Frequently asked questions

Floodplain harvesting is defined in the NSW Floodplain Harvesting Policy (PDF, 410.45 KB). Under the policy, floodplain harvesting is the collection, extraction or impoundment of any water flowing across a designated floodplain. This includes both overbank flow and rainfall runoff. Changes to this definition would require the endorsement of the NSW Government.

The floodplain harvesting reform aims to protect the environment and water users from the impact of unconstrained growth in the activity. Most of the growth in floodplain harvesting in the northern basin is historic, with more than 80% of the growth in on-farm storage volumes since 1994 occurring prior to 2008.

Growth in floodplain harvesting has the potential to adversely affect water users and the environment in the floodplain areas where it occurs. The NSW Floodplain Harvesting Policy (PDF, 410.45 KB) was introduced in 2013 to meet the requirements of the Water Management Act 2000.

It is important that this reform proceeds and the NSW Floodplain Harvesting Policy is fully implemented in order to provide an enforceable legal framework that:

• reduces take where it has caused an exceedance of the legal limits
• prevents further growth.

This will be achieved through the issuing of licences with entitlements and works approvals as well as through the enforcement of measurement and reporting requirements.

Regulation will also:

• improve connection with surrounding areas through more regular inundation
• improve cultural outcomes
• improved environmental outcomes across a range of metrics (waterbirds, native vegetation, native fish and water volumes)
• increase flows to downstream communities
• provide clarity for all water users and the regulator concerning compliance with floodplain harvesting rules
• enable compliance through accurate measurement
• deliver near-real-time information via telemetry
• provide a foundation for adaptive management.

If floodplain harvesting is never licensed or exempt, then the volume of water historically taken from floodplains could potentially be taken from rivers and creeks instead. This would come at a very significant cost to all water users in the basin as it would significantly diminish river flows. It is in the best interests of all stakeholders that historically legitimate floodplain harvesting be licensed, measured and managed within legal limits.

No. Harvestable rights are limited to rainfall runoff collected in a dam located on a minor stream. Water taken through any other work (including a tailwater drain) requires a licence and approval, unless an exemption is in place. To remove doubt, this includes any water transferred to a harvestable rights dam. The harvestable rights areas and the rules for capturing rainfall runoff in those areas are specified in Harvestable Rights Orders.

No. A general amendment provision for floodplain harvesting is being included in water sharing plans that allows rules to be amended, omitted or inserted in relation to floodplain harvesting access licences. This amendment provision will allow the water sharing rules for floodplain harvesting to be adjusted by the minister, without triggering compensation. You can read more about compensation entitlements in sections 87(2) and 87AA(3) of the Water Management Act 2000.

Floodplain management plans provide the rules about the flood works that may be constructed on the floodplain. The NSW Government is delivering the Improving Floodplain Connections Program to  accelerate the timeframe for bringing unapproved flood works into compliance with floodplain management plans.   This program will allow us to achieve by 2024 what would have taken more than 15 years to realise.

The aim is to improve hydraulic connectivity to flood-dependent environmental and cultural assets, with the reform’s major benefits being improvements to the health of these areas throughout the five valleys of the northern Murray–Darling Basin. It does this by helping to bring unapproved flood works — identified as a priority — into compliance quickly. Flood works include structures such as levees/embankments, above-ground storages, supply channels, and access roads.

Ensuring that existing unapproved flood works follow the rules will help protect flood-dependent ecosystems, Aboriginal cultural values, and heritage sites, and provide social and economic benefits to downstream water users.

• Find out more about the Improving Floodplain Connections Program and floodplain management plans.

There have been 96 priority areas identified in the five northern inland valleys – Border Rivers, Gwydir, Namoi, Macquarie, and Barwon–Darling. Within each area there may be one or more unapproved flood work structures. These areas have also been referred to as hotspots.

• View a map of the areas (PDF, 347 KB).

A priority area is identified as an area where existing flood structures have potentially adverse impacts on flood flow behaviour and/or may also adversely affect flood connectivity to ecological and cultural assets.

As the program progresses, additional areas of concern may be prioritised for possible inclusion in the program or for referral to the  Natural Resources Access Regulator (NRAR).

We identified over 500 works across the six floodplains from a range of data and information sources. We used spatial analysis to assess a range of hydraulic, ecological, and cultural features to prioritise flood works. Priority works are those most likely to cause a significant impact on flood water, reaching dependent environmental and cultural assets. The program prioritises structures that will provide the greatest benefit when they comply. For more information, read our Site Selection and prioritisation fact sheet.

The program will complement existing floodplain harvesting licensing and measurement regulations by improving floodplain connectivity in areas where unapproved or non-compliant flood works — some up to 30 years old — are impeding natural flows.

Structures on the floodplain are regulated under floodplain management plans, which deal only with structures and how they are best managed to protect life and property, flood flow connectivity, and environmental and cultural assets.

Floodplain harvesting is not within the scope of floodplain management plans and, therefore, this program. The rules for managing floodplain harvesting and associated water access licences sit within the relevant water sharing plan.

• Find out more about floodplain management plans .

Probity is an important part of the program. We manage consultations and information-sharing with stakeholders (including landholders) in a clear, consistent, ethical, and transparent way, while also protecting privacy and confidentiality.

The Department of Planning and Environment engaged an independent probity advisor to make sure the Improving Floodplain Connections program meets a robust probity framework based on fairness, impartiality, transparency, and accountability.

Yes.

• Probity framework for the Improving Floodplain Connections program (PDF, 342.36 KB)

The Improving Floodplain Connections program has three overall stages. Stage 1 relates to preliminary assessment; Stage 2 is about consultation, and Stage 3 is the removal/modification of works to bring them into compliance. Further information on the timeframe for each stage is available at Improving floodplain connections - Water in New South Wales (nsw.gov.au). Consultation will continue throughout the life of the program.

