New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE NEW SOUTH WALES MURRAY AND LOWER DARLING REGULATED RIVERS WATER SOURCES 2003 - REG 49

49 Extraction under supplementary water access licences

(1) The taking of water under supplementary water access licences in these water sources shall only be permitted in accordance with announcements made by the Minister for each water source.

(2) The maximum volume that may be taken under supplementary water access licences during each period of time to which an announcement applies may be expressed as a number of megalitres per unit share specified in the share component of each supplementary water access licence.

(3) Taking of water under supplementary water access licences in each of these water sources shall be managed, as far as possible, to evenly share access opportunity amongst all supplementary water access licences.

(4) Taking of water under supplementary water access licences in these water sources shall only be permitted once flows are in excess of those required:

(a) under the environmental water provisions for the water source specified in Part 3 of this Plan,

(b) to supply stock and domestic and native title rights requirements in the water source,

(c) to supply higher priority access licence requirements in the water source, and

(d) to provide replenishment flows requirements in the Lower Darling Water Source.

(5) Taking of water under supplementary water access licences in the Murray Water Source shall only be permitted:

(a) from flows that cannot be stored in Lake Victoria water storage,

(b) from flows that, in the opinion of the Minister, will not contribute to supply requirements to South Australia in accordance with the Murray Darling Basin Agreement,

(c) from flows that, in the opinion of the Minister, will not contribute to reducing the surface water salinity measurement in the Murray River at Morgan when it is in excess of 800 Electrical Conductivity units,

(d) if, in the opinion of the Minister, the water that will be taken would not assist in the reduction of existing medium or high blue-green algae alerts,

(e) if, in the opinion of the Minister, the taking of water will not prevent the commencement of a waterbird breeding event or will not threaten the success of an existing waterbird breeding event, and

(f) between 1 April and 30 October each year, if, in the opinion of the Minister, the taking of water will not prevent significant flow variations in those sections of the water source where flow heights are unaffected by weirs, or reduce beneficial flooding of the Barmah-Millewa forests or other Murray River Water Source riverine ecosystems.

(6) Taking of water under supplementary water access licences in the Lower Darling Water Source shall also only be permitted:

(a) if the Menindee Lakes water storages are full or flows upstream of the Water Source are sufficient to fill them,

(b) if the water that will be taken cannot be stored in Lake Victoria,

(c) from flows that in the opinion of the Minister, will not contribute to supply requirements to South Australia in accordance with the Murray Darling Basin Agreement,

(d) if, in the opinion of the Minister, the water that will be taken cannot be used to supply regulated river (general security) allocations in the Murray Valley,

(e) from flows that in the opinion of the Minister, will not contribute to reducing the surface water salinity measurement in the Murray River at Morgan when it is in excess of 800 Electrical Conductivity units,

(f) if in the opinion of the Minister, the water that will be taken will not contribute to the reduction of existing medium or high blue-green algae alerts,

(g) if the taking of water will not prevent flows in the Darling River from reaching 7,000 ML/day at Weir 32 for a period of time which, in the opinion of the Minister, is sufficient to permit adequate passage of fish over Weir 32,

(h) if, in the opinion of the Minister, the taking of water will not prevent the commencement of a waterbird breeding event or will not threaten the success of an existing event, and

(i) between 1 April and 30 October each year, if, in the opinion of the Minister, the taking of water will not prevent significant flow variations occurring in those sections of the water source where flow heights are unaffected by weirs.