(2) This Chapter sets out requirements in relation to the following matters that a water resource plan must comply with in order for it to be accredited or adopted under Division 2 of Part 2 of the Act (item 11 of the table in subsection 22(1) of the Act):
(a) the identification of the water resource plan area and other matters (Part 2);
(b) the incorporation, and application, of the long‑term annual diversion limit for each SDL resource unit in the water resource plan area (Part 3);
(c) the sustainable use and management of water resources of the water resource plan area within the long‑term annual diversion limits (Part 4);
(d) the regulation, for the purpose of managing Basin water resources, of interception activities with a significant impact (whether on an activity‑by‑activity basis or cumulatively) on those water resources (Part 5);
(e) planning for environmental watering (Part 6);
(f) water quality objectives for the water resource plan area (Part 7);
(g) the circumstances in which tradeable water rights in relation to the water resource plan area may be traded, and the conditions applicable to such trades (Part 8);
(h) the broad approaches to the way risks to the water resources of the water resource plan area should be addressed (Part 9);
(i) information about measuring the water taken from the water resources of the water resource plan area and monitoring the water resources of the water resource plan area (Part 10);
(j) reviews of the water resource plan and amendments of the plan arising from those reviews (Part 11);
(k) the scientific information or models on which the water resource plan is to be based (Part 12);
(l) planning for extreme events (Part 13);
(m) Indigenous values and uses (Part 14)
.
10.01 Simplified outline
10.01 Simplified outline
(2) This Chapter sets out requirements in relation to the following matters that a water resource plan must comply with in order for it to be accredited or adopted under Division 2 of Part 2 of the Act (item 11 of the table in subsection 22(1) of the Act):
(a) the identification of the water resource plan area and other matters (Part 2);
(b) the incorporation, and application, of the long‑term annual diversion limit for each SDL resource unit in the water resource plan area (Part 3);
(c) the sustainable use and management of water resources of the water resource plan area within the long‑term annual diversion limits (Part 4);
(d) the regulation, for the purpose of managing Basin water resources, of interception activities with a significant impact (whether on an activity‑by‑activity basis or cumulatively) on those water resources (Part 5);
(e) planning for environmental watering (Part 6);
(f) water quality objectives for the water resource plan area (Part 7);
(g) the circumstances in which tradeable water rights in relation to the water resource plan area may be traded, and the conditions applicable to such trades (Part 8);
(h) the broad approaches to the way risks to the water resources of the water resource plan area should be addressed (Part 9);
(i) information about measuring the water taken from the water resources of the water resource plan area and monitoring the water resources of the water resource plan area (Part 10);
(j) reviews of the water resource plan and amendments of the plan arising from those reviews (Part 11);
(k) the scientific information or models on which the water resource plan is to be based (Part 12);
(l) planning for extreme events (Part 13);
(m) Indigenous values and uses (Part 14)
.
Part Part 10 - Basin Plan 2012 - Water resource plan requirements | Zoe
Part 2 Identification of water resource plan area and other matters
Part 2—Identification of water resource plan area and other matters
(2) The water resource plan area must be one of the water resource plan areas described in Part 2 of Chapter 3 and must be identified using the same description of that area as is set out in that Part, with any variations permitted by section 3.04.
(3) The water resources must be those described in Part 2 of Chapter 3 as the water resources of the water resource plan area and must be identified using the same description of those water resources as is set out in that Part.
(2) The SDL resource units must be those described in sections 6.02 and 6.03 and Schedules 2 and 4 as the SDL resource units within the water resource plan area, as applicable.
(3) The water resources within each SDL resource unit must be those described in sections 6.02 and 6.03, and Schedules 2 and 4.
10.04 Form of water resource plan
(3) If an instrument or text applies only to some of the water resources of the water resource plan area, the water resource plan must:
(c) the parts of the plan that will cease to have effect or are to be reviewed, and the times at which those parts will cease to have effect or are to be reviewed.
Note: For paragraphs (a) and (b), the list may, for example, group multiple requirements in Chapter 10 together and specify that those requirements are addressed in a single document that deals with those requirements.
(5) If a water resource plan is constituted by an instrument or text which contains additional material that is not part of the water resource plan, the water resource plan must identify that material.
(a) be prepared having regard to the management and use of any water resources which have a significant hydrological connection to the water resources of the water resource plan area; and
(1) For each matter that this Chapter requires to be dealt with in a water resource plan, the plan must specify the person responsible for the matter.
(2) Without limiting subsection (1), if a water resource plan requires a measure or action to be undertaken, the plan must specify the person responsible for undertaking that measure or action.
(1) A water resource plan prepared by a Basin State must contain a description of the consultation in relation to the plan (including in relation to any part of the plan), if any, that was undertaken before the State gave the plan to the Authority under subsection 63(1) of the Act.
Note: A water resource plan prepared by the Authority and adopted under section 69 of the Act is a legislative instrument. The Legislative Instruments Act 2003 requires that the explanatory statements for such plans describe the consultation undertaken in relation to the plans.
(2) If a water resource plan is amended in accordance with section 65 of the Act, the plan must contain a description of the consultation in relation to the amendment, if any, that was undertaken before the relevant Basin State gave the proposed amendment to the Authority under subsection 65(2) of the Act.
10.02 Identification of water resource plan area and water resources
(2) The water resource plan area must be one of the water resource plan areas described in Part 2 of Chapter 3 and must be identified using the same description of that area as is set out in that Part, with any variations permitted by section 3.04.
(3) The water resources must be those described in Part 2 of Chapter 3 as the water resources of the water resource plan area and must be identified using the same description of those water resources as is set out in that Part.
10.03 Identification of SDL resource units and water resources
(2) The SDL resource units must be those described in sections 6.02 and 6.03 and Schedules 2 and 4 as the SDL resource units within the water resource plan area, as applicable.
(3) The water resources within each SDL resource unit must be those described in sections 6.02 and 6.03, and Schedules 2 and 4.
10.04 Form of water resource plan
Part 2—Identification of water resource plan area and other matters
(2) The water resource plan area must be one of the water resource plan areas described in Part 2 of Chapter 3 and must be identified using the same description of that area as is set out in that Part, with any variations permitted by section 3.04.
(3) The water resources must be those described in Part 2 of Chapter 3 as the water resources of the water resource plan area and must be identified using the same description of those water resources as is set out in that Part.
(2) The SDL resource units must be those described in sections 6.02 and 6.03 and Schedules 2 and 4 as the SDL resource units within the water resource plan area, as applicable.
(3) The water resources within each SDL resource unit must be those described in sections 6.02 and 6.03, and Schedules 2 and 4.
10.04 Form of water resource plan
(3) If an instrument or text applies only to some of the water resources of the water resource plan area, the water resource plan must:
(c) the parts of the plan that will cease to have effect or are to be reviewed, and the times at which those parts will cease to have effect or are to be reviewed.
Note: For paragraphs (a) and (b), the list may, for example, group multiple requirements in Chapter 10 together and specify that those requirements are addressed in a single document that deals with those requirements.
(5) If a water resource plan is constituted by an instrument or text which contains additional material that is not part of the water resource plan, the water resource plan must identify that material.
(a) be prepared having regard to the management and use of any water resources which have a significant hydrological connection to the water resources of the water resource plan area; and
(1) For each matter that this Chapter requires to be dealt with in a water resource plan, the plan must specify the person responsible for the matter.
(2) Without limiting subsection (1), if a water resource plan requires a measure or action to be undertaken, the plan must specify the person responsible for undertaking that measure or action.
(1) A water resource plan prepared by a Basin State must contain a description of the consultation in relation to the plan (including in relation to any part of the plan), if any, that was undertaken before the State gave the plan to the Authority under subsection 63(1) of the Act.
Note: A water resource plan prepared by the Authority and adopted under section 69 of the Act is a legislative instrument. The Legislative Instruments Act 2003 requires that the explanatory statements for such plans describe the consultation undertaken in relation to the plans.
(2) If a water resource plan is amended in accordance with section 65 of the Act, the plan must contain a description of the consultation in relation to the amendment, if any, that was undertaken before the relevant Basin State gave the proposed amendment to the Authority under subsection 65(2) of the Act.
Water resource plan constituted by 2 or Water resource plan constituted by 2 or more instruments
(3) If an instrument or text applies only to some of the water resources of the water resource plan area, the water resource plan must:
Water resource plan to include list of r Water resource plan to include list of requirements
(c) the parts of the plan that will cease to have effect or are to be reviewed, and the times at which those parts will cease to have effect or are to be reviewed.
Note: For paragraphs (a) and (b), the list may, for example, group multiple requirements in Chapter 10 together and specify that those requirements are addressed in a single document that deals with those requirements.
Material not forming part of the water r Material not forming part of the water resource plan
(5) If a water resource plan is constituted by an instrument or text which contains additional material that is not part of the water resource plan, the water resource plan must identify that material.
10.05 Regard to other water resources
(a) be prepared having regard to the management and use of any water resources which have a significant hydrological connection to the water resources of the water resource plan area; and
10.06 Matters relating to requirements of Chapter
(1) For each matter that this Chapter requires to be dealt with in a water resource plan, the plan must specify the person responsible for the matter.
(2) Without limiting subsection (1), if a water resource plan requires a measure or action to be undertaken, the plan must specify the person responsible for undertaking that measure or action.
10.07 Consultation to be demonstrated
(1) A water resource plan prepared by a Basin State must contain a description of the consultation in relation to the plan (including in relation to any part of the plan), if any, that was undertaken before the State gave the plan to the Authority under subsection 63(1) of the Act.
Note: A water resource plan prepared by the Authority and adopted under section 69 of the Act is a legislative instrument. The Legislative Instruments Act 2003 requires that the explanatory statements for such plans describe the consultation undertaken in relation to the plans.
(2) If a water resource plan is amended in accordance with section 65 of the Act, the plan must contain a description of the consultation in relation to the amendment, if any, that was undertaken before the relevant Basin State gave the proposed amendment to the Authority under subsection 65(2) of the Act.
Part 3 Incorporation and application of long‑term annual diversion limit
(c) the characteristics of each class of right including, where appropriate, the number of rights and any conditions on the exercise of the rights.
(1) A water resource plan must identify the planned environmental water in the water resource plan area and associated rules and arrangements relating to that water.
(2) A water resource plan must provide for the establishment and maintenance of a register, to be published on a website specified by the plan, of held environmental water for the water resource plan area which records:
(a) the characteristics of held environmental water in the water resource plan area (for example, quantity, reliability, security class, licence type, limitations); and
(3) Subsection (2) is satisfied if the plan identifies a register of held environmental water which records the matters required by subsection (2) and is published on a website.
Note: This Division sets out the principal provisions for how a water resource plan incorporates and applies the SDL for each SDL resource unit. The SDLs take effect from 1 July 2019. Water resource plans may be accredited before then and have effect until the relevant time referred to in section 64 of the Act.
(1) For each SDL resource unit in a water resource plan area, and for each form of take, the water resource plan must set out the method for determining the maximum quantity of water that the plan permits to be taken for consumptive use during a water accounting period.
(2) The method for subsection (1) may include modelling, and must be designed to be applied after the end of the relevant water accounting period, having regard to the water resources available during the period.
(4) The plan must also set out a demonstration that the method relates to the SDL of each resource unit in such a way that, if applied over a repeat of the historical climate conditions, it would result in meeting the SDL for the resource unit, including as amended under section 23B of the Act.
Note 1: Under the Basin Plan, the SDL is the same as the long‑term annual diversion limit because the temporary diversion provision for each SDL resource unit is zero. Section 6.04 and Schedules 2 and 4 set out the SDLs for each SDL resource unit.
(5) If, as a result of an amendment under section 23B of the Act, the SDL for a surface water SDL resource unit is expressed as a formula that changes with time, the SDL for subsection (4) is taken to be:
(c) for a water accounting period beginning on or after 1 July 2024—the SDL as it stood on the day before the beginning of the relevant water accounting period.
(1) A water resource plan must set out rules (including, if applicable, rules for water allocations) that ensure, as far as practicable, that the quantity of water actually taken from each SDL resource unit for consumptive use in a water accounting period that beginning on or after 1 July 2019 does not (after making any adjustments for the disposal or acquisition of held environmental water) exceed the unit’s annual permitted take for the period.
Note 1: Water resource plans are not required to give effect to the long‑term average sustainable diversion limits until 1 July 2019. Compliance with the long‑term annual diversion limit will then be measured using the annual permitted take (see Part 4 of Chapter 6). The annual permitted take is defined in subsections 6.10(1) and 6.12B(1).
Note 2: Water allocations can be made during or before a water accounting period. The annual permitted take is usually worked out after the end of a water accounting period.
(2) To avoid doubt, the rules may be designed to ensure that the quantity of water that is actually taken for consumptive use from an SDL resource unit in a water accounting period is less than the annual permitted take.
(b) water allocations that are determined in one water accounting period and used in another, including water allocations that are carried over from one water accounting period to the next;
(c) for a surface water SDL resource unit—return flows, in a way that is consistent with arrangements under the Agreement immediately before the commencement of the Basin Plan;
(3) For paragraph (1)(d), the water resource plan must account for the disposal and acquisition of held environmental water separately and in a way that does not affect the method under section 10.10.
