New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE BELLINGER RIVER AREA UNREGULATED AND ALLUVIAL WATER SOURCES 2008 - REG 76

76 Rules for water allocation assignments between water sources

(1) This clause relates to dealings under section 71T of the Act.

(2) Dealings under section 71T that result in water allocation assignments to or from an access licence in one of these water sources to or from an access licence in another of these water sources 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.

(3) Dealings under section 71T of the Act that result in water allocation assignments to or from an access licence in one of these water sources to or from an access licence in another of these water sources are prohibited 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 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,

(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, and

(k) the dealing involves an unregulated river high flow access licence.