New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE MANDAGERY CREEK WATER SOURCE 2003 - REG 51

51 Administrative arrangements for managing access to daily flows

(1) Notwithstanding the forgoing provisions of this Division, this Plan allows group management of access licences with respect to the IDELs.

(2) The Minister may determine that, from the commencement of this Plan and until otherwise determined:

(a) all access licences within a management zone with IDELs shall be made part of a group maintained by the Minister, and

(b) access licences in that management zone with IDELs will be assessed as a whole against their combined IDELs.

(3) At any time when subclause (2) does not apply:

(a) access licence holders within a management zone may make a request to form a group for their access licences,

(b) access licence holders within a management zone may have their access licence removed from a group, in which case they shall be permitted to extract under that licence a maximum of the IDEL on the subject access licence, and

(c) where an access licence is removed or added to a group, the group combined IDEL shall be adjusted by the amount of IDEL on the subject access licence.

(4) Groups will be managed according to the following rules:

(a) daily extraction by a group cannot exceed the combined IDEL of all access licences in the group,

(b) where it been assessed that a holder of a licence within a group is repeatedly causing the combined IDEL to be exceeded then the Minister may remove that access licence from the group,

(c) where daily extraction by a group exceeds the combined IDELs of all access licences in the group, then the Minister may dissolve the group and require each access licence holder to comply with the IDEL on the subject access licence,

(d) should a holder of an access licence which is part of a group commit the IDELs of that access licence to the environment consistent with section 8 (1) (c) of the Act, then those IDELs shall be removed from the group, and

(e) the Minister may refuse to allow an access licence to be included in a group, and may refuse a request to form a group.

Note: The Minister may allow an access licence that is linked to a water supply works approval that nominates more than one management zone to be placed in more than one approved group. The IDEL of access licences in this category may only be accessed in any one management zone on any given day.