New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 42 (3))
The management plans to which this Part applies are all management plans made before the commencement of this Part.
Each management plan to which this Part applies is amended by omitting subclause (2) of the clause titled "Adaptive environmental water" and by inserting instead the following subclauses--
(2) The Minister may grant an access licence in a water source to which this Plan applies if the licence is subject to an adaptive environmental water condition and arises through water savings in the system made in that water source as referred to in section 8C (1) of the Act.
(2A) The Minister may change the category or subcategory of an access licence in a water source to which this Plan applies if the licence is subject to an adaptive environmental water condition that arises through water savings as referred to in section 8D of the Act.
The management plans to which this Part applies are all management plans made before the commencement of this Part.
Each management plan to which this Part applies (other than the Water Sharing Plan for the Toorumbee Creek Water Source 2003 ) is amended by inserting after the last clause (with appropriate numbering) in the Part titled "Amendment of this Plan" the following clause--
Amendment relating to planned environmental water(1) The Minister may amend this Plan to provide for the recovery of planned environmental water as follows--(a) the recovery is only to apply where the Minister has cancelled an access licence held by the Minister in accordance with section 8A of the Act,(b) the amount of additional water to be provided as planned environmental water is to be equivalent to the annual average extraction of water under the cancelled licence over the long-term,(c) the average annual long-term availability of water for the remaining access licences that relate to the water source concerned is to be reduced by the average annual long-term extraction of water under the cancelled licence.(2) The Minister may amend this Plan to specify the purposes for which planned environmental water committed under section 8A of the Act is to be used.
The Water Sharing Plan for the Toorumbee Creek Water Source 2003 is amended by inserting as the final Part (with appropriate Part and clause numbering) the following Part--
Amendment relating to planned environmental water(1) The Minister may amend this Plan to provide for the recovery of planned environmental water as follows--(a) the recovery is only to apply where the Minister has cancelled an access licence held by the Minister in accordance with section 8A of the Act,(b) the amount of additional water to be provided as planned environmental water is to be equivalent to the annual average extraction of water under the cancelled licence over the long-term,(c) the average annual long-term availability of water for the remaining access licences that relate to the water source concerned is to be reduced by the average annual long-term extraction of water under the cancelled licence.(2) The Minister may amend this Plan to specify the purposes for which planned environmental water committed under section 8A of the Act is to be used.
The management plans to which this Part applies are the following--
(a) Water Sharing Plan for the Adelong Creek Water Source 2003 ,
(b) Water Sharing Plan for the Apsley River Water Source 2003 ,
(c) Water Sharing Plan for the Castlereagh River above Binnaway Water Source 2003 ,
(d) Water Sharing Plan for the Commissioners Waters Water Source 2003 ,
(e) Water Sharing Plan for the Coopers Creek Water Source 2003 ,
(f) Water Sharing Plan for the Dorrigo Plateau Surface Water Source and Dorrigo Basalt Groundwater Source 2003 ,
(g) Water Sharing Plan for the Gwydir Regulated River Water Source 2002 ,
(h) Water Sharing Plan for the Hunter Regulated River Water Source 2003 ,
(i) Water Sharing Plan for the Jilliby Jilliby Creek Water Source 2003 ,
(j) Water Sharing Plan for the Kangaroo River Water Source 2003 ,
(k) Water Sharing Plan for the Karuah River Water Source 2003 ,
(l) Water Sharing Plan for the Lachlan Regulated River Water Source 2003 ,
(m) Water Sharing Plan for the Macquarie and Cudgegong Regulated Rivers Water Source 2003 ,
(n) Water Sharing Plan for the Mandagery Creek Water Source 2003 ,
(o) Water Sharing Plan for the Murrumbidgee Regulated River Water Source 2003 ,
(p) Water Sharing Plan for the New South Wales Murray and Lower Darling Regulated Rivers Water Sources 2003 ,
(q) Water Sharing Plan for the Ourimbah Creek Water Source 2003 ,
(r) Water Sharing Plan for the Phillips Creek, Mooki River, Quirindi Creek and Warrah Creek Water Sources 2003 ,
(s) Water Sharing Plan for the Rocky Creek, Cobbadah, Upper Horton and Lower Horton Water Source 2003 ,
(t) Water Sharing Plan for the Tarcutta Creek Water Source 2003 ,
(u) Water Sharing Plan for the Tenterfield Creek Water Source 2003 ,
(v) Water Sharing Plan for the Toorumbee Creek Water Source 2003 ,
(w) Water Sharing Plan for the Upper Billabong Water Source 2003 ,
(x) Water Sharing Plan for the Upper Brunswick River Water Source 2003 ,
(y) Water Sharing Plan for the Upper Namoi and Lower Namoi Regulated River Water Sources 2003 ,
(z) Water Sharing Plan for the Wandella Creek Water Source 2003 ,
(aa) Water Sharing Plan for the Wybong Creek Water Source 2003 .