(1) Subject to this section, a water resource plan must require that the long‑term annual average quantity of water that can be taken from a surface water SDL resource unit for consumptive use by:
(2) The quantity specified in subsection (1) for a form of take may be increased above the level specified in column 2 of Schedule 3 for that form of take if:
(a) the long‑term annual average quantity of water that can be taken by another form of take from the same SDL resource unit is changed at the same time so that there is no overall change in the total long‑term annual average quantity of water that can be taken; and
(ii) in the case of a form of take that is not capable of being accurately measured at the time the water resource plan is submitted for accreditation or adoption—being reasonably estimated using the best available method immediately before the water resource plan is submitted; and
(c) the changes are not expected to result in the take from the SDL resource unit ceasing to be an environmentally sustainable level of take.
(1) A water resource plan must identify the effect, or potential effect, if any, of the following on the use and management of the water resources of the water resource plan area:
(a) the taking of groundwater that is not a Basin water resource resulting in water being removed from a groundwater SDL resource unit in the water resource plan area because of a pre‑existing hydrological connection or a hydrological connection created by the process of taking that groundwater;
(b) the taking of groundwater that is not a Basin water resource resulting in water that would otherwise flow directly or indirectly into an SDL resource unit in the water resource plan area no longer flowing into that unit.
(2) If a water resource plan identifies an effect, or potential effect, of the kind referred to in subsection (1), the water resource plan must set out:
(3) Without limiting paragraph (2)(b), the water resource plan may require a person to hold a water access right in the water resource plan area in relation to the effect, or potential effect, identified.
(1) A water resource plan must set out how the quantity of water actually taken for consumptive use by each form of take from each SDL resource unit will be determined after the end of a water accounting period using the best information available at the time.
Note: The annual actual take for the SDL resource unit is the sum of the quantity of water actually taken by each form of take for consumptive use: see subsections 6.10(2) and 6.12B(2). Paragraph 71(1)(c) of the Act requires the annual actual take to be set out in a report to the Authority within 4 months after the end of the water accounting period.
(2) For a particular form of take, and subject to the requirement that a determination use the best information available at the time, a determination may be made by:
(3) Where a determination for a form of take is made by estimating the quantity of water actually taken, the water resource plan must provide for the estimate to be done consistently with the method under subsection 10.10(1) that relates to that form of take.
(a) include water that was held environmental water which was disposed of and then used in the SDL resource unit for consumptive use; and
Division 1 Water access rights
(c) the characteristics of each class of right including, where appropriate, the number of rights and any conditions on the exercise of the rights.
(1) A water resource plan must identify the planned environmental water in the water resource plan area and associated rules and arrangements relating to that water.
(2) A water resource plan must provide for the establishment and maintenance of a register, to be published on a website specified by the plan, of held environmental water for the water resource plan area which records:
(a) the characteristics of held environmental water in the water resource plan area (for example, quantity, reliability, security class, licence type, limitations); and
(3) Subsection (2) is satisfied if the plan identifies a register of held environmental water which records the matters required by subsection (2) and is published on a website.
Note: This Division sets out the principal provisions for how a water resource plan incorporates and applies the SDL for each SDL resource unit. The SDLs take effect from 1 July 2019. Water resource plans may be accredited before then and have effect until the relevant time referred to in section 64 of the Act.
(1) For each SDL resource unit in a water resource plan area, and for each form of take, the water resource plan must set out the method for determining the maximum quantity of water that the plan permits to be taken for consumptive use during a water accounting period.
(2) The method for subsection (1) may include modelling, and must be designed to be applied after the end of the relevant water accounting period, having regard to the water resources available during the period.
(4) The plan must also set out a demonstration that the method relates to the SDL of each resource unit in such a way that, if applied over a repeat of the historical climate conditions, it would result in meeting the SDL for the resource unit, including as amended under section 23B of the Act.
Note 1: Under the Basin Plan, the SDL is the same as the long‑term annual diversion limit because the temporary diversion provision for each SDL resource unit is zero. Section 6.04 and Schedules 2 and 4 set out the SDLs for each SDL resource unit.
(5) If, as a result of an amendment under section 23B of the Act, the SDL for a surface water SDL resource unit is expressed as a formula that changes with time, the SDL for subsection (4) is taken to be:
(c) for a water accounting period beginning on or after 1 July 2024—the SDL as it stood on the day before the beginning of the relevant water accounting period.
(1) A water resource plan must set out rules (including, if applicable, rules for water allocations) that ensure, as far as practicable, that the quantity of water actually taken from each SDL resource unit for consumptive use in a water accounting period that beginning on or after 1 July 2019 does not (after making any adjustments for the disposal or acquisition of held environmental water) exceed the unit’s annual permitted take for the period.
Note 1: Water resource plans are not required to give effect to the long‑term average sustainable diversion limits until 1 July 2019. Compliance with the long‑term annual diversion limit will then be measured using the annual permitted take (see Part 4 of Chapter 6). The annual permitted take is defined in subsections 6.10(1) and 6.12B(1).
Note 2: Water allocations can be made during or before a water accounting period. The annual permitted take is usually worked out after the end of a water accounting period.
(2) To avoid doubt, the rules may be designed to ensure that the quantity of water that is actually taken for consumptive use from an SDL resource unit in a water accounting period is less than the annual permitted take.
(b) water allocations that are determined in one water accounting period and used in another, including water allocations that are carried over from one water accounting period to the next;
(c) for a surface water SDL resource unit—return flows, in a way that is consistent with arrangements under the Agreement immediately before the commencement of the Basin Plan;
(3) For paragraph (1)(d), the water resource plan must account for the disposal and acquisition of held environmental water separately and in a way that does not affect the method under section 10.10.
(1) Subject to this section, a water resource plan must require that the long‑term annual average quantity of water that can be taken from a surface water SDL resource unit for consumptive use by:
(2) The quantity specified in subsection (1) for a form of take may be increased above the level specified in column 2 of Schedule 3 for that form of take if:
(a) the long‑term annual average quantity of water that can be taken by another form of take from the same SDL resource unit is changed at the same time so that there is no overall change in the total long‑term annual average quantity of water that can be taken; and
(ii) in the case of a form of take that is not capable of being accurately measured at the time the water resource plan is submitted for accreditation or adoption—being reasonably estimated using the best available method immediately before the water resource plan is submitted; and
(c) the changes are not expected to result in the take from the SDL resource unit ceasing to be an environmentally sustainable level of take.
(1) A water resource plan must identify the effect, or potential effect, if any, of the following on the use and management of the water resources of the water resource plan area:
(a) the taking of groundwater that is not a Basin water resource resulting in water being removed from a groundwater SDL resource unit in the water resource plan area because of a pre‑existing hydrological connection or a hydrological connection created by the process of taking that groundwater;
(b) the taking of groundwater that is not a Basin water resource resulting in water that would otherwise flow directly or indirectly into an SDL resource unit in the water resource plan area no longer flowing into that unit.
(2) If a water resource plan identifies an effect, or potential effect, of the kind referred to in subsection (1), the water resource plan must set out:
(3) Without limiting paragraph (2)(b), the water resource plan may require a person to hold a water access right in the water resource plan area in relation to the effect, or potential effect, identified.
(1) A water resource plan must set out how the quantity of water actually taken for consumptive use by each form of take from each SDL resource unit will be determined after the end of a water accounting period using the best information available at the time.
Note: The annual actual take for the SDL resource unit is the sum of the quantity of water actually taken by each form of take for consumptive use: see subsections 6.10(2) and 6.12B(2). Paragraph 71(1)(c) of the Act requires the annual actual take to be set out in a report to the Authority within 4 months after the end of the water accounting period.
(2) For a particular form of take, and subject to the requirement that a determination use the best information available at the time, a determination may be made by:
(3) Where a determination for a form of take is made by estimating the quantity of water actually taken, the water resource plan must provide for the estimate to be done consistently with the method under subsection 10.10(1) that relates to that form of take.
(a) include water that was held environmental water which was disposed of and then used in the SDL resource unit for consumptive use; and
10.08 Water access rights must be identified
(c) the characteristics of each class of right including, where appropriate, the number of rights and any conditions on the exercise of the rights.
10.09 Identification of planned environmental water and register of held environmental water
(1) A water resource plan must identify the planned environmental water in the water resource plan area and associated rules and arrangements relating to that water.
(2) A water resource plan must provide for the establishment and maintenance of a register, to be published on a website specified by the plan, of held environmental water for the water resource plan area which records:
(a) the characteristics of held environmental water in the water resource plan area (for example, quantity, reliability, security class, licence type, limitations); and
(3) Subsection (2) is satisfied if the plan identifies a register of held environmental water which records the matters required by subsection (2) and is published on a website.
Division 2 Take for consumptive use
Note: This Division sets out the principal provisions for how a water resource plan incorporates and applies the SDL for each SDL resource unit. The SDLs take effect from 1 July 2019. Water resource plans may be accredited before then and have effect until the relevant time referred to in section 64 of the Act.
10.10 Annual determinations of water permitted to be taken
(1) For each SDL resource unit in a water resource plan area, and for each form of take, the water resource plan must set out the method for determining the maximum quantity of water that the plan permits to be taken for consumptive use during a water accounting period.
(2) The method for subsection (1) may include modelling, and must be designed to be applied after the end of the relevant water accounting period, having regard to the water resources available during the period.
(4) The plan must also set out a demonstration that the method relates to the SDL of each resource unit in such a way that, if applied over a repeat of the historical climate conditions, it would result in meeting the SDL for the resource unit, including as amended under section 23B of the Act.
Note 1: Under the Basin Plan, the SDL is the same as the long‑term annual diversion limit because the temporary diversion provision for each SDL resource unit is zero. Section 6.04 and Schedules 2 and 4 set out the SDLs for each SDL resource unit.
(5) If, as a result of an amendment under section 23B of the Act, the SDL for a surface water SDL resource unit is expressed as a formula that changes with time, the SDL for subsection (4) is taken to be:
(c) for a water accounting period beginning on or after 1 July 2024—the SDL as it stood on the day before the beginning of the relevant water accounting period.
10.11 Rules for take, including water allocation rules
(1) A water resource plan must set out rules (including, if applicable, rules for water allocations) that ensure, as far as practicable, that the quantity of water actually taken from each SDL resource unit for consumptive use in a water accounting period that beginning on or after 1 July 2019 does not (after making any adjustments for the disposal or acquisition of held environmental water) exceed the unit’s annual permitted take for the period.
Note 1: Water resource plans are not required to give effect to the long‑term average sustainable diversion limits until 1 July 2019. Compliance with the long‑term annual diversion limit will then be measured using the annual permitted take (see Part 4 of Chapter 6). The annual permitted take is defined in subsections 6.10(1) and 6.12B(1).
Note 2: Water allocations can be made during or before a water accounting period. The annual permitted take is usually worked out after the end of a water accounting period.
A water resource plan may provide for le A water resource plan may provide for less water to be taken
(2) To avoid doubt, the rules may be designed to ensure that the quantity of water that is actually taken for consumptive use from an SDL resource unit in a water accounting period is less than the annual permitted take.
10.12 Matters relating to accounting for water
(b) water allocations that are determined in one water accounting period and used in another, including water allocations that are carried over from one water accounting period to the next;
(c) for a surface water SDL resource unit—return flows, in a way that is consistent with arrangements under the Agreement immediately before the commencement of the Basin Plan;
(3) For paragraph (1)(d), the water resource plan must account for the disposal and acquisition of held environmental water separately and in a way that does not affect the method under section 10.10.
10.13 Limits on certain forms of take
(1) Subject to this section, a water resource plan must require that the long‑term annual average quantity of water that can be taken from a surface water SDL resource unit for consumptive use by:
(2) The quantity specified in subsection (1) for a form of take may be increased above the level specified in column 2 of Schedule 3 for that form of take if:
(a) the long‑term annual average quantity of water that can be taken by another form of take from the same SDL resource unit is changed at the same time so that there is no overall change in the total long‑term annual average quantity of water that can be taken; and
(ii) in the case of a form of take that is not capable of being accurately measured at the time the water resource plan is submitted for accreditation or adoption—being reasonably estimated using the best available method immediately before the water resource plan is submitted; and
(c) the changes are not expected to result in the take from the SDL resource unit ceasing to be an environmentally sustainable level of take.
10.14 Effects, and potential effects, on water resources of the water resource plan area
(1) A water resource plan must identify the effect, or potential effect, if any, of the following on the use and management of the water resources of the water resource plan area:
(a) the taking of groundwater that is not a Basin water resource resulting in water being removed from a groundwater SDL resource unit in the water resource plan area because of a pre‑existing hydrological connection or a hydrological connection created by the process of taking that groundwater;
(b) the taking of groundwater that is not a Basin water resource resulting in water that would otherwise flow directly or indirectly into an SDL resource unit in the water resource plan area no longer flowing into that unit.
(2) If a water resource plan identifies an effect, or potential effect, of the kind referred to in subsection (1), the water resource plan must set out:
(3) Without limiting paragraph (2)(b), the water resource plan may require a person to hold a water access right in the water resource plan area in relation to the effect, or potential effect, identified.
Division 3 Actual take
(c) the characteristics of each class of right including, where appropriate, the number of rights and any conditions on the exercise of the rights.
(1) A water resource plan must identify the planned environmental water in the water resource plan area and associated rules and arrangements relating to that water.
