New South Wales Consolidated Regulations

WATER MANAGEMENT (GENERAL) REGULATION 2004 - REG 25

25 Lower Namoi

(1) On 1 July 2004, a section 18 entitlement or section 20B entitlement with respect to the Lower Namoi is taken to have been replaced by a supplementary water access licence with a share component calculated as follows:

(a) if D is equal to or greater than G, in accordance with the following formula:

(b) if D is less than G, in accordance with whichever of the following formulae yield the lesser volume:

"S1" represents the share component for the supplementary water access licence, expressed in megalitres.
"D" (the base amount under this subclause) represents the greater of:

(a) the greatest volume of water taken pursuant to the entitlement in any water year between 1 July 1990 and 30 June 2001, and

(b) one megalitre per hectare of the authorised area in relation to the entitlement.

"G" represents the average number of days per water year on which pumping water pursuant to the entitlement was permissible in the water years between 1 July 1990 and 30 June 2001, multiplied by the assessed pump capacity associated with the entitlement.
"E" represents the base amount under subclause (2) for the associated general security entitlement.
"ΣE" represents the sum of the base amounts under subclause (2) for all general security entitlements with respect to the Lower Namoi.

(2) On 1 July 2004, a general security entitlement with respect to the Lower Namoi is taken to have been replaced not only by the relevant access licence referred to in Schedule 11 to the Act but also by a supplementary water access licence with a share component calculated as follows:

(a) if the holder of the general security entitlement:

(i) is not also the holder of a section 18 entitlement or section 20B entitlement, or

(ii) is also the holder of a section 18 entitlement or section 20B entitlement and D is equal to or greater than G,

in accordance with the following formula:

(b) if the holder of the general security entitlement is also the holder of a section 18 entitlement or section 20B entitlement and D is less than G, in accordance with the following formula:

"S2" represents the share component for the supplementary water access licence, expressed in megalitres.
"D" represents the base amount under subclause (1) for the associated section 18 entitlement or section 20B entitlement.
"E" (the base amount under this subclause) represents the greater of:

(a) the greatest volume of water taken pursuant to the relevant section 20AA direction in any water year between 1 July 1990 and 30 June 2001, and

(b) one megalitre per hectare of the authorised area in relation to the general security entitlement.

"G" represents the average number of days per water year on which pumping water pursuant to the associated section 18 entitlement or section 20B entitlement was permissible in the water years between 1 July 1990 and 30 June 2001, multiplied by the assessed pump capacity associated with the entitlement.
"S1" represents the share component for the associated section 18 entitlement or section 20B entitlement under subclause (1).
"ΣE" represents the sum of the base amounts under this subclause for all general security entitlements with respect to the Lower Namoi.

(3) For the purposes of this clause, a section 18 entitlement or section 20B entitlement and a general security entitlement are "associated" with each other if, under the former 1912 Act, the one was granted in relation to the other.

(4) In this clause, a reference to the Lower Namoi is a reference to the Lower Namoi regulated river water source identified in the Water Sharing Plan for the Upper Namoi and Lower Namoi Regulated River Water Sources 2003 , as in force on 1 July 2004.