New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE BELLINGER RIVER AREA UNREGULATED AND ALLUVIAL WATER SOURCES 2008 - REG 78

78 Mandatory conditions on access licences

(1) This Part is made in accordance with sections 17 (c) and 20 (2) (e) of the Act.

(2) All access licences in these water sources shall have mandatory conditions to give effect to the provisions of this Plan in relation to the following:

(a) the requirement that all extraction under access licences will be subject to the available water determinations made pursuant to section 59 of the Act,

(b) the requirement that all extraction under access licences will be subject to the account management rules established in Part 11 this Plan,

(c) the requirement that all extraction under aquifer access licences will be subject to any local impact rules established in Division 4 of Part 11 of this Plan,

(d) the taking of any water in a water allocation account for an access licence will only be permitted if the resulting debit from the access licence water allocation account will not exceed the volume of water remaining in the account,

(e) the requirement that water may only be taken by water supply works nominated on the access licence, consistent with the conditions of the works approval, and

(f) any other conditions required to implement the provisions of this Plan.

(3) All access licences in these water sources, excluding unregulated river high flow access licences and unregulated river (Aboriginal commercial) access licences, shall have a mandatory condition which specifies a cease to pump which is the higher of:

(a) the upper limit of the Very Low Flow Class established in clause 18 for the respective water source or management zone, or

(b) the cease to pump threshold specified on the entitlement issued under Part 2 of the Water Act 1912 that is being replaced by an access licence under the Act.

(4) All domestic and stock access licences in these water sources shall have mandatory conditions to give effect to the following:

(a) water may only be taken for the purposes of domestic consumption or stock watering as defined in section 52 of the Act,

(b) where a flow class has been determined by the Minister water may only be taken at a rate not exceeding that specified for the flow class and in the access licence extraction component, unless otherwise authorised by an approved group,

(c) where a flow class has not been determined by the Minister water may only be taken in accordance with the related cease to pump flow rate,

(d) notwithstanding subclauses (b) and (c), water may be taken without any restrictions in rate from an in-river dam while the dam is passing all inflows, and

(e) the conditions in subclauses (b) (c) and (d) are not to be imposed if the extraction component of the access licence specifies that water may only be taken from a runoff harvesting dam.

(5) All local water utility access licences in these water sources shall have mandatory conditions to give effect to the following:

(a) water may only be taken for the purposes of supplying water for the exercise of a water supply function of the local water utility or for other such purpose provided for under the Act,

(b) where a flow class has been determined by the Minister water may only be taken at a rate not exceeding that specified for the flow class on the access licence extraction component, and

(c) notwithstanding subclause (b), water may be taken without any restrictions in rate from an in-river dam while the dam is passing all inflows.

(6) All unregulated river access licences in these water sources shall have mandatory conditions to give effect to the following:

(a) where a flow class has been determined by the Minister water may only be taken at a rate not exceeding that specified for the flow class and in the access licence extraction component, unless otherwise authorised by an approved group,

(b) where a flow class has not been determined by the Minister water may only be taken in accordance with the related cease to pump flow rate, and

(c) notwithstanding subclauses (a) and (b), water may be taken without any restrictions in rate from an in-river dam while the dam is passing all inflows.

(7) All unregulated river high flow access licences and unregulated river (Aboriginal commercial) access licence in these water sources shall have mandatory conditions to give effect to the following:

(a) a cease to pump flow rate which is the higher of:

(i) the lower limit of the B Class established in clause 18 for the respective water source or management zone, or

(ii) the cease to pump threshold specified on the entitlement issued under Part 2 of the Water Act 1912 that is being replaced by an access licence under the Act,

(b) where a flow class has been determined by the Minister water may only be taken at a rate not exceeding that specified for the flow class and in the access licence extraction component, unless otherwise authorised by an approved group,

(c) where a flow class has not been determined by the Minister water may only be taken in accordance with the related cease to pump flow rate, and

(d) notwithstanding subclauses (b) and (c), water may be taken without any restrictions in rate from an in-river dam while the dam is passing all inflows.

(8) All access licences in these water sources that nominate a runoff harvesting work shall have a mandatory condition imposed on them specifying that water may be taken without restriction in rate, but only from the specified work.

(9) Access licences listed in Schedule 3 shall have mandatory conditions to give effect to clause 64.

(10) All (Aboriginal cultural) access licences shall have mandatory conditions that only allow the taking of water by Aboriginal persons or communities for personal, domestic and communal purposes, including the purpose of drinking, food preparation, washing, manufacturing traditional artefacts, watering domestic gardens, cultural teaching hunting, fishing and gathering and for recreational, cultural and ceremonial purposes.

(11) All unregulated river (Aboriginal commercial) access licences shall have mandatory conditions that only allow the taking of water by Aboriginal persons or communities for commercial purposes.

(12) All aquifer access licences shall have mandatory conditions to give effect to a local impact area declaration under clause 67 of this Plan.

(13) All aquifer access licences shall have mandatory conditions to give effect to clause 65 of this Plan.