New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE KULNURA MANGROVE MOUNTAIN GROUNDWATER SOURCES 2003 - REG 26

26 Rules for granting access licences

(1) This Part is made in accordance with sections 20 (2) (b) and 63 of the Act, having regard to the limits to water availability in these groundwater sources and the need to protect groundwater dependent ecosystems and groundwater quality.

(2) Access licences may be granted in these groundwater sources subject to any embargo on the making of applications for access licences made under Chapter 3 Part 2 Division 7 of the Act.

(3) The Minister should declare an embargo on the making of applications for access licences in any of these groundwater sources, once the total access licence share components in the groundwater source equals the extraction limit established in clause 27.

(4) The embargo referred to in subclause (3) should apply to applications for all access licences, other than access licences of the following kinds:

(a) local water utility access licences,

Note: Pursuant to sections 66 (3) and 66 (4) of the Act, the Minister may vary a local water utility’s licence at 5 yearly intervals, or on application of the local water utility where there is a rapid growth in population.

(b) specific purpose access licences for which applications are provided for under the regulations in accordance with section 61 (1) (a) of the Act, or

(c) aquifer (Aboriginal cultural) access licences up to 10 ML/yr per application.

(5) A new local water utility access licence should not be granted pursuant to subclause (4) (a), or the share component of an existing access licence increased under section 66 (3) and 66 (4) of the Act, unless the water utility demonstrates that demand management measures are in place.

(6) In applying for a new access licence, the applicant must establish the purpose and circumstance relating to that access licence, and that the share and extraction component sought will be the minimum required to meet that purpose and circumstance.

(7) Access licences granted under this Part cannot be used to extract water through a water supply work (bore) located in areas where the extraction authorised by the licence, plus the full extraction authorised by existing access licences through water supply works (bores) located in the area and the exercise of basic landholder rights, are likely to cause an adverse local impact, as outlined in Part 10 Division 3 of this Plan.

(8) If an access licence share component applied for is significant, as determined by the Minister on the basis of particular aquifer characteristics, the application will not be granted until a water supply work (bore) approval has been granted and the work constructed.

(9) Once the water supply work (bore) is constructed and the results of a pumping test or its equivalent are supplied by the applicant, in the required form and to the specification of the Minister, the access licence may be granted.

(10) The share component of the access licence granted under subclause (9) will be the proportion of the share component sought that the water supply work (bore) is capable of extracting without adverse local impact as outlined in Part 10 Division 3 of this Plan.

(11) Subclauses (6), (8), (9) and (10) do not apply to a new access licence arising from:

(a) section 61 (1) (c), of the Act, where the right has been acquired by auction, tender or other open market process, or

(b) an access licence dealing.