New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE NSW BORDER RIVERS REGULATED RIVER WATER SOURCE 2009 - REG 49

49 Rules for change of water source

(1) This clause relates to dealings under section 71R of the Act.

Note: Section 71R dealings are the mechanism by which access licences can move from one water source to another. Once the change in water source has been effected, if permitted, the new licence will have to nominate specified works (by dealing under section 71W of the Act) in the receiving water source before extraction can commence.

(2) An access licences in another water source may be issued, following the cancellation of an access licence in this water source, only if:

(a) the access licence dealing rules in the receiving water source permit such a dealing,

(b) a conversion factor established by the Minister and published in an Order made under section 71Z of the Act that protects environmental water, domestic and stock rights, native title rights and the reliability of supply to all other access licences in this water source has been applied, and

(c) the other water source is within the Border Rivers Water Management Area.

(3) An access licence in this water source may be issued, following the cancellation of an access licence in another water source, only if:

(a) the access licence dealing rules in the other water source permit such a dealing,

(b) a conversion factor established by the Minister and published in an Order made under section 71Z of the Act that protects environmental water, domestic and stock rights, native title rights and the reliability of supply to all other access licences in this water source has been applied, and

(c) the other water source is within the Border Rivers Water Management Area.

Note: The access licence dealing principles gazetted on 1 July 2004 prohibit a change of water source dealing, where the movement is from an unregulated river water source to a regulated river water source.