New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE MURRUMBIDGEE REGULATED RIVER WATER SOURCE 2003 - REG 46

46 Volume taken under access licences

Note: Section 341 of the Act makes it unlawful to take a volume of water under an access licence that exceeds the volume of water allocation which at the time of water extraction is credited to the access licence.

(1) The water allocation taken under a domestic and stock access licence, local water utility access licence, regulated river (high security) access licence, regulated river (general security) access licence, Murrumbidgee Irrigation (conveyance) access licence and Coleambally Irrigation (conveyance) access licence will be assessed as:

(a) the volume of water extracted by the approved works nominated by the access licence, or

(b) the greater of:

(i) the volume of water extracted by the approved works nominated by the access licence, or

(ii) the volume of water ordered for extraction by the approved works nominated by the access licence,

where the Minister has applied such a discretionary condition to the access licence.

(2) The Minister should only apply a discretionary condition in relation to subclause (1) (b) where this has been provided for in an approved compliance management strategy.

Note: It is intended that the discretionary condition referred to above should only be applied where water orders have been exceeding the volume of water being taken under an access licence and this cannot be explained by rainfall or other unavoidable factors.

(3) The water allocation taken from the water allocation accounts of supplementary water access licences will be the volume of water extracted in accordance with announcements and access licence conditions by the approved works nominated by the access licences.