New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE STUARTS POINT GROUNDWATER SOURCE 2003 - REG 26

26 Rules for granting access licences

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

(2) Access licences may be granted in this groundwater source subject to any embargo on the making of applications for access licences made under Chapter 3 Part 2 Division 7 of the Act.

(3) The Minister should declare an embargo on the making of applications for access licences in this groundwater source, other than access licences of the following kinds:

(a) local water utility access licences,

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

(b) aquifer (Aboriginal cultural) access licences,

(c) aquifer (Aboriginal commercial) access licences,

(d) licence applications lodged as a result of a Ministerial approved access licence amnesty completed before 1 July 2003, or

(e) a specific purpose access licences for which applications are provided for under the regulations in accordance with section 61 (1) (a) of the Act.

(4) Subclauses (3) (b), (3) (c) and (3) (d) should no longer apply when the total share components of access licences in this groundwater source exceeds the extraction limit established at clause 28.

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

(6) Subclause (5) 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.

(7) Access licences granted under this Part cannot be extracted through a water supply work (bore) located in areas where the extraction authorised by the licence, plus the full extraction authorised by existing access licences through water supply works (bores) located in the area, and the exercise of basic landholder rights, are likely to cause an adverse local impact as outlined in Part 10 Division 2 of this Plan.

(8) If an access licence share component applied for is significant as determined by the Minister on the basis of the particular aquifer characteristics, the application will not be granted until a water supply work (bore) approval has been granted and the work constructed.

(9) Once the water supply work (bore) is constructed and the results of a pumping test or its equivalent are supplied by the applicant, in the required form and to the specification of the Minister, the access licence may be granted.

(10) The share component of the access licence granted under subclause (9) will be the proportion of the share component sought that the water supply work (bore) is capable of extracting without adverse local impact as outlined in Part 10 Division 2 of this Plan.