New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE NEW SOUTH WALES MURRAY AND LOWER DARLING REGULATED RIVERS WATER SOURCES 2003 - REG 31

31 Volume of the long-term extraction limit

(1) This Plan establishes a long-term extraction limit for each of these water sources which:

(a) for the Murray Water Source is the lesser of:

(i) the long-term average annual extraction from the water source that would occur with the water storages, share components and water use development that existed in the water source in 2000/2001, and the water management rules defined in this Plan, minus 17,800 ML per year, and

(ii) the long-term average annual extraction from the water source that would occur under the development and management conditions used to define Cap in Schedule F of the Murray Darling Basin Agreement, minus 17,800 ML per year,

Note: The 17,800 ML subtracted in subclause (ii) is the estimated long-term extraction associated with the 100 GL of supplementary water share component purchased under the Living Murray Program and retired from the bulk access regime. However, the purchased supplementary water access licence share component will continue to attract water allocations in accordance with the available water determinations made to all supplementary water access licences. The taking of water allocations under this licence will not be accounted for against the long-term extraction limit.

(b) for the Lower Darling Water Source is the lesser of:

(i) the long-term average annual extraction from the water source that would occur with the water storages, share components and water use development that existed in the water source in 2000/2001, and the share components of the access licences issued as part of the arrangements that replaced the replenishment flow provisions in clause 60 of this Plan, and the water management rules defined in this Plan, and

(ii) the long-term average annual extraction from the water source that would occur under the development and management conditions used to define Cap in Schedule F of the Murray Darling Basin Agreement.

(2) The values referred to in subclauses (1) (a) and (1) (b) shall be adjusted for any access licence dealing under section 71R or 71U of the Act.

(3) If an access licence is cancelled as part of an arrangement to provide additional water to the Snowy River under the Snowy Water Inquiry Outcomes Implementation Deed the values referred to in subclauses (1) (a) and (1) (b) shall be reduced by a volume which appropriately reflects the licence share of water made available in this water source.

(4) For the purposes of establishing the long-term extraction limit for each of these water sources and auditing compliance with it, the following shall be included:

(a) all water extractions by all categories of access licences in accordance with the rules used for accounting of Cap diversions for Schedule F of the Murray Darling Basin Agreement,

(b) domestic and stock rights and native title rights extractions,

(c) volumes of water delivered as adaptive environmental water,

(d) floodplain harvesting diversions determined to be taken for use in conjunction with extractions authorised from the water source, and

(e) water allocations assigned from access licence water allocation accounts in the water source to access licence water allocation accounts in another water source.

(5) For the purposes of establishing the long-term extraction limit for each of these water sources and auditing compliance with it, the following shall not be included:

(a) replenishment flows made in accordance with this Plan, or

(b) diversion of water pursuant to the planned environmental water rules in Part 3 of this Plan.

(6) For the purpose of establishing the long-term extraction limit for each of these water sources and auditing compliance with it, 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 the water source.