New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE KARUAH RIVER WATER SOURCE 2003 - REG 55

55 Rules relating to constraints within this water source

(1) This clause applies to any relevant dealings under sections 71Q, 71S and 71W of the Act, and with respect to water allocation assignments within this water source under section 71T of the Act.

(2) Dealings are prohibited under this clause if:

(a) any of the access licences or water allocations involved are not within this water source,

Note: Clause 57 relates to any dealings that involve an access licence moving from one water source to another.

(b) the dealing relates to new licence categories specified in clause 32 (3),

(c) prior to the assignment of IDELs in all flow classes the dealing results in the total share components of all access licences that have nominated water supply works in the receiving management zone exceeding 10% of the total share components existing at the time of the commencement of Part 2 of Chapter 3 of the Act in this water source, unless the dealing is:

(i) from management zone 1 to management zones 2, 3 or 5,

(ii) from management zone 2 to management zones 3 or 5,

(iii) from management zone 3 to management zone 5,

(iv) from management zone 4 to management zones, 3 or 5,

(d) after the assignment of IDELs in all flow classes the dealing results in the total IDELs of all access licences that have nominated water supply works in the receiving management zone exceeding 10% of the total IDELs existing at the time of the assignment unless the dealing is:

(i) from management zone 1 to management zones 2, 3 or 5,

(ii) from management zone 2 to management zone 3 or 5,

(iii) from management zone 3 to management zone 5, or

(iv) from management zone 4 to management zone 3 or 5.

Note: The management zones are shown in Schedule 2. These provisions facilitate the trading of IDELs in a downstream direction, and limit the potential change to daily river flow that could occur from dealings in an upstream direction.

(3) Dealings that assign water allocations between access licences inside this water source are permitted.

(4) Dealings under this clause may be subject to a conversion factor established by the Minister, and published in an Order made under section 71Z of the Act, that protects environmental water, basic landholder rights, and the reliability of supply to all other access licences subject to this Plan.