New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE MACQUARIE AND CUDGEGONG REGULATED RIVERS WATER SOURCE 2016 - REG 14

14 Planned environmental water

(1) This clause establishes the planned environmental water rules for this Plan.

(2) Subject to the provisions of subclauses (3), (4), (6) and (7), planned environmental water releases shall be made from Windamere Dam water storage whenever the sum of storage inflows plus tributary inflows downstream of the water storage is capable of producing a flow in the Cudgegong River at Rocky Water Hole of at least 150 megalitres per day (hereafter
"ML/day" ) for 2 days or more, subject to any start and finish dates applied under subclause (4) (a).

(3) The rate of planned environmental water releases under subclause (2) shall be the lesser of:

(a) storage inflow, and

(b) the rate of release necessary to achieve 1,500 ML/day in the Cudgegong River at Rocky Water Hole.

(4) At the commencement of each water year the Minister may, under section 45 (1) (b) of the Act:

(a) set start and finish dates in the water year for which planned environmental water releases referred to in subclause (2) can occur, and

(b) alter the Cudgegong River flow at Rocky Water Hole referred to in subclauses (2) and (3) (b) provided they remain within the range of 150 to 1,500 ML/day.

(5) Before taking action under subclause (4) the Minister should seek advice from the Environmental Flow Reference Group if established under subclause (23) regarding the need for, and the extent of any changes.

(6) Release of planned environmental water from Windamere Dam under subclause (2) shall not be made:

(a) when the storage level in Windamere Dam water storage is at or below 110,000 megalitres, or

(b) after the total volume of water released under subclause (2) during any water year has reached 10,000 megalitres.

(7) The volume of planned environmental water released from Windamere Dam shall be assessed as:

(a) the volume of water released under subclause (2) in excess of the volume of releases required to meet access licence water orders in the Cudgegong River downstream of Rocky Water Hole, and

(b) zero, when Windamere Dam is spilling.

(8) Releases of planned environmental water from Windamere Dam water storage may not be used to supply access licence requirements between Windamere Dam water storage and Burrendong Dam water storage.

(9) Once planned environmental water released under subclause (2) has entered Burrendong Dam water storage it shall no longer be designated as environmental water.

(10) An environmental water allowance shall be established for environmental purposes downstream of Burrendong Dam and shall be released:

(a) as specified in this clause to improve environmental outcomes in the Macquarie Marshes and Macquarie River between Burrendong Dam and the Macquarie Marshes, and

(b) with appropriate regard to the matters listed in clause 23 (a) to (f).

(11) An account of the water credited to and released from the environmental water allowance shall be kept.

(12) The volumes credited to and debited from the environmental water allowance are to be calculated according to the following:

(a) whenever an available water determination is made for regulated river (general security) access licences, the allowance shall be credited with a volume equal to 160,000 megalitres multiplied by the number of megalitres per unit share specified in that available water determination, except when the available water determination is made pursuant to clause 37 (6) or (7),

(b) if the operation of clause 31 results in the limit to the sum of available water determinations for regulated river (general security) access licences being less than 1 megalitre per unit share, then, in any water year when the sum of available water determinations for regulated river (general security) access licences reaches the reduced allowable maximum, the environmental water allowance shall continue to be credited as if the maximum allocation for regulated river (general security) access licences had remained at 1 megalitre per unit share,

(c) the volume credited to the allowance shall be distributed between two sub-allowances in the following way:

(i) sub-allowance 1 (translucent) is to receive three fifths of the volume, and

(ii) sub-allowance 2 (active) is to receive two fifths of the volume,

(d) sub-allowance 1 and sub-allowance 2 shall be debited in accordance with the following:

(i) when releases are made under subclause (16) (c) and the flow at u/s Marebone Break minus downstream water orders and associated losses is less than or equal to the flow specified in subclause (16) (d) (ii) then suballowance 1 shall be debited with a volume equal to the flow at u/s Marebone Break minus downstream water orders and associated losses, minus the daily flow rate specified in subclause (16) (c) (i),

(ii) when the flow at u/s Marebone Break minus downstream water orders and associated losses is greater than the flow specified in subclause (16) (d) (ii) then suballowance 1 shall be debited with a volume equal to the flow specified in subclause (16) (d) (ii), minus the daily flow rate specified in subclause (16) (c) (i), and

(iii) when releases of sub-allowance 2 are made the volume to be debited from that allowance is to be equal to the lesser of:

