New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE CLARENCE RIVER UNREGULATED AND ALLUVIAL WATER SOURCES 2016 - REG 53

53 Rules for water supply works located near groundwater dependent-ecosystems

(1) High priority groundwater-dependent ecosystems within these water sources are shown on the map called High Priority Groundwater-Dependent Ecosystem Map (GDE08_Version 1) Water Sharing Plan for the Clarence River Unregulated and Alluvial Water Sources 2016 (
"the GDE Map" ) held by the Department.

Note : The GDE Map is part of this Plan. An overview of the GDE Map is shown in Appendix 3. Copies of the GDE Map may be inspected at the offices listed in Appendix 2 and are available on the NSW legislation website.

(2) 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) 100 metres of a high priority groundwater dependent ecosystem shown on the GDE map , or

(b) 400 metres of a high priority groundwater dependent ecosystem shown on the GDE map , unless:

(i) the water supply work is authorised to take water pursuant to basic landholder rights only, or

(ii) the water supply work approval includes a condition providing that the water supply work must not be used to take more than 20 ML in any water year, or

(c) 800 metres of a high priority groundwater-dependent ecosystem shown on the GDE map , unless:

(i) the water supply work is authorised to take water pursuant to basic landholder rights only, or

(ii) the water supply work approval includes a condition providing that the water supply work must not be used to take more than 100 ML in any water year, or

(d) 500 metres of a high priority karst environment groundwater-dependent ecosystem shown on the GDE map , or

(e) 40 metres of the top of the high bank of a river in these water sources excluding the Copmanhurst-Lower Mid Clarence Water Source, the Mid Orara River Water Source, the Mid Nymboida River Water Source, and The Gorges-Upper Mid Clarence Water Source or

(f) 100 metres of the top of the high bank of a river in the following water sources:

(i) Copmanhurst-Lower Mid Clarence Water Source,

(ii) Mid Orara River Water Source,

(iii) Mid Nymboida River Water Source,

(iv) The Gorges-Upper Mid Clarence Water Source, or

(g) within 100 metres of the top of an escarpment.

(3) In addition to subclause (2), 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 at a distance from a high priority groundwater-dependent ecosystem or a high priority karst environment-groundwater dependent ecosystem shown on the GDE map if the construction or use of the water supply work at that distance is likely to cause more than minimal drawdown of that high priority groundwater-dependent ecosystem or a high priority karst environment-groundwater dependent ecosystem. This subclause does not apply to water supply works that take or propose to take water pursuant to basic landholder rights only.

(4) The distance restrictions specified in subclause (2) (a)-(d) do not apply to the grant or amendment of a water supply work approval if the Minister is satisfied that no more than minimal drawdown of water will occur at the perimeter of any high priority groundwater-dependent ecosystem or a high priority karst environment groundwater-dependent ecosystem shown on the GDE map .

(5) The distance restrictions specified in subclause (2) 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 for the purpose of monitoring, environmental management or remedial works, or

(b) the water supply work replaces an existing authorised water supply work that is part of a bore network for a major utility or a local water utility for the purpose of town water supply, or

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

(d) the location of the water supply work at a lesser distance would result in no greater impact on these water sources and their groundwater-dependent ecosystems.

(6) The Minister may require the applicant to submit a hydrogeological study, to demonstrate to the Minister's satisfaction that:

(a) for the purpose of subclause (4), no more than minimal drawdown of water will occur at the perimeter of any high priority groundwater dependent ecosystem or a high priority karst environment groundwater-dependent ecosystem shown on the GDE map , or

(b) for the purpose of subclause (5) (d), the location of the water supply work at a lesser distance will result in no greater impact on these water sources and their groundwater-dependent ecosystems or a high priority karst environment groundwater-dependent ecosystem.