taking of water from an off-river pool.

(11) Subject to subclause (27), water must not be taken under an access licence with a share component that specifies the Bookookoorara Creek Water Source for more than eight hours/day when the water level at the staff gauge at Wallaroo Ridge Road is less than or equal to 0.285 m AHD. This subclause does not apply to the taking of water from an off-river pool.

(12) Subject to subclause (27), water must not be taken under an access licence with a share component that specifies the Copmanhurst-Lower Mid Clarence Water Source:

(a) for more than twelve hours/day when the flow in the Clarence River at the Lilydale (Newbold Crossing) gauge (204007) is less than or equal to 225 ML/day, or

(b) for a period of 24 hours after flows in the Clarence River at the Lilydale (Newbold Crossing) gauge (204007) first exceed 764 ML/day following any period during which flows in the Copmanhurst-Lower Mid Clarence Water Source were in the Very Low Flow Class.

This subclause does not apply to the taking of water from an off-river pool.

(13) Subject to subclause (27), water must not be taken under an access licence with a share component that specifies the Lower Nymboida River Water Source or the Lower Mann River Water Source for a period of 24 hours after flows in the Mann River at the Jackadgery gauge (204004) first exceed 181 ML/day following any period of 48 hours or more during which the flows were less than or equal to 64 ML/day. This subclause does not apply to the taking of water from an off-river pool.

(14) Subject to subclause (27), water must not be taken under an access licence with a share component that specifies the Lower Orara River Water Source:

(a) unless there is a flow of 40 ML/day or greater on the left bank of the Nymboida Power Station gauge (204073) or the right bank of the Nymboida Power Station gauge (204072), or

(b) for more than ten hours/day when flows in the Orara River at the Glenreagh gauge (204906) are less than 14 ML/day, or

(c) for a period of 24 hours after flows in the Orara River at the Bawden Bridge gauge (204041) first exceed 229 ML/day following any period during which the flows were less than or equal to 38 ML/day.

This subclause does not apply to the taking of water from an off-river pool.

(15) Subject to subclause (27), water must not be taken under an access licence with a share component that specifies the Mid Nymboida River Water Source:

(a) for more than twelve hours/day when flows in the Nymboida River at the Nymboida River gauge (204001) are less than or equal to 225 ML/day, and

(b) for a period of 24 hours after the flows in the Nymboida River at the Nymboida River gauge (204001) first exceed 455 ML/day following any period during which flows in the Mid Nymboida River Water Source were in the Very Low Flow Class.

This subclause does not apply to the taking of water from an off-river pool.

(16) Water must not be taken under a local water utility access licence with a share component that specifies the Mid Nymboida River Water Source when flows at the Nymboida River at Nymboida gauge (204001) are less than or equal to 225 ML/day.

(17) Subject to subclause (27), water must not be taken under an unregulated river access licence with a share component that specifies the Mid Orara River Water Source for a period of 24 hours after the flows in the Orara River at the Bawden Bridge gauge (204041) first exceed 229 ML/day following any period during which the flows were less than or equal to 38 ML/day. This subclause does not apply to the taking of water from an off-river pool.

(18) Subject to subclause (27), water must not be taken under an access licence with a share component that specifies the Paddys Flat-Upper Clarence Water Source for more than eight hours/day when the flow in the Clarence River at Tabulam gauge (204002) is less than or equal to 10 ML/day. This subclause does not apply to the taking of water from an off-river pool.

(19) Subject to subclause (27), water must not be taken under an unregulated river access licence with a share component that specifies The Gorges-Upper Mid Clarence Water Source:

(a) for more than twelve hours/day when the flows in the Clarence River at the Baryulgil gauge (204900) are less than or equal to 137 ML/day, or

(b) for a period of 24 hours after flows in the Clarence River at the Baryulgil gauge (204900) first exceed 248 ML/day following any period during which flows in The Gorges-Upper Mid Clarence Water Source were in the Very Low Flow Class.

(20) Subject to subclause (27), water must not be taken under an access licence with a share component that specifies the Upper Nymboida River Water Source for a period of 24 hours after flows in the Nymboida River at the Nymboida River gauge (204001) first exceed 337 ML/day following any period of 48 hours or more during which the flows were less than or equal to 185 ML/day in the Nymboida River at the Nymboida River gauge (204001). This subclause does not apply to the taking of water from an off-river pool.