(2) A water resource plan must provide for the establishment and maintenance of a register, to be published on a website specified by the plan, of held environmental water for the water resource plan area which records:
(a) the characteristics of held environmental water in the water resource plan area (for example, quantity, reliability, security class, licence type, limitations); and
(3) Subsection (2) is satisfied if the plan identifies a register of held environmental water which records the matters required by subsection (2) and is published on a website.
Note: This Division sets out the principal provisions for how a water resource plan incorporates and applies the SDL for each SDL resource unit. The SDLs take effect from 1 July 2019. Water resource plans may be accredited before then and have effect until the relevant time referred to in section 64 of the Act.
(1) For each SDL resource unit in a water resource plan area, and for each form of take, the water resource plan must set out the method for determining the maximum quantity of water that the plan permits to be taken for consumptive use during a water accounting period.
(2) The method for subsection (1) may include modelling, and must be designed to be applied after the end of the relevant water accounting period, having regard to the water resources available during the period.
(4) The plan must also set out a demonstration that the method relates to the SDL of each resource unit in such a way that, if applied over a repeat of the historical climate conditions, it would result in meeting the SDL for the resource unit, including as amended under section 23B of the Act.
Note 1: Under the Basin Plan, the SDL is the same as the long‑term annual diversion limit because the temporary diversion provision for each SDL resource unit is zero. Section 6.04 and Schedules 2 and 4 set out the SDLs for each SDL resource unit.
(5) If, as a result of an amendment under section 23B of the Act, the SDL for a surface water SDL resource unit is expressed as a formula that changes with time, the SDL for subsection (4) is taken to be:
(c) for a water accounting period beginning on or after 1 July 2024—the SDL as it stood on the day before the beginning of the relevant water accounting period.
(1) A water resource plan must set out rules (including, if applicable, rules for water allocations) that ensure, as far as practicable, that the quantity of water actually taken from each SDL resource unit for consumptive use in a water accounting period that beginning on or after 1 July 2019 does not (after making any adjustments for the disposal or acquisition of held environmental water) exceed the unit’s annual permitted take for the period.
Note 1: Water resource plans are not required to give effect to the long‑term average sustainable diversion limits until 1 July 2019. Compliance with the long‑term annual diversion limit will then be measured using the annual permitted take (see Part 4 of Chapter 6). The annual permitted take is defined in subsections 6.10(1) and 6.12B(1).
Note 2: Water allocations can be made during or before a water accounting period. The annual permitted take is usually worked out after the end of a water accounting period.
(2) To avoid doubt, the rules may be designed to ensure that the quantity of water that is actually taken for consumptive use from an SDL resource unit in a water accounting period is less than the annual permitted take.
(b) water allocations that are determined in one water accounting period and used in another, including water allocations that are carried over from one water accounting period to the next;
(c) for a surface water SDL resource unit—return flows, in a way that is consistent with arrangements under the Agreement immediately before the commencement of the Basin Plan;
(3) For paragraph (1)(d), the water resource plan must account for the disposal and acquisition of held environmental water separately and in a way that does not affect the method under section 10.10.
(1) Subject to this section, a water resource plan must require that the long‑term annual average quantity of water that can be taken from a surface water SDL resource unit for consumptive use by:
(2) The quantity specified in subsection (1) for a form of take may be increased above the level specified in column 2 of Schedule 3 for that form of take if:
(a) the long‑term annual average quantity of water that can be taken by another form of take from the same SDL resource unit is changed at the same time so that there is no overall change in the total long‑term annual average quantity of water that can be taken; and
(ii) in the case of a form of take that is not capable of being accurately measured at the time the water resource plan is submitted for accreditation or adoption—being reasonably estimated using the best available method immediately before the water resource plan is submitted; and
(c) the changes are not expected to result in the take from the SDL resource unit ceasing to be an environmentally sustainable level of take.
(1) A water resource plan must identify the effect, or potential effect, if any, of the following on the use and management of the water resources of the water resource plan area:
(a) the taking of groundwater that is not a Basin water resource resulting in water being removed from a groundwater SDL resource unit in the water resource plan area because of a pre‑existing hydrological connection or a hydrological connection created by the process of taking that groundwater;
(b) the taking of groundwater that is not a Basin water resource resulting in water that would otherwise flow directly or indirectly into an SDL resource unit in the water resource plan area no longer flowing into that unit.
(2) If a water resource plan identifies an effect, or potential effect, of the kind referred to in subsection (1), the water resource plan must set out:
(3) Without limiting paragraph (2)(b), the water resource plan may require a person to hold a water access right in the water resource plan area in relation to the effect, or potential effect, identified.
(1) A water resource plan must set out how the quantity of water actually taken for consumptive use by each form of take from each SDL resource unit will be determined after the end of a water accounting period using the best information available at the time.
Note: The annual actual take for the SDL resource unit is the sum of the quantity of water actually taken by each form of take for consumptive use: see subsections 6.10(2) and 6.12B(2). Paragraph 71(1)(c) of the Act requires the annual actual take to be set out in a report to the Authority within 4 months after the end of the water accounting period.
(2) For a particular form of take, and subject to the requirement that a determination use the best information available at the time, a determination may be made by:
(3) Where a determination for a form of take is made by estimating the quantity of water actually taken, the water resource plan must provide for the estimate to be done consistently with the method under subsection 10.10(1) that relates to that form of take.
(a) include water that was held environmental water which was disposed of and then used in the SDL resource unit for consumptive use; and
10.15 Determination of actual take must be specified
(1) A water resource plan must set out how the quantity of water actually taken for consumptive use by each form of take from each SDL resource unit will be determined after the end of a water accounting period using the best information available at the time.
Note: The annual actual take for the SDL resource unit is the sum of the quantity of water actually taken by each form of take for consumptive use: see subsections 6.10(2) and 6.12B(2). Paragraph 71(1)(c) of the Act requires the annual actual take to be set out in a report to the Authority within 4 months after the end of the water accounting period.
(2) For a particular form of take, and subject to the requirement that a determination use the best information available at the time, a determination may be made by:
(3) Where a determination for a form of take is made by estimating the quantity of water actually taken, the water resource plan must provide for the estimate to be done consistently with the method under subsection 10.10(1) that relates to that form of take.
(a) include water that was held environmental water which was disposed of and then used in the SDL resource unit for consumptive use; and
Part 4 The sustainable use and management of water resources
This Part sets out the requirements in relation to the sustainable use and management of water resources of the water resource plan area within the long‑term annual diversion limit for an SDL resource unit.
(1) A water resource plan must be prepared having regard to whether it is necessary for it to include rules which ensure that the operation of the plan does not compromise the meeting of environmental watering requirements of priority environmental assets and priority ecosystem functions.
Note: The environmental watering requirements of priority environmental assets and priority ecosystem functions will be set out in long‑term watering plans and may also be set out in the Basin‑wide environmental watering strategy. Long‑term watering plans are required to use the methods in Part 5 of Chapter 8 to identify those requirements.
(3) If the outcome of the requirement in subsection (1) is that such rules are necessary, the water resource plan must include those rules.
(1) A water resource plan must be prepared having regard to whether it is necessary for it to include rules which ensure that, for priority environmental assets and priority ecosystem functions that depend on groundwater, the operation of the plan does not compromise the meeting of environmental watering requirements.
Note: The environmental watering requirements of priority environmental assets and priority ecosystem functions will be set out in long‑term watering plans and may also be set out in the Basin‑wide environmental watering strategy. Long‑term watering plans are required to use the methods in Part 5 of Chapter 8 to identify those requirements.
(2) Without limiting subsection (1), regard must be had to whether it is necessary for the water resource plan to include rules that specify:
(b) resource condition limits, being limits beyond which the taking of groundwater will, for a priority environmental asset that depends on groundwater, compromise an environmental watering requirement; and
(c) restrictions on the water permitted to be taken (including the times, places and rates at which water may be taken) in order to prevent a resource condition limit from being exceeded.
(3) If the outcome of the requirement in subsection (1) is that such rules are necessary, the water resource plan must include those rules.
(1) A water resource plan must be prepared having regard to whether it is necessary for it to include rules which ensure that, for groundwater that has a significant hydrological connection to surface water, the operation of the plan does not compromise the meeting of environmental watering requirements (for example, base flows).
(2) Without limiting subsection (1), regard must be had to whether it is necessary for the water resource plan to include rules that specify:
(b) resource condition limits, being limits beyond which the taking of groundwater will compromise the discharge of water into any surface water resource; and
(c) restrictions on the water permitted to be taken (including the times, places and rates at which water may be taken) in order to prevent a resource condition limit from being exceeded.
(3) If the outcome of the requirement in subsection (1) is that such rules are necessary, the water resource plan must include those rules.
(1) A water resource plan must be prepared having regard to whether it is necessary for it to include rules which ensure that the operation of the plan does not compromise:
(a) the overall structural integrity of the aquifer (whether within or outside the water resource plan area) arising from take within the long‑term annual diversion limit for an SDL resource unit; or
(b) the overall hydraulic relationships and properties between groundwater and surface water systems, between groundwater systems, and within groundwater systems.
(2) Without limiting subsection (1), regard must be had to whether it is necessary for the water resource plan to include rules that specify:
(b) any zones in the water resource plan area where continued groundwater extraction will result in a long‑term decline in groundwater levels; and
(c) measures to prevent any long‑term decline in groundwater levels in that zone, except where the groundwater is a non‑renewable groundwater resource; and
(d) for a non‑renewable groundwater resource—the planned rate of decline in groundwater levels and the anticipated groundwater levels after 50 years from the commencement of the water resource plan; and
(e) resource condition limits, being limits beyond which the taking of groundwater from the SDL resource unit will compromise the objectives in paragraphs (1)(a) and (b); and
(f) restrictions on the water permitted to be taken (including the times, places and rates at which water may be taken) in order to prevent a resource condition limit from being exceeded.
(3) If the outcome of the requirement in subsection (1) is that such rules are necessary, the water resource plan must include those rules.
10.21 Additional requirements for Western Porous Rock, Gunnedah‑Oxley Basin MDB, Sydney Basin MDB and Goulburn‑Murray: Sedimentary Plain SDL resource units
(1) A water resource plan for the NSW Murray‑Darling Basin Porous Rock water resource plan area must, in relation to the Western Porous Rock, Gunnedah‑Oxley Basin MDB and Sydney Basin MDB SDL resource units, include rules that are designed to ensure that the objectives set out in the following provisions are met:
(2) A water resource plan for the Goulburn‑Murray water resource plan area must, in relation to the Goulburn‑Murray: Sedimentary Plain SDL resource unit, include rules that are designed to ensure that the objective set out in section 10.20 is met.
(a) in section 10.18—that for priority environmental assets and priority ecosystem functions that depend on groundwater, the operation of the plan does not compromise the meeting of environmental watering requirements;
(b) in section 10.19—that for groundwater that has a significant hydrological connection to surface water, the operation of the plan does not compromise the meeting of environmental watering requirements;
(i) the overall structural integrity of the aquifer (whether within or outside the water resource plan area) arising from take within the long‑term annual diversion limit for an SDL resource unit; or
(ii) the overall hydraulic relationships and properties between groundwater and surface water systems, between groundwater systems, and within groundwater systems.
(b) if a risk of a kind referred to in subsection 10.41(1) has been identified in relation to the water resources of the water resource plan area—explain why rules addressing the risk have or have not been included in the plan.
Division 1 Sustainable use and management
This Part sets out the requirements in relation to the sustainable use and management of water resources of the water resource plan area within the long‑term annual diversion limit for an SDL resource unit.
(1) A water resource plan must be prepared having regard to whether it is necessary for it to include rules which ensure that the operation of the plan does not compromise the meeting of environmental watering requirements of priority environmental assets and priority ecosystem functions.
Note: The environmental watering requirements of priority environmental assets and priority ecosystem functions will be set out in long‑term watering plans and may also be set out in the Basin‑wide environmental watering strategy. Long‑term watering plans are required to use the methods in Part 5 of Chapter 8 to identify those requirements.
(3) If the outcome of the requirement in subsection (1) is that such rules are necessary, the water resource plan must include those rules.
(1) A water resource plan must be prepared having regard to whether it is necessary for it to include rules which ensure that, for priority environmental assets and priority ecosystem functions that depend on groundwater, the operation of the plan does not compromise the meeting of environmental watering requirements.
Note: The environmental watering requirements of priority environmental assets and priority ecosystem functions will be set out in long‑term watering plans and may also be set out in the Basin‑wide environmental watering strategy. Long‑term watering plans are required to use the methods in Part 5 of Chapter 8 to identify those requirements.
(2) Without limiting subsection (1), regard must be had to whether it is necessary for the water resource plan to include rules that specify:
(b) resource condition limits, being limits beyond which the taking of groundwater will, for a priority environmental asset that depends on groundwater, compromise an environmental watering requirement; and
(c) restrictions on the water permitted to be taken (including the times, places and rates at which water may be taken) in order to prevent a resource condition limit from being exceeded.
(3) If the outcome of the requirement in subsection (1) is that such rules are necessary, the water resource plan must include those rules.
(1) A water resource plan must be prepared having regard to whether it is necessary for it to include rules which ensure that, for groundwater that has a significant hydrological connection to surface water, the operation of the plan does not compromise the meeting of environmental watering requirements (for example, base flows).
