New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE PHILLIPS CREEK, MOOKI RIVER, QUIRINDI CREEK AND WARRAH CREEK WATER SOURCES 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 for the appropriate water source 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 in a water source exceeds the level specified in Part 5 of this Plan:

(a) first the unassigned TDEL for that water source specified in clause 47 then, if necessary, the TDEL for unregulated river access licences in that water source specified 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 in that water source shall then be reduced to comply with this diminished TDEL.

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

(a) the IDEL requirements of applicants for new access licences for local water utilities and domestic and stock access in the water source, or

(b) a local water utility’s IDEL requirements in the water source resulting from a variation by the Minister under sections 66 (3) or 66 (4) of the Act,

then the TDEL for unregulated river access licences in the water source 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 licence in subclause (3) the IDELs of each unregulated river access licence in that water source 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) If water that, pursuant to an access licence,:

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