We will start engagement with key stakeholders and affected landholders in the Gwydir and Barwon–Darling floodplains in mid   to late 2023. We expect to also contact landholders with affected works.

Engagement with key stakeholders and affected landholders in the Namoi and Macquarie River valleys will begin later in the second half of 2023.

Works included in the program are structures that meet the Water Management Act 2000 definition of a flood work, are within the priority areas of the Improving Floodplain Connections program and do not have a flood work approval or are being used outside of the approval conditions.

A flood work structure can be:

• an access road
• a building/house pad
• an above- or below-ground channel
• a levee or embankment
• above-ground storage.

Controlled activity approvals are not included in the program.

No. A priority area is an area of interest on the floodplain containing at least some unapproved flood works. It may contain both approved and unapproved flood works and numerous other work types (not just flood works).

No. Many flood works are built for other purposes, and approval of a structure or work by WaterNSW does not mean a landowner is automatically approved to floodplain harvest. A landowner must have a floodplain harvesting access licence to take floodplain water, and this access licence must nominate the water supply works used to take water. This is a separate process from the Improving Floodplain Connections program.

Unapproved flood works may be added to the Improving Floodplain Connections program if they meet the same criteria used in prioritising sites for the program (which considered the hydrological, ecological, and cultural impacts of the works).

Flood works that are not eligible for the Improving Floodplain Connections program to NRAR for further action. The landholder may choose to submit a flood works application to WaterNSW, but they won’t receive support from the Improving Floodplain Connections program on technical assessments, design, or other matters.

Flood work approval applications for private landholders are assessed and approved by WaterNSW .

Flooding in 2022 has provided new data that can assist in identifying high priority flood areas, which is an opportunity for the project to significantly improve the flood risk and ecological outcomes of the project. Using this new data, the department has reviewed non-prioritised unapproved flood works and areas as well as identified new areas. Based on the same systematic approach as the original prioritisation process, the department will add those re-prioritised unapproved flood works or new areas to the program where they are found to have merit.

No specific modelling was undertaken for the Improving Floodplain Connections program prioritisation. Instead, the hydraulic impact assessment identified priority works through analysis of numerous criteria, including but not limited to:

• height of flood structure
• percentage of floodway blocked
• number of floodways blocked
• instream location
• proximity to town levee and extent of impact (measured by flow line and depth of flow in floodway).

Where modelling data was required for the analysis, the Floodplain Management Plan model results were utilised.

The data may contain information about flood work approvals and ecological or cultural assets that are sensitive or private, so the data is unlikely to be made public.

However, a summary of the criteria and process used to prioritise sites will be published on the department’s website .

Yes, as part of the monitoring, evaluation, and reporting (MER) for the program, hydraulic modelling will be used to determine the changes in flow distribution and benefits resulting from the program.

The modelling used to inform the development of floodplain management plans has been updated using the latest topographic and approvals data. This will be used to assess the benefits of the Improving Floodplain Connections program.

The modelling may contain information about flood work approvals and ecological or cultural assets that are sensitive or private, so the models are unlikely to be made public. However, reports detailing the modelling, as well as outputs from the models, will be published on the department’s website .

Various government databases have been used to identify ecological assets. These assets include semi-permanent wetlands, flood-dependent vegetation, and other floodplain ecosystems (including water courses) that are dependent on flooding to maintain their ecological character.

The Improving Floodplain Connections program has used the Aboriginal Heritage Information Management System (AHIMS) database to identify cultural sites. AHIMS is a database containing detailed information on over 93,000 recorded sites and over 13,500 archaeological and cultural heritage assessment reports.

Find out more about the Aboriginal Heritage Information Management System .

No. The Improving Floodplains Connections program only funds assessment studies to support an application for a flood work approval.

All flood works must comply with the rules set out in the relevant floodplain management plan, even if construction occurred prior to the plan commencing. Impacts of flood works on the passage of water across the floodplain, including on property, environmental and cultural locations, were considered during the development of the floodplain management plans.

The department will conduct flood studies when assessing works for the Improving Floodplain Connections program. If modelling predicts significant impacts to downstream properties, alternative solutions may be considered. These solutions must result in the flood work complying with the intended outcome of the rules.

Flood work applications that require advertising are generally those in Management Zone B.

Any flood work applications that are advertised as part of the approvals process will be advertised on WaterNSW’s website. Interested parties may lodge an objection to any advertised application.

You can view and object to advertised applications on the WaterNSW website .

The basic steps are:

1. Landholders with priority flood works will be notified by NRAR (Natural Resources Access Regulator) by letter and/or phone.
2. NRAR will arrange on-site meetings with landholders to inspect the works and analyse existing location information with additional data collection .
3. The program partner agencies will assess if the flood work can feasibly be brought into compliance, based on the rules in the relevant floodplain management plan.
4. To ensure compliance, NRAR will work with landholders with flood works that require removal.
5. For landholders with works that can be modified and brought into compliance, the Department of Planning and Environment will contact them to discuss the next steps of the process.

NRAR will conduct an initial field inspection of the unapproved work. The inspection aims to gather suitable data to assess if the flood work can become compliant with the relevant floodplain management plan rules.

GPS will be used to map the flood work on most sites, photos and drone images will provide clarity on how the structure fits within the landscape, and measurements will be taken to assess height limitations.

The landholder or site manager will be invited to join NRAR staff on the site inspection to help identify the structure and explain the purpose of the structure in the landscape.

