New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE LOWER MACQUARIE GROUNDWATER SOURCES 2003 - REG 26

26 Rules for granting access licences

(1) This Part is made in accordance with sections 20 (2) (b), 61 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) Applications for access licences may be made and access licences granted in these groundwater sources if they are for:

(a) a specific purpose access licence for which application is provided for under clause 19 of the Water Management (General) Regulation 2004 (hereafter "the Regulation") in accordance with section 61 (1) (a) of the Act,

At the commencement of this Plan, clause 19 of the Regulation provides for the following specific purpose access licences to be applied for:

(a) a local water utility access licence (subcategory “domestic and commercial”), for the purpose of domestic consumption and commercial activities,

(b) a domestic and stock access licence (subcategory “domestic”), for the purpose of domestic consumption,

(c) an aquifer access licence (subcategory “town water supply”), for the purpose of supply to communities for domestic consumption and commercial activities, and

(d) any category of specific purpose access licence (subcategory “Aboriginal cultural”), for Aboriginal cultural purposes.

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

(b) an access licence with a zero share component in accordance with sections 61 (1) (b) and 63 (5) of the Act,

(c) an access licence that may be granted in accordance with a dealing that is permitted by Part 11 of this Plan.

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

(4) 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 access licence plus the full extraction authorised by existing access licences nominating 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.

(5) An access licences may be granted in these groundwater sources where:

(a) a Water Act 1912 licence was not converted at the commencement of this plan, or

(b) a licence is found to be taking water from a water source in this plan but has been incorrectly identified as taking of water from another groundwater source and the licence is cancelled in the other water source.

(6) Aquifer access licences granted under subclause (5) shall be subject to the rules specified in clauses 25C and 25D.