New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE BELLINGER RIVER AREA UNREGULATED AND ALLUVIAL WATER SOURCES 2008 - REG 35

35 Rules for granting access licences

(1) This Part is made in accordance with sections 20 (2) (b), 61 and 63 of the Act, having regard to the limits to water availability in these water sources and the need to protect dependent ecosystems.

(2) Applications for access licences may be made and access licences granted in these water sources, if the application is for:

(a) a specific purpose access licence for which application is provided for under clause 19 of the Water Management (General) Regulation 2004 (hereafter "the Regulation") in accordance with section 61 (1) (a) of the Act,

At the commencement of this Plan, clause 19 of the Regulation provides for the following specific purpose access licences to be applied for:

(i) a local water utility access licence (subcategory “domestic and commercial”), for the purpose of domestic consumption and commercial activities,

(ii) a domestic and stock access licence (subcategory “domestic”), for the purpose of domestic consumption,

(iii) an unregulated river access licence (subcategory “town water supply”), for the purpose of supply to communities for domestic consumption and commercial activities,

(iv) an aquifer access licence (subcategory “town water supply”), for the purpose of supply to communities for domestic consumption and commercial activities, and

(v) any category of specific purpose access licence (subcategory “Aboriginal cultural”), for Aboriginal cultural purposes.

Note: Pursuant to sections 66 (3) and 66 (4) of the Act, the Minister may also vary a local water utility’s share component at 5 year intervals, or on application of the local water utility where there is rapid growth in population.

(b) an access licence with a zero share component in accordance with sections 61 (1) (b) and 63 (5) of the Act,

(c) an access licence that may be granted in accordance with a dealing that is permitted by Part 12 of this Plan,

Note: Dealings include the conversion of unregulated river access licences to unregulated river high flow access licences as specified in clause 74 of this Plan.

(d) any category of specific purpose access licence (Aboriginal cultural), for Aboriginal cultural purposes, up to 10 ML/year per application,

(e) an unregulated river access licence, or domestic and/or stock access licence in the tidal pool management zone where a history of extraction in the tidal pool management zone can be demonstrated prior to the 30 June 2006, and

(f) an unregulated river (Aboriginal commercial) access licence, that can extract water from B Class flows only, has no more than minimal harm at the water source level impact assessment and provided no more than the following total unregulated river (Aboriginal commercial) access licence share component has ever been issued or will cause the following total share component to be exceeded, in the respective water sources:

(i) 500 unit shares in the Bellinger River Water Source,

(ii) 91.5 unit shares in the Boggy Creek Water Source,

(iii) 500 unit shares in the Coastal Bellinger Water Source,

(iv) 500 unit shares in the Coastal Kalang Water Sources,

(v) 183 unit shares in the Hydes Creek Water Source, and

(vi) 146.4 unit shares in the Spicketts Creek Water Source.

Note: Approval for granting of an unregulated river (Aboriginal commercial) access licence will be subject to assessment of the application in regard to the level of impact of the proposed extraction. This should include consideration of the potential impact on high flow (eg flows greater than the 50 th percentile flow) values, and any potential impact on the water source as a whole.

Note: An unregulated river (Aboriginal commercial) access licence will not be fully commercial. Allocations under these licences will be able to be traded to non-Aboriginal people however the licence itself can only be traded amongst Aboriginal people, and as such will remain in the Aboriginal community for the life of the licence. These licences will not be able to be converted to any other category of licence. Aboriginal communities, enterprises and individuals are encouraged to seek financial assistance from funding bodies to purchase fully commercial licences. For these reasons, in line with interagency agreement the Department proposes to amend the access licence sub category ‘Aboriginal Commercial’ to ‘Aboriginal Community Development’ in the Water Management Act 2000 Regulation.

(3) Licences under subclause 2 (e) can only be granted to those water users previously exempted from requiring a Water Act licence.

(4) In applying for a new access licence, the applicant must establish the purpose and circumstance relating to that access licence, and that the share component sought will be the minimum required to meet that purpose and circumstance.

(5) Subclause (4) does not apply to a new access licence arising from:

(a) section 61 (1) (c), of the Act, where the right has been acquired by auction, tender or other open market process, or

(b) an access licence dealing, or

(c) subclause 2 (e).

(6) Where total daily extraction limits have been established in a water source, any new access licence granted in the water sources, in accordance with this clause must have a share component within the respective total daily extraction limit initially assigned.

(7) Where flow classes have not been established in a water source, any new access licence granted in the water sources, in accordance with subclause (2) (a) shall only be permitted to take water when flows exceed a level to be determined by the Minister and specified on the access licence.