(21) Subject to subclause (27), water must not be taken under an access licence with a share component that specifies the Upper Orara River Water Source:

(a) for more than ten hours/day when the flow at the Orara River at Orange Grove gauge (204068) is less than or equal to 12 ML/day, or

(b) for a period of 24 hours after the flows in the Orara River at the Orange Grove gauge (204068) first exceed 21 ML/day following any period during which flows in the Upper Orara River Water Source were in the Very Low Flow Class.

This subclause does not apply to the taking of water from an off-river pool.

(22) Water must not be taken under a local water utility access licence with a share component that specifies the Upper Orara River Water Source when flows at Orara River at the Karangi gauge (204025) are:

(a) less than or equal to 5 ML/day, or

(b) less than or equal to 15 ML/day, if the volume of water stored in Karangi Dam is greater than 3,650 ML, or

(c) less than or equal to 25 ML/day, if the volume of water stored in Karangi Dam is greater than 4,750 ML.

(23) Water must not be taken under an unregulated river (subcategory "Aboriginal community development") access licence with a share component that specifies one of the following water sources when the flows in that water source are in the Very Low Flow Class or A Class:

(a) Blicks River Water Source,

(b) Maryland River Water Source,

(c) Upper Orara River Water Source.

(24) Water must not be taken under an unregulated river (high flow) access licence with a share component that specifies one of the following water sources when flows in that water source are in the Very Low Flow Class, A Class or B Class:

(a) Copmanhurst-Lower Mid Clarence Water Source,

(b) Lower Mann River Water Source,

(c) Lower Orara River Water Source,

(d) Mid Orara River Water Source,

(e) Paddys Flat-Upper Clarence Water Source,

(f) Peacock Creek Water Source,

(g) Tooloom Creek Water Source.

(25) Water must not be taken under an access licence from:

(a) an in-river dam pool, or

(b) a runoff harvesting dam pool,

created by a structure authorised by a water supply work approval when flows or storage levels in that pool are at or less than a cease to take condition that was specified on the Water Act 1912 entitlement that the access licence replaces.

Note :
"In-river dam pool" is defined in the Dictionary.

(26) Water must not be taken from an in-river dam pool unless the in-river dam is:

(a) constructed, operated and maintained in accordance with any conditions specified on the water supply work approval for the in-river dam, and

(b) passing such flows in such circumstances as are specified on the water supply work approval for the in-river dam.

Note :
"In-river dam" is defined in the Dictionary.

(27) Subclauses (2), (3), (7)-(15) and (17)-(21) do not apply to the following:

(a) the taking of water under an access licence or an access licence which replaces a Water Act 1912 entitlement to which clause 1 of Schedule 2 applies, for any of the purposes listed below, provided that the volume of water taken does not exceed 20 kilolitres per day per access licence or such lower amount specified in accordance with subclause (28):

(i) fruit washing,

(ii) cleaning of dairy plant and equipment for the purpose of hygiene,

(iii) poultry watering and misting,

(iv) cleaning of enclosures used for intensive animal production for the purposes of hygiene,

(b) the taking of water for domestic consumption only under a domestic and stock access licence or a domestic and stock (subcategory "domestic") access licence that existed at the commencement of this Plan, provided that the volume of water taken does not exceed 1 kilolitre per house supplied by the access licence per day,

(c) the taking of water for stock watering only under a domestic and stock access licence or a domestic and stock (subcategory "stock") access licence:

(i) that existed at the commencement of this Plan, and

(ii) with a share component that specifies one of these water sources, excluding the Bielsdown River Water Source, the Blicks River Water Source, the Upper Nymboida River Water Source and the Wild Cattle Creek Water Source,

until Year 4 of this Plan, provided that the volume of water taken does not exceed 14 litres per hectare of grazeable area per day,

Note :
"Grazeable area" and
"Year 4 of this Plan" are defined in the Dictionary.

(d) the taking of water using a runoff harvesting dam or from an in-river dam pool,

Note :
"Runoff harvesting dam" is defined in the Dictionary.

(e) the taking of water under a local water utility access licence or an access licence of the subcategory "Town water supply" to which clause 2 of Schedule 2 applies,

(f) the taking of water under an access licence to which Schedule 1 applies.

(28) The Minister may reduce the maximum daily volume limit imposed by the rule under subclause (26) (a) if the Minister is satisfied that the reduced volume is satisfactory to meet the relevant purpose referred to in that subclause.

Note : The method by which the Minister can reduce the maximum daily volume limit is by amending the mandatory conditions of the relevant water supply work approval. Under section 102 (3) of the Act, the mandatory conditions of an approval may be imposed, amended, revoked or suspended by the Minister whenever it is necessary to do so in order to enable compliance with or to give effect to a relevant management plan.