(2) Without limiting subsection (1), regard must be had to whether it is necessary for the water resource plan to include rules that specify:
(b) resource condition limits, being limits beyond which the taking of groundwater will compromise the discharge of water into any surface water resource; and
(c) restrictions on the water permitted to be taken (including the times, places and rates at which water may be taken) in order to prevent a resource condition limit from being exceeded.
(3) If the outcome of the requirement in subsection (1) is that such rules are necessary, the water resource plan must include those rules.
(1) A water resource plan must be prepared having regard to whether it is necessary for it to include rules which ensure that the operation of the plan does not compromise:
(a) the overall structural integrity of the aquifer (whether within or outside the water resource plan area) arising from take within the long‑term annual diversion limit for an SDL resource unit; or
(b) the overall hydraulic relationships and properties between groundwater and surface water systems, between groundwater systems, and within groundwater systems.
(2) Without limiting subsection (1), regard must be had to whether it is necessary for the water resource plan to include rules that specify:
(b) any zones in the water resource plan area where continued groundwater extraction will result in a long‑term decline in groundwater levels; and
(c) measures to prevent any long‑term decline in groundwater levels in that zone, except where the groundwater is a non‑renewable groundwater resource; and
(d) for a non‑renewable groundwater resource—the planned rate of decline in groundwater levels and the anticipated groundwater levels after 50 years from the commencement of the water resource plan; and
(e) resource condition limits, being limits beyond which the taking of groundwater from the SDL resource unit will compromise the objectives in paragraphs (1)(a) and (b); and
(f) restrictions on the water permitted to be taken (including the times, places and rates at which water may be taken) in order to prevent a resource condition limit from being exceeded.
(3) If the outcome of the requirement in subsection (1) is that such rules are necessary, the water resource plan must include those rules.
10.21 Additional requirements for Western Porous Rock, Gunnedah‑Oxley Basin MDB, Sydney Basin MDB and Goulburn‑Murray: Sedimentary Plain SDL resource units
(1) A water resource plan for the NSW Murray‑Darling Basin Porous Rock water resource plan area must, in relation to the Western Porous Rock, Gunnedah‑Oxley Basin MDB and Sydney Basin MDB SDL resource units, include rules that are designed to ensure that the objectives set out in the following provisions are met:
(2) A water resource plan for the Goulburn‑Murray water resource plan area must, in relation to the Goulburn‑Murray: Sedimentary Plain SDL resource unit, include rules that are designed to ensure that the objective set out in section 10.20 is met.
(a) in section 10.18—that for priority environmental assets and priority ecosystem functions that depend on groundwater, the operation of the plan does not compromise the meeting of environmental watering requirements;
(b) in section 10.19—that for groundwater that has a significant hydrological connection to surface water, the operation of the plan does not compromise the meeting of environmental watering requirements;
(i) the overall structural integrity of the aquifer (whether within or outside the water resource plan area) arising from take within the long‑term annual diversion limit for an SDL resource unit; or
(ii) the overall hydraulic relationships and properties between groundwater and surface water systems, between groundwater systems, and within groundwater systems.
(b) if a risk of a kind referred to in subsection 10.41(1) has been identified in relation to the water resources of the water resource plan area—explain why rules addressing the risk have or have not been included in the plan.
10.16 Sustainable use and management of water resources
This Part sets out the requirements in relation to the sustainable use and management of water resources of the water resource plan area within the long‑term annual diversion limit for an SDL resource unit.
Division 2 Surface water
This Part sets out the requirements in relation to the sustainable use and management of water resources of the water resource plan area within the long‑term annual diversion limit for an SDL resource unit.
(1) A water resource plan must be prepared having regard to whether it is necessary for it to include rules which ensure that the operation of the plan does not compromise the meeting of environmental watering requirements of priority environmental assets and priority ecosystem functions.
Note: The environmental watering requirements of priority environmental assets and priority ecosystem functions will be set out in long‑term watering plans and may also be set out in the Basin‑wide environmental watering strategy. Long‑term watering plans are required to use the methods in Part 5 of Chapter 8 to identify those requirements.
(3) If the outcome of the requirement in subsection (1) is that such rules are necessary, the water resource plan must include those rules.
(1) A water resource plan must be prepared having regard to whether it is necessary for it to include rules which ensure that, for priority environmental assets and priority ecosystem functions that depend on groundwater, the operation of the plan does not compromise the meeting of environmental watering requirements.
Note: The environmental watering requirements of priority environmental assets and priority ecosystem functions will be set out in long‑term watering plans and may also be set out in the Basin‑wide environmental watering strategy. Long‑term watering plans are required to use the methods in Part 5 of Chapter 8 to identify those requirements.
(2) Without limiting subsection (1), regard must be had to whether it is necessary for the water resource plan to include rules that specify:
(b) resource condition limits, being limits beyond which the taking of groundwater will, for a priority environmental asset that depends on groundwater, compromise an environmental watering requirement; and
(c) restrictions on the water permitted to be taken (including the times, places and rates at which water may be taken) in order to prevent a resource condition limit from being exceeded.
(3) If the outcome of the requirement in subsection (1) is that such rules are necessary, the water resource plan must include those rules.
(1) A water resource plan must be prepared having regard to whether it is necessary for it to include rules which ensure that, for groundwater that has a significant hydrological connection to surface water, the operation of the plan does not compromise the meeting of environmental watering requirements (for example, base flows).
(2) Without limiting subsection (1), regard must be had to whether it is necessary for the water resource plan to include rules that specify:
(b) resource condition limits, being limits beyond which the taking of groundwater will compromise the discharge of water into any surface water resource; and
(c) restrictions on the water permitted to be taken (including the times, places and rates at which water may be taken) in order to prevent a resource condition limit from being exceeded.
(3) If the outcome of the requirement in subsection (1) is that such rules are necessary, the water resource plan must include those rules.
(1) A water resource plan must be prepared having regard to whether it is necessary for it to include rules which ensure that the operation of the plan does not compromise:
(a) the overall structural integrity of the aquifer (whether within or outside the water resource plan area) arising from take within the long‑term annual diversion limit for an SDL resource unit; or
(b) the overall hydraulic relationships and properties between groundwater and surface water systems, between groundwater systems, and within groundwater systems.
(2) Without limiting subsection (1), regard must be had to whether it is necessary for the water resource plan to include rules that specify:
(b) any zones in the water resource plan area where continued groundwater extraction will result in a long‑term decline in groundwater levels; and
(c) measures to prevent any long‑term decline in groundwater levels in that zone, except where the groundwater is a non‑renewable groundwater resource; and
(d) for a non‑renewable groundwater resource—the planned rate of decline in groundwater levels and the anticipated groundwater levels after 50 years from the commencement of the water resource plan; and
(e) resource condition limits, being limits beyond which the taking of groundwater from the SDL resource unit will compromise the objectives in paragraphs (1)(a) and (b); and
(f) restrictions on the water permitted to be taken (including the times, places and rates at which water may be taken) in order to prevent a resource condition limit from being exceeded.
(3) If the outcome of the requirement in subsection (1) is that such rules are necessary, the water resource plan must include those rules.
10.21 Additional requirements for Western Porous Rock, Gunnedah‑Oxley Basin MDB, Sydney Basin MDB and Goulburn‑Murray: Sedimentary Plain SDL resource units
(1) A water resource plan for the NSW Murray‑Darling Basin Porous Rock water resource plan area must, in relation to the Western Porous Rock, Gunnedah‑Oxley Basin MDB and Sydney Basin MDB SDL resource units, include rules that are designed to ensure that the objectives set out in the following provisions are met:
(2) A water resource plan for the Goulburn‑Murray water resource plan area must, in relation to the Goulburn‑Murray: Sedimentary Plain SDL resource unit, include rules that are designed to ensure that the objective set out in section 10.20 is met.
(a) in section 10.18—that for priority environmental assets and priority ecosystem functions that depend on groundwater, the operation of the plan does not compromise the meeting of environmental watering requirements;
(b) in section 10.19—that for groundwater that has a significant hydrological connection to surface water, the operation of the plan does not compromise the meeting of environmental watering requirements;
(i) the overall structural integrity of the aquifer (whether within or outside the water resource plan area) arising from take within the long‑term annual diversion limit for an SDL resource unit; or
(ii) the overall hydraulic relationships and properties between groundwater and surface water systems, between groundwater systems, and within groundwater systems.
(b) if a risk of a kind referred to in subsection 10.41(1) has been identified in relation to the water resources of the water resource plan area—explain why rules addressing the risk have or have not been included in the plan.
10.17 Priority environmental assets and priority ecosystem functions
(1) A water resource plan must be prepared having regard to whether it is necessary for it to include rules which ensure that the operation of the plan does not compromise the meeting of environmental watering requirements of priority environmental assets and priority ecosystem functions.
Note: The environmental watering requirements of priority environmental assets and priority ecosystem functions will be set out in long‑term watering plans and may also be set out in the Basin‑wide environmental watering strategy. Long‑term watering plans are required to use the methods in Part 5 of Chapter 8 to identify those requirements.
(3) If the outcome of the requirement in subsection (1) is that such rules are necessary, the water resource plan must include those rules.
Division 3 Groundwater
This Part sets out the requirements in relation to the sustainable use and management of water resources of the water resource plan area within the long‑term annual diversion limit for an SDL resource unit.
(1) A water resource plan must be prepared having regard to whether it is necessary for it to include rules which ensure that the operation of the plan does not compromise the meeting of environmental watering requirements of priority environmental assets and priority ecosystem functions.
Note: The environmental watering requirements of priority environmental assets and priority ecosystem functions will be set out in long‑term watering plans and may also be set out in the Basin‑wide environmental watering strategy. Long‑term watering plans are required to use the methods in Part 5 of Chapter 8 to identify those requirements.
(3) If the outcome of the requirement in subsection (1) is that such rules are necessary, the water resource plan must include those rules.
(1) A water resource plan must be prepared having regard to whether it is necessary for it to include rules which ensure that, for priority environmental assets and priority ecosystem functions that depend on groundwater, the operation of the plan does not compromise the meeting of environmental watering requirements.
Note: The environmental watering requirements of priority environmental assets and priority ecosystem functions will be set out in long‑term watering plans and may also be set out in the Basin‑wide environmental watering strategy. Long‑term watering plans are required to use the methods in Part 5 of Chapter 8 to identify those requirements.
(2) Without limiting subsection (1), regard must be had to whether it is necessary for the water resource plan to include rules that specify:
(b) resource condition limits, being limits beyond which the taking of groundwater will, for a priority environmental asset that depends on groundwater, compromise an environmental watering requirement; and
(c) restrictions on the water permitted to be taken (including the times, places and rates at which water may be taken) in order to prevent a resource condition limit from being exceeded.
(3) If the outcome of the requirement in subsection (1) is that such rules are necessary, the water resource plan must include those rules.
(1) A water resource plan must be prepared having regard to whether it is necessary for it to include rules which ensure that, for groundwater that has a significant hydrological connection to surface water, the operation of the plan does not compromise the meeting of environmental watering requirements (for example, base flows).
(2) Without limiting subsection (1), regard must be had to whether it is necessary for the water resource plan to include rules that specify:
(b) resource condition limits, being limits beyond which the taking of groundwater will compromise the discharge of water into any surface water resource; and
(c) restrictions on the water permitted to be taken (including the times, places and rates at which water may be taken) in order to prevent a resource condition limit from being exceeded.
(3) If the outcome of the requirement in subsection (1) is that such rules are necessary, the water resource plan must include those rules.
(1) A water resource plan must be prepared having regard to whether it is necessary for it to include rules which ensure that the operation of the plan does not compromise:
(a) the overall structural integrity of the aquifer (whether within or outside the water resource plan area) arising from take within the long‑term annual diversion limit for an SDL resource unit; or
(b) the overall hydraulic relationships and properties between groundwater and surface water systems, between groundwater systems, and within groundwater systems.
(2) Without limiting subsection (1), regard must be had to whether it is necessary for the water resource plan to include rules that specify:
(b) any zones in the water resource plan area where continued groundwater extraction will result in a long‑term decline in groundwater levels; and
(c) measures to prevent any long‑term decline in groundwater levels in that zone, except where the groundwater is a non‑renewable groundwater resource; and
(d) for a non‑renewable groundwater resource—the planned rate of decline in groundwater levels and the anticipated groundwater levels after 50 years from the commencement of the water resource plan; and
(e) resource condition limits, being limits beyond which the taking of groundwater from the SDL resource unit will compromise the objectives in paragraphs (1)(a) and (b); and
(f) restrictions on the water permitted to be taken (including the times, places and rates at which water may be taken) in order to prevent a resource condition limit from being exceeded.
(3) If the outcome of the requirement in subsection (1) is that such rules are necessary, the water resource plan must include those rules.
10.21 Additional requirements for Western Porous Rock, Gunnedah‑Oxley Basin MDB, Sydney Basin MDB and Goulburn‑Murray: Sedimentary Plain SDL resource units
(1) A water resource plan for the NSW Murray‑Darling Basin Porous Rock water resource plan area must, in relation to the Western Porous Rock, Gunnedah‑Oxley Basin MDB and Sydney Basin MDB SDL resource units, include rules that are designed to ensure that the objectives set out in the following provisions are met:
(2) A water resource plan for the Goulburn‑Murray water resource plan area must, in relation to the Goulburn‑Murray: Sedimentary Plain SDL resource unit, include rules that are designed to ensure that the objective set out in section 10.20 is met.
