New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE LACHLAN REGULATED RIVER WATER SOURCE 2003 - REG 45

45 Volume taken under access licences

Note: Section 341 of the Act makes it unlawful to take a volume of water under an access licence that exceeds the volume of water allocation which is credited to the access licence at the time of water extraction.

(1) The water allocation taken under domestic and stock access licences, local water utility access licences, regulated river (high security) access licences, regulated river (general security) access licences and regulated river (conveyance) access licences shall be assessed as:

(a) the volume of water taken by the approved water supply works nominated by the access licence, or

(b) the greater of

(i) the volume of water extracted by the approved water supply works nominated by the access licence, or

(ii) the volume of water ordered for extraction by the approved water supply works nominated by the access licence,

where the Minister has applied such a discretionary condition to the access licence.

(2) The Minister should only apply a discretionary condition in relation to subclause (1) (b) where this has been provided for in a compliance management strategy approved by the Minister.

Note: It is intended that the discretionary condition referred to above should only be applied where water orders have been exceeding the volume of water being taken under a licence and this cannot be explained by rainfall or other unavoidable factors.

(3) The water allocations taken under a regulated river (general security) access licences are to be debited to the A sub-account of the access licence.