(1) the volume of sub-allowance 2 water requested for delivery on the days that the sub-allowance 2 water arrives at u/s Marebone Break, minus downstream water orders and associated losses, or

(2) the flow at u/s Marebone Break minus downstream water orders and associated losses, on the days that the sub-allowance 2 water arrives at u/s Marebone Break,

(e) at the end of each water year:

(i) the total volume held in the two sub-allowances that is greater than 160,000 megalitres shall be forfeited, and

(ii) the remaining water held in the two sub-allowances shall be redistributed between the sub-allowances according to the proportions set out in paragraph (c) or as modified under subclause (13),

(f) evaporation reductions shall apply to the water carried over in the sub-allowances from the previous water year, based on the net evaporation on the extra surface area in Windamere Dam and Burrendong Dam water storages generated by the carried over water,

(g) the volume of water carried over in the sub-allowances from the previous water year, shall be reduced at the end of each month during which the water level in Burrendong Dam water storage was in the FMZ for all or part of that month,

(h) the total volume of reduction under paragraph (g) shall be the lesser of:

(i) the total remaining volume of water carried over in the environmental water sub-allowances from the previous water year, or

(ii) the result of the formula TI × EC / (TC + EC), where:

"TI" is the total volume of inflow to Burrendong Dam water storage while the water level in Burrendong Dam water storage is in the FMZ,

"TC" is the total volume remaining in carryover sub-accounts of regulated river (general security) access licences with extraction components that permit the taking of water downstream of Burrendong Dam water storage (hereafter
"Macquarie regulated river (general security) access licences" ), and

"EC" is the remaining volume of water carried over in the environmental water allowance from the previous water year,

(i) when all water held in carryover sub-accounts of Macquarie regulated river (general security) access licences has been withdrawn under clause 44 (3) (h), and an available water determination of 1 megalitre per unit share or such lower amount as results from clause 31 (2), has been made for all regulated river (general security) access licences under clause 37 (6), then the environmental water allowance shall be credited with sufficient volume to bring the total volume in the allowance to 160,000 megalitres, and

(j) whenever an available water determination of 1 megalitre per unit share or such lower amount as results from clause 31 (2), has been made for all regulated river (general security) access licences as a result of the water level in Burrendong Dam water storage re-entering the FMZ under clause 37 (7), the environmental water allowance shall be credited with sufficient volume to bring the total volume in the allowance to 160,000 megalitres.

(13) At the commencement of each water year the Minister may, under section 45 (1) (b) of the Act, alter the distribution specified in subclause (12) (c), providing that each sub-allowance receives at least two fifths of the total allowance and the sum of the proportions remains one.

(14) Before taking action under subclause (13) the Minister should seek advice from the Environmental Flow Reference Group if established under subclause (23) regarding the need for and extent of changes under subclause (13), and such advice should consider:

(a) the environmental outcomes achieved from the release of water from the environmental water allowance and from other flows in this water source in the previous 12 months,

(b) the current condition and likely condition over the coming 12 months of the Macquarie Marshes, and

(c) the desired environmental outcomes for the regulated Macquarie River and the Macquarie Marshes.

(15) Pursuant to section 45 (1) (b) of the Act and clause 66, the Minister may amend subclause (13) to the extent specified in clause 66.

(16) Release of sub-allowance 1 (translucent) water shall be made from Burrendong Dam according to the following:

(a) water carried over from the previous water year shall be released before water that has been credited to sub-allowance 1 (translucent) in the current water year,

(b) releases shall only be made during the periods 1 June to 30 November (inclusive) and 15 March to 31 May (inclusive) each year,

(c) releases shall only be made when:

(i) the sum of storage inflows plus tributary inflows downstream of Burrendong Dam would be capable of providing a flow of at least 500 ML/day for 5 days or more in the Macquarie River immediately upstream of Marebone Weir, and

(ii) the water level in Burrendong Dam water storage is not within the Flood Mitigation Zone (here after the
"FMZ" ), or

(iii) the sum of tributary inflows between Burrendong Dam and u/s Marebone Break is less than or equal to 1000 megalitres per day,

Note : Clause 63 requires that water releases from the FMZ be made to provide beneficial flooding for the regulated Macquarie River, the Macquarie Marshes, Marebone floodplain and effluent creeks.

