New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE MURRUMBIDGEE REGULATED RIVER WATER SOURCE 2003 - REG 73

73 Review of access rules for supplementary water access licence holders and Lowbidgee Flood Control and Irrigation District

(1) The Minister, under section 45 (1) (b) of the Act and by notice published in the Gazette, may vary:

(a) the rules for permitting access to flows by supplementary water access licences specified in clause 51, following a review of the environmental impact associated with the extraction of water by supplementary water access licences, and

(b) the rules for permitting access to flows by the Lowbidgee Flood Control and Irrigation District specified in clause 69, following gazettal of a water management plan including the Lowbidgee Flood Control and Irrigation District and associated areas.

(2) The review under subclause (1) (a) shall:

(a) consider the inclusion of additional environmental considerations in clause 51 before access to flows by supplementary water access licences is permitted, and

(b) be undertaken in conjunction with the development of a water management plan including the Lowbidgee Flood Control and Irrigation District and associated areas.

(3) A water management plan, which includes the Lowbidgee Flood Control and Irrigation District and other related areas, as required under subclause (1) (b) shall:

(a) be undertaken as soon as practicable, but in order to allow gazettal of that plan within 3 years of commencement of this Plan,

(b) amongst other things, analyse the environmental water needs for different parts of the floodplain, the sufficiency of water provided for the environment on the floodplain through this Plan, and the separation of environmental and consumptive components within the floodplain, and

(c) be undertaken in conjunction with the review required under subclause (1) (a).

(4) As a result of the review under subclause (1) (a), the Minister may vary the provisions of clause 51 such that average annual long-term extractions by supplementary water access licence holders are not impacted.

(5) As a result of the water management plan under subclause (1) (b), the Minister may vary the provisions of clause 69 such that the average annual long-term controlled diversion volume monitored through the regulators at Maude and Redbank to the Lowbidgee Flood Control and Irrigation District does not exceed that which would have occurred under 1993/94 levels of irrigation development and management rules.

(6) Before making an Order under subclause (1), the Minister should obtain the concurrence of the Minister for the Environment to the making of the Order.

(7) The new provisions will come into effect for the water year immediately succeeding the Order under subclause (1).