(1) This Plan establishes a long term extraction limit for this water source
(hereafter the
"long term extraction limit" ) which is the lesser of:
(a) the long term
average annual extraction from this water source that would occur with the
water storages, water use development that existed in 2001/2002, the share
components existing at the commencement of this Plan and application of the
rules defined in this Plan, or
(b) the long-term average annual extraction
from this water source that would occur under Cap baseline conditions as
agreed under the Murray Darling Basin Agreement.
Note : The Cap baseline
conditions in this water source are the level of development at 1993-94 with
an allowance for an enlarged Pindari Dam. This is deemed to be equivalent to
the water use development that existed in November 1999.
Note : An assessment
of the long term average annual extraction that would occur under the
conditions specified in subclause (1) for NSW and Queensland has been made
using the Border Rivers IQQM computer model with system file BR0609U4, S7
IQQMV6.73.4 (CSIQQM) which indicates a long term average annual extraction
volume of 399,400 megalitres to be shared between NSW and Queensland.
Note :
The long term extraction limit recognises the effect of climate variability on
the availability of water, in accordance with section 20 (2) (c) of the Act,
as historic climate and river flow information is used in its determination.
Note : If a NSW water access licence is used in Queensland, by nominating
works in Queensland, the use is still 'tagged' to NSW when assessing
compliance with the Cap/Plan Limit.
(2) The long term extraction limit
referred to in subclause (1) shall be adjusted for any access licence dealing
under section 71R of the Act.
(3) For the purposes of establishing the
long term extraction limit in subclause (1) and auditing compliance with it
under clauses 29 and 30:
(a) the following shall be included:
(i) all water
extractions by all categories of access licences in this water source, in
accordance with the rules used for accounting of Cap diversions in Schedule E
of the Murray Darling Basin Agreement,
(ii) domestic and stock and native
title extractions,
(iii) volumes of water delivered as adaptive environmental
water,
(iv) floodplain harvesting extractions estimated to be taken for use
in conjunction with extractions authorised from this water source, and
(v)
water allocations assigned from access licence water allocation accounts in
this water source to access licence water allocation accounts in another water
source,
(b) the assessed volume of extractions shall be reduced by the volume
of water allocations being assigned from the water allocation accounts of
access licences in any other water source to the water allocation accounts of
access licences in this water source, and
(c) the following shall not be
included:
(i) replenishment flows made in accordance with this Plan, or
(ii)
diversion of water pursuant to the planned environmental water rules in Part 3
of this Plan.
(4) The Minister may amend clause 28 so as to establish a
separate long term extraction limit for floodplain harvesting extractions and
account the water taken from the floodplain against the separate
long term extraction limit, so long as the total of the two
long term extraction limits does not exceed extractions permitted under
Schedule E of the Murray Darling Basin Agreement.
