New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE DORRIGO PLATEAU SURFACE WATER SOURCE AND DORRIGO BASALT GROUNDWATER SOURCE 2003 - REG 33

33 Rules for granting access licences

(1) This Part is made in accordance with sections 20 (2) (b) and 63 of the Act, having regard to the limits to water availability in these water sources, and the need to protect the ecological health of the river, the groundwater dependent ecosystems and groundwater quality.

(2) Access licences may be granted in these water sources subject to any embargo on the making of applications for access licences made under Chapter 3 Part 2 Division 7 of the Act.

(3) The Minister should declare an embargo on the making of applications for access licences in these water sources, other than access licences of the following kind:

(a) local water utility access licences,

Note: Pursuant to sections 66 (3) and 66 (4) of the Act, the Minister may also vary a local water utility’s share component at 5 year intervals, or on application of the local water utility where there is a rapid growth in population.

(b) domestic and stock access licences,

(c) specific purpose access licences for which applications are provided for under the regulations in accordance with section 61 (1) (a) of the Act.

(d) an unregulated river (research) access licence where the share component does not exceed 10 ML/yr per application,

(e) an unregulated river (Aboriginal cultural) access licence where the share component does not exceed 10 ML/yr per application,

(f) an unregulated river (Aboriginal commercial) access licence where the share component does not exceed 10 ML/yr per application,

(g) an aquifer (Aboriginal cultural) access licence where the share component does not exceed 10 ML/yr per application, or

(h) an aquifer (research) access licence where the share component does not exceed 10 ML/yr per application, or

(i) aquifer access licences, while the total aquifer access licence share components in this groundwater source remains less than the extraction limit established in clause 37.

(4) In applying for a new access licence, the applicant must establish the purpose and circumstance relating to that access licence, and that the share and components sought will be the minimum required to meet that purpose and circumstance.

(5) Any individual daily extraction limit (hereafter "IDEL") granted in accordance with this clause should not exceed the IDEL initially assigned to an equivalent share component for that category of access licence, as varied by clause 52.

(6) Runoff harvesting access licences may have the share component expressed either as a volume in ML/yr or in terms of the amount of water that can be extracted from time to time from specified works.

(8) In this groundwater source, access licences granted under this Part cannot be extracted through a water supply work (bore) located in an area where the full extraction authorised by access licences nominating supply works (bores) located in the area, and the exercise of basic landholder rights, are likely to cause adverse local impact, as outlined in Part 10 Division 4 of this Plan.

(9) In this groundwater source, if an access licence share component applied for is significant, as determined by the Minister on the basis of the particular aquifer characteristics, the application will not be granted until a water supply work (bore) approval has been granted and the work constructed.

(10) Once the water supply work (bore) is constructed and the results of a pumping test or its equivalent are supplied by the applicant, in the required form and to the specification of the Minister, the access licence may be granted.

(11) The share component of the access licence granted under subclause (10) will be the proportion of the share component sought that the water supply work (bore) is capable of extracting without adverse local impact, as outlined in Part 10 Division 4 of this Plan.

(12) Subclauses (9), (10) and (11) do not apply to a new access licence arising from:

(a) section 61 (1) (c), of the Act, where the right has been acquired by auction, tender or other open market process, or

(b) an access licence dealing.