New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE LACHLAN REGULATED RIVER WATER SOURCE 2003 - REG 29

29 Rules for granting access licences

(1) This Part is made in accordance with section 20 (2) (b) and 63 of the Act.

(2) Access licences may be granted in this water source, subject to any embargo on the making of applications for access licences made under Chapter 3 Part 2 Division 7 of the Act.

(3) The Minister should declare an embargo on the making of applications for access licences in this water source, other than for access licences of the following kinds:

(a) local water utility access licences,

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 a rapid growth in population.

(b) domestic and stock access licences,

(c) regulated river (high security) (Aboriginal cultural) access licences of up to 10 megalitres per year per application, or

(d) specific purpose access licences for which applications are provided for under the regulations in accordance with section 61 (1) (a).

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

(5) Subclause (4) does not apply to an application for a new access licence arising from:

(a) section 61 (1) (c) of the Act, where the right has been acquired by auction, tender or other open market process, or

(b) an access licence dealing.