Each management plan to which this Part applies (other than the Plan referred to in clause 6 (v)) is amended by inserting as the final clause (with appropriate numbering) in the Part titled "Amendment of this Plan" the following clause--
Amendment of Plan relating to floodplain harvesting The Minister may amend this Plan so as to provide for the floodplain harvesting of water by amending the waters or water sources to which this Plan applies and by consequential amendments so long as the amendments--(a) if the Plan has already taken into consideration floodplain harvesting extractions, do not affect the outcomes of the long-term extraction limit specified in the Plan, or(b) if the Plan has not already taken into consideration floodplain harvesting extractions, do not allow more water being taken pursuant to access licences for floodplain harvesting than permitted under Schedule F to the Agreement within the meaning of the Murray-Darling Basin Act 1992 .
The Water Sharing Plan for the Toorumbee Creek Water Source 2003 is amended by inserting as the final clause (with appropriate numbering) the following clause--
Amendment of Plan relating to floodplain harvesting The Minister may amend this Plan so as to provide for the floodplain harvesting of water by amending the waters or water sources to which this Plan applies and by consequential amendments so long as the amendments--(a) if the Plan has already taken into consideration floodplain harvesting extractions, do not affect the outcomes of the long-term extraction limit specified in the plan, or(b) if the Plan has not already taken into consideration floodplain harvesting extractions, do not allow more water being taken pursuant to access licences for floodplain harvesting than permitted under Schedule F to the Agreement within the meaning of the Murray-Darling Basin Act 1992 .
Insert ", and assigned under section 71T of the Act from," after "taken under" wherever occurring in clause 42 (2), (3) and (4).
Omit "or from" wherever occurring.
Omit the note to the clause. Insert instead--
Note--: Options for imposing TDELs are proposed to be reviewed on or before 1 July 2019.
Omit the clause. Insert instead--
52 Individual daily extraction limits At the commencement of this Plan, there were no individual daily extraction limits (referred to in this Plan as
"IDELs" ) established for access licences in these water sources.Note 1--:
"Individual daily extraction limit" is defined in the Dictionary.Note 2--: IDELS are to be reviewed on or before 1 July 2019.
Omit notes 3 and 4 to the clause.
Insert after clause 78 (g)--
(g1) include rules for the establishment, amendment, assignment and removal of IDELs,
Insert ", 71QA" after "71Q" in clause 80 (b).
Omit the note.
This Division amends the following regulated river orders--
(a) Central West Water Management Area Regulated River Order (Government Gazette No 110 of 1 July 2004),
(b) Gwydir Water Management Area Regulated River Order (Government Gazette No 110 of 1 July 2004),
(c) Hunter Water Management Area Regulated River Order No. 2 (Government Gazette No 82B of 26 June 2007),
(d) Murrumbidgee Water Management Area Regulated River Order (Government Gazette No 110 of 1 July 2004),
(e) Murray Water Management Area Regulated River Order (Lower Darling) (Government Gazette No 110 of 1 July 2004),
(f) NSW Border Rivers Regulated River Water Source Order (Government Gazette No 79 of 29 May 2009),
(g) Namoi Water Management Area Regulated River Order (Government Gazette No 110 of 1 July 2004),
(h) Regulated River Order for the Belubula Regulated River 2012 (Government Gazette No 92 of 14 September 2012),
(i) Regulated River Order for the Lachlan Regulated River 2012 (Government Gazette No 92 of 14 September 2012),
(j) Regulated River Order for the NSW Hunter Water Management Area Regulated Rivers 2016 (Government Gazette No 56 of 1 July 2016),
(k) Regulated River Order for the NSW Murray Regulated Rivers 2012 (Government Gazette No 19 of 15 February 2012),
(l) Richmond Regulated River Order 2010 (Government Gazette No 135 of 17 December 2010).
(1) Order Omit "downstream of the upper limit of Windamere Dam water storage or the upper limit of Burrendong Dam water storage and".
(2) Schedule Omit "Cudgegong River from the upper limit of Windamere Dam water storage downstream to its confluence with the upper limit of Burrendong Dam water storage.".
Insert instead--Cudgegong River from Windamere Dam wall, being the point at latitude -32.727325 and longitude 149.771999 in decimal degrees GDA94, downstream to Burrendong Dam water storage.Windamere Dam water storage (including all the water downstream of the following coordinates, in decimal degrees GDA94, to Windamere Dam wall)--
Latitude Longitude -32.811391 149.870681 -32.818051 149.854227 -32.824058 149.836131 -32.810121 149.841439 -32.814185 149.825263 -32.819009 149.846077 -32.810587 149.811243 -32.779267 149.838340 -32.782333 149.794320 -32.760703 149.805519 -32.776092 149.775742 -32.770453 149.759286 -32.761776 149.756808 -32.752008 149.767732 -32.745962 149.793078 -32.740353 149.761119 -32.728140 149.760693
(3) Schedule Omit "Macquarie River from the upstream limit of Burrendong Dam water storage, downstream to the Monkeygar Creek offtake.".
