New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE HUNTER REGULATED RIVER WATER SOURCE 2003 - REG 59

59 Mandatory conditions on access licences

(1) This Part is made in accordance with sections 17 (c) and 20 (2) (e) of the Act.

Note: The Minister may impose discretionary conditions at any time on an access licence in accordance with section 66 (1) (b) of the Act.

(2) All access licences in this water source shall have mandatory conditions to give effect to the following:

(a) the specification of the share component of the access licence,

(b) the specification of the extraction component of the access licence,

(c) the requirement that extraction under the access licence will be subject to the available water determinations,

(d) the requirement that extraction under the access licence will be subject to the water allocation account management rules established in Part 9 of this Plan,

(e) the requirement that the taking of water in accordance with the access licence may only occur if the resulting debit to the access licence account will not exceed the volume of water allocation remaining in the access licence water allocation account,

(f) the requirement that water may only be taken by water supply works nominated on the access licence, and

(g) any other conditions required to implement the provisions of this Plan.

(3) All access licences, except supplementary water access licences, shall have a mandatory condition that facilitates the provisions of clause 49 of this Plan.

(4) All domestic and stock access licences, local water utility access licences and major utility access licences shall have mandatory conditions that only allow the taking of water if it has been ordered in accordance with any procedures established by the Minister.

(5) All regulated river (general security) access licences and regulated river (high security) access licences shall have mandatory conditions that only allow the taking of water if it has been ordered in accordance with any procedures established by the Minister, except as provided by a relevant available water determination and relevant announcements.

(6) All supplementary access water licences shall have mandatory conditions that only allow the taking of water in accordance with announcements made under clause 51 and after satisfying any procedures established by the Minister.

(7) All domestic and stock access licences, other than domestic and stock (domestic only) access licences, shall have mandatory conditions that only allow the taking of water for the purpose of domestic consumption or stock watering as defined in section 52 of the Act.

(8) All domestic and stock (domestic only) access licences shall have mandatory conditions that only allow the taking of water for the purpose of domestic consumption as defined in section 52 of the Act.

(9) All local water utility access licences shall have mandatory conditions that only allow the taking of water for the exercise of a water supply function of the local water utility or for other such purpose provided for under the Act.

(10) The major utility access licence shall also have a mandatory condition that requires the development and application of a water efficiency management plan.

(11) All regulated river (high security) (Aboriginal cultural) access licences shall have mandatory water that only allow the taking of water by Aboriginal persons or communities for personal, domestic and communal purposes including the purposes of drinking, food preparation, washing, manufacturing traditional artefacts, watering domestic gardens, cultural teaching, hunting, fishing, and gathering, and for recreational, cultural and ceremonial purposes.

(12) All regulated river (high security-research) access licences shall have mandatory conditions that only allow the taking of water if:

(a) it is for the conduct of scientific research purposes by an organisation approved by the Minister as an accredited research body, and

(b) any resulting crops or produce are not to be sold for profit.