New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE COMMISSIONERS WATERS WATER SOURCE 2003 - REG 51

51 Adjustment to TDELs and IDELs

(1) Where IDELs are assigned under clause 50, the unassigned TDEL is reduced accordingly, and the TDEL assigned to the appropriate licence category in clause 47 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 48 then, if necessary, the TDEL for unregulated river access licences in clause 47 (b) shall be diminished to allow these additional basic landholder rights to be met, and

(b) the IDELs of each unregulated river access licence 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, unregulated river (Aboriginal cultural) access and unregulated river (research) access, or

(b) a local water utility’s IDEL requirements,

then the TDEL for unregulated river access licences in clause 47 (b) 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 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) If water that, pursuant to an access licence:

(a) is committed to adaptive environmental water, then the TDEL for the classes specified on the committed access licence in the specified category will be reduced by the IDEL on the access licence so committed and clauses 46 and 47 adjusted accordingly, or

(b) is uncommitted to adaptive environmental water, then the TDEL for the classes specified on the committed access licence in the specified category will be increased by the IDEL on the access licence so uncommitted and clauses 46 and 47 adjusted accordingly.