New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE ADELONG CREEK WATER SOURCE 2003 - REG 49

49 Granting of unassigned TDEL

(1) The unassigned TDEL in clause 47 may be assigned to access licences in the following circumstances:

(a) where they are applied for as part of a new access licence application,

(b) to a local water utility access licence where the Minister varies the access licence in accordance with sections 66 (3) or 66 (4) of the Act,

(c) to existing access licences for the purpose of pumping into farm dams if:

(i) the purpose of the additional IDEL sought is established by the proponent,

(ii) the IDEL sought is the minimum required to satisfy that purpose, and

(iii) the extraction is consistent with the objectives and principles of this Plan.

(2) Notwithstanding subclause (1), the unassigned TDEL in clause 47 (a) may only be assigned to unregulated river (Aboriginal cultural) access licences in accordance with clause 32 (3) (d).

(3) Where additional IDELs are assigned to an access licence in accordance with this clause, the amount of IDEL so assigned shall be determined by the Minister consistent with the ratios of share component to IDEL for the specific category of access licence as initially assigned under clause 48.