Insert instead--Macquarie River from Burrendong Dam wall, being the point at latitude -32.66674 and longitude 149.10902 in decimal degrees GDA94, downstream to the Monkeygar Creek offtake.Burrendong Dam water storage (including all the water downstream of the following coordinates, in decimal degrees GDA94, to Burrendong Dam wall)--
Latitude Longitude -32.871744 149.213174 -32.834042 149.207933 -32.814764 149.219303 -32.833629 149.250251 -32.782423 149.184678 -32.771026 149.151583 -32.736556 149.213184 -32.731542 149.235164 -32.716252 149.196807 -32.687090 149.175187 -32.714061 149.117249 -32.696985 149.085635 -32.610695 149.135805 -32.647185 149.224616 -32.636815 149.257351 -32.620199 149.247056 -32.624635 149.273776 -32.671702 149.084504 -32.717326 149.130410 -32.668750 149.158276 -32.660058 149.155925 -32.901336 149.228041
(1) Order Omit "downstream of the upper limit of Copeton Dam water storage and".
(2) Schedule Omit "Gwydir River from Copeton Dam downstream to northwestern boundary of portion 27, Parish of Gin, County of Benarba.".
Insert instead--Gwydir River from Copeton Dam wall, being the point at latitude -29.906596 and longitude 150.927266 in decimal degrees GDA94, downstream to the northwestern boundary of portion 27, Parish of Gin, County of Benarba.Copeton Dam water storage (including all the water downstream of the following coordinates, in decimal degrees GDA94, to Copeton Dam wall)--
Latitude Longitude -30.003197 150.982829 -30.001384 150.973391 -29.977928 150.991369 -29.957905 150.972530 -29.948338 150.961377 -29.933781 151.011764 -29.924970 151.019530 -29.910007 151.017738 -29.898243 151.028021 -29.887985 151.018875 -29.873349 150.995589 -29.882027 150.968586 -29.881021 150.953199 -29.880425 150.931838 -29.890985 150.910140
(1) Order Omit "downstream of the upper limit of Lostock Dam water storage and".
(2) Schedule 1 Omit the Schedule. Insert instead--1 &endash;
Paterson River from Lostock Dam wall, being the point at latitude -32.328844 and longitude 151.450099 in decimal degrees GDA94, downstream to the determined tidal limit, which is 410 metres downstream from a point adjacent to where the north-eastern corner of Lot 115, DP 848634, Parish of Barford, County of Durham, fronts the eastern bank of the Paterson River.
Lostock Dam water storage (including all water downstream of the following coordinates, in decimal degrees GDA94, to Lostock Dam wall)--
Latitude Longitude -32.322211 151.425521 -32.325743 151.439159 -32.339434 151.424865 -32.344165 151.437603 -32.339274 151.445692 -32.337965 151.450254 -32.335117 151.457577
(1) Order Omit "downstream of the upper limit of Burrinjuck Dam water storage or Blowering Dam and".
(2) Schedule Omit "Murrumbidgee River from Taemas Bridge within the storage of Burrinjuck Dam, downstream to the Murray River.".
Insert instead--Murrumbidgee River from Burrinjuck Dam wall, being the point at latitude -35.00284 and longitude 148.583817, downstream to the Murray River.Burrinjuck Dam water storage (including all water downstream of the following coordinates, in decimal degrees GDA94, to Burrinjuck Dam wall)--
Latitude Longitude -35.003371 148.849389 -35.005853 148.830107 -34.949024 148.832598 -34.922416 148.823510 -34.904668 148.796551 -34.964027 148.774932 -34.920111 148.724999 -34.892967 148.737287 -34.876506 148.768171 -34.876913 148.782918 -34.879415 148.782675 -34.965045 148.755451 -34.984244 148.697525 -34.995874 148.683923 -34.969135 148.632485 -35.018053 148.661473 -35.044238 148.669648 -35.092597 148.682148 -35.105789 148.679919 -35.073652 148.672281 -35.062604 148.665532 -35.050545 148.676945 -34.990525 148.610208 -34.989634 148.595715 -35.023671 148.599408
(3) Schedule Omit "Tumut River from the upper limit of the storage of Blowering Dam downstream to the Murrumbidgee River".
