New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE BELLINGER RIVER AREA UNREGULATED AND ALLUVIAL WATER SOURCES 2008 - REG 44

44 Compliance with the long-term average annual extraction limits

(1) Water extraction in these Units will be monitored each water year to determine if there is any growth in volumes extracted above the extraction limit specified in clause 42, based on comparison of the extraction limit against the average extraction within these Units over that year and the preceding 2 years.

Note: A water year is defined in Schedule 1 as any 12 month period from 1 July.

(2) For the purposes of auditing compliance with the long-term average annual extraction limit, water pursuant to an access licence that has been committed as adaptive environmental water where the access licence has been granted under clause 22 (4), shall not be accounted for as extraction under subclause (1).

(3) If the 3 year average of extraction in these Units exceeds the long-term average annual extraction limit established in clause 42 by 5% or greater, then the available water determination made for unregulated river access licences under clause 48 (1), for the following water year for unregulated river access licences in these water sources shall be reduced by an amount that is assessed as necessary by the Minister to return subsequent total water extraction in these Units to the long-term average annual extraction limit.

(4) If the 3 year average of extraction in these Units is less than 95% of the long-term average annual extraction limit established in clause 42, the available water determination made under clause 48 (1) for the following water year for unregulated river access licences in these water sources shall be increased to such an extent as to allow total water extraction in these Units to increase to that extraction limit.

Note: The effect of this subclause and clause 48 is that available water determinations for unregulated river access licences can never be greater than 1 ML per unit share, except for the available water determination made for the first year of the Plan.

(5) Any reduction or increase to the available water determinations made under clause 48 (1) for unregulated river access licences in these water sources as a result of subclause (3) or (4) should be repeated for each of the subsequent two water years.

(6) If the 3 year average of extraction in these Units exceeds the long-term average annual extraction limit established in clause 42 by 5% or greater, then the available water determination made for unregulated river high flow access licences under clause 49 (1), for the following water year for unregulated river high flow access licences in these water sources shall be reduced by an amount that is assessed as necessary by the Minister to return subsequent total water extraction in these Units to the long-term average annual extraction limit.

(7) If the 3 year average of extraction in these Units is less than 95% of the long-term average annual extraction limit established in clause 42, the available water determination made under clause 49 (1) for the following water year for unregulated river high flow access licences in these water sources shall be increased to such an extent as to allow total water extraction in these Units to increase to that extraction limit.

Note: The effect of this subclause and clause 49 is that available water determinations for unregulated river high flow access licences can never be greater than 1 ML per unit share, except for the available water determination made for the first year of the Plan.

(8) Any reduction or increase to the available water determinations made under clause 49 (1) for unregulated river high flow access licences in these water sources as a result of subclause (6) or (7) should be repeated for each of the subsequent two water years.

(9) If the 3 year average of extraction in these Units exceeds the long-term average annual extraction limit established in clause 42 by 5% or greater, then the available water determination made for aquifer access licences under clause 50 (1), for the following water year for aquifer access licences in these water sources shall be reduced by an amount that is assessed as necessary by the Minister to return subsequent total water extraction in these Units to the long-term average annual extraction limit.

(10) If the 3 year average of extraction in these Units is less than 95% of the long-term average annual extraction limit established in clause 42, the available water determination made under clause 50 (1) for the following water year for aquifer access licences in these water sources shall be increased to such an extent as to allow total water extraction in these Units to increase to that extraction limit.

Note: The effect of this subclause and clause 50 is that available water determinations for aquifer access licences can never be greater than 1 ML per unit share, except for the available water determination made for the first year of the Plan.

(11) Any reduction or increase to the available water determinations made under clause 50 (1) for aquifer access licences in these water sources as a result of subclause (9) or (10) should be repeated for each of the subsequent two water years.