New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE HUNTER REGULATED RIVER WATER SOURCE 2003 - REG 53

53 Rules relating to constraints within this water source

(1) This clause relates to dealings under sections 71O, 71Q and 71W of the Act and to dealings in respect of water allocation assignments within this water source under section 71T of the Act.

(2) Any dealing that would result in the total volume resulting from the sum of X, Y and Z exceeding 81,000 shall be prohibited, where:
"X" = the total number of Ml/year or unit shares in the share components of domestic and stock access licences, local water utility access licences, major utility access licences and regulated river (high security) access licences nominating water supply works in Management Zone 1,
"Y" = the total number of Ml/year or unit shares in the share components of regulated river (general security) access licences nominating water supply works in Management Zone 1 multiplied by the conversion factor applying to conversions from a regulated river (general security) access licence to a regulated river (high security) access licence under clause 55, and
"Z" = the current estimated number of Ml/year for the basic landholder rights requirements in zone 1.

Note: Assessments indicate that the conversion factor applied to conversion of a regulated river (general security) access licence share component to a regulated river (high security) access licence share component should be 1/3 rd-see Note after clause 55 (6) (a).

(3) The Minister may increase the 81,000 limit set in subclause (2) under section 45 (1) (b) of the Act as set out in Part 14 of this Plan.

(4) Assignment of water allocations from a major utility access licence water allocation account shall be prohibited.

(5) Assignment of water allocations from a water allocation account of an access licence nominating water supply works in management zone 2 or management zone 3 to a water allocation account of an access licence nominating water supply works in Management Zone 1 shall be prohibited if, in the opinion of the Minister:

(a) this would place the supply of water allocations already in the water allocation accounts of access licences nominating water supply works in Management Zone 1 at any risk, or

(b) it would place the future reliability of supply to access licences nominating water supply works in Management Zone 1 at a significant risk.

(6) Assignment of water allocations from a water allocation account of an access licence nominating water supply works in Management Zone 1 or Management Zone 2 to a water allocation account of an access licence nominating water supply works in Management Zone 3 shall be prohibited if, in the opinion of the Minister:

(a) this would place the supply of water allocations already in the water allocation accounts of access licences nominating water supply works in Management Zone 3 at any risk, or

(b) it would place the future reliability of supply to access licences nominating water supply works in Management Zone 3 at a significant risk.

(7) Assignment of water allocations from a supplementary water access licence water allocation account to an access licence of any other access licence category shall be prohibited.

(8) Assignment of water allocations to a supplementary water access licence water allocation account from an access licence of any other access licence category shall be prohibited.