New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE NEW SOUTH WALES MURRAY AND LOWER DARLING REGULATED RIVERS WATER SOURCES 2003 - REG 38

38 Available water determinations for regulated river (conveyance) access licences

(1) An available water determination is not to be made for regulated river (conveyance) access licences in the Murray Water Source in any water year until the sum of available water determinations for regulated river (high security) licences in the water source, for the water year, is at least 0.97 megalitres per unit share.

(2) Available water determinations for regulated river (conveyance) access licences in the Murray Water Source shall be made for the commencement of each water if water can be provided to them.

(3) Available water determinations for regulated river (conveyance) access licences and regulated river (general security) access licences in the Murray Water Source shall be made so that the sum of available water determinations for regulated river (conveyance) access during the water year is:

(a) 0.5 megalitres per unit share, when the sum of available water determinations for regulated river (high security) licences for the water year is 0.97 megalitres per unit share and the sum of available water determinations for regulated river (general security) access licences for the water year is 0 megalitres per unit share, or

(b) 0.5 megalitres per unit share plus 0.003883 megalitres per unit share for each 0.01 megalitre per unit share by which the sum of available water determinations for regulated river (general security) licences for the water year exceeds 0 megalitres per unit share, when the sum of available water determinations for regulated river (general security) licences for the water year is equal to or greater than 0 megalitres per unit share but less than 0.60 megalitres per unit share, or

(c) 0.733 megalitres per unit share plus 0.006675 megalitres per unit share for each 0.01 megalitres per unit share by which the sum of available water determinations for regulated river (general security) licences for the water year exceeds 0.6 megalitres per unit share when the sum of available water determinations for regulated river (general security) licences for the water year is equal to or greater than 0.6 megalitres per unit share but less than 1 megalitre per unit share, or

(d) 1 megalitre per unit share when the sum of available water determinations for regulated river (general security) licences for the water year is equivalent to or greater than 1 megalitre per unit share.

(4) Subclauses (3) (a) and (3) (b) may be varied under section 45 (1) (b) of the Act as set out in Part 14.

(5) Available water determinations made for regulated river (conveyance) access licences must take into account:

(a) the environmental water provisions for the water source established by this Plan,

(b) requirements for domestic and stock rights in the water source,

(c) requirements for native title rights in the water source,

(d) requirements for domestic and stock access licences in the water source,

(e) requirements for local water utility access licences in the water source,

(f) requirements of regulated river (high security) access licences in the water source,

(g) volumes remaining in water accounts from previous available water determinations in the water source,

(h) where applicable, water losses associated with holding and delivery of water to meet the requirements specified in subclauses (a) to (g),

(i) where applicable, an appropriate volume to meet water losses associated with the holding and delivery of water resulting from an available water determination, and

(j) any other relevant matters.