New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE BELLINGER RIVER AREA UNREGULATED AND ALLUVIAL WATER SOURCES 2008 - REG 65

65 Access conditions for access licences which nominated water supply works (bore) approvals in these water sources

(1) The taking of water under an aquifer access licence which nominates a water supply works (bores) that is at or less than 40 metres from the top of the high bank of a river shall, for the first five years of this Plan, not be subject to the access rules in clause 18 of this Plan applying to unregulated river access licences within the same water source or management zone, except where subclause (2) applies, but will be subject to any other relevant condition on the access licence.

(2) Notwithstanding subclause (1), where a new water supply works (bore) is required as part of a dealing involving the conversion of an unregulated river access licence to an aquifer access licence under clause 74 of this Plan then the taking of water under the aquifer access licence shall be subject to the same access rules applying to unregulated river access licences within the same water source or management zone.

(3) The taking of water under an aquifer access licences which nominates a water supply works (bores) that is greater than 40 metres from the top of the high bank of a river shall not be subject to the access rules applying to unregulated river access licences within the same water source or management zone, but will be subject to any other relevant condition on the access licence.

(4) The taking of water under an aquifer access licences which nominates a water supply works (bores) that is at or less than 40 metres from the top of the high bank of a river shall, after year six of this Plan, be subject to the relevant access rules applying to unregulated river access licences within the same water source or management zone and any other relevant condition on the access licence.

(5) The taking of water under a local water utility access licences which nominates a new water supply works (bores) that is at or less than 40 metres from the top of the high bank of a river shall, be subject to the relevant access rules applying to unregulated river access licences within the same water source or management zone and any other relevant condition on the access licence.

(6) For the purposes of subclauses (4) and (5), an unregulated river access condition that requires a visible flow at the pump site shall be for an aquifer access licence taken to mean a visible flow in the river immediately adjacent to the water supply work (bore).

(7) The taking of water under a local water utility or domestic and stock access licences which, at the commencement of this Plan, nominates a water supply works (bores), that is less than 40 metres from the top of the high bank of a river shall not be subject to the access rules applying to local water utility or domestic and stock access licences access licences within the same management zone or water source, but will be subject to any other relevant condition on the access licence, except where clause (5) applies.