New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE NEW SOUTH WALES MURRAY AND LOWER DARLING REGULATED RIVERS WATER SOURCES 2003 - REG 51

51 Rules relating to constraints within this water source

(1) This clause relates to dealings under sections 71O, 71Q, 71T and 71W of the Act.

(2) Any dealing that would result in the assignment of all or part of the share component of an access licence, whose extraction component only permits the taking of water upstream of the Barmah Choke, to an access licence, whose extraction component permits the taking of water downstream of the Barmah Choke shall be prohibited.

(3) Any dealing that would result in the assignment of water allocation from the water allocation account of an access licence, whose extraction component only permits the taking of water upstream of the Barmah Choke, to an access licence, whose extraction component permits the taking of water downstream of the Barmah Choke may only occur if the Minister is satisfied that the assignment will not diminish the ability to fully supply all water orders that may result from water allocations already in the water allocation accounts of access licences whose extraction components permit extraction of water downstream of the Barmah Choke.

(4) Assignment of water allocations from a supplementary water access licence water allocation account to an access licence of any other access licence category shall be prohibited.

(5) Assignment of water allocations to a supplementary water access licence water allocation account from an access licence of any other access licence category shall be prohibited.

(6) Assignment of water allocations from a local water utility access licence account to the water allocation account of any other access licence is prohibited whenever:

(a) the volume of water stored in Menindee Lakes is below 480,000 ML, or

(b) the volume stored in Menindee Lakes has not risen above 640,000 ML since the volume stored last fell below 480,000 ML.