Yes. Landholders with a priority unapproved flood work can choose to apply for a flood work approval directly to WaterNSW. Flood work approvals must comply with rules in the relevant floodplain management plan. See the WaterNSW website on approvals.

The Improving Floodplain Connections program offers dedicated human and financial resources to help landholders comply with the rules sooner.

Flood work approval applications for private landholders are assessed and approved by WaterNSW .

This depends on at what point the landowner disagrees.

The Improving Floodplain Connections program focuses on unapproved, high priority works, assessed as having a significant impact on floodplain connectivity.

All works included in the program are considered unapproved (including being partially unapproved or used outside the conditions of the approval). This means landholders will still need to act even if they disagree with the solutions proposed as part of the Improving Floodplain Connections program.

The program covers some of the costs for assessment and approvals for modification or removal of unapproved works.

For works being modified, the standard process includes a timeframe for completion of works as a condition of the approval issued by WaterNSW. The timeframe will depend on what is required.

For works to be removed or not in compliance with conditions of approval, NRAR (Natural Resources Access Regulator) will liaise with the landholder on a case-by-case basis to develop a reasonable timeframe to resolve any compliance issues. Timeframes will take into consideration the size and complexity of the works to be undertaken.

Landholders are required to pay for any construction or demolition activities associated with bringing their flood work into compliance.

The Improving Floodplain Connections program will fund the required assessments and costs associated with the approvals process, including the application fee.

The Improving Floodplain Connections program has prioritised unapproved works that may be having a negative impact on the environment and/or flood-dependent cultural assets. Environmental considerations are assessed as part of the approvals process.

Where a non-compliant flood work has been identified as providing a positive outcome for a flood-dependent ecological asset, or a heritage site enhancement, there are mechanisms within floodplain management plans for potential approval of these works.

The Department of Planning and Environment has engaged an Indigenous engagement specialist to engage with First Nations communities on the Improving Floodplain Connection program and other aspects of floodplain management. First Nations-specific engagement is being undertaken as part of this program, and First Nations groups will also be invited to participate in broader stakeholder consultations.

The Department of Planning and Environment has consulted extensively with the community to develop the broader Healthy Floodplains Project.

Consultation for floodplain management plans included over 50 community and stakeholder group consultation sessions as well as interagency panels (for all five valleys) and working groups.

The process included webinars, targeted consultation, including many Aboriginal communities, and public exhibitions.

Feedback received showed an overwhelmingly positive sentiment for the resolution of flood work approvals in priority areas, with a consensus among stakeholders that environmental issues needed to be addressed.

Stakeholders and the community sought clarity over the proposed approach to addressing the issue and requested a consistent approach to the management of flood work approvals in priority areas. The consultation assisted in the identification of several priority areas.

The Department of Planning and Environment’s Water group, NRAR and WaterNSW will engage directly with all landholders with works identified through the program.

Other stakeholder groups will be consulted through a combination of direct discussions, information sessions, webinars and other methods of engagement and communication. These groups may include:

• irrigator groups
• farmers associations
• environmental groups
• recreational groups
• business groups and private sector
• university and research organisations
• local government
• other state and federal government agencies.

For more information, visit Improving Floodplain Connections.

If you have questions about the program, email floodplain.ifcdelivery@dpie.nsw.gov.au

For floodplain harvesting questions, please email floodplain.harvesting@dpie.nsw.gov.au

During the life of the program, the Department of Planning and Environment will assist with hydraulic modelling and the assessment of flora, fauna, and cultural heritage. Some assistance will also be provided with the application process.

The landholder will be responsible for paying for construction activities related to remediation, including removal.

The Improving Floodplain Connections program is a whole of NSW Government program, including the following agencies:

• Department of Planning and Environment:
  • Water
  • Environment and Heritage
  • Crown Lands
• NRAR (Natural Resources Access Regulator)
• WaterNSW
• Regional NSW
• Department of Primary Industries – Fisheries and Agriculture.

The lead agencies involved in delivering the program are the Department of Planning and Environment’s Water group, the NRAR and WaterNSW.

The program is a joint initiative of the NSW Department of Planning and Environment, NRAR (Natural Resources Access Regulator), WaterNSW and the NSW Department of Primary Industries, thanks to the $10.2 million from the Commonwealth Government’s Sustainable Rural Water Use Fund, and $1.08 million from the NSW Government.

The NSW Government is collaborating to improve the effectiveness, efficiency, and value for money of the program. The Department of Planning and Environment develops floodplain management plans and is the lead agency for this program; WaterNSW determines flood work approvals, and NRAR is responsible for compliance.

The Department of Planning and Environment is the lead agency responsible for the overall delivery of the program. The department has established an Improving Floodplain Connections program delivery team, made up of licensing and approvals staff who are working with landholders to identify how best to bring the priority unapproved flood works into compliance. This team will also ensure the required assessments are completed prior to making an application for approval with WaterNSW.

NRAR (Natural Resources Access Regulator) has two primary roles:

1. to gather information on the ground to assist partner agencies
2. to monitor compliance with any action – like removal or remediation that the landholder needs to take to make sure their structure is compliant.

NRAR will inspect works that may be affecting the environment or other water users, and if they're found to be non-compliant, they will work with the landholder to get it into compliance.

NRAR’s regulatory priorities are published on its website .

The role of WaterNSW in the Improving Floodplain Connections program is to assess applications that proceed down the approval pathway. WaterNSW will also be assisting the Improving Floodplain Connections program project team with advice and information in relation to existing approvals.

Departmental staff in both programs are in regular communication, and both programs are funded by the Australian Government. In broad terms, both programs will improve water flows for the environment, but how and where that is achieved through each program is different.

