New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE TARCUTTA CREEK WATER SOURCE 2003 - REG 32

32 Rules for granting access licences

(1) This Part is made in accordance with sections 20 (2) (b) and 63 (2) of the Act. having regard to the limits to water availability in this water sources and the need to protect the ecological health of the river.

(2) Access licences may be granted in this water 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 water 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 also vary a local water utility’s share component at 5 year intervals, or on application of the local water utility where there is a rapid growth in population.

(b) domestic and stock access licences,

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

(d) unregulated river (Aboriginal cultural) access licences where the individual daily extraction limit (hereafter "IDEL") is assigned in proportion to the share component, and the cumulative daily extraction limit assigned to this category of licence does not exceed 0.15 ML/day in very low flows, 0.5 ML/day in A class flows, 0.75 ML/day in B class flows and 1.0 ML/day in C class flows, or

(e) unregulated river (research) access licences where the IDEL is assigned in proportion to the share component, and the cumulative daily extraction limit assigned to this category of licence does not exceed 0.0 ML/day in very low flows, 0.2 ML/day in A class flows, 0.3 ML/day in B class flows, and 0.5 ML/day in C class flows.

(4) 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.

(5) Subclause (4) does not apply to an application for 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.

(6) Any IDEL granted in accordance with this clause cannot exceed the IDEL initially assigned to an equivalent share component for that category of access licence, as varied by clause 50.

(8) Runoff harvesting access licences may have the share component expressed either as a volume in ML/yr or in terms of the amount of water that can be extracted from time to time from specified works.