(a) in section 10.18—that for priority environmental assets and priority ecosystem functions that depend on groundwater, the operation of the plan does not compromise the meeting of environmental watering requirements;
(b) in section 10.19—that for groundwater that has a significant hydrological connection to surface water, the operation of the plan does not compromise the meeting of environmental watering requirements;
(i) the overall structural integrity of the aquifer (whether within or outside the water resource plan area) arising from take within the long‑term annual diversion limit for an SDL resource unit; or
(ii) the overall hydraulic relationships and properties between groundwater and surface water systems, between groundwater systems, and within groundwater systems.
(b) if a risk of a kind referred to in subsection 10.41(1) has been identified in relation to the water resources of the water resource plan area—explain why rules addressing the risk have or have not been included in the plan.
10.18 Priority environmental assets dependent on groundwater
(1) A water resource plan must be prepared having regard to whether it is necessary for it to include rules which ensure that, for priority environmental assets and priority ecosystem functions that depend on groundwater, the operation of the plan does not compromise the meeting of environmental watering requirements.
Note: The environmental watering requirements of priority environmental assets and priority ecosystem functions will be set out in long‑term watering plans and may also be set out in the Basin‑wide environmental watering strategy. Long‑term watering plans are required to use the methods in Part 5 of Chapter 8 to identify those requirements.
(2) Without limiting subsection (1), regard must be had to whether it is necessary for the water resource plan to include rules that specify:
(b) resource condition limits, being limits beyond which the taking of groundwater will, for a priority environmental asset that depends on groundwater, compromise an environmental watering requirement; and
(c) restrictions on the water permitted to be taken (including the times, places and rates at which water may be taken) in order to prevent a resource condition limit from being exceeded.
(3) If the outcome of the requirement in subsection (1) is that such rules are necessary, the water resource plan must include those rules.
10.19 Groundwater and surface water connections
(1) A water resource plan must be prepared having regard to whether it is necessary for it to include rules which ensure that, for groundwater that has a significant hydrological connection to surface water, the operation of the plan does not compromise the meeting of environmental watering requirements (for example, base flows).
(2) Without limiting subsection (1), regard must be had to whether it is necessary for the water resource plan to include rules that specify:
(b) resource condition limits, being limits beyond which the taking of groundwater will compromise the discharge of water into any surface water resource; and
(c) restrictions on the water permitted to be taken (including the times, places and rates at which water may be taken) in order to prevent a resource condition limit from being exceeded.
(3) If the outcome of the requirement in subsection (1) is that such rules are necessary, the water resource plan must include those rules.
10.20 Productive base of groundwater
(1) A water resource plan must be prepared having regard to whether it is necessary for it to include rules which ensure that the operation of the plan does not compromise:
(a) the overall structural integrity of the aquifer (whether within or outside the water resource plan area) arising from take within the long‑term annual diversion limit for an SDL resource unit; or
(b) the overall hydraulic relationships and properties between groundwater and surface water systems, between groundwater systems, and within groundwater systems.
(2) Without limiting subsection (1), regard must be had to whether it is necessary for the water resource plan to include rules that specify:
(b) any zones in the water resource plan area where continued groundwater extraction will result in a long‑term decline in groundwater levels; and
(c) measures to prevent any long‑term decline in groundwater levels in that zone, except where the groundwater is a non‑renewable groundwater resource; and
(d) for a non‑renewable groundwater resource—the planned rate of decline in groundwater levels and the anticipated groundwater levels after 50 years from the commencement of the water resource plan; and
(e) resource condition limits, being limits beyond which the taking of groundwater from the SDL resource unit will compromise the objectives in paragraphs (1)(a) and (b); and
(f) restrictions on the water permitted to be taken (including the times, places and rates at which water may be taken) in order to prevent a resource condition limit from being exceeded.
(3) If the outcome of the requirement in subsection (1) is that such rules are necessary, the water resource plan must include those rules.
10.21 Additional requirements for Western Porous Rock, Gunnedah‑Oxley Basin MDB, Sydney Basin MDB and Goulburn‑Murray: Sedimentary Plain SDL resource units
10.21 Additional requirements for Western Porous Rock, Gunnedah‑Oxley Basin MDB, Sydney Basin MDB and Goulburn‑Murray: Sedimentary Plain SDL resource units
(1) A water resource plan for the NSW Murray‑Darling Basin Porous Rock water resource plan area must, in relation to the Western Porous Rock, Gunnedah‑Oxley Basin MDB and Sydney Basin MDB SDL resource units, include rules that are designed to ensure that the objectives set out in the following provisions are met:
(2) A water resource plan for the Goulburn‑Murray water resource plan area must, in relation to the Goulburn‑Murray: Sedimentary Plain SDL resource unit, include rules that are designed to ensure that the objective set out in section 10.20 is met.
(a) in section 10.18—that for priority environmental assets and priority ecosystem functions that depend on groundwater, the operation of the plan does not compromise the meeting of environmental watering requirements;
(b) in section 10.19—that for groundwater that has a significant hydrological connection to surface water, the operation of the plan does not compromise the meeting of environmental watering requirements;
(i) the overall structural integrity of the aquifer (whether within or outside the water resource plan area) arising from take within the long‑term annual diversion limit for an SDL resource unit; or
(ii) the overall hydraulic relationships and properties between groundwater and surface water systems, between groundwater systems, and within groundwater systems.
Division 4 How requirements have been met
This Part sets out the requirements in relation to the sustainable use and management of water resources of the water resource plan area within the long‑term annual diversion limit for an SDL resource unit.
(1) A water resource plan must be prepared having regard to whether it is necessary for it to include rules which ensure that the operation of the plan does not compromise the meeting of environmental watering requirements of priority environmental assets and priority ecosystem functions.
Note: The environmental watering requirements of priority environmental assets and priority ecosystem functions will be set out in long‑term watering plans and may also be set out in the Basin‑wide environmental watering strategy. Long‑term watering plans are required to use the methods in Part 5 of Chapter 8 to identify those requirements.
(3) If the outcome of the requirement in subsection (1) is that such rules are necessary, the water resource plan must include those rules.
(1) A water resource plan must be prepared having regard to whether it is necessary for it to include rules which ensure that, for priority environmental assets and priority ecosystem functions that depend on groundwater, the operation of the plan does not compromise the meeting of environmental watering requirements.
Note: The environmental watering requirements of priority environmental assets and priority ecosystem functions will be set out in long‑term watering plans and may also be set out in the Basin‑wide environmental watering strategy. Long‑term watering plans are required to use the methods in Part 5 of Chapter 8 to identify those requirements.
(2) Without limiting subsection (1), regard must be had to whether it is necessary for the water resource plan to include rules that specify:
(b) resource condition limits, being limits beyond which the taking of groundwater will, for a priority environmental asset that depends on groundwater, compromise an environmental watering requirement; and
(c) restrictions on the water permitted to be taken (including the times, places and rates at which water may be taken) in order to prevent a resource condition limit from being exceeded.
(3) If the outcome of the requirement in subsection (1) is that such rules are necessary, the water resource plan must include those rules.
(1) A water resource plan must be prepared having regard to whether it is necessary for it to include rules which ensure that, for groundwater that has a significant hydrological connection to surface water, the operation of the plan does not compromise the meeting of environmental watering requirements (for example, base flows).
(2) Without limiting subsection (1), regard must be had to whether it is necessary for the water resource plan to include rules that specify:
(b) resource condition limits, being limits beyond which the taking of groundwater will compromise the discharge of water into any surface water resource; and
(c) restrictions on the water permitted to be taken (including the times, places and rates at which water may be taken) in order to prevent a resource condition limit from being exceeded.
(3) If the outcome of the requirement in subsection (1) is that such rules are necessary, the water resource plan must include those rules.
(1) A water resource plan must be prepared having regard to whether it is necessary for it to include rules which ensure that the operation of the plan does not compromise:
(a) the overall structural integrity of the aquifer (whether within or outside the water resource plan area) arising from take within the long‑term annual diversion limit for an SDL resource unit; or
(b) the overall hydraulic relationships and properties between groundwater and surface water systems, between groundwater systems, and within groundwater systems.
(2) Without limiting subsection (1), regard must be had to whether it is necessary for the water resource plan to include rules that specify:
(b) any zones in the water resource plan area where continued groundwater extraction will result in a long‑term decline in groundwater levels; and
(c) measures to prevent any long‑term decline in groundwater levels in that zone, except where the groundwater is a non‑renewable groundwater resource; and
(d) for a non‑renewable groundwater resource—the planned rate of decline in groundwater levels and the anticipated groundwater levels after 50 years from the commencement of the water resource plan; and
(e) resource condition limits, being limits beyond which the taking of groundwater from the SDL resource unit will compromise the objectives in paragraphs (1)(a) and (b); and
(f) restrictions on the water permitted to be taken (including the times, places and rates at which water may be taken) in order to prevent a resource condition limit from being exceeded.
(3) If the outcome of the requirement in subsection (1) is that such rules are necessary, the water resource plan must include those rules.
10.21 Additional requirements for Western Porous Rock, Gunnedah‑Oxley Basin MDB, Sydney Basin MDB and Goulburn‑Murray: Sedimentary Plain SDL resource units
(1) A water resource plan for the NSW Murray‑Darling Basin Porous Rock water resource plan area must, in relation to the Western Porous Rock, Gunnedah‑Oxley Basin MDB and Sydney Basin MDB SDL resource units, include rules that are designed to ensure that the objectives set out in the following provisions are met:
(2) A water resource plan for the Goulburn‑Murray water resource plan area must, in relation to the Goulburn‑Murray: Sedimentary Plain SDL resource unit, include rules that are designed to ensure that the objective set out in section 10.20 is met.
(a) in section 10.18—that for priority environmental assets and priority ecosystem functions that depend on groundwater, the operation of the plan does not compromise the meeting of environmental watering requirements;
(b) in section 10.19—that for groundwater that has a significant hydrological connection to surface water, the operation of the plan does not compromise the meeting of environmental watering requirements;
(i) the overall structural integrity of the aquifer (whether within or outside the water resource plan area) arising from take within the long‑term annual diversion limit for an SDL resource unit; or
(ii) the overall hydraulic relationships and properties between groundwater and surface water systems, between groundwater systems, and within groundwater systems.
(b) if a risk of a kind referred to in subsection 10.41(1) has been identified in relation to the water resources of the water resource plan area—explain why rules addressing the risk have or have not been included in the plan.
10.22 Description of how requirements have been met
(b) if a risk of a kind referred to in subsection 10.41(1) has been identified in relation to the water resources of the water resource plan area—explain why rules addressing the risk have or have not been included in the plan.
Part 5 Interception activities
Part 5—Interception activities
10.23 Listing types of interception activity
(1) A water resource plan must, having regard to the risk identification and assessment conducted for section 10.41, specify whether there are any types of interception activity in the water resource plan area which have the potential to have a significant impact on:
(a) the water resources of the water resource plan area; or
(b) water resources which are hydrologically connected to the water resources of the water resource plan area;
whether on an activity‑by‑activity basis, or cumulatively.
(2) If there are any such types of interception activity, the water resource plan must list those types.
(3) For the purpose of determining whether a type of interception activity is of the kind referred to in subsection (1), regard must be had to the following factors:
(a) the location of particular activities of that type in the water resource plan area;
(b) the impact of the type of activity on the availability of:
(i) the water resources of the water resource plan area; and
(ii) any water resources which are hydrologically connected to the water resources of the water resource plan area;
(c) the projected growth of the type of activity over the period for which the water resource plan will have effect.
Note: The following are types of interception activity which may have the potential to have a significant impact on the water resources of a water resource plan area:
Note: (a) interception by runoff dams;
Note: (b) interception by commercial plantations;
Note: (c) interception by mining activities, including coal seam gas mining;
Note: (d) interception by floodplain harvesting.
10.24 Monitoring impact of interception activities
If a water resource plan includes a list of the kind referred to in subsection 10.23(2), the plan must set out, in respect of each type of interception activity listed, a process for monitoring the impact of that type of activity on:
(a) the water resources of the water resource plan area; and
(b) water resources which are hydrologically connected to the water resources of the water resource plan area.
10.25 Actions to be taken
(1) A water resource plan must identify actions that will be taken in the event that monitoring under section 10.24 shows that:
(a) an impact of a type of interception activity compromises the meeting of an environmental watering requirement; or
(b) an impact of several types of activity together compromises the meeting of an environmental watering requirement; or
(c) there is an increase in the quantity of water being intercepted by a type of activity;
after the commencement of the water resource plan.
(2) Subsection (1) does not apply if the relevant outcome in paragraph (1)(a), (b) or (c) is accounted for by the method under subsection 10.10(1).
Note 1: This section provides a mechanism to address unanticipated effects of, or changes in, interception activity.
Note 2: Section 10.13 sets out the circumstances in which a water resource plan may allow for an increase in anticipated take by an interception activity.
10.23 Listing types of interception activity
10.23 Listing types of interception activity
(1) A water resource plan must, having regard to the risk identification and assessment conducted for section 10.41, specify whether there are any types of interception activity in the water resource plan area which have the potential to have a significant impact on:
(a) the water resources of the water resource plan area; or
(b) water resources which are hydrologically connected to the water resources of the water resource plan area;
whether on an activity‑by‑activity basis, or cumulatively.
(2) If there are any such types of interception activity, the water resource plan must list those types.