Find more information on the RWC program.

More information can be found on the Parliament of NSW website.

The cap on surface water diversions in the Murray-Darling Basin is set out in the Murray-Darling Basin Agreement. For NSW, it is based on the amount of water that could have been taken over the long term with the development and management conditions in place as at 1993/94. It will remain in force until it is repealed by the Australian Ministerial Council.

Sustainable diversion limits (SDLs) are described in Schedule 2 of the Basin Plan and are linked to baseline diversion limits (BDLs) such that SDL = BDL minus water recovery plus the SDL adjustment amount. Schedule 3 of the Basin Plan states, for surface water regulated river and floodplain harvesting take, the BDL is generally the state water management law in mid-2009. In NSW, state water management law in mid-2009 were LTAAELs in NSW water sharing plans and are linked to baseline diversion limits (BDLs) such that SDL = BDL minus water recovery plus the SDL adjustment amount. Schedule 3 of the Basin Plan states, for surface water regulated river and floodplain harvesting take, the BDL is generally the state water management law in mid-2009. In NSW, state water management law in mid-2009 were LTAAELs in NSW water sharing plans.

See our online fact sheet – An overview of legal limits (PDF, 1161.84 KB).

For more information about floodplain harvesting see our online fact sheets and infographics.

A commonly quoted estimate of 210 gigalitres per year for floodplain harvesting was made in the 2012 Basin Plan and applies to the entire northern basin the QLD portion being 160.4 Gigalitres/year and the NSW portion being 46.2 Gigalitres/year. The information that this estimate relied on at that time was poor as in NSW it used the existing regulated river system models that were not built for the purpose of accurately estimating floodplain harvesting. Additionally, the 2012 estimates for NSW excluded the rainfall runoff harvesting being estimated by the models whereas our more recent estimates include the majority of this as floodplain harvesting.

Accordingly, the NSW Government expects that these estimates will change significantly to reflect more accurate information and definitions. For NSW, valley-specific, peer-reviewed technical reports which describe the modelling process and the data relied upon to re-estimate these legal limits, are being published for transparency. For example, see the Border Rivers () valley reports: the river system model build report (PDF, 8082.61 KB) and the model scenarios report (PDF, 707.75 KB).

All extraction limits, whether set for regulated rivers or unregulated rivers are based on a set of development and legislative conditions at a reference date. They are not set as a specific volume but are volumetrically estimated using models configured with best available information. If better information is obtained about these conditions over time, estimates can be updated. This means that the output of a model at a certain time, which is the volumetric estimate of the limit, can change if better information is used. It doesn’t mean the extraction limit changes. It instead means that the volumetric estimate of the extraction limit changes.

The ability to re-estimate volumetric representations of the extraction limits is not unique to NSW or to the floodplain harvesting reform. This is allowed under both NSW and Commonwealth legislation, meaning that every basin state has undertaken this process as part of water resource plan accreditation. See the MDBA website for more information: Changing limits and Current limits.

No. Legal limits in both water sharing plans and the Basin Plan are defined as long-term volumes under a certain set of development and management conditions. These limits are described as definitions and are estimated using models. Volumetric estimates of these legal limits reflect best available information at the time of estimation. Volumetric estimates can be updated through formal approval processes when there is better information about the development and management conditions that they reflect.

A commonly quoted 210 GL/yr estimate of floodplain harvesting was an estimate across the northern basin (both QLD and NSW) made in 2012. The information that this estimate relied on at that time was poor, as it was made using river system models that were not built for this purpose.

Accordingly, the NSW Government expects that this estimate will change significantly to reflect better information and the use of better modelling tools. For NSW, valley-specific, peer-reviewed technical reports which describe the modelling process and the data relied upon to re-estimate these legal limits, are being published for transparency. The first of these reports, for the Border Rivers valley is now available on the website.

Legal limits for water take are set out in NSW water sharing plans (long term average annual extraction limits), the Murray-Darling Basin Agreement (the cap on surface water diversions) and the Basin Plan (baseline diversion limits and sustainable diversion limits). The limits apply to an entire water source, rather than an individual form of take such as floodplain harvesting. As such, there is not a floodplain harvesting limit that has been exceeded, but growth in floodplain harvesting, when combined with other forms of water take, has caused overall limits to be exceeded in some valleys.

The limits have been exceeded because floodplain harvesting is currently not licensed, measured or monitored. This regulation will be achieved through implementation of the NSW Floodplain Harvesting Policy. It has taken the NSW Government 8 years and $17million to assess the growth in floodplain harvesting and to work towards its reduction.

Floodplain harvesting is a historically legitimate practice that has not been fully transitioned into the licensing framework provided by the Water Management Act 2000. Most of the growth in floodplain harvesting in the northern basin is historic, with more than 80% of the growth in on-farm storage volumes since 1994 occurring prior to 2008.

To address growth in floodplain harvesting that has already occurred and has caused legal limits to be exceeded, implementation of the NSW Floodplain Harvesting Policy (PDF, 410.45 KB) will include an assessment of this growth for each valley. The determination of licensed entitlement and account management rules will then work together to reduce take back to legal limits. The methods for determining the entitlement volumes associated with licences are set out in the Guideline for the Implementation of the NSW Floodplain Harvesting Policy (PDF, 516.95 KB). It states that ‘the total take of water will be within the relevant extraction limit and that any effects are distributed as equitably as possible among eligible floodplain harvesting properties.’ The methods for determining account management rules for each valley are set out in reports to assist community consultation. For example, see Gwydir: Floodplain harvesting in water sharing plans – Report to assist community consultation (PDF, 899 KB).

