Background
The NSW Government is undertaking actions to address commitments that manage climate change risks as an outcome of the discontinuance of the Border Rivers Water Sharing Plan judicial review. In a joint letter from Ministers Sharpe and Jackson to the Nature Conservation Council (NCC), 10 commitments were made in response to the discontinuance by the NCC. Many of the actions to be led by the department’s Water Group are in support of the response to climate change.
We acknowledge NCC’s role as a leading NSW environmental advocacy organisation and the contribution it makes to climate action and the protection of nature in NSW.
NSW Government commitments
The NSW Government is committed to protecting the rivers of the state and building greater resilience in water sources and ecosystems. We are taking steps to plan for the impacts of climate change by reviewing the way water is managed in NSW.
Some of this work in the context of water-sharing policy is described below, together with specific Ministerial commitments around the work plan and approach.
Extraction limits and climate change
Extraction limits represent the long-term outcome of water-sharing arrangements. In the immediate term, NSW is progressing work to review the adequacy of rules that protect important flows within and between catchments in the Northern Basin based on the advice and recommendations of the Independent Connectivity Expert Panel report, June 2024. This work seeks to improve flows across northern inland NSW and focuses on improving critical environmental and human outcomes after dry periods. This work represents immediate climate change adaptation action and is considered an important precursor to a review of extraction limits in these catchments.
Extraction limits and climate change – summary of commitments
| Commitments | Response/action | Target date | Status |
|---|---|---|---|
| Commitment 1 Departmental reviews will be conducted of the methods for determining extraction limits for inland regulated rivers and NSW coastal unregulated and alluvial water sources, and which will include consideration of future climate change projections. This work will be independently reviewed; | The Ministers have agreed to review the methods developed to consider climate change in: - any future review of LTAAELs for Inland regulated rivers - the Coastal Sustainable Extraction project Further details included in Commitments 2, 5 and 6 | 30 June 2026 | On track |
| Commitment 2 The Office of the NSW Chief Scientist & Engineer be requested to convene an independent review panel to ensure methodology developed under the Minimum Inflow Review program is fit for purpose; | The department is finalising the method document for review. The Office of the Chief Scientist and Engineer is finalising the review panel membership and review Terms of Reference. It is expected that the review will be completed by March 2025. | 30 June 2025 | On track |
| Commitment 5 The method used to determine inland regulated river extraction limits in NSW will be reviewed by the Department during and following the completion of the 2026 Basin Plan Review and its subsequent amendment, or at an earlier time if reasonable. This review will include consideration of: 1. the protection of water sources and their dependent ecosystems and species within the relevant water sharing plan (WSP) area; 2. the health of hydrologically connected water sources and their dependent ecosystems and species located in other WSP areas; 3. future climate projections; 4. a precautionary and adaptable approach, recognising projections of a hotter and drier future climate, as well as increasingly frequent and severe extreme weather events including droughts. This could be achieved by identifying the likely bounds of climate change impact within the term of the plan and using an adaptive approach provided by the WSP review cycle and other mechanisms to manage impacts on an ongoing basis; 5. cultural, social and economic outcomes. | The Basin Plan review is to be completed by the Murray Darling Basin Authority and Australian government in June 2026 and subsequent amendments made by June 2028. The department will commence the LTAAEL review in 2026 and consider implications of and any response to Basin amendments as they are released. | 30 June 2026 and 30 June 2028 | On track |
| Commitment 6 This work, including the method used to calculate inland extraction limits will be independently reviewed in the context of the above and other considerations. The Natural Resources Commission will also be requested to further review the work before an approach is adopted. | Refer to response for commitment 5 | NA | NA |
| Commitment 7 It is critical that the review of inland WSP extraction limits reflect any Basin scale changes that are implemented through changes to the Basin Plan. We understand that this process will be completed in 2027/28 and that NSW will be heavily involved in working with the Murray Darling Basin Authority throughout the process. | Refer to response for commitment 5 | 31 December 2028 | |
| Commitment 8 The NSW Government has also initiated a review by the Department to investigate sustainable extractions in NSW coastal unregulated and alluvial water sources, with a view to implementing sustainable extraction limits in these areas. The review will include consideration of future climate projections and is expected to be completed within four years, when the extraction limits will be implemented as appropriate. An independent peer review of the method used to determine the sustainable extraction limits will also be undertaken before it is implemented. | This action relates to the Coastal sustainable extraction project that has commenced. An independent review of the method employed will be scoped and completed during the project. Noting the Pilot will commence in March 2025, with an implementation plan scheduled for December 2026 (implementation will follow). Related to this work includes the management of climate change risk as part of the water sharing plans, assessment of the unregulated LTAAELs (usage estimates). | December 2026 | |
| Commitment 9 The Independent Connectivity Expert Panel is due to provide its draft report at the end of March 2024 and its final report in late June 2024. The NSW Government will then review the report and implement any agreed changes in the Northern valleys. | The Independent Connectivity panel provided its final report to Minister in July 2024, and it was released in late July. As a first step in line with the timetable set out in the report the department is undertaking comprehensive hydrologic and economic analyses of the Panel’s recommendations to fully understand the potential benefits and impacts in December 2024. See progress update. | Initial advice to Minister Dec 2024 Review of options during 2025 30 June 2026 |
Maintenance of water supply: period of lowest accumulated inflows
The Department is also undertaking a major review program called the "Minimum Inflow Review" which will consider the minimum volume of water required to be set aside in public storages to meet basic landholder rights and critical human needs, including town water supply. The Office of the NSW Chief Scientist & Engineer has been requested to convene an independent review panel to ensure that the methodology developed under the Minimum Inflow Review program is fit for purpose.
The review currently relates to seven regulated inland water sources, namely the NSW Border Rivers, Gwydir, Namoi, Macquarie-Cudgegong, Lachlan, Murrumbidgee and Murray, and will be extended to the other inland regulated water sources (Peel and Belubula) and the coastal regulated water sources (Hunter, Bega and Richmond).
Maintenance of water supply: period of lowest accumulated inflows – summary of commitments
| Commitments | Response/action | Target date | Status |
|---|---|---|---|
| Commitment 10 Before the Minimum Inflow Review program is finalised by June 2026, the Ministers will ensure that the review considers: 1. whether and how the period of lowest accumulated inflows takes into account and is responsive to projected climate change and climate change impacts in and around the particular catchment, and 2. ensuring that the methodology used to define the period incorporates and responds to the possibilities for extreme low flow drought events. | The minimum inflows review will consider both projected climate change and an assessment of drought outcomes. | NA | NA |
Regular meeting
Regular meetings – summary of commitment
| Commitments | Response/action | Target date | Status |
|---|---|---|---|
| Commitment 4 Quarterly meetings will occur between the Ministers and the NCC. | No further action for the Department – action for the Minister’s office. | NA | Ongoing |
Review
Review – summary of commitments
| Commitments | Response/action | Target date | Status |
|---|---|---|---|
| Commitment 3 The Natural Resources Commission be requested to review the effectiveness of rules that accommodate water management in extreme low flow drought events; and | The Department will work with the NRC on delivery of this commitment, noting that work will be progressed for each inland surface water plan as part of the NRC Water Sharing Plan audit and review program. | Post regulated water sharing plan amendment or remake as part of regular NRC WSP reviews and audits. | On track |