New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE CLARENCE RIVER UNREGULATED AND ALLUVIAL WATER SOURCES 2016 - REG 51

51 Rules to minimise interference between water supply works

(1) A water supply work approval must not be granted or amended to authorise the construction of a water supply work which, in the Minister's opinion, is or is proposed to be located within:

(a) 200 metres of a water supply work located on another landholding that is authorised to take water from one of these water sources and is nominated by another access licence, or

(b) 200 metres of a water supply work located on another landholding that is authorised to take water from one of these water sources pursuant to basic landholder rights only, or

(c) 100 metres from the boundary of the landholding on which the water supply work is located, unless the owner of the landholding adjoining the boundary has provided consent in writing, or

(d) 500 metres of a water supply work that is authorised to take water from one of these water sources and is nominated by a local water utility access licence or a major utility access licence, unless the licence holder has provided consent in writing, or

(e) 100 metres of a Department observation or monitoring bore, unless the Minister has provided consent in writing.

(2) The distance restrictions specified in subclause (1) do not apply to the grant or amendment of a water supply work approval if the Minister is satisfied that:

(a) the water supply work is solely for basic landholder rights, or

(b) the water supply work is a replacement groundwater work, or

(c) the water supply work is for the purpose of monitoring, environmental management or remedial works, or

(d) the location of the water supply work at a lesser distance would result in no more than minimal impact on existing extractions within these water sources.

(3) For the purpose of subclause (2) (d), the Minister may require the applicant to submit a hydrogeological study to demonstrate to the Minister's satisfaction that the location of the water supply work at a lesser distance will result in no more than minimal impact on existing extractions within these water sources.

(4) The Minister may require the modification of a water supply work authorised under subclause (2) (d) to minimise the impact of the water supply work on existing water levels or extraction if the Minister is satisfied at a later time that the location of the water supply work is causing more than minimal impact on existing water levels or extraction.