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WATER SHARING PLAN FOR THE NSW BORDER RIVERS REGULATED RIVER WATER SOURCE 2009 - REG 30 Compliance with the long term extraction limit

WATER SHARING PLAN FOR THE NSW BORDER RIVERS REGULATED RIVER WATER SOURCE 2009 - REG 30

Compliance with the long term extraction limit

30 Compliance with the long term extraction limit

(1) The long term average annual extraction from this water source may not be permitted to exceed the long term extraction limit specified in clause 28.
(2) Pursuant to subclause (1):
(a) if it has been assessed that the current long term average annual extraction from this water source exceeds the long term extraction limit by 3% or more, then the maximum available water determination made for supplementary water access licences in this water source under clause 38 shall be reduced, and
(b) if necessary, the maximum volume that may be taken or assigned from a regulated river (general security--A class) and a regulated river (general security--B class) access licence under clause 31 shall be reduced.
(3) The degree of reduction under subclause (2) shall be that which is assessed as necessary to return long term average annual extractions to the long term extraction limit.
(4) If action has been taken under subclause (2), and a subsequent assessment under clause 29 indicates that the current long term average annual extraction is below the long term extraction limit by more than 3%, then previous reductions made under subclause (2) may be reversed to the degree that it is as assessed necessary to return the long term average annual extractions to the long term extraction limit.
(5) Any reversal of a previous reduction under subclause (4):
(a) shall not exceed any previous reductions made under subclause (2), and
(b) shall first reverse any previous reductions relating to regulated river (general security--A class) and regulated river (general security--B class) access licences.
(6) The assessment of the degree of any reduction required under subclause (2) or the degree of any reversal under subclause (4) shall be made using the same computer model used to carry out assessments under clause 29.
(7) Following an amendment made under clause 28 (4) the Minister may amend clause 30 to include rules for managing floodplain harvesting extractions within the relevant long term extraction limit.