(3) For the purpose of determining whether a type of interception activity is of the kind referred to in subsection (1), regard must be had to the following factors:
(a) the location of particular activities of that type in the water resource plan area;
(b) the impact of the type of activity on the availability of:
(i) the water resources of the water resource plan area; and
(ii) any water resources which are hydrologically connected to the water resources of the water resource plan area;
(c) the projected growth of the type of activity over the period for which the water resource plan will have effect.
Note: The following are types of interception activity which may have the potential to have a significant impact on the water resources of a water resource plan area:
Note: (a) interception by runoff dams;
Note: (b) interception by commercial plantations;
Note: (c) interception by mining activities, including coal seam gas mining;
Note: (d) interception by floodplain harvesting.
10.24 Monitoring impact of interception activities
10.24 Monitoring impact of interception activities
If a water resource plan includes a list of the kind referred to in subsection 10.23(2), the plan must set out, in respect of each type of interception activity listed, a process for monitoring the impact of that type of activity on:
(a) the water resources of the water resource plan area; and
(b) water resources which are hydrologically connected to the water resources of the water resource plan area.
10.25 Actions to be taken
10.25 Actions to be taken
(1) A water resource plan must identify actions that will be taken in the event that monitoring under section 10.24 shows that:
(a) an impact of a type of interception activity compromises the meeting of an environmental watering requirement; or
(b) an impact of several types of activity together compromises the meeting of an environmental watering requirement; or
(c) there is an increase in the quantity of water being intercepted by a type of activity;
after the commencement of the water resource plan.
(2) Subsection (1) does not apply if the relevant outcome in paragraph (1)(a), (b) or (c) is accounted for by the method under subsection 10.10(1).
Note 1: This section provides a mechanism to address unanticipated effects of, or changes in, interception activity.
Note 2: Section 10.13 sets out the circumstances in which a water resource plan may allow for an increase in anticipated take by an interception activity.
Part 6 Planning for environmental watering
Part 6—Planning for environmental watering
10.26 Planning for environmental watering
(1) A water resource plan must provide for environmental watering to occur in a way that:
(a) is consistent with:
(i) the environmental watering plan; and
(ii) the Basin‑wide environmental watering strategy; and
(b) contributes to the achievement of the objectives in Part 2 of Chapter 8.
(2) For the purposes of subsection (1), the water resource plan must be prepared having regard to:
(a) the most recent version of the long‑term watering plan prepared in accordance with the requirements of Division 3 of Part 4 of Chapter 8; and
(b) the views of local communities, including bodies established by a Basin State that express community views in relation to environmental watering.
10.27 Enabling environmental watering between connected water resources
(a) there are 2 water resource plan areas that contain surface water; and
(b) there is a surface water connection between the 2 areas.
(2) The water resource plan for each of the areas must provide for the co‑ordination of environmental watering between the 2 areas.
10.28 No net reduction in the protection of planned environmental water
A water resource plan must ensure that there is no net reduction in the protection of planned environmental water from the protection provided for under State water management law immediately before the commencement of the Basin Plan.
10.26 Planning for environmental watering
10.26 Planning for environmental watering
(1) A water resource plan must provide for environmental watering to occur in a way that:
(a) is consistent with:
(i) the environmental watering plan; and
(ii) the Basin‑wide environmental watering strategy; and
(b) contributes to the achievement of the objectives in Part 2 of Chapter 8.
(2) For the purposes of subsection (1), the water resource plan must be prepared having regard to:
(a) the most recent version of the long‑term watering plan prepared in accordance with the requirements of Division 3 of Part 4 of Chapter 8; and
(b) the views of local communities, including bodies established by a Basin State that express community views in relation to environmental watering.
10.27 Enabling environmental watering between connected water resources
10.27 Enabling environmental watering between connected water resources
(a) there are 2 water resource plan areas that contain surface water; and
(b) there is a surface water connection between the 2 areas.
(2) The water resource plan for each of the areas must provide for the co‑ordination of environmental watering between the 2 areas.
10.28 No net reduction in the protection of planned environmental water
10.28 No net reduction in the protection of planned environmental water
A water resource plan must ensure that there is no net reduction in the protection of planned environmental water from the protection provided for under State water management law immediately before the commencement of the Basin Plan.
Part 7 Water quality objectives
Division 1 Requirement for water quality management plan
(a) for water resource plan areas made up of only surface water SDL resource units—be made in accordance with Division 2;
(c) for water resource plan areas made up of both surface water SDL resource units and groundwater SDL resource units—be made in accordance with:
(i) Division 2 in relation to surface water SDL resource units (as if a reference in Division 2 to the water resource plan area were a reference to the surface water SDL resource units of the water resource plan area); and
(ii) Division 3 in relation to groundwater SDL resource units (as if a reference in Division 3 to the water resource plan area were a reference to the groundwater SDL resource units of the water resource plan area).
The WQM Plan must identify the causes, or likely causes, of water quality degradation in the water resource plan area having regard to the key causes of water quality degradation identified in Part 2 of Chapter 9 and set out in Schedule 10.
If a risk of a kind mentioned in paragraph 10.41(2)(d) has been identified in relation to the water resources of the water resource plan area, the WQM Plan must explain why measures addressing the risk have or have not been included in the water resource plan.
(3) However, if the objectively determined actual value of a water quality characteristic at a site is better than the target value identified in subsection (2), then the target value is that better value.
(i) the alternative target value provides a better level of protection than the value that would apply under subsection (2) or (3), as applicable; or
(ii) the WQM Plan sets out reasons why the alternative target value will be as effective in achieving the objectives in Part 3 of Chapter 9; or
(iii) the WQM Plan sets out reasons why the target value in subsection (2) or (3), as applicable, is inappropriate for the water resource plan area; and
(d) for a water resource that is also covered by a water resource plan area of another Basin State—it is developed in consultation with that State.
(1) The WQM Plan must specify measures to be undertaken in or in relation to the water resources of the water resource plan area that contribute to the achievement of the objectives set out in:
Note 1: Chapter 9 contains both water quality objectives and water quality targets. A WQM Plan must specify measures that contribute to the achievement of the objectives. The targets are relevant only to the extent that subsection (2) requires that the measures be prepared having regard to the targets. This section does not require a WQM Plan to set out measures designed to achieve the targets.
The WQM Plan must identify the sites in the water resource plan area at which the target values for irrigation water apply.
(a) the impact those measures (including the absence of adequate measures) may have on the ability of another Basin State to meet water quality targets; and
The WQM Plan must identify the causes, or likely causes, of water quality degradation in the water resource plan area having regard to the key causes of water quality degradation identified in Part 2 of Chapter 9 and set out in Schedule 10.
(3) However, the WQM Plan may specify alternative water quality target values if they are consistent with the water quality objectives in Part 3 of Chapter 9.
(1) In preparing the WQM Plan, regard must be had to whether it is desirable for it to include rules or measures that support the maintenance of water quality within groundwater SDL resource units against the effects of elevated levels of salinity and other types of water quality degradation, taking into account the causes, or likely causes, of water quality degradation identified under section 10.35A and the water quality target values identified under section 10.35B.
(2) Without limiting subsection (1), regard must be had to whether it is desirable for the WQM Plan to include rules or measures that specify:
(b) resource condition limits, being limits beyond which the taking of groundwater from the groundwater SDL resource unit will result in an elevated level of salinity or another type of water quality degradation; and
(c) restrictions on the water permitted to be taken (including the times, places and rates at which water may be taken) in order to prevent a resource condition limit from being exceeded; and
(d) a requirement to establish and maintain a register which identifies the sites of bores used to monitor salinity or other water quality characteristics in the groundwater SDL resource unit.
(3) If the outcome of the requirement in subsection (1) is that such rules or measures are desirable, the WQM Plan must include those rules or measures, or explain why they have not been included.
10.35D Additional requirement for Western Porous Rock, Gunnedah‑Oxley Basin MDB, Sydney Basin MDB and Goulburn‑Murray: Sedimentary Plain SDL resource units
The WQM Plan for the following water resource plan areas must include rules or measures that are designed to ensure that the objective set out in section 10.35C is met:
(a) the NSW Murray‑Darling Basin Porous Rock water resource plan area, in relation to the Western Porous Rock, Gunnedah‑Oxley Basin MDB and Sydney Basin MDB SDL resource units;
(b) the Goulburn‑Murray water resource plan area, in relation to the Goulburn‑Murray: Sedimentary Plain SDL resource unit.
Note: The objective set out in section 10.35C is that water quality within a groundwater SDL resource unit is maintained against the effects of elevated levels of salinity and other types of water quality degradation.
10.29 Water resource plan to include WQM Plan
(a) for water resource plan areas made up of only surface water SDL resource units—be made in accordance with Division 2;
(c) for water resource plan areas made up of both surface water SDL resource units and groundwater SDL resource units—be made in accordance with:
(i) Division 2 in relation to surface water SDL resource units (as if a reference in Division 2 to the water resource plan area were a reference to the surface water SDL resource units of the water resource plan area); and
(ii) Division 3 in relation to groundwater SDL resource units (as if a reference in Division 3 to the water resource plan area were a reference to the groundwater SDL resource units of the water resource plan area).
Division 2 Surface water
(a) for water resource plan areas made up of only surface water SDL resource units—be made in accordance with Division 2;
(c) for water resource plan areas made up of both surface water SDL resource units and groundwater SDL resource units—be made in accordance with:
(i) Division 2 in relation to surface water SDL resource units (as if a reference in Division 2 to the water resource plan area were a reference to the surface water SDL resource units of the water resource plan area); and
(ii) Division 3 in relation to groundwater SDL resource units (as if a reference in Division 3 to the water resource plan area were a reference to the groundwater SDL resource units of the water resource plan area).
The WQM Plan must identify the causes, or likely causes, of water quality degradation in the water resource plan area having regard to the key causes of water quality degradation identified in Part 2 of Chapter 9 and set out in Schedule 10.
If a risk of a kind mentioned in paragraph 10.41(2)(d) has been identified in relation to the water resources of the water resource plan area, the WQM Plan must explain why measures addressing the risk have or have not been included in the water resource plan.
(3) However, if the objectively determined actual value of a water quality characteristic at a site is better than the target value identified in subsection (2), then the target value is that better value.
(i) the alternative target value provides a better level of protection than the value that would apply under subsection (2) or (3), as applicable; or
(ii) the WQM Plan sets out reasons why the alternative target value will be as effective in achieving the objectives in Part 3 of Chapter 9; or
(iii) the WQM Plan sets out reasons why the target value in subsection (2) or (3), as applicable, is inappropriate for the water resource plan area; and
(d) for a water resource that is also covered by a water resource plan area of another Basin State—it is developed in consultation with that State.
(1) The WQM Plan must specify measures to be undertaken in or in relation to the water resources of the water resource plan area that contribute to the achievement of the objectives set out in:
Note 1: Chapter 9 contains both water quality objectives and water quality targets. A WQM Plan must specify measures that contribute to the achievement of the objectives. The targets are relevant only to the extent that subsection (2) requires that the measures be prepared having regard to the targets. This section does not require a WQM Plan to set out measures designed to achieve the targets.
The WQM Plan must identify the sites in the water resource plan area at which the target values for irrigation water apply.
(a) the impact those measures (including the absence of adequate measures) may have on the ability of another Basin State to meet water quality targets; and
The WQM Plan must identify the causes, or likely causes, of water quality degradation in the water resource plan area having regard to the key causes of water quality degradation identified in Part 2 of Chapter 9 and set out in Schedule 10.
(3) However, the WQM Plan may specify alternative water quality target values if they are consistent with the water quality objectives in Part 3 of Chapter 9.
(1) In preparing the WQM Plan, regard must be had to whether it is desirable for it to include rules or measures that support the maintenance of water quality within groundwater SDL resource units against the effects of elevated levels of salinity and other types of water quality degradation, taking into account the causes, or likely causes, of water quality degradation identified under section 10.35A and the water quality target values identified under section 10.35B.
(2) Without limiting subsection (1), regard must be had to whether it is desirable for the WQM Plan to include rules or measures that specify:
(b) resource condition limits, being limits beyond which the taking of groundwater from the groundwater SDL resource unit will result in an elevated level of salinity or another type of water quality degradation; and
(c) restrictions on the water permitted to be taken (including the times, places and rates at which water may be taken) in order to prevent a resource condition limit from being exceeded; and
(d) a requirement to establish and maintain a register which identifies the sites of bores used to monitor salinity or other water quality characteristics in the groundwater SDL resource unit.
(3) If the outcome of the requirement in subsection (1) is that such rules or measures are desirable, the WQM Plan must include those rules or measures, or explain why they have not been included.
10.35D Additional requirement for Western Porous Rock, Gunnedah‑Oxley Basin MDB, Sydney Basin MDB and Goulburn‑Murray: Sedimentary Plain SDL resource units
The WQM Plan for the following water resource plan areas must include rules or measures that are designed to ensure that the objective set out in section 10.35C is met:
(a) the NSW Murray‑Darling Basin Porous Rock water resource plan area, in relation to the Western Porous Rock, Gunnedah‑Oxley Basin MDB and Sydney Basin MDB SDL resource units;
(b) the Goulburn‑Murray water resource plan area, in relation to the Goulburn‑Murray: Sedimentary Plain SDL resource unit.
