New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE LOWER LACHLAN GROUNDWATER SOURCE 2003 - REG 21

21 Basic landholder rights

(1) This Part is made in accordance with sections 5 (3) and 20 (1) (b) of the Act.

(2) If a landholder is unable to exercise their basic landholder rights due to interference of their supply by extraction authorised by access licences:

(a) the Minister may amend a water supply works approval to allow the landholder’s affected bore to be replaced or deepened to ensure continuing access to water for basic landholder rights, or

(b) the Minister may amend another water supply works approval so that basic landholder rights water may be supplied by an alternative water supply work during critical times.

Note: The Minister may, by order made under section 323 of the Act, impose temporary restrictions on basic landholder rights when it is necessary to do so in the public interest, such as to cope with a period of sever water shortage or threat to public health or safety.

(3) In accordance with the legislative requirements, the Minister may impose a charge on access licence holders in this groundwater source under section 114 of the Act, as a contribution to the costs of activities or works associated with subclause (2).

(4) Basic landholders rights exercised under section 52 of the Act must be exercised in accordance with any guidelines established by the Minister with respect to the reasonable use of water for domestic consumption and stock watering by landholders authorised to use water for either or both of those purposes.

Note: The Minister may enforce any reasonable use guidelines by serving orders on individual landholders under section 325 of the Act. The Minister may also order individual landholders accessing basic landholder rights to take specified measures to protect the environment, to preserve basic landholder rights or to overcome a threat to public health under section 328 of the Act.