New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE LOWER MURRUMBIDGEE GROUNDWATER SOURCES 2003 - REG 45

45 Rules for change of water source

(1) This clause relates to dealings under section 71R of the Act.

Note: Section 71R dealings are the mechanism by which access licences can move from one water source to another. Once the change in water source has been effected, if permitted, the new licence will have to nominate specified works (by a dealing under section 71W of the Act) in the receiving water source before extraction can commence.

(2) Dealings under this section 71R of the Act that change the water source to which an access licence applies are prohibited in these groundwater sources, except as provided for in this clause.

(3) An access licence with a share component specifying one of these groundwater sources may be cancelled and a new licence issued specifying another of these groundwater sources only if the total share components of all access licences in the groundwater source in which the access licence is to be issued remains below:

(a) for the Shallow Groundwater Source: the recharge established in clause 16 (1) (a) minus the proportion of recharge reserved for the environment in clause (18) (1) (b),

(b) for the Deep Groundwater Source: the recharge established in clause 16 (1) (b) minus the proportion of recharge reserved for the environment in clause (18) (1) (c), minus total volume of share components for domestic and stock access licences established in clause 25A (b), minus the volume or share components for local water utilities as established clause 25B (b).

(4) The volume of the share component on a licence issued under a dealing provided for in subclause (3) is to be the volume of the cancelled access licence share component.