In a move which has angered a number of parties close to the issue, Minister for Water Kevin Anderson has re-introduced floodplain harvesting regulations which have been described as similar to regulations which were disallowed three times previously in Parliament.
According to the Department of Planning and Environment - Water, the state-wide regulations that enable the restriction, control and measurement of floodplain harvesting commenced July 1, with floodplain harvesting licences already determined in the Border Rivers and the Gwydir.
These licences will take effect with mandatory measurement conditions applied after Water Sharing Plans commence.
The Border Rivers and Gwydir valleys include about 40 per cent of the eligible floodplain harvesting properties in the northern basin.
Licences are expected to be issued in the Macquarie and Barwon-Darling valleys later this year, and in the Namoi valley early next year.
The department said amendments to water sharing plans giving effect to licences, including mandatory measurement requirements for the Macquarie and Barwon-Darling valleys, are expected to be in place by late 2022, and for the Namoi in early 2023.
In the past, criticism of the regulations which allow floodplain harvesting licences to be issued in the northern Murray Darling Basin, has come from the need to meet downstream targets, requiring floodplain harvesting to stop in certain conditions.
The flow targets proposed by Mr Anderson have come under fire for being too low, with some believing they will only affect floodplain harvesting in times of drought.
Independent NSW MP Justin Field said the timing of the new regulations, while Parliament was on winter break, could allow Mr Anderson to issue licences before a disallowance could occur, upsetting those who believe the targets were short of the figures required to guarantee water to downstream water users.
Mr Field has been vocal in his opposition of the regulations and has called on Mr Anderson to 'listen to the science'.
"This issue has dragged on long enough. I'm calling on NSW Water Minister Kevin Anderson to listen to the majority in the Legislative Council, the community, and many inside his own Government, to back fair rules for floodplain harvesting that will deliver for all water users and the river," Mr Field said.
"By sidelining Parliament with new regulations after it rose for winter and pushing for amendments to water sharing plans to enshrine rules before it returns, the Minster is responsible for working with Environment Minister James Griffin to get these rules right.
"The proposed target needs to be higher to provide water security at Menindee and Broken Hill and to support flows down the lower Darling.
"The proposed first-flush rules do not replace the need for in-valley targets which can meet the environmental needs of the river as required by NSW water law.
"These must be based on the science and many stakeholders have pushed for targets linked to the environmental water requirements in the already published Long Term Water Plans - that makes sense.
"There is broad agreement that floodplain harvesting should be regulated, licenced and measured, but the current rules around this type of take leave downstream communities and the environment carrying the risk."
Licencing to contain harvested volumes
Mendindee Lakes volume and first-flush river flow rate targets proposed by Minister for Lands and Water Kevin Anderson are too low, says independent MP Justin Field.
He said under Mr Anderson's proposal, floodplain harvesters will be able to take water before Menindee Lakes has reached the proposed target of 195 gigalitres.
This will apply when Mr Anderson's proposed local in-valley flow targets are forecast to be met.
Mr Field said this meant actual flow rates would become redundant, even if they are still below in-valley target flow rates, if the forecast flow-rates exceeded those targets.
He said if these regulations are adopted, it reduces the volume of water available to downstream users in the event of a first flush, irrespective of floodplain harvesting works being licenced.
Licencing of floodplain harvesting is critical to containing harvested volumes to within legal limits, says Minister for Lands and Water Kevin Anderson, whose move to introduce new flow targets has come under fire.
Mr Anderson said the NSW Government's floodplain harvesting reform was about restoring the balance and improving environmental protection.
"Previous regulation disallowances have been motivated by concerns about the broader management framework, not the regulations," he said.
"The NSW Government has a track record of protecting vital first flush flows and we are committed to continuing to improve river and floodplain connectivity."
"When it comes to managing water in NSW my view is healthy rivers, healthy farms and healthy communities. Not one or the other.
"The Government's floodplain harvesting policy is the biggest environmental reform the practice has seen. This reform will significantly strengthen protection for the environment and downstream water users.
"There are no significant changes to the regulations as they have never been in contest."
Mr Anderson said the targets set out for 'first flush' and the Menindee Lakes catchment would add downstream security.
"We are proposing water sharing plan rules that restrict upstream floodplain diversions when there is less than 195GL being stored in Menindee Lakes until rivers start to flow again," he said.
"These are the first restrictions of this type to be introduced anywhere in the Murray-Darling Basin."
A review of the first flush targets and the Menindee Lakes target is scheduled to occur within the first three years of the new water sharing plans.
This review will be to determine if any changes are required to ensure the appropriateness of the triggers.
"If you can't measure it you can't manage it," Mr Anderson said.
"We will have some of the strictest legal control and compliance measures when it comes to this issue.
"Together with proposed temporary water restriction triggers, it will ensure that upstream water take does not come at the expense of downstream water users."
