New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE NEW SOUTH WALES MURRAY AND LOWER DARLING REGULATED RIVERS WATER SOURCES 2003 - REG 57

57 Mandatory conditions on access licences

(1) This Part is made in accordance with sections 17 (c) and 20 (2) (e) of the Act.

Note: The Minister may impose discretionary conditions at any time on an access licence in accordance with section 66 (1) (b) of the Act.

(2) All access licences in these water sources shall have mandatory conditions to give effect to the following:

(a) the specification of the share component of the access licence,

(b) the specification of the extraction component of the access licence,

(c) the requirement that extraction under the access licence shall be subject to the available water determinations,

(d) the requirement that extraction under the access licence shall be subject to the water allocation account management rules established in Part 9 of this Plan,

(e) the requirement that the taking of water in accordance with the access licence may only occur if the resulting debit to the access licence account will not exceed the volume of water allocation remaining in the licence account,

(f) the requirement that water may only be taken by water supply works nominated on the access licence, and

(g) any other conditions required to implement the provisions of this Plan.

(3) The mandatory condition under subclause (2), in relation to all access licences in the Murray Water Source, other than supplementary water access licences, whose nominated works at the commencement of application of Chapter 3 Part 2 of the Act in relation to this water source are upstream of the Barmah Choke, shall specify that extraction is only permitted upstream of the Barmah Choke.

(4) All accesses licences shall have a mandatory condition that facilitates the provisions of clause 48 of this Plan.

(5) All domestic and stock access licences, local water utility access licences, regulated river (high security) access licences and regulated river (conveyance) access licences shall have mandatory conditions that only allow the taking of water if it has been ordered in accordance with procedures established by the Minister.

(6) All regulated river (general security) access licences shall have mandatory conditions that only allow the taking of water if it has been ordered in accordance with procedures established by the Minister, except in relation to water extracted under the provisions of clause 39 (10).

(7) All supplementary water access licences shall have mandatory conditions that only allow the taking of water in accordance with announcements, as specified in clause 49, and after satisfying any procedures established by the Minister.

(8) All domestic and stock access licences, other than domestic and stock (domestic only) access licences shall have mandatory conditions that only allow the taking of water for the purpose of domestic consumption or stock watering as defined in section 52 of the Act.

(9) All domestic and stock (domestic only) access licences shall have mandatory conditions that only allow the taking of water for the purpose of domestic consumption as defined in section 52 of the Act.

(10) All local water utility access licences shall have mandatory conditions that only allow the taking of water for the exercise of a water supply function of the local water utility or for other such purpose provided for under the Act.

(11) The access licences referred to in clause 16 (3) shall have mandatory conditions that:

(a) only permit the taking of water allocations for the purpose of providing water to Murray River wetlands consistent with the environmental objectives of this Plan, and

(b) prohibit dealings under sections 71M, 71O, 71P, 71Q, 71R and 71U of the Act.

(12) All regulated river (high security) (Aboriginal cultural) access licences shall have mandatory conditions that only allow the taking of water by Aboriginal persons or communities for personal, domestic and communal purposes including the purposes of drinking, food preparation, washing, manufacturing traditional artefacts, watering domestic gardens, cultural teaching, hunting, fishing, and gathering, and for recreational, cultural and ceremonial purposes.