Draft water sharing plan

We propose to restrict the construction of new surface water supply works that take water from wetlands/lagoons which have been identified as internationally, nationally or regionally significant in the plan area. This rule will not apply to replacement water supply work approvals.

We also propose to restrict trades into and above these wetlands to minimise the impacts of new extraction on these high value areas.

There will be no new works or trades allowed into or within or:

• 3km upstream of wetlands listed under the Ramsar convention
• regionally significant wetlands listed in a schedule of the plan (Schedule 4 and 5).

We want to hear from all stakeholders about the potential impacts and benefits of this proposed change.

Unregulated inland WSPs already provide some protections for wetlands/lagoons and off river pools by prohibiting these water bodies being drawn down by unregulated access licences. In limited cases some draw-down is permitted based on historical access.

A number of plans also either identify wetlands (by Lot/DP) or have a general rule that already restricts new works and trades into these areas (Border Rivers, Gwydir, Namoi, Murrumbidgee).

The Natural Resources Commission (NRC) has recommended all inland unregulated replacement plans have similar rules to improve protection for the wetlands identified.

The Natural Resources Commission (NRC) has a role under Section 43A of the Water Management Act 2000 to review plans within five years of expiry and report to the minister on:

• the extent that the plan’s water sharing provisions have materially contributed to the achievement of, or failure to achieve, environmental, social and economic outcomes
• if changes to plan provisions are warranted.

The department’s response to the NRC’s Final Report informs plan replacement.  The department advises the Minister for Water and the Minister for the Environment on how the NRC recommendations have been considered in the replacement plan as part of the approval process.

The department has used several existing wetland maps to identify the wetlands in the water sharing plans.

Not all wetlands mapped in these sources were included. Beyond the known listed and published sources of Ramsar as well as the Directory of Important Wetlands of Australia, we targeted wetlands that had persistent water bodies following filling or flooding as compared to the surrounding landscape. Persistence was determined using historical satellite imagery (Planet imagery 2016- Present).

The data sources used include:

• Ramsar listed wetlands
• Directory of Important Wetlands of Australia (DIWA)
• NSW Floodplain Management Plan Zone D Ecological Assets (PDF, 2950 KB)
• Long Term Water Plan Priority Environmental Assets
• Wetland mapping data supplied by government agencies.

Beyond accepted and published sources such as RAMSAR and DIWA, the department has developed a method and completed a desktop assessment using existing wetlands data from various sources (as outlined above).

Due to the time constraints to undertake the work we were not able to do any on ground checking for the NSW specific sources as part of this process. We became aware that the data sets varied in quality and in some cases additional analysis would be required. This resulted in areas being identified as wetlands that should not be included.

The department is taking on board the feedback we continue to receive. We are reviewing the method and criteria using examples provided by stakeholders and those identified by other agencies. The department will review all identified areas to ensure we have confidence in both the method and the data we are using.

We have used the below definition as the basis for our analysis. It comes from the NSW Wetlands Policy which defines a wetland as:

^{Wetlands are areas of land that are wet by surface water or groundwater, or both, for long enough periods that the plants and animals in them are adapted to, and depend on, moist conditions for at least part of their lifecycle. They include areas that are inundated cyclically, intermittently or permanently with fresh, brackish or saline water, which is generally still or slow moving except in distributary channels such as tidal creeks which may have higher peak flows. Examples of wetlands include lakes, lagoons, estuaries, rivers, floodplains, swamps, bogs, billabongs, marshes, coral reefs and seagrass beds. Many wetlands are ephemeral, that is, they are not always wet. As a result, the temporary absence of water will not necessarily be used to exclude particular areas of land from the definition of ‘wetland’ under this policy. This issue is especially relevant for demarcating wetlands on floodplains, where wetland extent may vary according to the size and duration of the last flood, as well as local rainfall and the degree of groundwater connectivity.}

You can continue to use your water supply work as normal (as per the conditions on your water access licence). You don’t need to do anything. You can also replace your existing water supply work so long as the replacement work is equivalent in size and location. If you want to increase your capacity this would be subject to the minimum harm test described in the new rules for the identified wetlands. All work approval applications remain subject to assessment and may or may not be approved.

We are encouraging everyone who would like to provide feedback to make a submission. If you have identified an area that you don’t think should be included, please include that object number and relevant lot/DP in your submission.

The department is undertaking a comprehensive review of all identified areas to ensure we have confidence in both the method and the data we are using.

Therefore, landholders are not required to check their properties but feedback about the proposed changes is encouraged.

The department clearly states that the purpose of the draft wetlands maps is to identify wetlands, lagoons and other types of off river pools which are considered to have high environmental value. By identifying these areas in a map, rules which restrict new water supply works and trades can be given effect in the water sharing plan.

The proposed rules are intended to limit development in these areas to what is currently occurring (based on what is permitted by water sharing plan provisions or existing licence conditions) and to minimise any impact which may occur from future development.

Identifying an area as a wetland does not stop current activities such as cultivation or grazing if an area is currently being used for those purposes. It also does not mean that an environmental water manager is required to provide water to the wetland.

The department will undertake a comprehensive review of the method and criteria used to identify wetland areas. We will also re-check wetland areas on the draft maps, along with any feedback provided by stakeholders.

Once our review is complete, we will provide an updated map and advise stakeholders and peak groups. This is likely to be by early March 2025, after the date to provide feedback on the wetlands has closed.

Further feedback will be sought on the revised map.