Inland unregulated water sharing plan prescribed wetlands

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:

• 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.

The intention of the proposed changes is to restrict new water supply works and the trading of entitlement into these areas.

There will be no changes to land titles as a result of this proposed change. There are very similar rules already in place in the Namoi, Murrumbidgee, and part of the Lachlan and Gwydir unregulated water sources which restrict new works and trades.

The department uses a variety of methods to notify people of the public exhibition of draft water sharing plans. This includes sending a direct letter from WaterNSW to licence holders subject to rules in the relevant plan area. Direct emails were also sent to industry and environmental groups, water user associations and community members on our stakeholder lists. We also released print and radio media notices, social media ads (on Facebook). In addition to items in our Water newsletter and publishing online web content on the Water website and the ‘NSW have your say’ page.

The proposed changes to rules in the draft plan relate to water supply works approvals and trading so there was a focus on notifying unregulated licence holders who may be affected by the changes.

The seven draft plans currently on exhibition will expire on 1 July 2025. The replacement plans are required to commence on or before this date to avoid there being a period where no water sharing plan is in place.

However, the department will not recommend changes to the draft plans where there is a low level of confidence in the information or analysis that underpins those decisions. If more work is required to ensure we have confidence in our information, then this will be done before changes are made to the plan, this may require an amendment of the replacement plan during its 10-year cycle.

Feedback on the wetlands can be provided until 2 February 2025. During this time, we will review all the wetland maps for the draft plans currently on exhibition. We will use this analysis, and the feedback received during public exhibition to review the method and criteria used to identify these areas.

The department will provide stakeholders with updated maps for each draft plan area by early March 2025.

Once the final recommendations have been made for the replacement plans, they will be submitted to the Minister for Water for approval. Concurrence from the Minister for the Environment will be sought as part of the approval process.

The method used to identify wetlands is based on selected criteria and is considered comprehensive.  However, wetlands can be added or removed from the list if changes are required. This review process includes an assessment by the department and discussion with other NSW agencies. Please provided details in your submission on wetlands you think should be considered.

Please note the purpose of identifying specific wetlands/lagoons is to give effect to certain rules in the water sharing plan – the intention is not to identify every wetland. It has a specific purpose and is linked to water sharing plan rules for the taking of water.