New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE BELLINGER RIVER AREA UNREGULATED AND ALLUVIAL WATER SOURCES 2008 - REG 73

73 Rules for change of water source

(1) This clause relates to dealings under section 71R and 71W of the Act.

Note: Section 71R dealings are the mechanism by which access licences can move from one water source to another. Once the change in water source has been affected, if permitted, the new license will have to nominate specified works (by a dealing under section 71W of the Act) in the receiving water source before extraction can commence.

(2) Dealings under section 71R and 71W of the Act that change the water source to which an access licence applies are prohibited in these water sources if:

(a) the dealing involves a change of water source from one extraction management unit to another extraction management unit,

(b) the dealing is into Dalhousie Creek Water Source, Never Never Creek Water Source, Rosewood Creek Water Source or Thora-North Arm Bellinger River Water Source,

(c) the dealing is into Boggy Creek Water Source and it causes the total access licence share components to exceed the total access licence share components in that water source at the commencement of this Plan, plus 50 ML,

(d) the dealing is into Spicketts Creek Water Source from a water source other than the Non Tidal Management Zone of the Kalang River Water Source,

(e) the dealing is into the Non Tidal Management Zone of the Bellinger River Water Source and it causes the total access licence share components in the non tidal management zone to exceed the total access licence share components in that management zone at the commencement of this Plan plus 54 ML,

(f) the dealing is into the Non Tidal Management Zone of the Coastal Bellinger Water Source and it causes the total access licence share components in the non tidal management zone to exceed the total access licence share components in that management zone at the commencement of this Plan plus 14 ML,

(g) the dealing is into the Non Tidal Management Zone of the Coastal Kalang Water Source and it causes the total access licence share components in the non tidal management zone to exceed the total access licence share components in that management zone at the commencement of this Plan plus 88 ML,

(h) the dealing is into the non tidal management zone of the Hydes Creek Water Source and it causes total access licence share components in the non tidal management zone to exceed total access licence share components in that management zone at the commencement of this Plan,

(i) the dealing is into the Non Tidal Management Zone of the Kalang River Water Source from another water source other than Spicketts Creek Water Source, and

(j) the dealing is into the tidal pool management zone of the Bellinger River Water Source, the Coastal Bellinger Water Source, the Coastal Kalang Water Source, Hydes Creek Water Source or Kalang River Water Source where:

(i) an assessment of the allowable annual limit that can be extracted within the respective tidal pool management zone has not been undertaken and that limit has not been specified in the Implementation Program for this Plan, or

(ii) it causes total share components of access licences in the tidal pool management zone to exceed the allowable annual limit that can be extracted within the respective management zone as specified in the Implementation Program for this Plan.

(3) Dealings under section 71R and 71W of the Act that change the water source to which an access licence applies are prohibited in these water sources if the dealing involves an unregulated river high flow access licence.

(4) Dealings under section 71R and 71W of the Act that change the water source to which an access licence applies are prohibited in these water sources if the dealing would result in the total extraction under access licences through nominated water supply works (bores) in the area, plus basic landholder rights extraction, causing any adverse local impact in accordance with Part 11, Division 4 of this Plan.

(5) Unless the application is for a replacement water supply work (bore) that is part of a bore network for a local water utility or town water supply or a new water supply works (bore) required as part of a dealing involving the conversion of an unregulated river access licence to an aquifer access licence under section 71O of the Act and clause 74 of this Plan, consent to a nominated work under section 71W, is not to be granted in these groundwater sources, if it would result in a water supply work (bore) being authorised to extract water within 40 metres of the top of the high bank of a river.

(6) The share component on an access licence issued under this clause is to be equal to the cancelled access licence share component.

(7) The extraction component of the cancelled access licence is not to be carried over to the new access licence.