New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE TENTERFIELD CREEK WATER SOURCE 2003 - REG 49

49 Granting of unassigned TDEL

(1) The unassigned TDEL in clause 47 may be assigned to access licences in the following circumstances:

(a) where they are applied for as part of a new access licence application,

(b) to a local water utility access licence where the Minister varies the access licence in accordance with sections 66 (3) or 66 (4) of the Act,

(c) to existing access licences for the purpose of pumping into farm dams if:

(i) the purpose of the additional IDEL sought is established by the proponent,

(ii) the IDEL sought is the minimum required to satisfy that purpose, and

(iii) the extraction is consistent with the objectives and principles of this Plan,

(d) at the end of year 8 of this Plan, when access to very low flows and pools is revoked, 50% of the Zone 5 unassigned C class TDEL in clause 47 (e) (i) may be granted to all access licences that are on Schedule 6 at that time, as part of a strategy to reduce low flow access, or

(e) the method for distributing the unassigned TDEL specified in subclause (d) will be determined by the Minister according to the following principles for allocation:

(i) application must be made to the Minister for the unassigned TDEL,

(ii) a farm water management plan, approved by the Minister, must be in place that provides for the potential licensed water usage,

(iii) no single applicant can be granted more than 50% of their C class IDEL held at that time, and

(iv) when 50% of the unassigned TDEL in C class flows has been assigned according to this subclause, then no further applications will be granted.

Note: The remaining 50% is to be reserved for assignment under subclauses (a), (b) and (c).

(2) Where additional IDELs are assigned to an access licence in accordance with this clause, the amount of IDEL so assigned shall be determined by the Minister consistent with the ratios of share component to IDEL for the specific category of access licence as initially assigned under clause 48, as amended by clause 50.