Insert instead--Tumut River from Blowering Dam wall, being the point at latitude -35.40047 and longitude 148.244146, downstream to the Murrumbidgee River.Blowering Dam water storage (including all water downstream of the following coordinates, in decimal degrees GDA94, to Blowering Dam wall)--
Latitude Longitude -35.561163 148.306432 -35.545218 148.301639 -35.531393 148.293032 -35.561765 148.238722 -35.548750 148.228634 -35.504216 148.271602 -35.491235 148.233281 -35.488285 148.270351 -35.474806 148.241747 -35.472170 148.278026 -35.462686 148.280791 -35.450776 148.240958 -35.435572 148.285557 -35.434480 148.243201 -35.415237 148.272950 -35.419780 148.235559 -35.404595 148.270365
Order Omit "downstream of the upper limit of Lake Wetherell water storage and".
Schedule 1 Omit "Severn River, from Pindari Dam downstream to its junction with the Macintyre River.".
Insert instead--Severn River from Pindari Dam wall, being the point at latitude -29.387689 and longitude 151.245184 in decimal degrees GDA94, downstream to its junction with the Macintyre River.Pindari Dam water storage (including all water downstream of the following coordinates, in decimal degrees GDA94, to Pindari Dam wall)--
Latitude Longitude -29.410713 151.333721 -29.394919 151.326964 -29.383454 151.318099 -29.397437 151.300012 -29.376505 151.291200 -29.366651 151.270775 -29.370563 151.255536 -29.365349 151.233787 -29.401966 151.293014
(1) Order Omit "downstream of the upper limit of Split Rock Dam water storage or Keepit Dam water storage and".
(2) Schedule Omit the following--Manilla River from Split Rock Dam, downstream to its junction with the Namoi River.Namoi River, from its junction with the Manilla River to Keepit Dam, including all tributaries (named and unnamed) to the storage of Keepit Dam, and up to the high water mark of the storage.Namoi River, from Keepit Dam downstream to the offtake of Narrabri Creek.Insert instead--Manilla River from Split Rock Dam wall, being the point at latitude -30.575872 and longitude 150.697240 in decimal degrees GDA94, downstream to its junction with the Namoi River.Split Rock Dam water storage (including all water downstream of the following coordinates, in decimal degrees GDA94, to Split Rock Dam wall)--
Latitude Longitude -30.432084 150.700594 -30.430054 150.678370 -30.451556 150.688350 -30.456521 150.704523 -30.479991 150.697527 -30.488379 150.693033 -30.472202 150.716278 -30.489548 150.725471 -30.513168 150.698369 -30.519752 150.715638 -30.534438 150.716575 -30.523353 150.676778 -30.522879 150.664067 -30.534635 150.706668 -30.583463 150.709977 Namoi River, from its junction with the Manilla River downstream to Keepit Dam water storage.Keepit Dam water storage (including all water downstream of the following coordinates, in decimal degrees GDA94, to Keepit Dam wall)--
Latitude Longitude -30.788642 150.570964 -30.778018 150.567687 -30.769567 150.553783 -30.809162 150.566018 -30.820146 150.551936 -30.778773 150.531650 -30.784563 150.521501 -30.791914 150.517708 -30.798574 150.509822 -30.814782 150.496955 -30.841291 150.552179 -30.829995 150.491038 -30.834460 150.479529 -30.837882 150.478756 -30.862795 150.478484 Namoi River from Keepit Dam wall, being the point at latitude -30.878622 and longitude 150.491625 in decimal degrees 5DA94, downstream to the offtake of Narrabri Creek.
Schedule 1 Omit the Schedule. Insert instead--1 &endash;
Belubula River from Carcoar Dam wall, being the point at latitude -33.619085 and longitude 149.18005 in decimal degrees GDA94, downstream to its junction with the Regulated Lachlan River.
