New South Wales Consolidated Acts

WATER MANAGEMENT ACT 2000 - SECT 8E

8E General provisions relating to access licences with adaptive environmental water conditions

(1) This section applies to access licences that are subject to an adaptive environmental water condition.

(2) For the purposes of this Act (but subject to section 8B (2)), an adaptive environmental water condition is a mandatory condition.

(3) The terms of an adaptive environmental water condition imposed in respect of an access licence are to further the objectives of the relevant management plan.

(4) If the adaptive environmental water condition on an access licence requires the water to be left in the water source for environmental purposes, then the water allocation account is to be debited when the water is available in accordance with the condition.

(5) If the adaptive environmental water condition requires the environmental water to be taken from the water source then the water allocation account is to be debited when it is taken.

(6) For the purposes of auditing compliance with the long-term extraction limit under the relevant management plan, the delivery of water pursuant to an access licence to which this section applies:

(a) in the case of a licence to which section 8C relates-is not to be accounted for as extraction, and

(b) in the case of a licence to which section 8B or 8D relates-is to be accounted for as extraction.

(7) Before imposing an adaptive environmental water condition on an access licence, the Minister is to approve a plan for the implementation of the condition.

(8) The Minister is to ensure that the plan referred to in subsection (7), and a requirement to comply with the plan, forms part of the adaptive environmental water condition.

(9) An access licence to which this section applies, or a part of such a licence to which the adaptive environmental water condition concerned is expressed to relate, may be the subject of a dealing in accordance with this Act if the plan approved under subsection (7) so provides.