New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE NEW SOUTH WALES MURRAY AND LOWER DARLING REGULATED RIVERS WATER SOURCES 2003 - REG 52

52 Rules for change of water source

(1) This clause relates to dealings under section 71R of the Act.

Note: Section 71R dealings are the mechanism by which access licences can move from one water source to another. Once the change in water source has been effected, if permitted, the new licence will have to nominate specified works (by a dealing under section 71W of the Act) in the receiving water source before extraction can commence.

(2) Access licences in other water sources outside of one of these water sources may only be issued following cancellation of access licences in one of these water sources if:

(a) the access licence dealing rules in the receiving water source permit such a dealing,

(b) a conversion factor, established by the Minister and published in an order made under section 71Z of the Act that protects environmental water, domestic and stock rights, native title rights and the reliability of supply to all other access licences in the water source in which the access licence is being cancelled, has been applied, and

(c) the water source in which the access licence is issued is one of the following:

(i) a water source within the Murray Unregulated River Extraction Management Unit,

(ii) the Murrumbidgee Regulated River Water Source, or

(iii) the other of these water sources.

(3) An access licence in either of these water sources may only be issued following cancellation of access licences in another water source if:

(a) the access licence dealing rules in the other water source permit such a dealing,

(b) a conversion factor, established by the Minister and published in an Order made under section 71Z of the Act that protects environmental water, domestic and stock rights, native title rights and the reliability of supply to all other access licences in the water source in which the access licence is being issued, has been applied, and

(c) the water source in which the access licence is cancelled is one of the following:

(i) the Murrumbidgee Regulated River Water Source, or

(ii) the other of these water sources.

(4) An access licence in the Murray Water Source may only be issued following cancellation of access licences in another water source if the Minister is satisfied that the issue of the licence will not result in the requirement to supply more water allocation from water storages upstream of the Barmah Choke to water access licences downstream of the Barmah Choke.