Carcoar Dam water storage (including all water downstream of the following coordinates, in decimal degrees GDA94, to Carcoar Dam wall)--
Latitude Longitude -33.576020 149.242979 -33.598026 149.222586 -33.611107 149.198919 -33.575159 149.224422
Schedule 1 Omit items 7-9. Insert instead--7. Lachlan River from Wyangala Dam wall, being the point at latitude -33.969787 and longitude 148.951823 in decimal degrees GDA94, downstream to the Murrumbidgee River.8. Wyangala Dam water storage (including all water downstream of the following coordinates, in decimal degrees GDA94, to Wyangala Dam wall)--
Latitude Longitude -34.052206 149.036233 -34.049494 149.045616 -34.002150 149.080865 -33.994397 149.083129 -33.994273 149.081477 -33.987058 149.054747 -33.980610 149.047093 -33.957108 149.028854 -33.904295 148.981630 -33.909158 148.970521 -33.948079 148.965834 -34.000431 148.974679 -33.902762 149.138943 -33.919014 149.039291 -33.915237 149.059200 -33.905190 149.071142 -33.922213 149.096824 -33.892613 149.104912 -33.886798 149.119798 -33.887198 149.065994 -33.885542 149.059389
Schedule 1 Omit items 3-6. Insert instead--3. Glennies Creek from Glennies Creek Dam wall, being the point at latitude -32.361941 and longitude 151.249747, downstream to the confluence of Glennies Creek with Hunter River.4. Glennies Creek Dam water storage (including all water downstream of the following coordinates, in decimal degrees GDA94, to Glennies Creek Dam wall)--
Latitude Longitude -32.287472 151.266599 -32.300972 151.256985 -32.306524 151.252396 -32.297512 151.299214 -32.309309 151.301546 -32.331923 151.310492 -32.349234 150.296217 -32.375406 151.279140 -32.350293 151.249333 5. Hunter River from Glenbawn Dam wall, being the point at latitude -32.107697 and longitude 151.000344 in decimal degrees GDA94, downstream to the point at latitude -32.686680 and longitude 151.561340 in decimal degrees GDA94, Parish of Maitland, County of Northumberland.6. Glenbawn Dam water storage (including all water downstream of the following coordinates, in decimal degrees GDA94, to Glenbawn Dam wall)--
Latitude Longitude -32.015506 151.087500 -32.018712 151.087910 -32.019961 151.070256 -32.034656 151.073531 -32.045671 151.061744 -32.023105 151.051791 -32.043603 151.055119 -32.052615 151.035640 -32.066942 151.007051 -32.097867 151.020588 -32.116285 151.006530
Clause 4 Regulated rivers Omit item 38. Insert instead--38. Murray River from Hume Dam wall, being the point at latitude -36.107878 and longitude 147.03172 in decimal degrees GDA94, downstream to the South Australian border,38A. Hume Dam water storage (including all water downstream of the following coordinates, in decimal degrees GDA94, to Hume Dam wall)--
Latitude Longitude -36.006354 147.354450 -36.027898 147.278647 -35.988915 147.150799 -35.965408 147.091362 -35.942829 147.057470 -35.937462 147.032817 -35.968634 147.037428 -36.002457 147.053119 38B. That part of the Murray River adjacent to the southern boundary of Lot 51, DP 753357, Parish of Vautier, County Goulburn,
Schedule 1 Omit "Iron Pot Creek from the high water mark of Toonumbar Dam to its confluence with Eden Creek.".
Insert instead--Iron Pot Creek from Toonumbar Dam wall, being the point at latitude -28.620195 and longitude 152.791892 in decimal degrees GDA94, to its confluence with Eden Creek.Toonumbar Dam water storage (including all water downstream of the following coordinates, in decimal degrees GDA94, to Toonumbar Dam wall)--
Latitude Longitude -28.587983 152.752535 -28.590374 152.752713 -28.594637 152.756531 -28.595934 152.754548 -28.603582 152.755797 -28.605508 152.757218 -28.600453 152.762434 -28.604217 152.760220 -28.601712 152.769144 -28.605501 152.770471 -28.604215 152.776476 -28.605782 152.782041 -28.612889 152.780112 -28.512744 152.786820
Clause 4 Application of this Plan Omit "the upper limit of" wherever occurring in clause 4 (3) (a) and (c).
Clause 4 Application of this Plan Omit "upper limit of" from clause 4 (3) (a).
Clause 4 Water source and waters to which this Plan applies Insert "water storage" after "Copeton Dam" in clause 4 (1).
(1) Clause 4 Application of Plan Omit clause 4 (2) (a). Insert instead--(a) all water between the bed and banks of all rivers, from the Glenbawn Dam water storage downstream to the Hunter River, and from Glennies Creek Dam water storage downstream to the junction with the Hunter River, which have been declared by the Minister to be regulated rivers, and
(2) Schedule 1 Management zones, flow reference points and trading zones Omit the matter relating to Management Zone 1A and Management Zone 3A from Columns 1 and 2 of the table to clause 1.
Insert instead in appropriate order--
Management Zone 1A (Glenbawn Dam water storage and Hunter River to Goulburn River junction) From Glenbawn Dam water storage down to, and including, the Goulburn River junction Management Zone 3A (Glennies Creek Dam water storage and Glennies Creek) From Glennies Creek Dam water storage downstream to the Hunter River junction
(3) Schedule 1, clause 2, table Omit the matter relating to trading zones 1 and 3 from Columns 1 and 2 of the table.
Insert instead in appropriate order--
1 All of the Hunter Regulated River Water Source from Glenbawn Dam water storage down to, and including, the junction of the Hunter River and Glennies Creek 3 All of the Hunter Regulated River Water Source from Glennies Creek Dam water storage down to the junction of the Hunter River and Glennies Creek
(4) Appendix 1 Rivers and lakes in the Hunter Regulated River Water Source Omit paragraphs (c)-(f). Insert instead--(c) Glennies Creek from Glennies Creek Dam wall downstream to the confluence of Glennies Creek with Hunter River,(d) Glennies Creek Dam water storage,(e) Hunter River from Glenbawn Dam wall downstream to the point at latitude -32.686680 and longitude 151.561340 in decimal degrees GDA94, Parish of Maitland, County of Northumberland,(f) Glenbawn Dam water storage,
(1) Clause 4 Application of Plan Omit "upper limits of" from clause 4 (2) (a).