(d) the rate of release shall be the lesser of:

(i) the storage inflow, or

(ii) the rate of release necessary to achieve up to a maximum flow target of 4,000 ML/day in the Macquarie River immediately upstream of Marebone Weir,

(e) releases of sub-allowance 1 (translucent) water shall cease when the sum of storage inflows plus tributary inflows reduces to a level which would no longer result in a flow of at least the volume specified by paragraph (c), unless releases of sub-allowance 1 (translucent) water are being extended by release of sub-allowance 2 (active),

(f) releases of sub-allowance 1 (translucent) water shall cease when the allowance volume held in sub-allowance 1 (translucent) reaches zero, subject to the rules for use of sub-allowance 2 (active) water developed under subclause (22),

(g) releases of sub-allowance 1 (translucent) water may also cease if the health of the regulated sections of the Macquarie River and its effluents or the Macquarie Marshes would not in the opinion of the Minister, be significantly improved by further releases of sub-allowance 1 (translucent) water,

(h) before ceasing releases of sub-allowance 1 (translucent) water, under paragraph (g) the Minister should consult with the Minister for the Environment unless the action is in accordance with any advice provided under paragraph (i),

(i) at the commencement of each water year the Minister should seek advice from the Environmental Flow Reference Group if established under subclause (23), regarding the factors or measurements which would indicate that the circumstances in paragraph (g) had occurred, and

(j) releases of sub-allowance 1 (translucent) water may be extended using releases of sub-allowance 2 (active) after consideration of advice provided under subclause (22) (k) (ii).

(17) At the commencement of each water year the Minister may, under section 45 (1) (b) of the Act, alter the dates specified in subclause 16 (b) but only within the extent of the periods specified in subclause (16) (b) at the time of Plan Gazettal.

(18) Before altering subclause (16) (b) in accordance with subclause (17) the Minister should seek advice from the Environmental Flow Reference Group if established under subclause (23), regarding the need for and extent of changes, and such advice should consider:

(a) the outcomes achieved from the use of the environmental water allowance and planned environmental water in the previous 12 months,

(b) the current condition and likely condition over the coming 12 months of the Macquarie Marshes, and

(c) the desired environmental outcomes for the regulated sections of the Macquarie River and its effluents and the Macquarie Marshes.

(19) At the commencement of each water year the Minister may, under section 45 (1) (b) of the Act alter the release trigger of 500 ML/day in subclause (16) (c) and the maximum flow target of 4,000 ML/day in subclause (16) (d).

(20) Pursuant to subclause (19) the maximum flow target of 4,000 ML/day may be increased if:

(a) changes to the flow constraints on the Warren floodplain or water management outlet works during the term of this Plan are such that community assets are not at risk from higher storage releases, or

(b) an assessment using the performance indicators specified in clause 11 demonstrates that the Macquarie River or the Macquarie Marshes would benefit from a higher maximum flow target to maintain its ecological condition.

(21) Before altering subclause (16) (c) or (d) in accordance with subclause (19) the Minister should seek advice from the Environmental Flow Reference Group if established under subclause (23), regarding the need for and extent of changes, and such advice should consider:

(a) the outcomes achieved from the use of the environmental water allowance and planned environmental water in the previous 12 months,

(b) the current condition and likely condition over the coming 12 months of the Macquarie Marshes, and

(c) the desired environmental outcomes for the regulated main stem of the Macquarie River and the Macquarie Marshes.

(22) Releases of sub-allowance 2 (active) water are to be made from Burrendong Dam according to the following:

(a) water carried over from the previous water year shall be released before water that has been credited to sub-allowance 2 (active) in the current water year,

(b) releases of sub-allowance 2 (active) water may not be made to meet ecological needs in the Macquarie River or the Macquarie Marshes if these needs will be met by releases under subclause (16), unless releases of sub-allowance 2 (active) water are to be made pursuant to subclause (22) (g), (i) and (j),

(c) releases may be made at any time of the year to enhance opportunities for native fish recruitment and dispersal in the Macquarie River and Macquarie Marshes,

(d) releases may be made at any time of the year to ensure the successful completion of colonial water bird breeding, except when:

(i) the volume of sub-allowance 2 (active) water in storage and climate predictions over the breeding event period indicates that the event cannot be sustained, or

(ii) all water bird colonies cannot be sustained, then priority will be dependant on the species type, location of breeding site, number of pairs, vulnerability of the population and long-term ecosystem maintenance overrides individual species or present annual wetland requirements,

