New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE MACQUARIE AND CUDGEGONG REGULATED RIVERS WATER SOURCE 2003 - REG 32

32 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 30 (1).

(2) Pursuant to subclause (1), the maximum volume that may be made available to a supplementary water access licence, and if necessary to a regulated river (general security) access licence during any water year shall be reduced, if:

(a) it has been assessed that the current long-term average annual water extraction from this water source exceeds the long-term extraction limit specified in clause 30 (1) by the lesser of 3%, or half the difference between the volume specified in clause 30 (1) (a) and the volume specified in clause 30 (1) (b), or

(b) if it has been assessed that the current long-term average annual extraction from this water source exceeds the volume specified in clause 30 (1) (b), or

(c) if assessments in accordance with clause 31 for 3 consecutive water years indicate that the long-term average annual extraction from this water source exceeds the long-term extraction limit.

(3) The degree of reduction under subclause (2) shall be that assessed necessary to return 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 31.

(5) Any advice provided by a Compliance Assessment Advisory Committee if established under clause 33 should be considered in relation to assessments under subclause (4).

(6) Any reduction in access under clause 32 shall not be applied to the environmental water allowance for the Macquarie River, established in clause 15.

(7) The first reduction method used under subclause (2) shall be to reduce the maximum available water determination for supplementary water access licences made under clause 39 (2).

(8) Once no extractions by supplementary water access licenses are allowed as a result of subclause (7), then the limit to the sum of available water determinations made to regulated river (general security) access licences specified in clause 38 (4), is to be reduced.

(9) If the maximum total allocation provided by available water determinations in any water year has been reduced as a result of subclause (2) and a subsequent assessment under clause 31 indicates that current long term average annual extraction is below the long term extraction limit by more than 3%, then previous reductions under subclause (2) may be reversed to the degree that it is assessed necessary to return water use to the levels defined by the long term extraction limit.

(10) Any reversal of previous reductions under subclause (9) shall:

(a) first be applied to regulated river (general security) access licences, if action under subclause (8) has occurred, and

(b) not exceed the previous reductions made under subclause (2).

(11) The assessment of the degree to which any previous reductions may be reversed under subclause (9) shall be made using the same computer model used to carry out assessments of usage compared to the long term extraction limit under clause 31.

(12) Any advice provided by a Compliance Assessment Advisory Committee if established under clause 33 should be considered in relation to assessments under subclause (9).