New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE CLARENCE RIVER UNREGULATED AND ALLUVIAL WATER SOURCES 2016 - REG 49

49 Granting or amending water supply work approvals

(1) A water supply work approval must not be granted or amended to authorise an in-river dam on a third order or higher stream within the following water sources:

(a) Aberfoyle River Water Source,

(b) Bielsdown River Water Source,

(c) Boonoo Boonoo Creek Water Source,

(d) Boyd River Water Source,

(e) Cataract River Water Source,

(f) Clarence Coastal Water Source,

(g) Coldstream Creek Water Source,

(h) Coombadjha Creek Water Source,

(i) Copmanhurst-Lower Mid Clarence Water Source,

(j) Dandahra Creek Water Source,

(k) Esk River Water Source,

(l) Guy Fawkes River Water Source,

(m) Henry River Water Source,

(n) Koreelah Creek Water Source,

(o) Little Nymboida River Water Source,

(p) Lower Mann River Water Source,

(q) Lower Nymboida River Water Source,

(r) Lower Orara River Water Source,

(s) Lower Timbarra River Water Source,

(t) Mid Mann River Water Source,

(u) Mid Nymboida River Water Source,

(v) Mid Orara River Water Source,

(w) Paddys Flat-Upper Clarence Water Source,

(x) Plumbago Creek Water Source,

(y) Sara-Oban Rivers Water Source,

(z) Sportsman Creek and Stockyard Creek Water Source,

(aa) The Gorges-Upper Mid Clarence Water Source,

(ab) Tooloom Creek Water Source,

(ac) Upper Mann River Water Source,

(ad) Upper Nymboida River Water Source,

(ae) Upper Timbarra River Water Source,

(af) Washpool Creek Water Source,

(ag) Wild Cattle Creek Water Source,

(ah) Wooli River Water Source,

(ai) Wooloweyah Lake Water Source.

Note : Water supply work approvals may be granted or amended for in-river dams on third order or higher streams within all water sources and management zones to which this Plan applies, other than those specified in subclause (1), consistent with the NSW Weirs Policy, the principles of the Act, the Fisheries Management Act 1994 and any other relevant legislation.

(2) If the sum of the share components of access licences nominating a water supply work that is a runoff harvesting dam or an in-river dam is reduced via:

(a) a dealing, or

(b) the surrender under section 77 of the Act of an access licence and then the subsequent cancellation of that access licence under section 77A (6) of the Act, or

(c) the amendment of the share component of the access licence by the Minister under section 68A of the Act, or

(d) the cancellation of an access licence under section 78 of the Act or via the compulsory acquisition of an access licence under section 79 of the Act,

the Minister may require the modification of the dam to ensure that the capability of the dam to capture water is reduced to reflect that reduction in share component.

Note : The Minister can require the modification of the dam 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.

(3) A water supply work approval must not be granted or amended to authorise the construction and/or use of a water supply work which is being used or is proposed to be used to take water from one of the following water sources and will have, in the Minister's opinion, more than minimal impact on any wetland to which State Environmental Planning Policy No 14--Coastal Wetlands applies:

(a) the Angourie-Redcliffe and Sandon Rivers Water Source,

(b) the Clarence Coastal Water Source,

(c) the Coldstream Creek Water Source,

(d) the Esk River Water Source,

(e) the Sportsman Creek and Stockyard Creek Water Source,

(f) the Wooli River Water Source.

Note : At the commencement of this Plan, the State Environmental Planning Policy No 14--Coastal Wetlands could be found on the NSW legislation website and information on the location of SEPP 14 wetlands could be found at the following address on the website of the NSW Office of Environment and Heritage: http://www.environment.nsw.gov.au/wetlands/WhereAreWetlands.htm

(4) Subclause (3) does not apply to a replacement surface water supply work.

(5) For the purposes of this Plan,
"replacement surface water supply work" means a water supply work that replaces an existing water supply work constructed and used for the purpose of taking water from one of these water sources where:

(a) the existing water supply work is authorised by a water supply work approval under the Act, and

(b) the replacement surface water work is to be constructed to extract water from the same water source and the same location as the existing water supply work.

Note : The mandatory conditions provisions of this Plan require water supply works that are abandoned or replaced to be decommissioned (unless otherwise directed by the Minister) and that the Minister is notified within sixty days of decommissioning. See clause 67 (1) (c) and (d).