New South Wales Consolidated Acts

WATER SUPPLY (CRITICAL NEEDS) ACT 2019 - SCHEDULE 3

SCHEDULE 3 – Declaration of certain dam-related development as critical State significant infrastructure

Part 1 - Declaration of development

1 Critical State significant infrastructure

(1) The development described in Part 2 of this Schedule--

(a) is taken for the purposes of the Environmental Planning and Assessment Act 1979 to be State significant infrastructure and critical State significant infrastructure, and

(b) may be carried out without development consent under Part 4 of that Act.

(2) The regulations may amend Part 2 of this Schedule as follows--

(a) to insert or alter a description of development that relates to the construction of a new dam or the increase in storage capacity of an existing dam,

(b) to omit a description of development.

(3) Before making a recommendation to the Governor for the making of a regulation of a kind referred to in subclause (2)(a), the Minister is required to obtain the concurrence of the Minister administering the Biodiversity Conservation Act 2016 .

Part 2 - Description of development

2 Wyangala Dam wall raising project

(1) Development for the purposes of raising the Wyangala Dam in the Cowra local government area, including--

(a) raising the embankment and appurtenant structures to increase the storage capacity of the dam, and

(b) relocating and reinstalling services and structures such as access bridges, and

(c) storing water using the new dam structures.

(2) Development that is ancillary to other development in this clause (including the upgrading or construction of access roads, utilities infrastructure, construction accommodation and construction compounds).

(3) In this clause--

"development" does not include--

(a) the following for the purposes of the assessment of the dam wall raising project--

(i) surveys,

(ii) test drilling,

(iii) test excavations,

(iv) geotechnical investigations,

(v) other tests, surveys, sampling or investigations, or

(b) the relocation of the Wyangala Waters Holiday Park and associated works, including the construction of a water treatment plant and access roads and the relocation and reinstallation of utilities infrastructure.

3 Mole River Dam

(1) Development for the purposes of a new dam located at Mole River in the Tenterfield local government area.

(2) Development that is ancillary to other development in this clause (including the upgrading or construction of access roads, utilities infrastructure, construction accommodation and construction compounds).

4 Dungowan Dam

(1) Development for the purposes of a new dam located at Ogunbil in the Tamworth Regional local government area, including--

(a) the construction of a bulk water pipeline from the new dam to intersect with the pipeline from Chaffey Dam, and

(b) decommissioning the existing Dungowan Dam and related infrastructure and services, and

(c) rehabilitating the storage area of the existing Dungowan Dam.

(2) Development that is ancillary to other development in this clause (including the upgrading or construction of access roads, utilities infrastructure, construction accommodation and construction compounds).

(3) In this clause--

"development" does not include the following for the purposes of the assessment of the new dam--

(a) surveys,

(b) test drilling,

(c) test excavations,

(d) geotechnical investigations,

(e) other tests, surveys, sampling or investigations.

5 Western Weirs program

(1) Development for the purposes of regulating the flows of water in the Barwon-Darling unregulated river system from the Queensland border to Menindee Lakes, and the Lower Darling regulated river system from downstream of the Menindee Lakes to the junction with the Murray River at Wentworth, including the following--

(a) the construction of new regulating structures,

(b) the removal or decommissioning of existing weirs,

(c) the construction of structures to enable the passage of fish.

(2) Development that is ancillary to other development in this clause (including the upgrading or construction of access roads, utilities infrastructure, construction accommodation and construction compounds).