Once floodplain harvesting is brought into the regulatory framework and measurement is undertaken, rules specific to floodplain harvesting licences can be included in relevant water sharing plans. In all water sharing plans, there are a suite of rules that relate to legal limits including how to assess growth and respond to any exceedance. Currently, any growth above legal limits is managed through reduced allocations to supplementary water access licences. When floodplain harvesting licences are issued, a rule will be included in relevant water sharing plans that allows for the assessment of growth in floodplain harvesting and application of reduced allocations to floodplain harvesting licences if there is an exceedance of the legal limit caused by growth in floodplain harvesting.

For those properties associated with a regulated river, modelling is used to determine entitlements in a way that ensures overall water take for the water source does not exceed the legal limits.*

This requires the department to simulate several scenarios with different levels of development. The process involves 3 steps, as set out in the Guideline for the Implementation of the NSW Floodplain Harvesting Policy (PDF, 516.95 KB):

A determination of the volumetric estimate of the legal limits based on legislation.

An estimation of the volume being taken under current levels of development. Where current take exceeds legal limits, floodplain harvesting entitlements are calculated to reduce this component to within the legal limits.

A determination of the share of the total floodplain harvesting take for each eligible property, using an 2008/09 scenario based on eligible development. The number of entitlements for each property, combined with certain accounting rules is then determined with the model.

Details on how the models were developed and the results of the 3 scenarios are provided in 2 modelling reports for each regulated river system. These reports have been independently peer reviewed. The reports for the NSW Border Rivers valley, as an example, can be found at:

Model build report (PDF, 8082.61 KB) - a river system model to inform water management

Model scenarios report (PDF, 707.75 KB) - estimates the extraction limit for each valley, individual entitlements, and account management rules to meet the legal limit.

* Regulated rivers in the 5 northern valleys are those that receive the benefit of flows that are sourced from public storages constructed upstream of the Border Rivers, Gwydir, Namoi and Macquarie floodplains. Principally, the affected rivers will be the regulated sections of the MacIntyre, Gwydir, Namoi and Macquarie Rivers. However, there are a number of effluent streams that will also be affected, such as the Mehi River in the Gwydir valley and Pian Creek in the Namoi Valley. The relevant water sharing plans prescribe those rivers and streams that are considered to be regulated rivers.

The predicted environmental outcomes of licensing floodplain harvesting are directly related to how much growth in extraction there has been above legal limits. Where growth has occurred, the licensing process will result in water returning to the environment by reducing the amount that can be taken through floodplain harvesting. The benefits to downstream users and the environment are detailed in various resources available online. See the summary (PDF, 195.54 KB) and video on predicted environmental outcomes of implementation of the policy. Specific environmental outcomes as a result of implementing the policy are modelled for each valley. The reports available include Environmental Outcomes for Border Rivers Valley, Gwydir Valley and Macquarie Valley. (PDFs)

It has been suggested that floodplain harvesting diversions cause, or at least contribute to, cease-to-flow events in the Barwon-Darling River. The Department of Planning and Environment has analysed modelled daily floodplain harvesting diversions across the NSW Border Rivers, Gwydir and Namoi valleys from the last 30 years and compared these to observed flows at Walgett over the same period. These modelled diversions assume that no licensing framework is in place and there are no other floodplain harvesting restrictions.

The analysis shows that there is no evidence to support a proposition that floodplain harvesting is occurring during cease-to-flow events and could be considered to be contributing to either starting the cease-to-flow period sooner or extending the event in a meaningful way.

See the Floodplain harvesting and cease-to flow events in the Barwon–Darling fact sheet for more information on this analysis.

No, inflows from the Lower Darling River represent, on average, 14% of the total inflows into the Murray River. This means that major changes to inflows from the northern basin have only minor impacts on total Murray River inflows. For example, a 10% reduction in inflows from the Lower Darling would result in only a 1.4% reduction in total inflows to the Murray River.

Some stakeholders have quoted that the Lower Darling system contributes 39% of flows to South Australia. This statistic assumes that Lower Darling inflows are always used first to meet the South Australian entitlement flows, but this is not the way the NSW Murray system is managed in practice. Information on baseline diversion limit conditions suggest the Lower Darling system would have contributed 14% of the total inflows to the Murray River over the climatic period from 1895 to 2009.

A report outlining the cumulative downstream benefits that result from returning floodplain harvesting to legal limits was published in early 2021. It found that reducing floodplain harvesting back to legal limits in the northern basin is expected to result in undetectable improvements in Murray River allocations because the reductions are not significant in the context of the Murray River inflows and because a large proportion of these additional flood flows will support natural processes as they pass down through the northern basin.

The department is undertaking a work program to improve understanding of how much water returns to rivers from foregone diversions on the floodplain. This will contribute to improved understanding of contributions to the Murray River system.

For more details, please refer to:

• Darling River flow contributions to the NSW River Murray (PDF, 157.49 KB)
• Impact of lower inflows on state shares under the Murray-Darling Basin Agreement (PDF, 2104.43 KB)
• Modelled downstream effects of licensing floodplain harvesting (PDF, 5300.99 KB)
• Fact sheet on water as it travels downstream (PDF, 1084.87 KB)

Licensing floodplain harvesting does not change the water source legal limits. This means if floodplain harvesting in the northern basin were to cease, other forms of water take could increase to take its place without exceeding the overall water source legal limits.

In effect, this means that inflows to the Murray River over the long term would not change if floodplain harvesting in the northern basin were to cease altogether.

However, even if we assume that this did not occur and 100% of the additional floodplain flows will contribute to Barwon-Darling inflows, then inflows from the Lower Darling will not increase by more than 8.7% on average, meaning that total inflows to the NSW Murray will not increase by more than 1.2% on average.

