WATER SHARING PLAN FOR THE GREATER METROPOLITAN REGION UNREGULATED RIVER WATER SOURCES 2011 - REG 67 Amendment of extraction component dealings

WATER SHARING PLAN FOR THE GREATER METROPOLITAN REGION UNREGULATED RIVER WATER SOURCES 2011 - REG 67

67 Amendment of extraction component dealings

(1) This clause relates to dealings under section 71S of the Act in these water sources.

(2) Dealings under section 71S of the Act are prohibited if the dealing involves:

(a) an unregulated river (high flow) access licence,

(b) an access licence with an extraction component that specifies a management zone downstream of a major utility or local water utility water supply work (dam or weir), excluding Menangle Weir, Camden Weir, Sharpes Weir, Cobbity Weir, Mount Hunter Rivulet Weir, Brownlow Hill Weir, Theresa Park Weir, Wallacia Weir and Penrith Weir, being varied to specify a management zone that is located upstream of the major utility or local water utility water supply work, except as provided in paragraph (w),

(c) an access licence with an extraction component that specifies a management zone upstream of a major utility or local water utility water supply work (dam or weir), excluding Menangle Weir, Camden Weir, Sharpes Weir, Cobbity Weir, Mount Hunter Rivulet Weir, Brownlow Hill Weir, Theresa Park Weir, Wallacia Weir and Penrith Weir, being varied to specify a management zone that is located downstream of the major utility or local water utility water supply work, except as provided in paragraphs (x), (y) and (z),

(d) an access licence with an extraction component that specifies a management zone in the Shoalhaven River Water Source being varied to specify another management zone in the Shoalhaven River Water Source that is one of the following:

(i) Mid Shoalhaven River Management Zone,

(ii) Reedy Creek Management Zone,

(iii) Mongarlowe River Management Zone,

(iv) Corang and Endrick Rivers Management Zone,

(v) Nerrimunga Creek Management Zone,

(vi) Bungonia Creek Management Zone,

(vii) Fitzroy Falls Management Zone,

(viii) Yarrunga Creek Management Zone,

(ix) Lower Kangaroo River Management Zone,

(x) Bundanoon Creek Management Zone,

(xi) Bomaderry Creek Management Zone,

(xii) Broughton Creek Management Zone,

(xiii) Broughton Mill Creek Management Zone, or

(xiv) Jaspers Brush Creek and Tributaries Management Zone,

(e) an access licence with an extraction component that specifies a management zone in the Shoalhaven River Water Source being varied to specify the Upper Shoalhaven River Management Zone in the Shoalhaven River Water Source, if the dealing would cause the sum of the share components of all access licences with an extraction component that specified the Upper Shoalhaven River Management Zone, other than unregulated river (high flow) access licences to exceed the sum of the share components of all access licences with extraction components that specified the Upper Shoalhaven River Management Zone at the date of commencement of this Plan, minus the share components of any unregulated river access licences that have been converted to unregulated river (high flow) access licences with extraction components specifying the Upper Shoalhaven River Management Zone since the commencement of this Plan,

(f) an access licence with an extraction component that specifies a management zone in the Shoalhaven River Water Source being varied to specify the Boro Creek Management Zone in the Shoalhaven River Water Source, if it would cause the sum of the share components of all access licences with extraction components that specified the Boro Creek Management Zone to exceed the sum of the share components of all access licences with extraction components that specify the Boro Creek Management Zone at the date of commencement of this Plan, plus 73,

(g) an access licence with an extraction component that specifies a management zone in the Shoalhaven River Water Source being varied to specify the Shoalhaven River Gorge Management Zone in the Shoalhaven River Water Source, if it would cause the sum of the share components of all access licences with extraction components that specify the Shoalhaven River Gorge Management Zone to exceed 2,198,

(h) an access licence with an extraction component that specifies a management zone in the Shoalhaven River Water Source being varied to specify another management zone that is one of the following management zones in the Shoalhaven River Water Source, if it would cause the sum of the share components of all access licences with extraction components that specify that management zone to exceed the sum of the share components of all access licences with extraction components in that management zone at the date of commencement of this Plan:

(i) Barbers Creek Management Zone,

(ii) Lower Shoalhaven River Management Zone, or

(iii) Lower Shoalhaven River Catchment Management Zone,

(i) an access licence with an extraction component that specifies a management zone in the Illawarra Rivers Water Source being varied to specify another management zone in the Illawarra Rivers Water Source that is one of the following:

(i) Minnamurra River Management Zone,

(ii) Minnamurra Coastal Management Zone,

(iii) Macquarie Rivulet Management Zone, or

(iv) Wollongong Coastal Management Zone,

(j) an access licence with an extraction component that specifies a management zone in the Illawarra Rivers Water Source being varied to specify the Lake Illawarra Management Zone in the Illawarra Rivers Water Source, if it would cause the sum of the share components of all access licences with extraction components that specify the Lake Illawarra Management Zone to exceed the sum of the share components of all access licences with extraction components that specified the Lake Illawarra Management Zone at the date of commencement of this Plan,

(k) an access licence with an extraction component that specifies a management zone in the Upper Nepean and Upstream Warragamba Water Source being varied to specify another management zone in the Upper Nepean and Upstream Warragamba Water Source that is one of the following:

(i) Mulwaree River Management Zone,

(ii) Upper Wollondilly Management Zone,

(iii) Lower Wollondilly Management Zone,

(iv) Upper Wingecarribee River Management Zone,

(v) Lower Wingecarribee River Management Zone,

(vi) Medway Rivulet Management Zone,

(vii) Maldon Weir Management Zone,

(viii) Pheasants Nest Weir to Nepean Dam Management Zone,

(ix) Maguires Crossing Management Zone,

(x) Stonequarry Creek Management Zone,

(xi) Lower Cataract River Management Zone,

(xii) Mid Cataract River Management Zone,

(xiii) Avon River Management Zone,

(xiv) Cordeaux River Management Zone,

(xv) Upper Nepean River Tributaries Headwaters Management Zone,

(xvi) Wywandy Management Zone,

(xvii) Dharabuladh Management Zone, or

(xviii) Kowmung River Management Zone,

(l) an access licence with an extraction component that specifies a management zone in the Upper Nepean and Upstream Warragamba Water Source being varied to specify another management zone that is one of the following in the Upper Nepean and Upstream Warragamba Water Source, if it would cause the sum of the share components of all access licences with extraction components that specify that management zone to exceed the sum of the share components of all access licences with extraction components that specified that management zone at the date of commencement of this Plan:

(i) Nattai River Management Zone,

(ii) Little River Management Zone,

(iii) Lake Burragorang River Management Zone, except where the access licence for which the variation is proposed is held by the NSW Government or the Commonwealth for the purpose of providing water to the environment, and the variation is for an environmental purpose,

(iv) Werriberri Creek Management Zone,

(v) Jenolan River Management Zone, or

(vi) Kedumba River Management Zone,

(m) an access licence that specifies the Menangle Weir Management Zone, the Camden Weir Management Zone, the Sharpes Weir Management Zone, the Cobbity Weir Management Zone, the Mount Hunter Rivulet Management Zone, the Brownlow Hill Weir Management Zone, the Theresa Park Weir Management Zone or the Wallacia Weir Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source being varied to specify one of the following management zones in the Hawkesbury and Lower Nepean Rivers Water Source:

(i) Mid Nepean River Catchment Management Zone,

(ii) Lower Nepean River Management Zone,

(iii) Erskine Creek and Glenbrook Creek Management Zone,

(iv) Grose River Management Zone,

(v) Capertee River Management Zone,

(vi) Colo River Management Zone,

(vii) Upper Hawkesbury River (Grose River to South Creek) Management Zone,

(viii) Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone,

(ix) Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone,

(x) Lower Hawkesbury River Management Zone,

(xi) Macdonald River Management Zone,

(xii) Upper South Creek Management Zone,

(xiii) Lower South Creek Management Zone,

(xiv) Cattai Creek Management Zone,

(xv) Berowra Creek and Cowan Creek Management Zone, or

(xvi) Warragamba River Management Zone,

(n) an access licence with an extraction component that specifies a management zone in the Hawkesbury and Lower Nepean Rivers Water Source being varied to specify the Menangle Weir Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source, if it would cause the sum of the share components of all access licences with extraction components that specify the Menangle Weir Management Zone to exceed the sum of the share components of all access licences with extraction components that specified the Menangle Weir Management Zone at the date of commencement of this Plan:

(i) Camden Weir Management Zone,

(ii) Sharpes Weir Management Zone,

(iii) Cobbity Weir Management Zone,

(iv) Mount Hunter Rivulet Weir Management Zone,

(v) Brownlow Hill Weir Management Zone,

(vi) Theresa Park Weir Management Zone, or

(vii) Wallacia Weir Management Zone,

(o) an access licence with an extraction component that specifies a management zone in the Hawkesbury and Lower Nepean Rivers Water Source being varied to specify the Camden Weir Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source, if it would cause the sum of the share components of all access licences with extraction components that specify the Camden Weir Management Zone to exceed the sum of the share components of all access licences with extraction components that specified the Camden Weir Management Zone at the date of commencement of this Plan:

(i) Sharpes Weir Management Zone,

(ii) Cobbity Weir Management Zone,

(iii) Mount Hunter Rivulet Weir Management Zone,

(iv) Brownlow Hill Weir Management Zone,

(v) Theresa Park Weir Management Zone, or

(vi) Wallacia Weir Management Zone,

(p) an access licence with an extraction component that specifies a management zone in the Hawkesbury and Lower Nepean Rivers Water Source being varied to specify the Sharpes Weir Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source, if it would cause the sum of the share components of all access licences with extraction components that specify the Sharpes Weir Management Zone to exceed the sum of the share components of all access licences with extraction components that specified the Sharpes Weir Management Zone at the date of commencement of this Plan:

(i) Cobbity Weir Management Zone,

(ii) Mount Hunter Rivulet Weir Management Zone,

(iii) Brownlow Hill Weir Management Zone,

(iv) Theresa Park Weir Management Zone, or

(v) Wallacia Weir Management Zone,

(q) an access licence with an extraction component that specifies a management zone in the Hawkesbury and Lower Nepean Rivers Water Source being varied to specify the Cobbity Weir Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source, if it would cause the sum of the share components of all access licences with extraction components that specify the Cobbity Weir Management Zone to exceed the sum of the share components of all access licences with extraction components that specified the Cobbity Weir Management Zone at the date of commencement of this Plan:

(i) Mount Hunter Rivulet Weir Management Zone,

(ii) Brownlow Hill Weir Management Zone,

(iii) Theresa Park Weir Management Zone, or

(iv) Wallacia Weir Management Zone,

(r) an access licence with an extraction component that specifies a management zone in the Hawkesbury and Lower Nepean Rivers Water Source being varied to specify the Mount Hunter Rivulet Weir Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source, if it would cause the sum of the share components of all access licences with extraction components that specify the Mount Hunter Rivulet Weir Management Zone to exceed the sum of the share components of all access licences with extraction components that specified the Mount Hunter Rivulet Weir Management Zone at the date of commencement of this Plan:

(i) Brownlow Hill Weir Management Zone,

(ii) Theresa Park Weir Management Zone, or

(iii) Wallacia Weir Management Zone,

(s) an access licence with an extraction component that specifies a management zone in the Hawkesbury and Lower Nepean Rivers Water Source being varied to specify the Brownlow Hill Weir Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source, if it would cause the sum of the share components of all access licences with extraction components that specify the Brownlow Hill Weir Management Zone to exceed the sum of the share components of all access licences with extraction components that specified the Mount Hunter Rivulet Weir Management Zone at the date of commencement of this Plan:

(i) Theresa Park Weir Management Zone, or

(ii) Wallacia Weir Management Zone,

(t) an access licence with an extraction component that specifies the Wallacia Weir Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source being varied to specify the Theresa Park Weir Management Zone in the Hawkesbury and Lower Nepean Rivers Water Source, if it would cause the sum of the share components of all access licences with extraction components that specify the Theresa Park Weir Management Zone to exceed the sum of the share components of all access licences with extraction components that specified the Theresa Park Weir Management Zone at the date of commencement of this Plan,

(u) an access licence with an extraction component that specifies a management zone in the Hawkesbury and Lower Nepean River Water Source being varied to specify another management zone in the Hawkesbury and Lower Nepean Rivers Water Source that is one of the following:

(i) Mid Nepean River Management Zone,

(ii) Erskine Creek and Glenbrook Creek Management Zone,

(iii) Grose River Management Zone,

(iv) Lower Hawkesbury River Management Zone, except where the access licence for which the variation is proposed is held by the NSW Government or the Commonwealth for the purpose of providing water to the environment, and the variation is for an environmental purpose,

(v) Upper South Creek Management Zone,

(vi) Lower South Creek Management Zone, or

(vii) Warragamba River Management Zone,

(v) an access licence with an extraction component that specifies a management zone in the Hawkesbury and Lower Nepean Rivers Water Source being varied to specify another management zone in the Hawkesbury and Lower Nepean Rivers Water Source that is one of the following management zones, if it would cause the sum of the share components of all access licences with extraction components that specify that management zone to exceed the sum of the share components of all access licences with extraction components that specified that management zone at the date of commencement of this Plan:

(i) Capertee River Management Zone,

(ii) Colo River Management Zone,

(iii) Macdonald River Management Zone,

(iv) Cattai Creek Management Zone, or

(v) Berowra Creek and Cowan Creek Management Zone,

(w) access licence with an extraction component that specifies a management zone in the Hawkesbury and Lower Nepean Rivers Water Source being varied to specify the Lower Nepean River Management Zone, unless:

(i) the extraction component of the access licence is being varied from one of the following management zones:

(A) Upper Hawkesbury River (Grose River to South Creek) Management Zone,

(B) Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone, or

(C) Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone, and

(ii) the dealing would not cause the sum of the share components of all access licences with extraction components that specify the Lower Nepean River Management Zone to exceed by more than 3.65 GL the sum of the share components of all access licences that existed in the Lower Nepean River Management Zone at the date of commencement of this Plan,

(x) an access licence with an extraction component that specifies a management zone in the Hawkesbury and Lower Nepean Rivers Water Source being varied to specify the Upper Hawkesbury River (Grose River to South Creek) Management Zone, except where the extraction component of the access licence is being varied from one of the following management zones:

(i) Upper Hawkesbury River (Grose River to South Creek) Management Zone,

(ii) Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone,

(iii) Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone, or

(iv) Lower Nepean River Management Zone, provided that the dealing would not cause the sum of the share components of all access licences with extraction components that specify the Hawkesbury River (Grose River to South Creek) Management Zone, Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone and Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone to exceed the sum of the share components of all access licences in those management zones at the date of commencement of this Plan,

(y) an access licence with an extraction component that specifies a management zone in the Hawkesbury and Lower Nepean Rivers Water Source being varied to specify the Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone, except where the extraction component of the access licence is being varied from one of the following management zones:

(i) Upper Hawkesbury River (Grose River to South Creek) Management Zone,

(ii) Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone,

(iii) Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone, or

(iv) Lower Nepean River Management Zone, provided that the dealing would not cause the sum of the share components of all access licences with extraction components that specify the Hawkesbury River (Grose River to South Creek) Management Zone, Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone and Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone to exceed the sum of the share components of all access licences in those management zones at the date of commencement of this Plan,

(z) an access licence with an extraction component that specifies a management zone in the Hawkesbury and Lower Nepean Rivers Water Source being varied to specify the Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone, except where the extraction component of the access licence is being varied from one of the following management zones:

(i) Upper Hawkesbury River (Grose River to South Creek) Management Zone,

(ii) Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone,

(iii) Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone, or

(iv) Lower Nepean River Management Zone, provided that the dealing would not cause the sum of the share components of all access licences with extraction components that specify the Hawkesbury River (Grose River to South Creek) Management Zone, Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone and Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone to exceed the sum of the share components of all access licences in those management zones at the date of commencement of this Plan,

(aa) an access licence with an extraction component that specifies a management zone in the Southern Sydney Rivers Water Source being varied to specify another management zone in the Southern Sydney Water Source that is one of the following:

(i) Upper Woronora River Management Zone,

(ii) Lower Woronora River Management Zone,

(iii) Cabramatta Creek Management Zone,

(iv) Cooks River and Botany Bay Management Zone, or

(v) Southern Sydney Coastal Management Zone,

(bb) an access licence with an extraction component that specifies a management zone in the Southern Sydney Rivers Water Source being varied to specify another management zone in the Southern Sydney Rivers Water Source that is one of the following management zones, if it would cause the sum of the share components of all access licences with extraction components that specify that management zone to exceed the sum of the share components of all access licences with an extraction component that specified that management zone at the date of commencement of this Plan:

(i) Hacking River Management Zone,

(ii) Prospect Creek Management Zone, or

(iii) Georges River Catchment Management Zone,

(cc) an access licence with an extraction component that specifies a management zone in the Northern Sydney Rivers Water Source being varied to specify another management zone in the Northern Sydney Rivers Water Source that is one of the following management zones, if it would cause the sum of the share components of all access licences with extraction components that specify that management zone to exceed the sum of the share components of all access licences with an extraction component that specified that management zone at the date of commencement of this Plan:

(i) Upper Parramatta River Management Zone,

(ii) Lower Parramatta River Management Zone, or

(iii) Northern Sydney Coastal Management Zone,

(dd) an access licence with an extraction component that specifies a management zone in the Northern Sydney Rivers Water Source being varied to specify another management zone in the Northern Sydney Rivers Water Source that is one of the following:

(i) Lane Cove River Management Zone, or

(ii) Middle Harbour Management Zone,

(ee) an access licence with an extraction component that does not specify the Kangaroo River Management Zone in the Shoalhaven River Water Source being varied to specify an access licence with an extraction component that specifies the Kangaroo River Management Zone in the Shoalhaven River Water Source.