(e) releases may be made at any time of the year for the purpose of alleviating severe, unnaturally prolonged drought conditions in the Macquarie Marshes where habitat maintenance of semi-permanent wetlands as defined by River Red Gum Woodlands, water couch and common reed is seen as critical,

(f) releases may be made at any time of the year for the purpose of any other ecological objectives, identified pursuant to paragraph (g),

(g) before the commencement of each water year the Minister should identify any other ecological objects for the purpose of paragraph (f) and develop detailed rules to govern the releases of sub-allowance 2 (active) water to address these ecological objectives and the ecological objectives or contingent events specified in paragraphs (b), (c), (d) (ii) and (e),

(h) the Minister should seek advice from the Environmental Flow Reference Group if established under subclause (23), at any time within the water year regarding the use of sub-allowance 2 (active) water for the purposes specified in paragraphs (c), (d) (ii), (e) and (f),

(i) in the event that the detailed rules referred to in paragraph (g) have not been developed, sub-allowance 2 (active) water shall be released according to the rules applying to sub-allowance 1 (translucent) water once the volume in sub-allowance 1 is exhausted,

(j) the rules developed under paragraph (22) (g) may permit sub-allowance 2 (active) water to be used to extend releases of sub-allowance 1 (translucent) water, and

(k) at the commencement of each water year the Minister should seek advice from the Environmental Flow Reference Group if established under subclause (23), on:

(i) the priority of ecological objectives and the rules that will govern the use of sub-allowance 2 (active) water during the coming water year, and

(ii) the circumstances under which releases of sub-allowance 1 (translucent) water may be extended using sub-allowance 2 (active) water when the volume in sub-allowance 1 (translucent) is nearing zero.

(23) An Environmental Flow Reference Group should be established by the Minister under section 388 of the Act for the purpose of providing advice in accordance with subclauses (5), (14), (16) (i), (18), (21), (22) (h) and (k) and clause 66 (6).

(24) In providing advice in accordance with subclauses (5), (14), (16) (i), (18), (21), (22) (h) and (k) and clause 66 (6), the Environmental Flows Reference Group shall have regard to:

(a) the objectives of this Plan,

(b) the principles of adaptive management,

(c) restoration of river flow variability within the constraints of the regulated river system,

(d) maintenance, rehabilitation or restoration, where possible, of the links between the river and its floodplain, effluent creeks and wetlands,

(e) maintenance, rehabilitation or restoration, where possible, of in-channel and riparian habitats, and

(f) maintenance, rehabilitation or restoration, where possible, of river channel form and processes.

(25) The Environmental Flows Reference Group should be established by 1 October 2004.

(26) The Environmental Flow Reference Group should consist of one full member and one deputy member nominated by:

(a) Macquarie River Food and Fibre or its successor,

(b) Macquarie Marshes Environmental Landholders or its successor,

(c) the Macquarie Effluent Creeks Association or its successor,

(d) the Department or its successor,

(e) NSW Fisheries or its successor,

(f) NSW National Parks and Wildlife Service or its successor,

(g) Nature Conservation Council or its subsequent organisation with a background in ecology, and

(h) Cudgegong Valley Water Committee or its successor.

(27) The Environmental Flows Reference Group may also consist of other members as appointed by the Minister.

(28) Members of the Environmental Flows Reference Group should be appointed for a period of 5 years.

(29) Members of the Environmental Flows Reference Group should select the Chair.

(30) A quorum of the Environmental Flows Reference Group should be two community representatives and representatives of the Department or its successor, and NSW National Parks and Wildlife Service or its successor.

(31) The Environmental Flows Reference Group should report and communicate on its activities in accordance with procedures established by the Minister.

(32) In the event the Environmental Flows Reference Group is able to reach consensus on its advice to the Minister, then the Minister should either:

(a) accept that advice and make the recommended management changes, or

(b) manage in accordance with subclauses (2), (3), (6), (7), (8), (12), (16) and (22), or

(c) alter or amend management in accordance with the rules in the relevant provisions of clause 14.

(33) In the event the Environmental Flows Reference Group is unable to reach consensus on its advice to the Minister, then the Minister should either:

(a) manage in accordance with subclauses (2), (3), (6), (7), (8), (12), (16) and (22), or

(b) alter or amend management in accordance with the rules in the relevant provisions of clause 16.

(34) Before taking action in accordance with subclauses (32) (c) or (33) (c), the Minister should consult with the Minister for the Environment.