New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE MANDAGERY CREEK WATER SOURCE 2003 - REG 49

49 Granting of unassigned TDEL

(1) The unassigned TDEL in clause 47 may be assigned to access licences in the following circumstances:

(a) where they are applied for as part of a new access licence application,

(b) where in accordance with clauses 54 and 55, an access licence holder applies to amend an access licence to surrender an A class IDEL in exchange for a C class IDEL,

(c) to a local water utility access licence where the Minister varies the licence in accordance with sections 66 (3) or 66 (4) of the Act, or

(d) to existing access licences for the purpose of pumping into a farm dam if:

(i) the purpose of the additional IDEL is sought is established by the proponent,

(ii) the IDEL sought is the minimum required to satisfy that purpose, and

(iii) the extraction is consistent with the objectives and principles of this Plan.

(2) Where additional IDELs are assigned to an access licence in accordance with subclause (1) (a), the amount of IDEL so assigned shall be determined by the Minister consistent with the ratios of share component to IDEL for the specific category of access licence initially assigned under clause 48 and as amended by clause 50.