New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE DORRIGO PLATEAU SURFACE WATER SOURCE AND DORRIGO BASALT GROUNDWATER SOURCE 2003 - REG 51

51 Granting of unassigned TDEL

(1) Prior to the Minister making an amendment under clause 87 (1), the unassigned A and B class TDELs in clause 49 shall not be assigned.

(2) Prior to the Minister making an amendment under clause 87 (1), the unassigned C class TDEL in clause 49 may be assigned to access licences in the following circumstances:

(a) where they are applied for as part of a new access licence application consistent with clause 33 (3) (a) to (f), or

(b) to a local water utility access licence where the Minister varies the access licence in accordance with sections 66 (3) or 66 (4) of the Act.

(3) After the Minister makes an amendment under clause 87 (1), and if the very low flow level in the zone is increased, the Minister may distribute all or part of the unassigned A class and B class TDELs to existing unregulated river access licences in that zone.

(4) Any additional TDEL assigned as IDEL to an access licence in subclause (3), will be in the same proportion of the zone’s additional TDEL as the access licence share component bears to all the unregulated river access licence share components in that zone.

(5) Subsequent to subclause (3), and pursuant to section 45 (1) (b) of the Act, the Minister may reduce the volume of any unassigned A and B class TDEL in clause 49 following the year 5 review of this Plan, based on an assessment by the Minister of the needs of users and the environment within this surface water source and downstream surface water sources in the Nymboida River Catchment Extraction Management Unit.

(6) The reduction in the volume of unassigned TDEL cannot exceed the volumes specified in clause 49, as amended by clause 52.

(7) Following any assignment of unassigned TDELs in accordance with subclause (3), and any further amendment to the unassigned TDELs in accordance with subclause (5), 50% of the remaining unassigned A and B class TDELs in each Zone will be included as unregulated river (Aboriginal cultural or commercial) TDELs in clause 48 (4).

(8) From year 6 to year 10 of this Plan, any remaining unassigned TDEL may be assigned to access licences in the following circumstances:

(a) where they are applied for as part of a new access licence application consistent with clause 33 (3) (a) to (f), or

(b) to a local water utility access licence where the Minister varies the access licence in accordance with sections 66 (3) or 66 (4) of the Act.

(9) Where additional IDELs are assigned to an access licence in accordance with subclause (8), the amount of IDEL so assigned shall be determined by the Minister consistent with the ratios of share component to IDEL for the specific category of access licence as initially assigned under clause 50, as amended by clause 52.