In reality, we expect that the maximum impact on the NSW Murray will be less than 1% as significant proportions of these floodplain flows will be consumed by natural processes. In other words, we expect that less than 100% of the additional floodplain flows will contribute to downstream flows. As an example, only 13% of the observed flood flows passing through St George in QLD during the 2020 first flush event made it through the intersecting streams to join the Darling River at Bourke, despite all forms of take in NSW being restricted and water use in QLD accounting for only 28% of this change.

As an example, only 13% of the observed flood flows entering from QLD during the first flush event in February 2020 made it through the intersecting streams to join the Darling River at Bourke, despite all forms of take being restricted. As an example, only 13% of the observed flood flows passing through St George in QLD during the 2020 first flush event made it through the intersecting streams to join the Darling River at Bourke, despite all forms of take in NSW being restricted and water use in QLD accounting for only 28% of this change.

Under the NSW water sharing framework, connectivity between systems is managed through various mechanisms, but most significantly through extraction limits. These include the extraction limits set out in NSW water sharing plans and the Basin Plan. These limits cover all forms of take for the water resources, rather than limits on a certain form of take such as floodplain harvesting. In licensing floodplain harvesting we are considering the current entitlements and usage of other forms of take to ensure that the total limits are not exceeded. Further information on the downstream effects of implementing the NSW Floodplain Harvesting Policy, including the issuing of licences under a particular scenario, is in the Modelled downstream effects of licensing floodplain harvesting in the NSW Border Rivers and Gwydir valleys (PDF, 5.2 MB) report.

The department is also considering other mechanisms that could be used to potentially deliver connectivity improvements through the State Water Strategy and the Western Regional Water Strategy. The department is working with key northern and southern basin stakeholders to discuss the issue of connectivity with a particular focus on connectivity during dry times when critical human and environmental needs are most at risk. These strategies will look at ways to ensure connectivity is suitable for the future needs of the State with the potential for a dryer climate. You can find more information about this on State Water Strategy and Regional Water Strategy webpages, as well as on the Connectivity Stakeholder Panel webpage.

The Department of Planning and Environment has prepared detailed reports describing the approach to building its updated hydrological models, including information about the objectives, development process, data sources, results, and level of accuracy of modelling for each valley. Accounting for floodplain harvesting relies on water balance calculations at 3 different spatial scales: farm, river reach, and whole valley. An overview of this process is presented in Chapter 2 of the model build reports, with Chapters 4-7 going into more detail on components and processes. For more information, please refer to the model build reports for the Border Rivers, Gwydir and Macquarie valleys which are published on our website.

ll modelling is independently peer reviewed and access to data, information and assessments relating to floodplain harvesting are made publicly available on the Floodplain management webpages. This ensures complete transparency to increase public confidence.

The models use multiple lines of evidence to understand water flows, irrigation usage and water infrastructure in each valley, including user surveys, on ground inspections, river flow and metered diversions, remote sensing, flood studies and hydraulic models. Details on how the models are developed and the results of the modelling are provided for each valley. For example, see the modelling reports for the NSW Border Rivers valley.

These reports are peer-reviewed by Greg Claydon and Tony Weber who are independent experts in water industry reform, policy development and modelling. The peer reviews validate the technical information, allowing stakeholders to be confident that a rigorous process has been used in model development.

All models have uncertainty and one of the key sources of uncertainty is the lack of metering information for floodplain harvesting that could have otherwise formed an important line of evidence for model calibration. Improved metering and measurement of floodplain harvesting is a key outcome of the licensing process and will allow the department to refine the modelling over time with any improvements reconciled through the annual water allocation process.

The department is also validating the data used in the models and modelling results on a property-by-property basis. Each eligible landholder has been provided with data applicable to their property, eligible works, and farm infrastructure. They are given 28 days to make a submission if they believe the data to be inaccurate. Submissions are reviewed and recommendations made by the Healthy Floodplains Review Committee according to the terms of reference (PDF, 203.34 KB). The committee is comprised of representatives from the NSW Farmers Association, NSW Irrigators Council, the Nature Conservation Council and has an independent chair. For more information, see the Guideline for the Implementation of the NSW Floodplain Harvesting Policy (PDF, 516.95 KB).

Yes. The primary objective of the independent peer reviews on floodplain harvesting is to provide transparency regarding technical information and provide stakeholders with confidence that technical rigour and supporting processes are suitable to support sound implementation of the NSW Floodplain Harvesting Policy (PDF, 410.45 KB).

In 2018, the department, with the Murray-Darling Basin Authority (MDBA), commissioned an independent peer review of implementation of the NSW Floodplain Harvesting Policy in northern NSW. See the report at Independent review of NSW Floodplain Harvesting Policy implementation (PDF, 300.15 KB). See the fact sheet at An independent review into floodplain harvesting fact sheet (PDF, 113.5 KB).

This review provided 16 key recommendations and 48 other recommendations. These were accepted in full and addressed in the Floodplain Harvesting Action Plan.

The department has engaged expert reviewers who are recognised nationally and internationally as experts in their respective fields. They were not involved in any activities regarding the modelling and/or implementation of the NSW Floodplain Harvesting Policy prior to their commencement of the review tasks. It therefore was a truly independent review without any preconceptions of departmental influences on the approach or considerations. The expert reviewers are Tony Weber and Greg Claydon. See information about the reviewers online.

Following their report on the policy, the reviewers have continued to work to review key modelling reports and other activities relating to the recommendations. They are reviewing the modelling reports for each of the five valleys as they become available. For example, see the review summary for the NSW Border Rivers Model Build, Scenarios and Environmental Outcomes reports (PDF, 198.46 KB).

