New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE DORRIGO PLATEAU SURFACE WATER SOURCE AND DORRIGO BASALT GROUNDWATER SOURCE 2003 - REG 52

52 Adjustment to TDELs and IDELs

(1) Where IDELs are assigned under clause 51 the unassigned TDEL is reduced accordingly, and the TDEL assigned to the appropriate licence category in clause 48 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 in a zone exceeds the level specified in Part 5 of this Plan:

(a) first any unassigned TDEL in that zone then, if necessary, the TDEL for unregulated river access licences for that zone in clause 48 (3) shall be diminished to allow these additional basic landholder rights to be met, and

(b) the IDELs of each unregulated river access licence in that 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 in a zone 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 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 zone in clause 48 (3) 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 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) If water that, pursuant to an access licence:

(a) is committed to adaptive environmental water, then the TDEL for categories and classes specified on the committed access licence will be reduced by the IDEL on the access licence so committed and clauses 47 and 48 adjusted accordingly, or

(b) is uncommitted to adaptive environmental water, then the TDEL for categories and classes specified on the committed access licence will be increased by the IDEL on the access licence so uncommitted and clauses 47 and 48 adjusted accordingly.