Note: The objective set out in section 10.35C is that water quality within a groundwater SDL resource unit is maintained against the effects of elevated levels of salinity and other types of water quality degradation.
10.30 WQM Plan to identify key causes of water quality degradation
The WQM Plan must identify the causes, or likely causes, of water quality degradation in the water resource plan area having regard to the key causes of water quality degradation identified in Part 2 of Chapter 9 and set out in Schedule 10.
10.31 Measures addressing risks arising from water quality degradation
If a risk of a kind mentioned in paragraph 10.41(2)(d) has been identified in relation to the water resources of the water resource plan area, the WQM Plan must explain why measures addressing the risk have or have not been included in the water resource plan.
10.32 WQM Plan to identify water quality target values
(3) However, if the objectively determined actual value of a water quality characteristic at a site is better than the target value identified in subsection (2), then the target value is that better value.
(i) the alternative target value provides a better level of protection than the value that would apply under subsection (2) or (3), as applicable; or
(ii) the WQM Plan sets out reasons why the alternative target value will be as effective in achieving the objectives in Part 3 of Chapter 9; or
(iii) the WQM Plan sets out reasons why the target value in subsection (2) or (3), as applicable, is inappropriate for the water resource plan area; and
(d) for a water resource that is also covered by a water resource plan area of another Basin State—it is developed in consultation with that State.
10.33 WQM Plan to identify measures
(1) The WQM Plan must specify measures to be undertaken in or in relation to the water resources of the water resource plan area that contribute to the achievement of the objectives set out in:
Note 1: Chapter 9 contains both water quality objectives and water quality targets. A WQM Plan must specify measures that contribute to the achievement of the objectives. The targets are relevant only to the extent that subsection (2) requires that the measures be prepared having regard to the targets. This section does not require a WQM Plan to set out measures designed to achieve the targets.
10.34 WQM Plan to identify locations of targets for irrigation water
The WQM Plan must identify the sites in the water resource plan area at which the target values for irrigation water apply.
10.35 Impact of WQM Plan on another Basin State
(a) the impact those measures (including the absence of adequate measures) may have on the ability of another Basin State to meet water quality targets; and
Division 3 Groundwater
(a) for water resource plan areas made up of only surface water SDL resource units—be made in accordance with Division 2;
(c) for water resource plan areas made up of both surface water SDL resource units and groundwater SDL resource units—be made in accordance with:
(i) Division 2 in relation to surface water SDL resource units (as if a reference in Division 2 to the water resource plan area were a reference to the surface water SDL resource units of the water resource plan area); and
(ii) Division 3 in relation to groundwater SDL resource units (as if a reference in Division 3 to the water resource plan area were a reference to the groundwater SDL resource units of the water resource plan area).
The WQM Plan must identify the causes, or likely causes, of water quality degradation in the water resource plan area having regard to the key causes of water quality degradation identified in Part 2 of Chapter 9 and set out in Schedule 10.
If a risk of a kind mentioned in paragraph 10.41(2)(d) has been identified in relation to the water resources of the water resource plan area, the WQM Plan must explain why measures addressing the risk have or have not been included in the water resource plan.
(3) However, if the objectively determined actual value of a water quality characteristic at a site is better than the target value identified in subsection (2), then the target value is that better value.
(i) the alternative target value provides a better level of protection than the value that would apply under subsection (2) or (3), as applicable; or
(ii) the WQM Plan sets out reasons why the alternative target value will be as effective in achieving the objectives in Part 3 of Chapter 9; or
(iii) the WQM Plan sets out reasons why the target value in subsection (2) or (3), as applicable, is inappropriate for the water resource plan area; and
(d) for a water resource that is also covered by a water resource plan area of another Basin State—it is developed in consultation with that State.
(1) The WQM Plan must specify measures to be undertaken in or in relation to the water resources of the water resource plan area that contribute to the achievement of the objectives set out in:
Note 1: Chapter 9 contains both water quality objectives and water quality targets. A WQM Plan must specify measures that contribute to the achievement of the objectives. The targets are relevant only to the extent that subsection (2) requires that the measures be prepared having regard to the targets. This section does not require a WQM Plan to set out measures designed to achieve the targets.
The WQM Plan must identify the sites in the water resource plan area at which the target values for irrigation water apply.
(a) the impact those measures (including the absence of adequate measures) may have on the ability of another Basin State to meet water quality targets; and
The WQM Plan must identify the causes, or likely causes, of water quality degradation in the water resource plan area having regard to the key causes of water quality degradation identified in Part 2 of Chapter 9 and set out in Schedule 10.
(3) However, the WQM Plan may specify alternative water quality target values if they are consistent with the water quality objectives in Part 3 of Chapter 9.
(1) In preparing the WQM Plan, regard must be had to whether it is desirable for it to include rules or measures that support the maintenance of water quality within groundwater SDL resource units against the effects of elevated levels of salinity and other types of water quality degradation, taking into account the causes, or likely causes, of water quality degradation identified under section 10.35A and the water quality target values identified under section 10.35B.
(2) Without limiting subsection (1), regard must be had to whether it is desirable for the WQM Plan to include rules or measures that specify:
(b) resource condition limits, being limits beyond which the taking of groundwater from the groundwater SDL resource unit will result in an elevated level of salinity or another type of water quality degradation; and
(c) restrictions on the water permitted to be taken (including the times, places and rates at which water may be taken) in order to prevent a resource condition limit from being exceeded; and
(d) a requirement to establish and maintain a register which identifies the sites of bores used to monitor salinity or other water quality characteristics in the groundwater SDL resource unit.
(3) If the outcome of the requirement in subsection (1) is that such rules or measures are desirable, the WQM Plan must include those rules or measures, or explain why they have not been included.
10.35D Additional requirement for Western Porous Rock, Gunnedah‑Oxley Basin MDB, Sydney Basin MDB and Goulburn‑Murray: Sedimentary Plain SDL resource units
The WQM Plan for the following water resource plan areas must include rules or measures that are designed to ensure that the objective set out in section 10.35C is met:
(a) the NSW Murray‑Darling Basin Porous Rock water resource plan area, in relation to the Western Porous Rock, Gunnedah‑Oxley Basin MDB and Sydney Basin MDB SDL resource units;
(b) the Goulburn‑Murray water resource plan area, in relation to the Goulburn‑Murray: Sedimentary Plain SDL resource unit.
Note: The objective set out in section 10.35C is that water quality within a groundwater SDL resource unit is maintained against the effects of elevated levels of salinity and other types of water quality degradation.
10.35A WQM Plan to identify key causes o 10.35A WQM Plan to identify key causes of water quality degradation
The WQM Plan must identify the causes, or likely causes, of water quality degradation in the water resource plan area having regard to the key causes of water quality degradation identified in Part 2 of Chapter 9 and set out in Schedule 10.
10.35B WQM Plan to identify water qualit 10.35B WQM Plan to identify water quality target values
(3) However, the WQM Plan may specify alternative water quality target values if they are consistent with the water quality objectives in Part 3 of Chapter 9.
10.35C Consideration to be given to rule 10.35C Consideration to be given to rules or measures
(1) In preparing the WQM Plan, regard must be had to whether it is desirable for it to include rules or measures that support the maintenance of water quality within groundwater SDL resource units against the effects of elevated levels of salinity and other types of water quality degradation, taking into account the causes, or likely causes, of water quality degradation identified under section 10.35A and the water quality target values identified under section 10.35B.
(2) Without limiting subsection (1), regard must be had to whether it is desirable for the WQM Plan to include rules or measures that specify:
(b) resource condition limits, being limits beyond which the taking of groundwater from the groundwater SDL resource unit will result in an elevated level of salinity or another type of water quality degradation; and
(c) restrictions on the water permitted to be taken (including the times, places and rates at which water may be taken) in order to prevent a resource condition limit from being exceeded; and
(d) a requirement to establish and maintain a register which identifies the sites of bores used to monitor salinity or other water quality characteristics in the groundwater SDL resource unit.
(3) If the outcome of the requirement in subsection (1) is that such rules or measures are desirable, the WQM Plan must include those rules or measures, or explain why they have not been included.
10.35D Additional requirement for Wester 10.35D Additional requirement for Western Porous Rock, Gunnedah‑Oxley Basin MDB, Sydney Basin MDB and Goulburn‑Murray: Sedimentary Plain SDL resource units
10.35D Additional requirement for Western Porous Rock, Gunnedah‑Oxley Basin MDB, Sydney Basin MDB and Goulburn‑Murray: Sedimentary Plain SDL resource units
The WQM Plan for the following water resource plan areas must include rules or measures that are designed to ensure that the objective set out in section 10.35C is met:
(a) the NSW Murray‑Darling Basin Porous Rock water resource plan area, in relation to the Western Porous Rock, Gunnedah‑Oxley Basin MDB and Sydney Basin MDB SDL resource units;
(b) the Goulburn‑Murray water resource plan area, in relation to the Goulburn‑Murray: Sedimentary Plain SDL resource unit.
Note: The objective set out in section 10.35C is that water quality within a groundwater SDL resource unit is maintained against the effects of elevated levels of salinity and other types of water quality degradation.
Part 8 Trade of water access rights
Part 8—Trade of water access rights
10.36 Application of Part
This Part does not apply to water access rights of a kind that are not able to be traded under State water management law.
10.37 Circumstances in which conditions in section 12.24 are met
(1) A water resource plan must set out the circumstances in which trade between 2 locations within a groundwater SDL resource unit is permitted. In setting out the circumstances, a water resource plan must ensure that each condition set out in section 12.24 will be met in relation to the proposed trade.
(2) If the water resource plan applies a conversion rate to meet the condition in paragraph 12.24(d), the water resource plan must either:
10.38 Circumstances in which conditions in section 12.25 are met
(1) A water resource plan must set out the circumstances in which trade between 2 groundwater SDL resource units is permitted. In setting out the circumstances, a water resource plan must ensure that each condition set out in section 12.25 will be met in relation to proposed trade.
(2) If the water resource plan applies a conversion rate to meet the condition in paragraph 12.25(e), the water resource plan must either:
10.39 Circumstances in which conditions in section 12.26 are met
(1) A water resource plan must set out the circumstances in which trade between a groundwater SDL resource unit and a surface water SDL resource unit is permitted. In setting out the circumstances, a water resource plan must ensure that each condition set out in section 12.26 will be met in relation to proposed trade.
(2) If the water resource plan applies a conversion rate to meet the condition in paragraph 12.26(e), the water resource plan must either:
10.36 Application of Part
10.36 Application of Part
This Part does not apply to water access rights of a kind that are not able to be traded under State water management law.
10.37 Circumstances in which conditions in section 12.24 are met
10.37 Circumstances in which conditions in section 12.24 are met
(1) A water resource plan must set out the circumstances in which trade between 2 locations within a groundwater SDL resource unit is permitted. In setting out the circumstances, a water resource plan must ensure that each condition set out in section 12.24 will be met in relation to the proposed trade.
(2) If the water resource plan applies a conversion rate to meet the condition in paragraph 12.24(d), the water resource plan must either:
10.38 Circumstances in which conditions in section 12.25 are met
10.38 Circumstances in which conditions in section 12.25 are met
(1) A water resource plan must set out the circumstances in which trade between 2 groundwater SDL resource units is permitted. In setting out the circumstances, a water resource plan must ensure that each condition set out in section 12.25 will be met in relation to proposed trade.
(2) If the water resource plan applies a conversion rate to meet the condition in paragraph 12.25(e), the water resource plan must either:
10.39 Circumstances in which conditions in section 12.26 are met
10.39 Circumstances in which conditions in section 12.26 are met
(1) A water resource plan must set out the circumstances in which trade between a groundwater SDL resource unit and a surface water SDL resource unit is permitted. In setting out the circumstances, a water resource plan must ensure that each condition set out in section 12.26 will be met in relation to proposed trade.
(2) If the water resource plan applies a conversion rate to meet the condition in paragraph 12.26(e), the water resource plan must either:
Part 9 Approaches to addressing risks to water resources
Part 9—Approaches to addressing risks to water resources
10.40 Definitions
risk means a risk listed in a water resource plan in accordance with subsection 10.41(4).
level of risk has the meaning given in AS/NZS ISO 31000:2009 Risk Management—Principles and Guidelines.
10.41 Risk identification and assessment methodology
(1) A water resource plan must be prepared having regard to current and future risks to the condition and continued availability of the water resources of the water resource plan area.
(2) Without limiting subsection (1), the risks include (where applicable):
(a) risks to the capacity to meet environmental watering requirements; and
(b) risks arising from the matters referred to in subsection 10.20(1); and
(c) risks arising from potential interception activities; and
(d) risks arising from elevated levels of salinity or other types of water quality degradation.
(3) In identifying risks for the purposes of subsection (1), regard must be had to:
(a) risks identified in section 4.02; and
(b) any guidelines published by the Authority in relation to risk identification and risk assessment.
(4) The water resource plan must list the risks identified for the purposes of subsection (1).
(5) The water resource plan must assess each risk.
(6) The water resource plan must define the level of risk of each risk, using the following categories:
(a) low;
(b) medium;
(c) high;
(d) if it is considered appropriate, any additional category.
(7) The water resource plan must describe the data and methods used to identify and assess the risks.
(8) The water resource plan must describe any quantified uncertainties in the level of risk attributed to each risk, including the results of any sensitivity analysis.
