New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE NSW BORDER RIVERS REGULATED RIVER WATER SOURCE 2009 - REG 26

26 Rules for granting access licences

(1) This Part is made in accordance with section 20 (2) (b) of the Act, having regard to the limits to water availability in this water source and the need to protect dependent ecosystems.

(2) Applications for access licences may be made and access licences granted if they are for:

(a) a specific purpose access licence for which an application may be made under the Water Management (General) Regulation 2004 (hereafter "the Regulations") in accordance with section 61 (1) (a) of the Act,

At the commencement of this Plan, clause 19 of the Regulation provides for the following specific purpose access licences to be applied for:

(i) a local water utility access licence (subcategory “domestic and commercial”), for the purpose of domestic consumption and commercial activities,

(ii) a domestic and stock access licence (subcategory “domestic”), for the purpose of domestic consumption,

(iii) an unregulated river access licence (subcategory “town water supply”), for the purpose of supply to communities for domestic consumption and commercial activities,

(iv) an aquifer access licence (subcategory “town water supply”), for the purpose of supply to communities for domestic consumption and commercial activities, and

(v) any category of specific purpose access licence (subcategory “Aboriginal cultural”), for Aboriginal cultural purposes.

Note: Pursuant to sections 66 (3) and 66 (4) of the Act, the Minister may also vary a local water utility’s share component at 5 year intervals, or on application of the local water utility where there is rapid growth in population.

(b) an access licence with a zero share component in accordance with sections 61 (1) (b) and 63 (5) of the Act,

(c) an access licence that may be granted in accordance with a dealing that is permitted by Part 12 of this Plan.

(3) An application for a specific purpose access licence will only be granted if the share or extraction component of the access licence is the minimum required to meet the circumstances in which the access licence is proposed to be used.

(4) The Minister may amend clause 26 to permit the application and granting of licences for the purpose of floodplain harvesting.