New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE PATERSON REGULATED RIVER WATER SOURCE 2007 - REG 27

27 Rules for granting access licences

(1) This Part is made in accordance with sections 20 (2) (b), 61 and 63 of the Act, having regard to the limits to water availability in this water source and the need to protect dependent ecosystems.

(2) Applications for access licences may be made and access licences granted in this water source if the application is for:

(a) a specific purpose access licence for which application is provided for under clause 19 of the Water Management (General) Regulation 2004 (hereafter "the Regulation") in accordance with section 61 (1) (a) of the Act,

At the commencement of this Plan, clause 19 of the Regulation provides for the following specific purpose access licences to be applied for:

(a) a local water utility access licence (subcategory “domestic and commercial”), for the purpose of domestic consumption and commercial activities,

(b) a domestic and stock access licence (subcategory “domestic”), for the purpose of domestic consumption,

(c) a regulated river (high security) access licence (subcategory “town water supply”), for the purpose of supply to communities for domestic consumption and commercial activities, and

(d) any category of specific purpose access licence (subcategory “Aboriginal cultural”), for Aboriginal cultural purposes, and

Note: Pursuant to sections 66 (3) and 66 (4) of the Act, the Minister may also vary a local water utility’s share component at 5 year intervals, or on application of the local water utility where there is rapid growth in population.

(b) regulated river (high security) (research) access licences for water supply for research purposes, provided that such research is undertaken by an organisation approved by the Minister as an accredited research body,

(c) an access licence with a zero share component in accordance with sections 61 (1) (b) and 63 (5) of the Act,

(d) an access licence that may be granted in accordance with a dealing that is permitted by Part 10 of this Plan,

(e) any category of access licence following works or other actions resulting in water savings being made by State Water in this water source, subject to:

(i) an assessment that the granting of the access licence will not have a negative impact on existing access licences within this water source,

(ii) a right to apply for the licence has been acquired by auction, tender or other open market process under section 65 of the Act,

(iii) the total share components of access licences granted under this subclause not exceeding the annual volume of water saved.

(f) any category of access licence following a reduction to the volume of water that is to be reserved in the environmental contingency allowance, under clause 14 (1) (e), subject to:

(i) the total share components of access licences granted under this subclause not exceeding an amount that is equal to 2000 megalitres minus the amended environmental contingency allowance volume, and

(ii) a right to apply for the licence has been acquired by auction, tender or other open market process under section 65 of the Act, and

(g) any category of specific purpose access licence (subcategory “Aboriginal cultural”), for Aboriginal cultural purposes, up to 10 ML/year per application.

(3) In applying for a new access licence, the applicant must establish the purpose and circumstance relating to that access licence, and that the share component sought will be the minimum required to meet that purpose and circumstance.

(4) Subclause (3) does not apply to a new access licence arising from:

(a) section 61 (1) (c), of the Act, where the right has been acquired by auction, tender or other open market process, or

(b) an access licence dealing.