Mullumbimby’s proposed hybrid water supply scheme is in serious doubt after Byron Council staff warned it faces significant public health, regulatory, and cost risks, and recommended Council not proceed with the project in its current form.
A report to Byron Council’s Water and Sewer Advisory Committee on 28 May found the hybrid proposal – adopted by Council in October last year – may struggle to secure the state government approval required to proceed, and could even trigger a review of the town’s water extraction licence.
Proposals on the fly
The hybrid model was intended to combine a permanent connection to the regional Rous water network with a supplementary local water source drawn from Lavertys Gap weir on Wilsons Creek and treated through a new packaged water treatment plant.
But staff say the proposal was adopted without the strategic planning and options assessment usually required for major water infrastructure projects, weakening Council’s ability to justify the scheme to regulators.
‘Pursuit of the “hybrid” scheme was adopted without a full options assessment which weakens strategic justification if not addressed,’ the report states.
Under Section 60 of the Local Government Act, Council must obtain approval from the NSW Department of Climate Change, Energy, the Environment and Water before constructing and operating new water treatment infrastructure. To secure approval, Council would need to demonstrate the hybrid scheme is technically sound, financially sustainable, and the best long-term option compared with alternatives.
Staff warned the proposal may struggle to meet those requirements.
‘Staff do not recommend that Council proceeds with the “hybrid” scheme given its shortfalls against Section 60 criteria,’ the report says.
A key concern raised in the report relates to public health risks associated with water sourced from Lavertys Gap weir, which staff describe as a ‘high-risk’ source vulnerable to rapid deterioration in water quality following rain events.
The report says the source has a likelihood of pathogens such as cryptosporidium – a microorganism that can cause serious gastrointestinal illness and is resistant to normal chlorine treatment.
Water safety
According to the report, safely treating water from Lavertys Gap would likely require advanced filtration and ultraviolet disinfection, increasing both costs and operational complexity.
Staff also warned that reinstating water extraction from Lavertys Gap may prompt regulators to review Council’s water access licence, potentially affecting the long-term viability of the source.
The hybrid model emerged after Council backed away from a far more ambitious plan centred on Mullumbimby developing greater water self-sufficiency.
In 2024, Council voted to permanently connect Mullumbimby to the regional Rous water supply, effectively ending reliance on the ageing Lavertys Gap system. But after community backlash and political support for retaining a local water source, councillors reversed course in October 2025 and unanimously endorsed the hybrid approach as a compromise.
The Water and Sewer Advisory Committee stopped short of recommending Council abandon the idea entirely. Instead, members unanimously supported a motion acknowledging the risks raised by staff and recommending Council seek advice on the additional work and cost required for a strategic assessment of the proposal.
Committee members also endorsed a revised concept involving full physical separation of the two water systems, rather than mixing local and regional water supplies through the same network.
The committee further recommended Council write to the NSW government seeking an urgent update on regional water planning policy and infrastructure funding programs.


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