(2) Appendix 1 Rivers and lakes in the regulated river order Omit paragraphs (g)-(i). Insert instead--(g) Lachlan River from Wyangala Dam wall, being the point at latitude -33.969787 and longitude 148.951823 in decimal degrees GDA94, downstream to the Murrumbidgee River,(h) Wyangala Dam water storage,
(1) Clause 4 Water source and waters to which this Plan applies Omit "the upstream limit of" from clause 4 (1).
(2) Clause 14 Planned environmental water Insert "water storage" after "Windamere Dam" wherever occurring in clause 14 (2) and (8).
(3) Clause 14 (2) Omit "the Dam". Insert instead "the water storage".
(4) Clauses 14 (8) and (12) (h) (ii) and 44 (2) (a) Omit "the upper limit of" wherever occurring.
(5) Clause 47 Extraction of water under supplementary water access licences Omit "downstream of the upper limit of" from clause 47 (5).
Insert instead "from, and downstream of,".
(6) Appendix 1 Rivers and lakes in the Macquarie and Cudgegong Regulated Rivers Water Source Omit paragraph (i) where firstly occurring. Insert instead--(i) Macquarie River from Burrendong Dam wall, being the point at latitude -32.66674 and longitude 149.10902 in decimal degrees GDA94, downstream to the Monkeygar Creek offtake,
(7) Appendix 1, paragraph (vi) Omit the paragraph. Insert instead--(vi) Cudgegong River from Windamere Dam wall, being the point at latitude -32.727325 and longitude 149.771999 in decimal degrees GDA94, downstream to Burrendong Dam water storage,
(8) Appendix 1, paragraph (xia) Insert after paragraph (xi)--(xia) Burrendong Dam water storage,
(1) Clause 4 (2) (a) (including note 2) and Appendix 1 Omit "the upper limit of", wherever occurring.
(2) Appendix 1, paragraphs (r) and (r1) Omit paragraph (r). Insert instead--(r) Murrumbidgee River from Burrinjuck Dam wall, being the point at latitude -35.00284 and longitude 148.583817 in decimal degrees GDA94, downstream to the Murray River,(r1) Burrinjuck Dam water storage,
(3) Appendix 1, paragraphs (w) and (w1) Omit paragraph (w). Insert instead--(w) Tumut River from Blowering Dam wall, being the point at latitude -35.40047 and longitude 148.244146 in decimal degrees GDA94, downstream to the Murrumbidgee River,(w1) Blowering Dam water storage,
(1) Clause 4 Application of Plan Omit "the upper limit of" wherever occurring in clause 4 (2) (a) and (3) (a).
(2) Appendix 1 Rivers and lakes in the regulated river orders Omit paragraph (al) from clause (1). Insert instead--(al) Murray River from Hume Dam wall, being the point at latitude -36.107878 and longitude 147.03172 in decimal degrees GDA94, downstream to the South Australian border,(aal) Hume Dam water storage,(aaal) that part of the Murray River adjacent to the southern boundary of Lot 51, DP 753357, Parish of Vautier, County Goulburn,
Clause 4 Water source and waters to which this Plan applies Omit clause 4 (1) (a) and (b). Insert instead--(a) the Pindari Dam water storage downstream to the Pindari Dam wall,(b) the Severn River from Pindari Dam wall downstream to its junction with the Macintyre River,
(1) Clause 4 Area and waters to which this Plan applies Omit "the upper limit of" from clause 4 (3) (a).
(2) Appendix 1 Omit the Appendix. Insert instead--1 &endash; Rivers in the Paterson Regulated River Water Source
Paterson River from Lostock Dam wall, being the point at latitude -32.328844 and longitude 151.450099 in decimal degrees GDA94, downstream to the determined tidal limit, which is 410 metres downstream from a point adjacent to where the north-eastern corner of Lot 115, DP 848634, Parish of Barford, County of Durham, fronts the eastern bank of Paterson River.
Lostock Dam water storage.
Clause 4 Application of this Plan Omit "the upper limit of" from clause 4 (3).
Clause 4 Application of Plan Omit "upper limit of" from clause 4 (4).
(1) Clause 4 Water sources and waters to which this Plan applies Omit "Split Rock Dam downstream to Keepit Dam" from clause 4 (2).
Insert instead "Split Rock Dam water storage downstream to Keepit Dam water storage".
(2) Clause 4 (3) Insert "water storage" after "Keepit Dam".
