New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE MURRUMBIDGEE REGULATED RIVER WATER SOURCE 2003 - REG 34

34 Compliance with the long-term extraction limit

(1) The level of long-term average annual extractions from this water source may not be permitted to exceed the long-term extraction limit specified in clause 32 (1).

(2) Pursuant to subclause (1), if the volume specified in clause 32 (1) (a) is less than the volume specified in clause 32 (1) (b), the maximum available water determination in any water year for supplementary water access licences and, if necessary, the maximum sum of available water determinations for regulated river (general security) access licences shall, be reduced if it has been assessed that the current long-term average annual water extractions from this water source exceed the long-term extraction limit specified in clause 32 (1) by 3%, or half the difference between the volume specified in clause 32 (1) (a) and the volume specified in clause 32 (1) (b).

(3) Pursuant to subclause (1), if the volume specified in clause 32 (1) (a) is not less than the volume specified in clause 32 (b), the maximum available water determination in any water year for supplementary water access licences and, if necessary, the maximum sum of available water determinations for regulated river (general security) access licences, shall be reduced if it has been assessed that the current long-term average annual water extraction from this water source exceeds the volume specified in clause 32 (b).

(4) Pursuant to subclause (1), the maximum available water determination in any water year for supplementary water access licences and, if necessary, the maximum sum of available water determinations for regulated river (general security) access licences, shall be reduced if assessments in accordance with clause 33 for 3 consecutive water years indicate that the long-term average annual water extractions from this water source exceed the long-term extraction limit.

(5) The degree of reduction under subclauses (2), (3) or (4) shall be to the degree that is assessed necessary to return water use to the levels defined by the long-term extraction limit.

(6) The first reduction method used under subclause (2), (3) or (4) shall be to reduce the maximum available water determination that may be made for supplementary water access licences for any water year.

(7) Once no extractions by supplementary water access licences are allowed as a result of subclause (6) then the maximum sum of available water determinations in any water year that may be made for regulated river (general security) access licences, is to be reduced.

(8) If action has been taken under subclause (2), (3) or (4) and a subsequent assessment under clause 33 indicates that the current level of long-term average annual extraction is below the long-term extraction limit by more than 3%, then previous reductions under subclause (2), (3) or (4) may be reversed to the degree that it is assessed necessary to return long-term average annual water extractions to the long-term extraction limit.

(9) Any reversal of previous reductions under subclause (8) shall:

(a) be applied to higher priority categories of licence as set out in section 58 of the Act, first, and

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

(10) The assessment of the degree of reduction required under subclause (2), (3) or (4) or degree of reversal under subclause (8) shall be made using the same computer model used to carry out assessments under clause 33.