New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE LACHLAN REGULATED RIVER WATER SOURCE 2003 - REG 57

57 Mandatory conditions on access licences

(1) This Part is made in accordance with section 17 (c) and 20 (2) (e) of the Act.

Note: The Minister may impose discretionary conditions at any time on an access licence in accordance with section 66 (1) (b) of the Act.

(2) All access licences in this water source shall have mandatory conditions to give effect to the following:

(a) the specification of the share component of the access licence,

(b) the specification of the extraction component of the access licence including whether extraction is permitted upstream or downstream of Lake Cargelligo Weir,

(c) the requirement that extraction under the access licence shall be subject to the available water determinations,

(d) the requirement that extraction under the access licence shall be subject to the water allocation account management rules established in Part 9 of this Plan,

(e) the requirement that water may only be taken by water supply works nominated on the access licence, and

(f) any other conditions required to implement the provisions of this Plan.

(3) All regulated river (general security) access licences, shall have mandatory conditions that require that the taking of water in accordance with the access licence may only occur if the resulting debit shall not exceed the volume of water allocation remaining in the access licence’s A sub-account.

(4) All access licences, other than regulated river (general security) access licences, shall have mandatory conditions that require that the taking of water in accordance with the access licence may only occur if the resulting debit to the access licence account shall not exceed the volume of water allocation remaining in the access licence account.

(5) All accesses licences shall have a mandatory condition that facilitates the provisions of clause 49 of this Plan.

(6) All domestic and stock access licences, local water utility access licences regulated river (high security) access licences and regulated river (general security) shall have mandatory conditions that only allow the taking of water if it has been ordered in accordance with procedures established by the Minister.

(7) All domestic and stock access licences shall have mandatory conditions that only allow the taking of water for the purpose of domestic consumption or stock watering as defined in section 52 of the Act.

(8) All local water utility access licences shall have mandatory conditions that only allow the taking of water for the exercise of a water supply function of the local water utility or for other such purpose provided for under the Act.

(9) All regulated river (general security) access licences shall have mandatory conditions to reflect and facilitate application of the provisions of clause 35 of this Plan.

(10) All regulated river (high security) (Aboriginal cultural) access licences shall have mandatory water that only allow the taking of water by Aboriginal persons or communities for personal, domestic and communal purposes including the purposes of drinking, food preparation, washing, manufacturing traditional artefacts, watering domestic gardens, cultural teaching, hunting, fishing, and gathering, and for recreational, cultural and ceremonial purposes.