The model for the Namoi Valley was rebuilt in the new eWater Source model platform and has not yet been subjected to as high a level of independent technical assessment and review as the department’s other floodplain harvesting models. The department designed an enhanced stakeholder and peer review process for the Namoi model that commenced in October 2021. The process will provide key stakeholders the opportunity to be directly involved in reviewing the model, explain all aspects of the model in detail and increase transparency of modelling methods and water management decision-making. Existing expert reviewers, Tony Weber and Greg Claydon, will be involved in the process, as well as an additional expert, Drew Bewsher. Drew has completed numerous hydrologic reviews for state government agencies in NSW, Victoria, Queensland as well as the MDBA. This includes all cap model reviews in the Murray-Darling Basin under Schedule E of the MDB Agreement.

In 2019, Maddocks Lawyers undertook a probity review (PDF, 119.78 KB) of certain elements relating to implementation of the policy. This probity review found that the processes under review were lawful and well-documented. This probity review is currently being extended to examine and cover the role of the review committee and its consideration of landholder submissions through the farm scale validation process. The findings of this extended probity review are expected to be published during the inquiry.

The NSW Government released the NSW Floodplain Harvesting Measurement Policy (PDF, 2.2 MB) in July 2020.

The measurement policy sets out the objectives, methods and intended rules for ensuring that licensed floodplain harvesting in the northern Murray–Darling Basin is measured and accounted.

The Water Management (General) Regulation 2018 was amended 1 July 2022 to give legal effect to the intent of the measurement policy.

Irrigation practices in the northern Murray–Darling Basin have historically seen landowners use significant volumes of water from the floodplain environment. Even though the water harvested is additional to water from other licensed extractions, floodplain harvesting practices are critical to business productivity and the region’s economic viability. The intermittent availability of water in the northern basin has led to large-scale development of on-farm storages intended to improve the reliability of water supply for irrigated agriculture enterprises.

The job of the NSW Government is to regulate water take to ensure a fair share for all, including downstream users and the environment. To do this, we need to have accurate measurement systems for the take of floodplain water as specified in formal policy.

The Department of Planning and Environment consulted a wide range of stakeholders during the development of the measurement policy. These consultations have included water users directly affected by the reforms in the northern basin, First Nations Australians, downstream users and communities, and environmental groups. The measurement policy was also informed by technical input from experts in water measurement.

This collaborative approach means that the views of stakeholders have been actively canvassed throughout the development process. The department has worked to balance, as far as practical, the many competing stakeholder objectives.

The measurement policy is the first of its kind in Australia.

The measurement policy applies to all storages in the five northern NSW Murray–Darling Basin valleys that are used to take water under a floodplain harvesting access licence, Border Rivers, Gwydir, Namoi, Barwon–Darling and Macquarie valleys.

The measurement policy requires all eligible floodplain harvesting works to have an automated measurement device with near-real time telemetry connected to the NSW Government’s cloud-based platform. Measurement devices must be tamper-proof and be installed and certified by a duly qualified person. These devices support notifications and reporting requirements by automatically reporting water use against water allocations and assist water management by reporting take directly to the user. The department has made significant progress in implementing the measurement policy, including the following.

• Establishing, in partnership with Irrigation Australia Limited, a specific training and certification program for installers of floodplain harvesting measurement equipment. To date, 40 people, including staff from the department, NRAR and WaterNSW, and around 27 private practitioners have obtained this certification.
• Establishing a facility at Manly Hydraulics Laboratory to test devices used to measure floodplain harvesting,
• Publishing information about suitable floodplain harvesting measurement devices and a process for manufacturers of devices to have their devices accredited as suitable for use.
• Releasing technical guidelines for installers of floodplain harvesting measurement equipment.
• Developing ICT systems to allow floodplain harvesting measurement devices to be ordered, configured, and associated with the relevant licensing information.
• Upgrading its telemetry system to receive data from floodplain harvesting measurement devices.
• Supporting suppliers and installers by convening regular discussion forums.

The department has established, in partnership with Irrigation Australia Limited, a specific training and certification program for installers of floodplain harvesting measurement equipment – certified storage meter installer and validator.

For more information about becoming a certified storage meter installer and validator, visit the Irrigation Australia Limited website.

Amendments were made to the Water Management (General) Regulation 2018 on 3 February 2023. These amendments set out the process for determining the category and share component of floodplain harvesting access licences. They enable the licensing of this form of water take. The licence determination process in this amendment was largely unchanged from that in the amending regulation that commenced 1 July 2022 and was subsequently disallowed by the NSW Legislative Council on 21 September 2022.

The NSW Government introduced two separate amending regulations to enable the restriction, control and measurement of floodplain harvesting on 1 July 2022. The 1 July amending regulation that enabled licensing was disallowed on 21 September 2022. This meant that floodplain harvesting licences in the Macquarie, Barwon–Darling and Namoi valleys could not be determined and were unable to achieve core elements of the Select Committee Report recommendations for these valleys.

The amending regulation, which enabled measurement, established mandatory measurement conditions required to monitor and enforce licence volumes for the NSW Border Rivers, Gwydir, and other valleys. As the measurement regulation and tailwater return drain were not part of the disallowance, measurement requirements remain in place for floodplain harvesting licences in the Border Rivers and Gwydir Valleys. Measurement requirements for all valleys are now clearly defined in the regulations.

Licences in the Border Rivers and Gwydir valleys were determined in accordance with the amending regulations in February 2022 and are not affected by the disallowance.

Amendments were made to the Water Management (General) Regulation 2018 on 17 December 2021 to set out the process for issuing floodplain harvesting licences and the measurement requirements on those licences. The amendments commenced on 14 February 2022 but were subsequently disallowed on 24 February 2022.

