New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE MACQUARIE AND CUDGEGONG REGULATED RIVERS WATER SOURCE 2003 - REG 38

38 Available water determinations for regulated river (general security) access licences

(1) An available water determination shall not be made for regulated river (general security) access licences in any water year until the sum of available water determinations for regulated river (high security) access licences for the water year is equivalent to 1 megalitre per unit share.

(2) An available water determination for regulated river (general security) access licences shall be made for the commencement of each water year if water can be provided to them.

(3) If the available water determination resulting from subclause (2) is less than the amount specified in subclause (4) assessments of available water shall be made at least monthly and further available water determinations made, if additional water can be provided.

(4) The sum of available water determinations made for regulated river (general security) access licences in any water year shall not exceed 1 megalitre per unit share, or such lower amount as results from clause 32, except where the available water determination is made under sub-clause (6).

(5) Subclause (4) shall not apply in water years when all water held in carryover sub-accounts of Macquarie regulated river (general security) access licences has been withdrawn under clause 45 (3).

(6) When all water held in available water determination sub-accounts of regulated river (high security) and regulated river (general security) access licences has been withdrawn under clause 45 (3), an available water determination of 1 megalitre per unit share or such lower amount as results from clause 32, shall be made for all regulated river (general security) access licences.

(7) Following an available water determination of 1 megalitre per unit share under subclause (6), whenever the water level in Burrendong Dam water storage re-enters the FMZ in that water year, an available water determination of 1 megalitre per unit share, or such lower amount as results from clause 32 (2), shall be made for all regulated river (general security) access licences.

Note: The result of subclauses (6) and (7) and the carryover and account rules in clause 45 is that all regulated river (general security) access licence available water determination sub-accounts (established under clause 41) will be re-credited to a volume equivalent to 1 megalitre per unit share when all water held in Macquarie regulated river (general security) access licence carryover sub-accounts has been eliminated. Once this has occurred all available water determination sub-accounts will continue to be re-credited to 1 megalitre per unit share whenever the water level in Burrendong Dam water storage re-enters the FMZ in that water year.

(8) Available water determinations made for regulated river (general security) access licences shall take into account any relevant operational requirements identified in Part 12 of this Plan and:

(a) the environmental water provisions established by this Plan,

(b) requirements for domestic and stock rights,

(c) requirements for native title rights,

(d) requirements for domestic and stock access licences,

(e) requirements for local water utility access licences,

(f) requirements for regulated river (high security) access licences,

(g) allocations remaining in water accounts from previous available water determinations,

(h) water losses associated with the holding and delivery of water to meet the requirements specified in subclauses (a) to (g),

(i) an appropriate volume to meet water losses associated with the holding and delivery of water resulting from the available water determination, and

(j) any other relevant matters.