New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE PHILLIPS CREEK, MOOKI RIVER, QUIRINDI CREEK AND WARRAH CREEK WATER SOURCES 2003 - REG 56

56 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 affected, 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) Dealings under section 71R of the Act are prohibited in these water sources, unless provided for in this clause.

(3) An access licence with a share component specifying one of these water sources may be cancelled and a new licence issued in another water source only if:

(a) the new access licence issued is within this Unit, and

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

(4) An access licence with a share component specifying another water source may be cancelled and a new access licence issued in one of these water sources under this dealing only if the access licence dealing rules in the other water source permit such a dealing, and:

(a) the access licence cancelled is within this Unit, or

(b) the access licence cancelled is within the Upper Namoi or Lower Namoi Regulated River Water Sources.

(5) The volume of share component on an access licence issued under this clause is to be the volume of the cancelled share component multiplied by a conversion factor established by the Minister, and published in an Order made under section 71Z of the Act, that protects environmental water, basic landholder rights, and the reliability of supply to all other access licences subject to this Plan.

(6) The extraction component of the cancelled access licence is not to be carried over to the new access licence.