New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE LACHLAN REGULATED RIVER WATER SOURCE 2003 - REG 33

33 Maintaining compliance with the long-term extraction limit

(1) The long-term average annual extraction from this water source shall not be permitted to exceed the long-term extraction limit specified in clause 31.

(2) Pursuant to subclause (1), the maximum volume that may be taken under a regulated river (general security) access licences during any water year shall be reduced, by reducing the value of X referred to in clause 35, if:

(a) it has been assessed that the current long-term average annual water extraction from the water source exceeds the long-term extraction limit specified in clause 31 (1) by:

(i) 3% of the long-term extraction limit specified in clause 31 (1), or

(ii) half the difference between the volume specified in clause 31 (1) (a) and the volume specified in clause 31 (1) (b), or

(b) it has been assessed that the current long-term average annual water extraction from the water source exceeds the volume specified in clause 31 (1) (b), or

(c) assessments in accordance with clause 32 for 3 consecutive water years indicate that the current long-term average annual water extraction from the water source exceed the long-term extraction limit.

(3) The degree of reduction under subclause (2) shall be the degree that is assessed necessary to return the long-term average annual extraction from this water source to the long-term extraction limit.

(4) The assessment of the degree of reduction required under subclause (2) shall be made using the same computer model used to carry out assessments of extractions compared to the long-term extraction limit under clause 32.

(5) Any advice provided by a Compliance Assessment Advisory Committee, if one has been established under clause 34, should be considered in relation to assessments under subclause (4).

(6) If an assessment under clause 32 indicates that current long-term average annual extraction is below the long-term extraction limit by more than 3%, then the maximum annual volume that may be taken under a regulated river (general security) access licences during any water year, may be increased to the degree that it is assessed necessary to return long-term average annual extraction to the long-term extraction limit by increasing the value of X referred to in clause 35.

(7) The assessment of the degree of increase under subclause (6) shall be made using the same computer model used to carry out assessments of usage compared to the long-term extraction limit under clause 32.

(8) Any advice provided by a Compliance Assessment Advisory Committee, if one has been established under clause 34, should be considered in relation to assessments under subclause (7).