New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE LOWER MACQUARIE GROUNDWATER SOURCES 2003 - REG 25C

25C Share components of aquifer access licences

(1) For Water Act 1912 entitlements in Zone 5 and Zone 6 that are to become aquifer access licences 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 5 applying to the licences listed in Column 2 of Schedule 5 that are to become aquifer access licences in these groundwater sources at the commencement of this Plan, the share component is to be equal to the share component in Column 3 of Schedule 5.

(3) For those Water Act 1912 entitlements in Zone 1, Zone 2, Zone 3, and Zone 4 that are to become aquifer access licences at the commencement of this Plan, the share component will be established in accordance with the following formula individually for each of these Zones:

(4) For the purposes of subclause (3) and clause 25D HOE, if the maximum water extraction in any one year during the period from 2000/01 to 2002/03 was less than or equal to 150% of the maximum water extracted in either 1998/99 or 1999/00, or was less than or equal to 50 ML, then the HOE will be the average metered extraction from 1998/99 to 2002/03 excluding zero and low extraction years since activation.

(5) For the purposes of subclause (3) and clause 25D HOE, if the maximum water extraction in any one year during the period from 2000/01 to 2002/03 was greater than 150% of the maximum water extracted in either 1998/99 or 1999/00, and was more than 50 ML, then the HOE will be calculated from the following formula:

Note: The rules for determining HOE are contained in Appendix 4.

(6) For the purposes of subclauses (4) and (5) zero and low extraction years are years where extraction was less than 20% of the maximum volume of water extracted in any one year up to and including the 2001/02 water year.

(7) For the purposes of subclauses (4) and (5) activation is defined as the first year up to and including the 2001/02 water year in which a licence holder extracted 20% or more of the maximum volume of water extracted in any one year between 1995/96 and 2001/02.

(8) It is estimated that at the time of commencement of this Plan, the share components of aquifer access licences authorised to extract water from theses groundwater sources will total 65,524 ML/yr, distributed as follows:

(a) 19,675 ML/yr in Zone 1,

(b) 22,610 ML/yr in Zone 2,

(c) 8,260 ML/yr in Zone 3,

(d) 5,100 ML/yr in Zone 4,

(e) 2,398 ML/yr in Zone 5, and

(f) 7,481 ML/yr in Zone 6.