(3) Appendix 1 Rivers and lakes within this water source Omit subclauses (1) and (2) from the matter relating to
"Upper Namoi Regulated River Water Source" .
Insert instead--(1) Manilla River from Split Rock Dam wall, being the point at latitude -30.575872 and longitude 150.669724 in decimal degrees GDA94, downstream to its junction with the Namoi River,(2) Split Rock Dam water storage,(3) Namoi River, from its junction with the Manilla River downstream to Keepit Dam water storage,(4) Keepit Dam water storage.
(4) Appendix 1, Lower Namoi Regulated River Water Source, subclause (5) Omit the subclause. Insert instead--(5) Namoi River from Keepit Dam wall, being the point at latitude -30.900503 and longitude 150.513171 in decimal degrees GDA94, downstream to the offtake of Narrabri Creek,
(1) A reference to "Glennies Creek from the upper limit of the Glennies Creek Dam water storage, including all tributaries to the storage (named and unnamed) up to high water mark of the storage, downstream to the confluence of Glennies Creek with the Hunter River" in the First Hunter Order and the Second Hunter Order is taken to be a reference to items 3 and 4 of Schedule 1 to the 2016 Hunter Order, as amended by this Part.
(2) A reference to "Hunter River from the upper limit of Glenbawn Dam water storage, including all tributaries to the storage (named and unnamed) up to high water mark of the storage, downstream to the Oakhampton Rail Bridge at Maitland" in the First Hunter Order is taken to be a reference to items 5 and 6 of Schedule 1 to the 2016 Hunter Order, as amended by this Part.
(3) A reference to "Hunter River from the upper limit of Glenbawn Dam water storage, including all tributaries to the storage (named and unnamed) up to high water mark of the storage, downstream to a point adjacent to the eastern boundary of Lot 2, DP 1012258, Parish of Maitland, County of Northumberland on the southern bank of the River and adjacent to a point 150m downstream of the western boundary of Lot 1, DP 856702, Parish of Middelhope, County of Durham on the northern bank of the River, 1400m upstream of Oakhampton rail bridge" in the Second Hunter Order is taken to be a reference to items 5 and 6 of Schedule 1 to the 2016 Hunter Order, as amended by this Part.
(4) In this clause--
"First Hunter Order" means the Hunter Water Management Area Regulated River Order (Government Gazette No 110 of 1 July 2004).
"Second Hunter Order" means the Hunter Water Management Area Regulated River Order No. 1 (Government Gazette No 179 of 12 November 2004).
"2016 Hunter Order" means the Regulated River Order for the NSW Hunter Water Management Area Regulated Rivers 2016 (Government Gazette No 56 of 1 July 2016).
(1) A reference to the "upper limit of Wyangala Dam storage" in the 2004 Lachlan Order is taken to be a reference to Wyangala Dam water storage as described in item 8 of Schedule 1 to the 2012 Lachlan Order, as amended by this Part.
(2) In this clause--
"2004 Lachlan Order" means the Lachlan Water Management Area Regulated River Order (Government Gazette No 110 of 1 July 2004).
"2012 Lachlan Order" means the Regulated River Order for the Lachlan Regulated River 2012 (Government Gazette No 92 of 14 September 2012).
(1) A reference to the "upper limit of Hume Dam water storage" in the 2004 Murray Order is taken to be a reference to Hume Dam water storage as described in item 38A of clause 4 of the 2012 Murray Order, as amended by this Part.
(2) In this clause--
"2004 Murray Order" means the Murray Water Management Area Regulated River Order (Murray) (Government Gazette No 110 of 1 July 2004).
"2012 Murray Order" means the Regulated River Order for the NSW Murray Regulated Rivers 2012 (Government Gazette No 19 of 15 February 2012).
(1) Clauses 18, 19, 21, 22 and 24 are taken to have commenced on 1 July 2004.
(2) Clause 20 is taken to have commenced on 26 June 2007.
(3) Clauses 23 and 38 are taken to have commenced on 1 July 2009.
(4) Clauses 25 and 26 are taken to have commenced on 14 September 2012.
(5) Clauses 27, 32-37 and 42 are taken to have commenced on 1 July 2016.
(6) Clause 28 is taken to have commenced on 15 February 2012.
(7) Clauses 29 and 41 are taken to have commenced on 17 December 2010.
(8) Clause 30 is taken to have commenced on 1 April 2011.
(9) Clause 31 is taken to have commenced on 4 October 2012.
(10) Clause 39 is taken to have commenced on 1 July 2007.
(11) Clause 40 is taken to have commenced on 1 July 2010.
The regulations may further amend the regulated river orders amended by Division 1 of this Part and made by Part 7 for the purpose of specifying the location of the limits of certain rivers referred to in those orders.
The regulations may further amend the management plans amended by Division 2 of this Part for the purpose of specifying the location of the limits of certain rivers referred to in those plans.
