New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE LOWER GWYDIR GROUNDWATER SOURCE 2003 - REG 25C

25C Share components of aquifer access licences

(1) For those Water Act 1912 entitlements equal to or less than 50 ML that are to become aquifer access licences in this groundwater source at the commencement of this Plan, the share component is to be equal to the Water Act 1912 entitlement.

(2) For each entitlement referred to in Column 1 of Schedule 6 applying to the licences listed in Column 2 of Schedule 6 that are to become aquifer access licences in this groundwater source at the commencement of this Plan, the share component is to be equal to the share component in Column 3 of Schedule 6.

(3) For those Water Act 1912 entitlements not listed in Column 1 of Schedule 6 and greater than 50 ML that are to become aquifer access licences in this groundwater source at the commencement of this Plan, the share component will be established in accordance with the following formula:

(4) For the purposes of subclause (3) and clause 25D HOE is equal to the greater of:

(a) the average extraction over the five water years from 1993/94 to 1997/98 not exceeding the Water Act 1912 entitlement prior to the commencement of this Plan excluding zero and low extraction years prior to activation, or

(b) the average extraction over the five water years from 1997/98 to 2001/02 not exceeding the Water Act 1912 entitlement prior to the commencement of this Plan and excluding zero and low extraction years prior to activation, or

(c) the average extraction over the six water years from 1997/98 to 2002/03 not exceeding the Water Act 1912 entitlement prior to the commencement of this Plan and excluding zero and low extraction years prior to activation.

Note: The rules for determining HoE are contained in Appendix 6.

(5) For the purposes of subclause (4) zero and low extraction years are years where extraction was less than 20% of the maximum volume of water extracted in any one year between 1993/94 and 2002/03.

(6) For the purposes of subclause (5) activation is defined as the first year in which a licence holder extracted 20% or more of the maximum volume of water extracted in any one year between 1993/94 and 2002/03.

(7) It is estimated that at the time of commencement of this Plan the share components of access licences established under this clause will total 28,719 megalitres.