New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE HUNTER REGULATED RIVER WATER SOURCE 2003 - REG 39

39 Available water determinations for regulated river (high security) access licences and for regulated river (general security) access licences

(1) The sum of available water determinations to regulated river (high security) access licences in any water year shall not exceed 1 megalitre per unit share.

(2) The sum of allocations to regulated river (general security) access licences in any water year shall not exceed 1 megalitre per unit share, or such lower amount as results from the operation of clause 34.

(3) Available water determinations for regulated river (high security) access licences and regulated river (general security) access licences shall be made at the commencement of each water year.

(4) If the available water determinations made under subclause (3) are less than the maximum amount referred to in subclause (1) or subclause (2), then further assessments of available water shall be carried out during the water year and available water determinations made until the sums of available water determinations for the water year are equal to the maximum amounts referred to in subclause (1) or subclause (2).

(5) No available water determination is to be made for regulated river (general security) access licences in any water year, until:

(a) the sum of available water determinations for regulated river (high security) access licences in the water year reaches 0.75 megalitres per unit share, and

(b) there is sufficient water to guarantee an available water determination for regulated river (high security) access licences in the following water year of at least 0.75 megalitres per unit share.

(6) If an assessment of available water indicates that there is more than sufficient water to satisfy subclause (5), then available water determinations shall be made such that for each 0.01 megalitres per unit share by which the sum of available determinations for regulated river (high security) access licences exceeds 0.75 megalitres per unit share there is an 0.02 megalitres per unit share increase in the sum of available determinations for regulated river (general security) access licences, until the sum of available water determinations for regulated river (high security) access licences is 1 megalitre per unit share.

(7) Once the sum of available water determinations for regulated river (high security) access licences is 1 megalitre per unit share, then any additional available water shall be made available to regulated river (general security) access licences, subject to the limit at subclause (2).

(8) Available water determinations made for regulated river (high security) access licences and regulated river (general security) licences must take into account:

(a) the environmental water provisions established by this Plan,

(b) requirements for domestic and stock rights,

(c) requirements for native title rights,

(d) requirements for domestic and stock access licences,

(e) requirements for major utility access licences,

(f) requirements for local water utility access licences,

(g) allocations remaining in access licence water allocation accounts from previous available water determinations,

(h) water losses associated with holding and delivery of water to meet the requirements specified in subclauses (a) to (g),

(i) an appropriate volume to meet water losses associated with the holding and delivery of water resulting from the available water determination,

(j) water held in the Barnard Reserve account under clause 47, and

(k) any other relevant matters.

(9) Whenever the sum of available water determinations for regulated river (high security) access licences in a water year is less than 1 megalitre per unit share, available water determinations shall also indicate that:

(a) water may be extracted without debit to regulated river (high security) access licence accounts from uncontrolled flows as specified in clause 50 of this Plan, providing that:

(b) that the volume extracted under subclause (a) is to be in accordance with announcements by the Minister, and

(c) that the sum of extractions taken under subclause (a) in a water year and the water allocations accrued from available water determinations in that water year, is limited to 1 megalitre per unit share of the regulated river (high security) access licence.

(10) Whenever the sum of available water determinations for regulated river (general security) access licences in a water year is less than 1 megalitre per unit share of share components, available water determinations shall also indicate that:

(a) water may be extracted without debit to regulated river (general security) access licence accounts from uncontrolled flows, as specified in clause 50 of this Plan, providing that,

(b) the volume extracted under subclause (a) is to be in accordance with announcements by the Minister, and

(c) the sum of extractions taken under subclause (a) in a water year and the water allocations accrued from available water determinations in that water year, is limited to 1 megalitre per unit share of the regulated river (general security) access licence.

(11) Announcements made in relation to subclauses (9) (a) and 10 (a) shall be such that:

(a) the total volume extracted under subclauses (9) and (10) at any point in a water year, during periods when supplementary water access licences are also permitted to take water, is no more than 11% of the annual high flow tally calculated in accordance with clause 40,

(b) the extractions that are permitted during periods of access to uncontrolled flows do not result in flows being reduced below those necessary to satisfy all environmental water provisions and the volume required to supply basic landholder rights and higher priority licences, and

(c) the total volume of water each licence is permitted to extract under subclauses (9) and (10) is proportional to the share component volume of the licence.