New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE CASTLEREAGH RIVER ABOVE BINNAWAY WATER SOURCE 2003 - REG 50

50 Adjustment to TDELs and IDELs

(1) Where IDELs are assigned under clause 49 the unassigned TDEL in the specified management zone is reduced accordingly, and the TDEL assigned to the appropriate licence category in the management zone specified in clause 46 is increased accordingly.

(2) Pursuant to section 45 (1) (b) of the Act, if total extraction of water under domestic and stock or native title rights exceeds the level specified in Part 5 of this Plan:

(a) first the unassigned TDEL specified in clause 47 for that management zone, then, if necessary, the TDEL for unregulated river access licences in clauses 46 for that management zone shall be diminished to allow these additional basic landholder rights to be met, and

(b) the IDELs of each unregulated river access licence in the specified management zone will then be reduced to comply with this diminished TDEL.

(3) Pursuant to section 45 (1) (b) of the Act, if any unassigned TDEL cannot meet either:

(a) the IDEL requirements of applicants for new access licences for domestic and stock access and unregulated river (Aboriginal cultural) access, or

(b) a local water utility’s IDEL requirements in a specified management zone resulting from a variation by the Minister under sections 66 (3) or 66 (4) of the Act,

then the TDEL for unregulated river access licences in that management zone in clause 46 will be diminished to such an extent as to allow those requirements to be met.

(4) Following an adjustment to the TDEL for unregulated river access licences in subclause (3) the IDELs of each unregulated river access licence in the specified management zone will then be reduced to comply with this diminished TDEL,

(5) Any adjustment to unregulated river access licence IDELs arising from this clause will be done at intervals of no greater than 5 years,

(6) Where in accordance with clause 75, the Minister establishes C class TDELs, and, an access licence holder applies to surrender A or B class IDELs in exchange for C class IDELS in a specified management zone:

(a) the unassigned TDEL in C class in the specified management zone in clause 47 shall be reduced by the amount of C class IDEL issued,

(b) the A or B class TDELs in the specified management zone in clause 45 shall be reduced by the amount of A or B class IDEL surrendered, and

(c) the A or B class TDELs for unregulated river access licences in the specified management zone in clause 46 shall be reduced accordingly.

Note: If C class TDELs are recommended following the review established at clause 75, unassigned C class TDEL will be created, with the volume created being identified at clause 47.

(7) If water that, pursuant to an access licence:

(a) is committed as adaptive environmental water, then the TDEL for classes specified on the committed access licence in the specified category in the specified management zone will be reduced by the IDEL on the access licence so committed and clauses 45 and 46 adjusted accordingly, or

(b) is uncommitted to adaptive environmental water, then the TDEL for classes specified on the committed access licence in the specified category in the specified management zone will be increased by the IDEL on the access licence so uncommitted and clauses 45 and 46 adjusted accordingly.