New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE GWYDIR REGULATED RIVER WATER SOURCE 2002 - REG 32

32 Compliance with the long-term extraction limit

(1) The long-term average annual extraction from this water source may not be permitted to exceed the long-term extraction limit specified in clause 30.

(2) Pursuant to subclause (1):

(a) if it has been assessed that the current long-term average annual extraction from this water source, exceeds:

(i) the volume specified in clause 30 (1) (a) by 3% or more,

(ii) the volume specified in clause 30 (1) (a) by more than half the difference between the volume specified in clause 30 (1) (a) and the volume specified in clause 30 (1) (b), or

(iii) the volume specified in clause 30 (1) (b), or

(b) if the assessments for 3 consecutive water years indicate that the current long-term average annual extraction from this water source exceeds the long term extraction limit,

(c) then the maximum available water determination made for supplementary water access licences under clause 39 shall be reduced, and

(d) once the maximum available water determination for supplementary water access licences has reduced to zero, the maximum volumes that may be taken or assigned from a regulated river (general security) access licences under clause 33 shall be reduced.

(3) The degree of reduction under subclause (2) shall be that assessed necessary to return long-term average annual extractions to the long-term extraction limit.

(4) Reductions in the amounts specified in clauses 33 (a) and 33 (b), pursuant to subclause (3), are to be of the same proportion.

Note: Subclause (4) means that if the amount specified in clause 33 (a) is reduced from say 1.25 to 1 (ie by one fifth), then the amount specified in clause 33 (b) is to be reduced from 3 to 2.4 (ie one fifth).

(5) If action has been taken under subclause (2), and a subsequent assessment under clause 31 indicates that the current long-term average annual extractions is below the long-term extraction limit by more than 3%, then previous reductions under subclause (2) may be reversed to the degree that it is assessed necessary to return the long-term average annual extractions to the long term extraction limit.

(6) Any reversal of previous reductions under subclause (5):

(a) shall not exceed previous reductions made under subclause (2), and

(b) shall first reverse any previous reductions relating to regulated river (general security) access licences.

(7) The assessment of the degree of any reduction required under subclause (2) or degree of any reversal under subclause (5), shall be made using the same computer model used to carry out assessments under clause 31.

(8) Any advice provided by a Compliance Assessment Advisory Committee if established under subclause (9) should be considered in relation to assessments under subclauses (2) and (5).

(9) Within 6 months of the commencement of the Plan, the Minister should establish a Compliance Assessment Advisory Committee under section 388 of the Act for the purpose of providing advice regarding assessments under clauses 31 and 32.

(10) In providing its advice the Compliance Assessment Advisory Committee should consider possible improvements to:

(a) the process for assessing current long-term average annual extractions,

(b) the computer model referred to in clause 31,

(c) the data used in the computer model referred to in clause 31,

(d) the assessment of the effect of any actions taken in accordance with subclauses 32 (2) and 32 (5), and

(e) remedy any compliance issues encountered through the implementation of the Plan.

(11) Membership of the Compliance Assessment Advisory Committee should be for a period of 5 years and should consist of the following:

(a) a person representing the Department,

(b) a person representing the State Water,

(c) a person representing NSW Agriculture,

(d) no more than 3 persons representing the irrigation industry,

(e) a person representing local government,

(f) a person representing the Department of Environment and Conservation,

(g) a person representing nature conservation interests, and

(h) other members as required by the Minister.

(12) The Compliance Assessment Advisory Committee is to meet at least annually.