WATER SHARING PLAN FOR THE NSW BORDER RIVERS REGULATED RIVER WATER SOURCE 2009 - REG 50
Rules for conversion of access licence category
WATER SHARING PLAN FOR THE NSW BORDER RIVERS REGULATED RIVER WATER SOURCE 2009 - REG 50
Rules for conversion of access licence category
50 Rules for conversion of access licence category
(1) This clause relates to dealings under section 71O of the Act.
(2) The
conversion of an access licence of one category to an access licence of
another category is prohibited, except as provided for under this clause.
(3)
On application of the access licence holder, the Minister may cancel a
regulated river (general security--A class) access licence or a regulated
river (general security--B class) access licence, and issue a regulated river
(high security) access licence, subject to:
(a) the application of 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, and
(b) the number of megalitres of
water in the regulated river (general security--A class) access licence water
allocation account or the regulated river (general security--B class) access
licence water allocation account being equal to or greater than the number of
unit shares in its share component.
Note : The volume of water in the
regulated river (general security--A class) or (general security--B class)
access licence water allocation account which is in excess of the number of
unit shares in the share component of the new regulated river (high security)
access licence will not be credited to the new regulated river (high security)
access licence account.
(4) On the application of the access licence holder,
the Minister may cancel a regulated river (high security) access licence, and
issue a regulated river (general security--B class) access licence, subject
to:
(a) the application of a conversion factor equal to one divided by the
conversion factor established in subclause (3), and
(b) the total number of
unit shares in the regulated river (general security--B class) access licence
share components not increasing above the total number of unit shares in
regulated river (general security--B class) access licence share components at
the time of commencement of Part 2 of Chapter 3 of the Act.
Note : This would
allow conversion of a regulated river (high security) access licence to a
regulated river (general security--B class) access licence only if there had
been a corresponding or larger amount of regulated river (general security--B
class) access licence share component converted to regulated river (high
security) access licence.
(5) Conversion of a regulated river (general
security--B class) access licence to a regulated river (general security--A
class) access licence is prohibited.
(6) On the application of the access
licence holder, the Minister may cancel a regulated river (general security--A
class) access licence and issue a regulated river (general security--B class)
access licence, subject to:
(a) the application of 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, and
(b) the total number of unit shares in the
regulated river (general security--B class) access licence share components
not increasing above the total number of unit shares in regulated river
(general security--B class) access licence share components at the time of
commencement of Part 2 of Chapter 3 of the Act.
Note : This would allow
conversion of a regulated river (general security--A class) access licence to
a regulated river (general security--B class) access licence only if there had
been a corresponding or larger amount of regulated river (general security--B
class) access licence share component converted to regulated river (high
security) access licence.
(7) On application of the access licence holder,
the Minister may cancel a domestic and stock access licence and issue a
domestic and stock (domestic only) access licence and a domestic and stock
(stock only) access licence, subject to:
(a) the sum of the share component
volumes of the two new access licences being equal to the share component
volume of the cancelled access licence, and
(b) the share component volume of
the new domestic and stock (domestic only) access licence being able to meet
the needs of domestic consumption as defined in section 52 of the Act.
(8) On
application of the access licence holder, the Minister may cancel a domestic
and stock (stock only) access licence and issue a regulated river (high
security) access licence, provided that the number of unit shares in the
regulated river (high security) access licence share component is equal to the
number of megalitres per year in the share component of the cancelled domestic
and stock (stock only) access licence.
