New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE NSW BORDER RIVERS REGULATED RIVER WATER SOURCE 2009 - REG 55

55 Mandatory conditions on access licences

(1) This Part is made in accordance with sections 17 (c) and 20 (2) (e) of the Act.

Note: The Minister may impose discretionary conditions at any time on an access licence in accordance with section 66 (1) (b) of the Act.

(2) All access licences in this water source shall have mandatory conditions to give effect to the provisions of this Plan in relation to the following:

(a) water cannot be taken in excess of the volume of water allocated to, or assigned to, or re-credited to, the respective water allocation account,

(b) the requirement that extraction under the access licence shall be subject to the water allocation account management rules established in Part 9 of this Plan,

(c) the requirement that water may only be taken under the licence by a water supply work listed on the approval nominated on the access licence, and

(d) any other conditions required to implement the provisions of this Plan.

(3) All domestic and stock access licences, local water utility access licences, regulated river (high security) access licences, regulated river (general security-A class) access licences and regulated river (general security-B class) access licences shall have mandatory conditions that only allow the taking of water if it has been ordered in accordance with procedures established by the Minister.

(4) All regulated river (general security-A class) access licences shall have mandatory conditions to give effect to the provisions in clause 31 of this Plan.

(5) All regulated river (general security-B class) access licences shall have mandatory conditions to give effect to the provisions in clause 31 of this Plan.

(6) All supplementary water access licences shall have mandatory conditions that only allow the taking of water in accordance with announcements, as specified in clauses 45 and 46, and after satisfying any procedures established by the Minister.

(7) All domestic and stock access licences shall have mandatory conditions that only allow the taking of water for the purpose of domestic consumption or stock watering as defined in section 52 of the Act.

(8) All domestic and stock (domestic only) access licences shall have mandatory conditions that only allow the taking of water for the purpose of domestic consumption as defined in section 52 of the Act.

(9) All domestic and stock (stock only) access licences shall have mandatory conditions that only allow the taking of water for the purpose of stock watering as defined in section 52 of the Act.

(10) All local water utility access licences shall have mandatory conditions that only allow the taking of water for the exercise of a water supply function of the local water utility or for other such purpose provided for under the Act.

(11) All categories of access licence with a subcategory (Aboriginal Cultural) shall have mandatory conditions that only allow the taking of water by Aboriginal persons or Aboriginal communities for personal, domestic and communal purposes including the purposes of drinking, food preparation, washing, manufacturing traditional artefacts, watering domestic gardens, cultural teaching, hunting, fishing, and gathering, and for recreational, cultural and ceremonial purposes.

(12) All access licences that nominate a water supply work/s in Queensland shall have a mandatory condition that requires water extraction, property water management infrastructure and cropping details to be provided on request in the form and in accordance with any procedures established by the Minister.

(13) The Minister may amend this Plan to vary the mandatory conditions that must be imposed on access licences, or to require additional mandatory conditions to be imposed.