New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE HUNTER UNREGULATED AND ALLUVIAL WATER SOURCES 2022

- Made under the Water Management Act 2000
- As at 13 January 2023
- Reg 357 of 2022

TABLE OF PROVISIONS

   PART 1 - INTRODUCTION
   Note

   1.      Name of Plan
   2.      Commencement
   3.      Water sources to which Plan applies
   4.      Management zones to which Plan applies
   5.      Extraction management units established by Plan--the Act, s 20(2)(a)
   6.      Interpretation
   7.      Maps

   PART 2 - VISION, OBJECTIVES, STRATEGIES AND PERFORMANCE INDICATORS

   8.      Vision statement--the Act, s 35(1)(a)
   9.      Objectives of Plan--the Act, s 35(1)(b)
   10.     Strategies for reaching objectives--the Act, s 35(1)(c)
   11.     Performance indicators--the Act, s 35(1)(d)

   PART 3 - REQUIREMENTS FOR WATER

           Division 1 - Requirements for water to satisfy basic landholder rights--the Act, s 20(1)(b)
           12. Domestic and stock rights

   13.     Native title rights
   14.     Harvestable rights

           Division 2 - Requirements for water for extraction under access licences

   15.     Share components of access licences in the water sources--the Act, s 20(1)(c)

   PART 4 - LIMITS TO THE AVAILABILITY OF WATER

           Division 1 - Available water determinations--the Act, s 20(2)(b)
           16. Available water determinations

           Division 2 - Extraction limits--the Act, s 20(1)(e)

              Subdivision 1 - Preliminary

   17.     Operation of Division--the Act, s 8
   18.     Definitions

              Subdivision 2 - Standard LTAAELs

   19.     Establishment of standard LTAAELs
   20.     Calculation of annual standard extraction
   21.     Assessment of compliance with standard LTAAELs
   22.     Compliance with standard LTAAELs

              Subdivision 3 - Annual higher flow extraction limits

   23.     Establishment of annual higher flow extraction limit
   24.     Calculation of annual higher flow extraction
   25.     Assessment of compliance with annual higher flow extraction limits
   26.     Compliance with annual higher flow extraction limits

              Subdivision 3A - Long-term average annual extraction limits for Hunter Water Corporation

   26A.    Establishment of Hunter Water LTAAEL
   26B.    Calculation of annual extractions
   26C.    Assessment of compliance with long-term average annual extraction limit
   26D.    Compliance with long-term average annual extraction limit

              Subdivision 5 - Total daily extraction limits

   27.     Total daily extraction limits for certain water sources and categories of access licences

   PART 5 - RULES FOR GRANTING ACCESS LICENCES--THE ACT, S 20(2)(B)

   28.     Specific purpose access licences
   29.     Management of access licences

   PART 6 - OPERATION OF WATER ALLOCATION ACCOUNTS AND MANAGING ACCESS LICENCES

           Division 1 - Preliminary

   30.     Operation of Part--the Act, s 8

           Division 2 - Accounting for water allocation accounts--the Act, s 21(c)
           31. Water allocation account debiting

   32.     Carryover of water remaining in water allocation account

           Division 3 - Flow classes

   33.     Flow classes for specified water sources and management zones--the Act, s 21(a)
   34.     Minister may determine flow classes in certain circumstances

           Division 4 - Access rules for take of surface water--the Act, s 21(a)
           35. General

   36.     Specific access rules
   37.     Exceptions

           Division 5 - Access rules for taking groundwater--the Act, s 21(a)
           38. General

   39.     Specific access rules
   40.     Exceptions

   PART 7 - CONSTRUCTION AND USE OF WATER SUPPLY WORKS--THE ACT, S 21(B)
   Note

           Division 1 - Preliminary

   41.     Application of Part

           Division 2 - Water supply works taking surface water

   42.     In-river dams
   43.     Wetlands

           Division 3 - Water supply works taking groundwater

   44.     Replacement groundwater work
   45.     Interference between water supply works
   46.     Contamination sources
   47.     High priority groundwater-dependent ecosystems
   48.     Potential acid sulfate soils
   49.     Groundwater-dependent culturally significant areas
   50.     Water supply works used only for basic landholder rights

   PART 8 - ACCESS LICENCE DEALING RULES--THE ACT, S 20(1)(D)
   Note

   50A.    Definitions
   51.     Conversion of access licence to new category dealings
   52.     Assignment of rights dealings
   53.     Amendment of share component dealings--change of water source
   54.     Amendment of extraction component dealings
   55.     Assignment of water allocations dealings
   56.     Interstate access licence transfer and assignment of water allocations dealings prohibited
   57.     Prohibited nominations of water supply works dealings

   PART 8A - RULES FOR MAJOR UTILITY STORAGES--THE ACT, S 21(A)

   57A.    Seaham Weir Management Zone
   57B.    Chichester Dam
   57C.    Upper Hunter River Water Source

   PART 9 - MANDATORY CONDITIONS--THE ACT, S 17(C)

           Division 1 - General

   58.     Definitions

           Division 2 - Access licences

   59.     General conditions
   60.     Record-keeping conditions

           Division 3 - Water supply work approvals

   61.     General conditions
   62.     Record-keeping conditions
   63.     Metering conditions

           Division 4 - Water supply work approvals for groundwater

   64.     Application of Division
   65.     Water supply work construction conditions
   66.     Water quality condition
   67.     Water supply work decommissioning condition

   PART 10 - AMENDMENT OF THIS PLAN--THE ACT, S 17(D)

   68.     Amendments
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5