New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE LACHLAN REGULATED RIVER WATER SOURCE 2003 - REG 52

52 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) Access licences in other water sources outside of this water source may be issued following cancellation of access licences in this water source, only if:

(a) the access licence dealing rules in the receiving water source permit such a dealing,

(b) a conversion factor, established by the Minister and published in an Order made under section 71Z of the Act that protects environmental water, domestic and stock rights, native title rights and the reliability of supply to all other access licences in this water source, has been applied, and

(c) the water source in which the access licence is issued is one of the following:

(i) a water source within the Lachlan Unregulated Extraction Management Unit, (as defined in the Water Sharing Plan for the Mandagery Creek Water Source 2003 ) , and not on a river that is primarily fed by effluent flows from the Lachlan River, or

Note: The prohibition on the issue of licences within effluent rivers is included to stop licence trading leading to an increase in extractions from rivers feeding environmentally sensitive wetland areas.

(ii) a regulated river in the Belubula River catchment.

(3) Access licences in this water source may be issued following cancellation of access licences in other water sources, only if:

(a) the access licence dealing rules in the other water source permit such a dealing,

(b) a conversion factor, established by the Minister and published in an Order made under section 71Z of the Act that protects environmental water, domestic and stock rights, native title rights and the reliability of supply to all other access licences in this water source, has been applied, and

(c) the other water source is one of the following:

(i) a water source within the Lachlan Unregulated Extraction Management Unit, (as defined in the Water Sharing Plan for the Mandagery Creek Water Source 2003 ), or

(ii) a regulated river in the Belubula River catchment.

Note: The access licence dealing principles gazetted on 27 December 2002 prohibit a change of water source dealing where the movement is from an unregulated water source to a regulated water source. This means that transfers from unregulated rivers to this water source cannot occur until the prohibition in the dealing principles is lifted.