10.42 Description of risks
A water resource plan must describe:
(a) each risk which is defined in accordance with subsection 10.41(6) as having a medium or higher level of risk; and
(b) factors that contribute to those risks.
10.43 Strategies for addressing risks
(1) If a water resource plan defines a risk in accordance with subsection 10.41(6) as having a medium or higher level of risk, the water resource plan must either:
(a) describe a strategy for the management of the water resources of the water resource plan area to address the risk in a manner commensurate with the level of risk; or
(b) explain why the risk cannot be addressed by the water resource plan in a manner commensurate with the level of risk.
(2) If the water resource plan identifies a risk which relates to a matter dealt with by a requirement in another Part of this Chapter, the strategy must take account of that requirement.
(3) A water resource plan must be prepared having regard to:
(a) the strategies listed in subsection 4.03(3); and
(b) any guidelines published by the Authority in accordance with section 4.04.
Note: The Authority may publish guidelines in accordance with section 4.04 in relation to the implementation of strategies to manage or address risks identified in section 4.02.
10.40 Definitions
10.40 Definitions
risk means a risk listed in a water resource plan in accordance with subsection 10.41(4).
level of risk has the meaning given in AS/NZS ISO 31000:2009 Risk Management—Principles and Guidelines.
10.41 Risk identification and assessment methodology
10.41 Risk identification and assessment methodology
(1) A water resource plan must be prepared having regard to current and future risks to the condition and continued availability of the water resources of the water resource plan area.
(2) Without limiting subsection (1), the risks include (where applicable):
(a) risks to the capacity to meet environmental watering requirements; and
(b) risks arising from the matters referred to in subsection 10.20(1); and
(c) risks arising from potential interception activities; and
(d) risks arising from elevated levels of salinity or other types of water quality degradation.
(3) In identifying risks for the purposes of subsection (1), regard must be had to:
(a) risks identified in section 4.02; and
(b) any guidelines published by the Authority in relation to risk identification and risk assessment.
(4) The water resource plan must list the risks identified for the purposes of subsection (1).
(5) The water resource plan must assess each risk.
(6) The water resource plan must define the level of risk of each risk, using the following categories:
(a) low;
(b) medium;
(c) high;
(d) if it is considered appropriate, any additional category.
(7) The water resource plan must describe the data and methods used to identify and assess the risks.
(8) The water resource plan must describe any quantified uncertainties in the level of risk attributed to each risk, including the results of any sensitivity analysis.
10.42 Description of risks
10.42 Description of risks
A water resource plan must describe:
(a) each risk which is defined in accordance with subsection 10.41(6) as having a medium or higher level of risk; and
(b) factors that contribute to those risks.
10.43 Strategies for addressing risks
10.43 Strategies for addressing risks
(1) If a water resource plan defines a risk in accordance with subsection 10.41(6) as having a medium or higher level of risk, the water resource plan must either:
(a) describe a strategy for the management of the water resources of the water resource plan area to address the risk in a manner commensurate with the level of risk; or
(b) explain why the risk cannot be addressed by the water resource plan in a manner commensurate with the level of risk.
(2) If the water resource plan identifies a risk which relates to a matter dealt with by a requirement in another Part of this Chapter, the strategy must take account of that requirement.
(3) A water resource plan must be prepared having regard to:
(a) the strategies listed in subsection 4.03(3); and
(b) any guidelines published by the Authority in accordance with section 4.04.
Note: The Authority may publish guidelines in accordance with section 4.04 in relation to the implementation of strategies to manage or address risks identified in section 4.02.
Part 10 Measuring and monitoring
Part 10—Measuring and monitoring
10.44 Information relating to measuring take—water access rights
A water resource plan must include the following information in relation to each class of water access right relating to the water resources of the water resource plan area:
(a) the best estimate of the total long‑term annual average quantity of water taken that is measured;
(b) the best estimate of the total long‑term annual average quantity of water taken that is not measured;
(c) how the quantities under paragraphs (a) and (b) were calculated;
(d) the proportion of the quantity referred to in paragraph (a) that is measured in accordance with standards for measuring agreed by the Basin States and the Commonwealth.
10.45 Supporting measuring
(1) A water resource plan must specify measures for maintaining and, if practicable, improving:
(a) the proportion of take that is measured in the water resource plan area; and
(b) the standard to which take is measured.
(2) The water resource plan must specify the timeframe for implementing the measures.
10.46 Monitoring water resources
(1) A water resource plan must specify the monitoring of the water resources of the water resource plan area that will be done to enable the Basin State to fulfil its reporting obligations under section 13.14.
(2) Nothing in this section limits the capacity of the Basin State to conduct other monitoring of the water resources of a water resource plan area.
10.44 Information relating to measuring take—water access rights
10.44 Information relating to measuring take—water access rights
A water resource plan must include the following information in relation to each class of water access right relating to the water resources of the water resource plan area:
(a) the best estimate of the total long‑term annual average quantity of water taken that is measured;
(b) the best estimate of the total long‑term annual average quantity of water taken that is not measured;
(c) how the quantities under paragraphs (a) and (b) were calculated;
(d) the proportion of the quantity referred to in paragraph (a) that is measured in accordance with standards for measuring agreed by the Basin States and the Commonwealth.
10.45 Supporting measuring
10.45 Supporting measuring
(1) A water resource plan must specify measures for maintaining and, if practicable, improving:
(a) the proportion of take that is measured in the water resource plan area; and
(b) the standard to which take is measured.
(2) The water resource plan must specify the timeframe for implementing the measures.
10.46 Monitoring water resources
10.46 Monitoring water resources
(1) A water resource plan must specify the monitoring of the water resources of the water resource plan area that will be done to enable the Basin State to fulfil its reporting obligations under section 13.14.
(2) Nothing in this section limits the capacity of the Basin State to conduct other monitoring of the water resources of a water resource plan area.
Part 11 Reviews of water resource plans
Part 11—Reviews of water resource plans
10.47 Review of water resource plans
A water resource plan must require that if a review of the plan (or a part of the plan) is undertaken, the report of the review must be given to the Authority within 30 days after the report is completed.
10.47A Additional requirements for Western Porous Rock, Gunnedah‑Oxley Basin MDB, Sydney Basin MDB and Goulburn‑Murray: Sedimentary Plain SDL resource units
If a review of the relevant water resource plan in relation to any of the Western Porous Rock, Gunnedah‑Oxley Basin MDB, Sydney Basin MDB or Goulburn‑Murray: Sedimentary Plain SDL resource units is undertaken, the review must assess:
(a) the effectiveness of the implementation of the rules of the water resource plan; and
(b) the extent to which the rules achieve the objectives mentioned in sections 10.21 and 10.35C.
10.48 Amendment of water resource plan
A water resource plan must require a Basin State that proposes an amendment to the plan arising from a review to give the reasons for the amendment to the Authority.
Note: See also section 65 of the Act.
10.47 Review of water resource plans
10.47 Review of water resource plans
A water resource plan must require that if a review of the plan (or a part of the plan) is undertaken, the report of the review must be given to the Authority within 30 days after the report is completed.
10.47A Additional requirements for Weste 10.47A Additional requirements for Western Porous Rock, Gunnedah‑Oxley Basin MDB, Sydney Basin MDB and Goulburn‑Murray: Sedimentary Plain SDL resource units
10.47A Additional requirements for Western Porous Rock, Gunnedah‑Oxley Basin MDB, Sydney Basin MDB and Goulburn‑Murray: Sedimentary Plain SDL resource units
If a review of the relevant water resource plan in relation to any of the Western Porous Rock, Gunnedah‑Oxley Basin MDB, Sydney Basin MDB or Goulburn‑Murray: Sedimentary Plain SDL resource units is undertaken, the review must assess:
(a) the effectiveness of the implementation of the rules of the water resource plan; and
(b) the extent to which the rules achieve the objectives mentioned in sections 10.21 and 10.35C.
10.48 Amendment of water resource plan
10.48 Amendment of water resource plan
A water resource plan must require a Basin State that proposes an amendment to the plan arising from a review to give the reasons for the amendment to the Authority.
Note: See also section 65 of the Act.
Part 12 Information used to prepare water resource plan
Part 12—Information used to prepare water resource plan
10.49 Best available information
(1) A water resource plan must be based on the best available information.
(2) The water resource plan must identify and describe the significant sources of information on which the water resource plan is based.
10.50 Methods used to develop water resource plan
A water resource plan must identify any significant method, model or tool that has been used to develop the water resource plan.
10.49 Best available information
10.49 Best available information
(1) A water resource plan must be based on the best available information.
(2) The water resource plan must identify and describe the significant sources of information on which the water resource plan is based.
10.50 Methods used to develop water resource plan
10.50 Methods used to develop water resource plan
A water resource plan must identify any significant method, model or tool that has been used to develop the water resource plan.
Part 13 Extreme events
Part 13—Extreme events
10.51 Measures in response to extreme events
(1) A water resource plan must describe how the water resources of the water resource plan area will be managed during the following types of events:
(a) an extreme dry period;
(b) a water quality event of an intensity, magnitude and duration that is sufficient to render water acutely toxic or unusable for established local uses and values;
(c) any type of event that has resulted in the suspension of a statutory regional water plan in the past 50 years (including a transitional water resource plan or interim water resource plan).
(2) If an event of a type listed in subsection (1) would compromise a Basin State’s ability to meet critical human water needs in the water resource plan area, the water resource plan must set out measures to meet critical human water needs during such an event.
(3) The water resource plan must provide that, if new scientific information suggests a change in the likelihood of an event of a type listed in subsection (1) occurring (for example, due to climate change), consideration must be given to whether, as a result of this new information, the water resources should be managed differently.
10.51 Measures in response to extreme events
10.51 Measures in response to extreme events
(1) A water resource plan must describe how the water resources of the water resource plan area will be managed during the following types of events:
(a) an extreme dry period;
(b) a water quality event of an intensity, magnitude and duration that is sufficient to render water acutely toxic or unusable for established local uses and values;
(c) any type of event that has resulted in the suspension of a statutory regional water plan in the past 50 years (including a transitional water resource plan or interim water resource plan).
(2) If an event of a type listed in subsection (1) would compromise a Basin State’s ability to meet critical human water needs in the water resource plan area, the water resource plan must set out measures to meet critical human water needs during such an event.
(3) The water resource plan must provide that, if new scientific information suggests a change in the likelihood of an event of a type listed in subsection (1) occurring (for example, due to climate change), consideration must be given to whether, as a result of this new information, the water resources should be managed differently.
Part 14 Indigenous values and uses
Part 14—Indigenous values and uses
Note: If a water resource plan is prepared by a Basin State, it is expected that the Authority will consult with relevant Indigenous organisations in relation to whether the requirements of this Part have been met, for the purposes of paragraph 63(3)(b) of the Act.
10.52 Objectives and outcomes based on Indigenous values and uses
10.52 Objectives and outcomes based on Indigenous values and uses
(a) the objectives of Indigenous people in relation to managing the water resources of the water resource plan area; and
(b) the outcomes for the management of the water resources of the water resource plan area that are desired by Indigenous people.
(2) In identifying the matters set out in subsection (1), regard must be had to:
(a) the social, spiritual and cultural values of Indigenous people that relate to the water resources of the water resource plan area (Indigenous values); and
(b) the social, spiritual and cultural uses of the water resources of the water resource plan area by Indigenous people (Indigenous uses);
as determined through consultation with relevant Indigenous organisations, including (where appropriate) the Murray Lower Darling Rivers Indigenous Nations and the Northern Murray‑Darling Basin Aboriginal Nations.
(3) A person or body preparing a water resource plan may identify opportunities to strengthen the protection of Indigenous values and Indigenous uses in accordance with the objectives and outcomes identified under subsection (1), in which case the opportunities must be specified in the water resource plan.
10.53 Consultation and preparation of water resource plan
10.53 Consultation and preparation of water resource plan
(1) A water resource plan must be prepared having regard to the views of relevant Indigenous organisations with respect to the matters identified under section 10.52 and the following matters:
(a) native title rights, native title claims and Indigenous Land Use Agreements provided for by the Native Title Act 1993 in relation to the water resources of the water resource plan area;
(b) registered Aboriginal heritage relating to the water resources of the water resource plan area;
(c) inclusion of Indigenous representation in the preparation and implementation of the plan;
(d) Indigenous social, cultural, spiritual and customary objectives, and strategies for achieving these objectives;
(e) encouragement of active and informed participation of Indigenous people;
(f) risks to Indigenous values and Indigenous uses arising from the use and management of the water resources of the water resource plan area.
Note: For examples of the principles that may be applied in relation to the participation of Indigenous people, see the document titled ‘MLDRIN and NBAN Principles of Indigenous Engagement in the Murray‑Darling Basin’.
(2) In this section, registered Aboriginal heritage means Aboriginal heritage registered or listed under a law of a Basin State or the Commonwealth that deals with the registration or listing of Aboriginal heritage (regardless of whether the law deals with the listing of other heritage).
10.54 Cultural flows
10.54 Cultural flows
A water resource plan must be prepared having regard to the views of Indigenous people with respect to cultural flows.
10.55 Retention of current protection
10.55 Retention of current protection
A water resource plan must provide at least the same level of protection of Indigenous values and Indigenous uses as provided in:
(a) a transitional water resource plan for the water resource plan area; or
(b) an interim water resource plan for the water resource plan area.