New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE MANDAGERY CREEK WATER SOURCE 2003 - REG 50

50 Adjustment to TDELs and IDELs

(1) Where IDELs are assigned under clause 49 the unassigned TDEL in the specified management zone is reduced accordingly, and the TDEL assigned to the appropriate licence category in the specified management zone in clause 46 is increased accordingly.

(2) Pursuant to section 45 (1) (b) of the Act, if total extraction of water under domestic and stock or native title rights exceeds the level specified in Part 5 of this Plan:

(a) first the unassigned TDEL specified in clause 47 for that zone and in each flow class, then, if necessary, the TDEL for unregulated river access licences in clause 46 shall be diminished to allow these additional basic landholder rights to be met, and

(b) the IDELs of each unregulated river access licence in that management zone will then be reduced to comply with this diminished TDEL.

(3) Pursuant to section 45 (1) (b) of the Act, if any unassigned TDEL cannot meet either:

(a) the IDEL requirements of applicants for new access licences for local water utility access, domestic and stock access, and unregulated river (Aboriginal cultural) access in that management zone, or

(b) a local water utility’s IDEL requirements in that management zone resulting from a variation by the Minister under sections 66 (3) or 66 (4) of the Act,

then the TDEL for unregulated river access licences in that management zone in clause 46 will be diminished to such an extent as to allow those requirements to be met.

(4) Following a variation under subclause (3):

(a) the IDELs of each unregulated river access licence in that management zone will then be reduced to comply with this diminished TDEL, and

(b) this adjustment will be done at intervals of no greater than 5 years.

(5) Where, in accordance with clauses 54 and 55, an access licence holder in a management zone applies to amend an access licence to surrender A class IDELs in exchange for C class IDELs:

(a) the unassigned TDEL in C class in that management zone nominated in clause 47 shall be reduced by the amount of C class IDEL issued,

(b) the A class TDEL in the management zone nominated in clause 45 shall be reduced by the amount of A class IDEL surrendered, and

(c) the A class TDEL for unregulated river access licences in clause 46 shall be reduced accordingly.

(6) If water that, pursuant to an access licence:

(a) is committed as adaptive environmental water, then the TDEL for all classes specified on the committed access licence in the specified category in that management zone will be reduced by the IDEL on the access licence so committed and clause 45 adjusted accordingly, or

(b) is uncommitted to adaptive environmental water, then the TDEL for all classes specified on the committed access licence in the specified category in that management zone will be increased by the IDEL on the access licence so uncommitted and clause 45 adjusted accordingly.