75 Rules for amending water supply work approvals for replacement groundwater works
(1) The Minister may amend a water supply work approval to alter the work to which the approval relates if the Minister is satisfied that the amendment is to authorise a replacement groundwater work.(2) For the purposes of this Plan, replacement groundwater work means a water supply work that replaces an existing water supply work constructed and used for the purpose of taking water from an aquifer where:(a) the existing water supply work is the subject of a water supply work approval under the Act,(b) the replacement groundwater work is to be constructed to extract water from the same water source as the existing water supply work,(c) the replacement groundwater work is to be constructed to extract water from:(i) the same depth as the existing water supply work, or(ii) a different depth specified by the Minister if the Minister is satisfied that doing so will result in no greater impact on a water source or its dependent ecosystems,(d) the replacement groundwater work is to be located within:(i) 20 metres of the existing water supply work, or(ii) a distance greater than 20 metres of the existing water supply work if the Minister is satisfied that doing so will result in no greater impact on a water source or its dependent ecosystems,(e) if the existing water supply work is located within 40 metres of the high bank of a river, the replacement groundwater work is to be located:(i) within 20 metres of the existing water supply work but no closer to the high bank of the river, or(ii) more than 20 metres from the existing water supply work, but no closer to the high bank of the river, if the Minister is satisfied that doing so will result in no greater impact on a water source or its dependent ecosystems,(f) the replacement groundwater work must not have a greater internal diameter or excavation footprint than the existing water supply work, except where the internal diameter of the casing of the existing water supply work is no longer manufactured, in which case the internal diameter of the replacement groundwater work is to be no greater than 110% of the internal diameter of the existing water supply work it replaces, and(g) for the purposes of paragraph (f), internal diameter means the diameter of the inside of the casing of the water supply work which is a water bore and excavation footprint means the authorised dimensions of a water supply work which is an unlined excavation constructed for the purposes of water supply only.(3) For the purposes of subclause (2) (c) (ii), the Minister may require the applicant to submit a hydrogeological study, assessed as adequate by the Minister, to demonstrate that the construction of the work at a different depth to the existing water supply work will result in no greater impact on a water source or its dependent ecosystems.(4) For the purposes of subclauses (2) (d) (ii) or (2) (e) (ii), the Minister may require the applicant to submit a hydrogeological study, assessed as adequate by the Minister, to demonstrate that the location of the work at a greater distance than 20 metres from the existing water supply work will result in no greater impact on a water source or its dependent ecosystems.Notes.1 The Minister may amend an approval on the application of the holder of the approval, under section 107 of the Act. The operation of section 107 (3) of the Act may further restrict the replacement of an existing water supply work.