New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE CLARENCE RIVER UNREGULATED AND ALLUVIAL WATER SOURCES 2016 - REG 67

67 General

(1) Water supply work approvals for water supply works in these water sources must have mandatory conditions where required to give effect to the following:

(a) the water supply work must not be used to take water under an access licence unless in compliance with the relevant access rules for the taking of water as specified in Division 2 of Part 8 of this Plan,

(b) when directed by the Minister by notice in writing, the approval holder must have metering equipment installed that meets the following requirements:

(i) the metering equipment must accurately measure and record the flow of all water taken through the water supply work,

(ii) the metering equipment must comply with Australian Standard AS 4747, Meters for non-urban water supply , as may be updated or replaced from time to time,

(iii) the metering equipment must be operated and maintained in a proper and efficient manner at all times,

(iv) the metering equipment must be sited and installed at a place in the pipe, channel or conduit between the water source and the first discharge outlet. There must be no flow of water out of the pipe, channel or conduit between the water source and the metering equipment,

(v) any other requirements as to type, standard or other criteria for the metering equipment specified in the notice,

Note : The Minister may also direct a landholder or person to install, replace or properly maintain metering equipment under section 326 of the Act.

(c) the approval holder must ensure that if the water supply work is abandoned or replaced it is decommissioned in accordance with any direction from the Minister. The Minister may direct that any such water supply work need not be decommissioned,

(d) within sixty days of the decommissioning of the water supply work, the approval holder must notify the Minister in writing that the water supply work has been decommissioned,

(e) the holder of the water supply work approval upon becoming aware of a breach of any condition of the approval must:

(i) notify the Minister as soon as practicable, and

(ii) if the notification under subparagraph (i) was not in writing, confirm this notification in writing within 7 days of becoming aware of the breach,

(f) any other conditions required to implement the provisions of this Plan.

(2) Water supply work approvals for water supply works in these water sources, excluding a water supply work that is a metered water supply work with a data logger, or that is used for the purpose of taking water under basic landholder rights only, must have mandatory conditions where required to give effect to the following:

(a) the holder of a water supply work approval must keep a Logbook,

(b) the holder of a water supply work approval must record the following in the Logbook:

(i) each date and start and end time during which water was taken using the water supply work,

(ii) the volume of water taken on that date,

(iii) the number of the access licence under which water was taken on that date, or, if water was taken under some other authority (such as basic landholder rights), the authority under which water was taken,

(iv) the purpose or purposes for which the water was taken on that date,

(v) details of any cropping carried out using the water taken through the water supply work including the type of crop, area cropped and dates of planting and harvesting,

(vi) where metering equipment has been installed for use in connection with the water supply work, the meter reading before water is taken,

(vii) where metering equipment has not been installed for use in connection with the water supply work, details of all pumping activities for the water supply work including pump running hours, pump power usage or pump fuel usage, pump start and stop times and pump capacity per unit of time,

(viii) any other information required to be recorded in the Logbook under the rules of this Plan,

(c) the holder of the water supply work approval must produce the Logbook to the Minister for inspection when requested,

(d) the holder of a water supply work approval must retain the information required to be recorded in the Logbook for five years from the date to which that information relates.

(3) The Minister may require the holder of a water supply work approval for a metered water supply work with a data logger to keep a Logbook in accordance with any requirements of subclause (2).

(4) All water supply work approvals must contain mandatory conditions to require that the water supply work must not be used to take water unless, before water is taken, the holder of the water supply work approval confirms that the relevant cease to take conditions do not apply. Where the holder is required to keep a Logbook, the holder must record that confirmation and the means of confirmation (such as visual inspection or internet search), in the Logbook.

(5) Water supply work approvals for runoff harvesting dams and in-river dams must have a mandatory condition where required to give effect to clause 49 (2).

(6) A water supply work approval for a surface water supply work must have mandatory conditions where required to give effect to the requirements for a replacement surface water supply work specified in or specified by the Minister in accordance with clause 49 (5).