New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE JILLIBY JILLIBY CREEK WATER SOURCE 2003 - REG 37

37 Available water determinations

(1) This Division is made in accordance with section 20 (2) (b) of the Act.

(2) All available water determinations in these water sources shall be expressed as either:

(a) a percentage of the share component for all access licences where share components are specified as ML/year, or

(b) megalitres per unit share for all access licences where share components are specified as a number of unit shares.

(3) An available water determination for each category of access licence in these water sources should be made at the commencement of each water year.

(4) The available water determination made at the commencement of each water year for domestic and stock access licences in these water sources shall provide an allocation of 100% of share components, except where the available water determination is made under subclause (5).

(5) The available water determination made at the commencement of the first year of this Plan, for domestic and stock access licences in these water sources should be 200% of those licences share components.

(6) The available water determination made at the commencement of each water year for local water utility access licences in these water sources should be 100% of those licences share components.

(7) If major utility access licences are established in these water sources the available water determination made at the commencement of each water year for major utility access licences should be 100% of those licences share components.

(8) The available water determination made at the commencement of each water year for unregulated river access licences in these water sources should be equal to 1 megalitre multiplied by the number of unit shares in the share component, or such lower amount as results from clause 36A (3) except where the available water determination is made under subclause (9).

(9) The available water determination made at the commencement of the first year of this Plan, for unregulated river access licences in these water sources, should be equal to 2 megalitres multiplied by the number of unit shares in the share component.

Note: The effect of this clause and clause 37 (4) is that available water determinations for unregulated river access licences can never be greater than 1 ML per unit share, except for the available water determination made for the first year of the Plan.