Any amendments made by a regulation under this Part may take effect from 1 July 2004 or such other date (being an earlier or later date) as is specified by the regulations.
(1) The regulations may contain provisions of a savings or transitional nature consequent on the amendments made under this Part.
(2) Any act, matter or thing done or omitted to be done before the amendment of an order or a management plan by this Part that would have been valid if that order or management plan, as so amended, had been in force when the thing was done or omitted to be done is validated.
(3) No compensation is payable to any person as a consequence of the operation of this Part.
(4) The regulations may deem references in a predecessor order (including an order that preceded the immediately preceding order) of an order amended by or under this Part to the location of the limits of certain rivers to be taken to be references as specified in the regulations.
(5) Any such regulation may deem that reference to have taken effect on and from the date of commencement of the predecessor order or a later date.
(6) In this clause,
"compensation" includes damages or any other form of monetary compensation.
This Part applies to the following management plans--
(a) Water Sharing Plan for the Barwon-Darling Unregulated and Alluvial Water Sources 2012 ,
(b) Water Sharing Plan for the Gwydir Unregulated and Alluvial Water Sources 2012 ,
(c) Water Sharing Plan for the Macquarie Bogan Unregulated and Alluvial Water Sources 2012 .
Each management plan to which this Part applies is amended by inserting as the final paragraph (with appropriate numbering) in the clause titled "Part 8" in Part 12 the following paragraph--
include rules to facilitate active management to share flows, including requiring the taking of water to be carried out in accordance with Ministerial notices or announcements or to require licence holders to express interest in accessing their entitlement during an event.
(1) The Regulated River Order for the Bega and Brogo Regulated Rivers 2018 (
"the Bega and Brogo Order" ) containing the clauses set out below is taken to have been made by the Minister in accordance with this Act--1 Name of Order This Order is the Regulated River Order for the Bega and Brogo Regulated Rivers 2018 .2 Declaration of regulated rivers The following rivers are declared to be regulated rivers for the purposes of the Water Management Act 2000 under this Order--(a) Bega River, from 500 metres upstream of its junction with the Brogo River, downstream to its junction with Jellat Jellat Creek,(b) Brogo River, from Brogo Dam wall, which is the point of latitude -36.488680 and longitude 149.740350, in decimal degrees GDA94, down stream to its junction with the Bega River,(c) Coopers Creek, from its junction with the Brogo River up to and including the lagoon section within Portion 97, Parish of Bega,(d) Brogo Dam water storage (including all water downstream of the following coordinates, in decimal degrees GDA94, to Brogo Dam wall)--
Latitude Longitude -36.469614 149.698707 -36.468510 149.705187 -36.464538 149.716953 -36.473023 149.721948 -36.477831 149.719258 -36.479591 149.726371 -36.482022 149.720763 -36.484526 149.729929 -36.491189 149.718921 -36.494395 149.731010 -36.484761 149.735077 -36.490772 149.742066 -36.492307 149.739054 -36.494696 149.741781
(2) The Bega and Brogo Order is taken to have effect on and from 1 July 2011.
(1) The Regulated River Order for the Peel Valley Regulated Rivers 2018 (
"the Peel Valley Order" ) containing the clauses set out below is taken to have been made by the Minister in accordance with this Act--1 Name of Order This Order is the Regulated River Order for the Peel Valley Regulated Rivers 2018 .2 Declaration of regulated rivers The following rivers are declared to be regulated rivers for the purposes of the Water Management Act 2000 under the Peel Valley Order--(a) Peel River from Chaffey Dam wall, being the point at latitude -31.346746 and longitude 151.138965 in decimal degrees GDA94, downstream to its junction with the Namoi River,(b) Peel River from the offtake of Calala anabranch, within Portion 24, Parish of Nemingha, County of Parry, downstream to its point of re-entry within Portion 1, Parish of Nemingha, County of Parry,(c) anabranch of the Peel River, which offtakes from within Portion 33, Parish of Nemingha, County of Parry, to its point of re-entry within Portion 69, Parish of Nemingha, County of Parry,(d) anabranch of the Peel River, which offtakes from and re-enters the Peel River within Lot 11, Australian Agricultural Company's grant, Parish of Tangarratta, County of Parry,(e) anabranch of the Peel River, which offtakes from within Portion 2, Parish of Baldwin, County of Darling to its point of re-entry within Portion 55, Parish of Keepit, County of Darling.
(2) The Peel Valley Order is taken to have effect on and from 1 July 2010.
(1) Any act, matter or thing done or omitted to be done before the commencement of this Part that would have been valid if the Bega and Brogo Order or the Peel Valley Order had been in force when the act, matter or thing was done or omitted to be done is validated.
(2) No compensation is payable to any person as a consequence of the operation of this clause.
(3) In this clause,
"compensation" includes damages or any other form of monetary compensation.