New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE NEW SOUTH WALES MURRAY AND LOWER DARLING REGULATED RIVERS WATER SOURCES 2003 - REG 33

33 Compliance with the long-term extraction limit

(1) The long-term average annual extraction from each of these water sources may not exceed the long-term extraction limit for the respective water source, specified in clause 31.

(2) Pursuant to subclause (1):

(a) if it has been assessed that the current long-term average annual extraction from the Murray Water Source, exceeds:

(i) the volume specified in clause 31 (1) (a) (i) by 3% or more, or

(ii) the volume specified in clause 31 (1) (a) (i) by more than half the difference between the volume specified in clause 31 (1) (a) (i) and the volume specified in clause 31 (1) (a) (ii), or

(iii) the volume specified in clause 30 (1) (a) (ii), then

(iv) the maximum available water determination made for supplementary water access licences in the relevant water source, under clause 40, shall be reduced, and

(v) once the maximum available water determination for supplementary water access licences in the water source has reduced to zero, the maximum available water determination for regulated river (general security) access licences in the relevant water source, under clause 39, shall be reduced.

(b) if it has been assessed that the current long-term average annual extraction from the Lower Darling Water Source, exceeds:

(i) the volume specified in clause 31 (1) (b) (i) by 3% or more, or

(ii) the volume specified in clause 31 (1) (b) (i) by more than half the difference between the volume specified in clause 31 (1) (b) (i) and the volume specified in clause 31 (1) (b) (ii), or

(iii) the volume specified in clause 30 (1) (b) (ii), then

(iv) the maximum available water determination made for supplementary water access licences in the relevant water source, under clause 40, shall be reduced, and

(v) once the maximum available water determination for supplementary water access licences in the water source has reduced to zero, the maximum available water determination for regulated river (general security) access licences in the relevant water source, under clause 39, shall be reduced.

(3) The degree of reduction required under subclause (2) shall be that assessed necessary to return the long-term average annual extraction from the water source to the long-term extraction limit for the water source.

(4) If action has been taken under subclause (2) in either of these water sources, and a subsequent assessment under clause 32 indicates that the current long-term average annual extraction from the water source is below the long-term extraction limit for that water source by more than 3%, then previous reductions to maximum available water determinations in that water source made under subclause (2) may be reversed to the degree that it is assessed necessary to return long-term average annual water extractions to the long-term extraction limit for the water source.

(5) Any reversal of previous reductions under subclause (4) shall:

(a) not exceed previous reductions made under subclause (2), and

(b) shall first reverse previous reductions made under subclause (2) relating to regulated river (general security) access licence available water determinations.

(6) The assessment of the degree of reduction required under subclause (2) or degree of reversal under subclause (5) shall be made using the same computer model used to carry out assessments under clause 32.