New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE CLARENCE RIVER UNREGULATED AND ALLUVIAL WATER SOURCES 2016 - REG 73

73 Part 8

Division 2 of Part 8 of this Plan may be amended to do any of the following:

(a) establish new flow classes, reference points and amend the access rules in the following water sources:

(i) Bottle Creek Water Source,

(ii) Coombadjha Creek Water Source,

(iii) Deep-Tunglebung Creek Water Source,

(b) subject to paragraph (c), amend the existing access rules, amend the existing flow classes and establish new or additional flow classes to assist with the passage of the Eastern Freshwater Cod in the following water sources:

(i) Copmanhurst-Lower Mid Clarence Water Source,

(ii) Lower Mann River Water Source,

(iii) Lower Nymboida River Water Source,

(iv) Lower Orara River Water Source,

(v) Mid Nymboida River Water Source,

(vi) Mid Orara River Water Source,

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

(c) paragraph (b) is subject to:

(i) the availability of new information that identifies the flow requirements of the Eastern Freshwater Cod, the hydrology of the respective water source, levels of water extraction, geomorphological characteristics of the rivers within the respective water source, instream barriers, and

(ii) consideration of the socio-economic impacts of any proposed change to licence holder access,

(d) amend the existing access rules, amend the existing flow classes, establish a new or additional flow class and amend the existing flow reference point to specify a newly installed gauge on the Orara River in the Lower Orara Water Source,

(e) amend clause 45 to extend the exemption to the cease to take conditions for stock watering purposes specified in clause 45 (27) (c) beyond Year 3 of this Plan and/or modify the volume of water permitted to be taken for stock watering purposes after Year 3 of this Plan,

Note :
"Year 3 of this Plan" is defined in the Dictionary.

(f) establish new or additional flow classes in any water source where management zones are added or in any water source or management zone that is amended during the term of this Plan as specified in clause 70, provided that the Minister is satisfied that the amendments will not have significant adverse impact on the access to water of licence holders in the affected water source or management zone,

(g) establish or assign TDELs in these water sources or management zones following the imposition of an adaptive environmental water condition on an access licence that requires the water to be left in the water source or management zone for environmental purposes,

(h) establish or assign TDELs in these water sources or management zones to protect a proportion of flow within each flow class for the environment,

(i) amend or remove TDELs if TDELs have been established or assigned,

(j) include rules for the establishment, assignment and removal of IDELs,

(k) remove the existing access rules where TDELs and/or IDELs have been established under paragraphs (h) or (j) to protect a proportion of flow within each flow class for the environment,

(l) reinstate access rules that applied at the commencement of this Plan, where TDELs and IDELs have been removed under paragraphs (i) and (j),

(m) amend existing flow classes, establish new or additional flow classes or amend the flow reference point in order to establish TDELs and IDELs.