New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE ADELONG CREEK WATER SOURCE 2003 - REG 50

50 Adjustment to TDELs and IDELs

(1) Where IDELs are assigned under clause 49 the unassigned TDEL is reduced accordingly, and the TDEL assigned to the appropriate licence category in clause 46 is increased accordingly.

(2) Notwithstanding subclause (1), where an access licence in this water source is cancelled as a result of the operation of section 71 of the Act or otherwise, and that cancellation would result in the cancellation of an A class IDEL:

(a) the cancelled A class IDEL will be reserved as planned environmental water, and the A class TDEL in clause 45 (1) (b) reduced until that TDEL reaches a volume of 10 ML/day, and

(b) once the TDEL reaches a volume of 10 ML/day, further cancelled IDELs, creating unassigned TDEL, will become available to access licences through subsequent assignments.

Note: A TDEL volume of 10 ML/day is equivalent to 40% of the top of A class flows in accordance with agreed Government policy.

(3) Pursuant to section 45 (1) (b) of the Act, if total extraction of water under domestic and stock or native title rights exceeds the level specified in Part 5 of this Plan:

(a) first the unassigned TDEL specified in clause 47 then, if necessary, the TDEL for unregulated river access licences in clause 46 (c) shall be diminished to allow these additional basic landholder rights to be met, and

(b) the IDELs of each unregulated river access licence shall then be reduced to comply with this diminished TDEL.

(4) Pursuant to section 45 (1) (b) of the Act, if any unassigned TDEL cannot meet either:

(a) the IDEL requirements of applicants for new access licences for local water utilities and domestic and stock access, or

(b) a local water utility’s IDEL requirements resulting from a variation by the Minister under sections 66 (3) or 66 (4) of the Act,

then the TDEL for unregulated river access licences in clause 46 (c) will be diminished to such an extent as to allow those requirements to be met.

(5) Following an adjustment to the TDEL for unregulated river access licences in subclause (3) the IDELs of each unregulated river access licence will then be reduced to comply with this diminished TDEL.

(6) Any adjustment to unregulated river access licence IDELs arising from this clause will be done at intervals of no greater than 5 years.

(7) If water that, pursuant to an access licence:

(a) is committed to adaptive environmental water, then the TDEL for categories and classes specified on the committed access licence will be reduced by the IDEL on the access licence so committed and clause 45 adjusted accordingly, or

(b) is uncommitted to adaptive environmental water, then the TDEL for categories and classes specified on the committed access licence will be increased by the IDEL on the access licence so uncommitted and clause 45 adjusted accordingly.