New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE BELLINGER RIVER AREA UNREGULATED AND ALLUVIAL WATER SOURCES 2008 - REG 71

71 Access licence dealing rules

(1) This Part is made in accordance with section 20 (1) (d) of the Act and with the Minister’s access licence dealing principles gazetted on 1 July 2004 (as amended) under section 71Z of the Act.

(2) Applications for access licence dealings may be granted subject to the Minister’s access licence dealing principles gazetted from time to time under section 71Z of the Act and the rules in this Part.

(3) To the extent that the water allocation of an access licence which is subject to an adaptive environmental water condition is not required to meet the requirement of the condition it may be the subject of an assignment dealing in accordance with the Dealings Rules in Part 12 of this Plan.

(4) Notwithstanding subclause (3) an access licence with an adaptive environmental water condition may be the subject of any other dealing permitted by the Dealing Rules in this Plan, provided the benefit to the environment provided for in the adaptive environmental condition is not diminished.

Note: There are a number of mechanisms within the Act, called access licence dealings, to change either the holder of all or part of an access licence, or the location within a water source at which all or part of the share and extraction components of access licences can be exercised. These dealings are governed by the principles in section 5 of the Act, the Minister’s access licence dealing principles, and the rules in this Part.

Note: Where there is an inconsistency between access licence dealing rules established in this Plan and Minister’s access licence dealing principles gazetted subsequent to the commencement of this Plan, section 71Z of the Act provides for the Minister’s access licence dealing principles to prevail.

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.

Note: 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.