The amendments were mostly unchanged from the 3 amending regulations that were adopted on 28 April 2021 and subsequently disallowed by the NSW Legislative Council on 6 May 2021.

Licences for the Border Rivers and Gwydir Valleys that were determined in accordance with the amending regulations in February 2022 are not affected by the disallowance. However, the disallowance delayed measurement requirements for those licences, essential for monitoring and enforcement of licence volumes.

The amendments made to the Water Management (General) Regulation 2018 were informed by extensive consultation. Since 2008, there has been ongoing consultation with stakeholders and the wider community regarding the floodplain harvesting reform. Consultation and engagement has spanned all aspects of policy development and planning, with a broad spectrum of community and stakeholders who have an interest in the Murray-Darling Basin.

The government published four packages of proposed amendments to the Regulation on 23 November 2020 and invited public feedback through a formal submission process. The department accepted submissions from 23 November until 20 December 2020 and 236 submissions were received during this period. In early 2021, consultation outcomes reports (Licence determination and measurement (PDF, 515.21 KB), Tailwater drain exemption (PDF, 310.47 KB), Transitional exemption (PDF, 347.28 KB) ) were published for each of the proposed amendment packages.

Many of the submissions supported the new rules and focused on the improved clarity, certainty and transparency they would bring. Those that did not support the proposed changes disagreed with the existing policy or legislative settings. Making changes to these settings was clearly communicated as being outside the scope of the submission process. Another key theme from the consultation was a concern about how floodplain harvesting in the northern Murray-Darling Basin affects downstream systems, which is a key consideration being addressed through consultation on the draft water sharing rules for floodplain harvesting licences.

Following consultation in late 2020, the NSW Government made the decision to proceed with the making of three out of the four packages of amendments. Based on the submissions received and the limited period that it would apply, the NSW Government decided not to proceed with amendments that would provide a transitional exemption from the need to hold a licence and works approval.

The three packages of amendments were a significant step towards bringing floodplain harvesting into a clear and enforceable regulatory framework, ensuring that floodplain harvesting is within legal limits. They included:

1. Licensing determination process: This amendment clearly set out the process used to determine eligibility for a floodplain harvesting access licence, the category of licence and share component. It was consistent with the NSW Floodplain Harvesting Policy (PDF, 410.45 KB) and Guideline for the Implementation of the NSW Floodplain Harvesting Policy (PDF, 516.95 KB). The objective of this amendment was to ensure the process is consistent for water users in each valley where licences are issued, now and into the future. It gave water users clarity about their eligibility for licenses and the determination process for licence categories and share components.
2. Measurement requirements: All water taken under a floodplain harvesting licence will need to be measured. These amendments clearly set out the rules for measuring floodplain harvesting and required storages to be fitted with compliant and tamper-proof metering, data logging and telemetry equipment. Equipment must be installed and signed off by a duly qualified person.
3. Tailwater return drain exemption: This Regulation provided an exemption from the need for a water supply work approval for the use of tailwater drain, and an exemption from the need for a water access licence for the collection of rainfall runoff in a tailwater drain during periods when it is the only structure collecting rainfall runoff. This amendment gave NSW water users clarity and certainty about what they need to measure and account for and when.

The amendments, made on 6 February 2020, provided an exemption from the requirement to hold a water access licence for the purpose of floodplain harvesting. This exemption was subject to the taking of water through an eligible work.

For the purpose of the Regulation, an eligible work must be located on a floodplain and be constructed on or before 3 July 2008.

The Regulation was disallowed by the Upper House on 22 September 2020.

Key issues raised during the Upper House debate included:

1. Potential for the exemption to allow for the continued use of unauthorised works.
2. No public consultation on the regulation prior to submitting.
3. No sunset clause on the exemption.
4. No limit on the amount of water that could be taken under the exemption.
5. No requirement for measurement of the volumes taken under the exemption.

The issues identified during the Upper House debate were addressed in the development and consultation of the subsequent floodplain harvesting Regulations.

You can find all the information on past and upcoming events by visiting stakeholder engagement..

The Department of Planning and Environment has also consulted on eligibility determination of individual properties, validation of on farm infrastructure, measurement requirements, draft licence entitlements, environmental and downstream outcomes, modelling, regulation amendments as well as proposed rules for floodplain harvesting licences. Consultation has been on-going with eligible landholders, the broader community and stakeholder groups, including dryland farmers, environmental groups, southern basin groups, First Nations people, and government agencies. Throughout the project there have been numerous public webinars, targeted sessions, face-to-face meetings, public exhibition and submission periods, site inspections and individually tailored meetings. Opportunities for the community to submit feedback and attend online and face-to-face sessions were communicated through various channels including emails, newsletter articles, media releases, social media and over 100 print and radio public notices, with a reach of over 1.5 million people.

Consultation methods and totals for the draft water sharing plan rules across all three valleys (NSW Border Rivers, Gwydir, and Macquarie) included public exhibition (477 submissions), 6 targeted consultation sessions (221 participants), 6 public information sessions (120 participants), 3 webinars (198 participants) and 10 First Nations consultation sessions. The What we heard (PDF, 414.8 KB) report for the NSW Border Rivers valley summarises the feedback the NSW Government received during the public consultation sessions and from written submissions. On 6 May 2021, the Legislative Council disallowed the amendments made to the Water Management (General) Regulations 2018 associated with floodplain harvesting. Due to uncertainty caused by the disallowance, the department suspended remaining consultation on draft water sharing plan rules for floodplain harvesting in the Namoi and Barwon-Darling valleys.