New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE OURIMBAH CREEK WATER SOURCE 2003 - REG 50

50 Adjustment to TDELs and IDELs

(1) Where IDELs are assigned under clause 49 the unassigned TDEL is reduced accordingly, and the TDEL assigned to the appropriate licence category in clause 46 is increased accordingly.

(2) Pursuant to section 45 (1) (b) of the Act, if total extraction of water under domestic and stock or native title rights exceeds the level specified in Part 5 of this Plan:

(a) first the unassigned TDEL specified in clause 47 then, if necessary, the TDEL for unregulated river access licences in clause 46 (c) shall be diminished to allow these additional basic landholder rights to be met, and

(b) the IDELs of each unregulated river access licence will then be reduced to comply with this diminished TDEL.

(3) Pursuant to section 45 (1) (b) of the Act, if any unassigned TDEL cannot meet either:

(a) the IDEL requirements of applicants for new domestic and stock access licences, or

(b) a local water utility’s IDEL requirements,

then the TDEL for unregulated river access licences in clause 46 (c) will be diminished to such an extent as to allow those requirements to be met.

(4) Following an adjustment to the TDEL for unregulated river access licences in subclause (3) the IDELs of each unregulated river access licence will then be reduced to comply with this diminished TDEL.

(5) Any adjustment to unregulated river access licence IDELs arising from this clause will be done at intervals of no greater than 5 years.

(6) In accordance with subclause (3) and clause 36 (b), if the combined IDEL requirements for the local water utilities cannot be met, the Minister may, under section 45 (1) (b) of the Act, and by notice published in the NSW Government Gazette, amend the TDEL for local water utilities after year 2 of this Plan, and the amended TDEL for local water utilities shall be determined by the Minister and may range from:

(a) 7.5 to 15 ML/day inclusive within B class,

(b) 18 to 36 ML/day inclusive within C class,

(c) 41 to 43 ML/day inclusive within D class, and

(d) 46 ML/day up to 32% of the flow on any day within E class.

(7) Any new IDELs granted to Gosford City Council Water Authority and Wyong City Council Water Authority access licences will be consistent with the ratios of share components to IDELs initially granted.

(8) If the TDEL for local water utilities established in clause 46 (b) is varied in any flow class as a result of subclause (6) then the TDEL established in clause 45 (1) will be adjusted by an equal amount.

(9) If water that, pursuant to an access licence:

(a) is committed to adaptive environmental water, then the TDEL for classes specified on the committed access licence in the specified category will be reduced by the IDEL on the access licence so committed and clauses 45 and 46 adjusted accordingly, or

(b) is uncommitted to adaptive environmental water, then the TDEL for classes specified on the committed access licence in the specified category will be increased by the IDEL on the access licence so uncommitted and clauses 45 and 46 adjusted accordingly.