New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE TOMAGO TOMAREE STOCKTON GROUNDWATER SOURCES 2003 - REG 25

25 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 these groundwater sources and the need to protect groundwater dependent ecosystems and groundwater quality.

(2) Access licences may be granted in these groundwater sources, 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 these groundwater sources, other than access licences of the following kinds:

(a) major utility access licences in Stockton,

Note: Hunter Water Corporation’s augmentation strategy for the life of this Plan is focused on further development of the Grahamstown surface water source supplies. Hunter Water Corporation has advised that it is unlikely to seek any increase in its component from the Tomago and Tomaree Groundwater Sources during the life of this Plan.

(b) domestic and stock access licences,

(c) access licences where the individual share component does not exceed 5 ML/yr, and total share components granted under this subclause remain below 100 ML/yr for each groundwater source,

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

(e) aquifer (Aboriginal cultural) access licences up to 10 ML/yr per application.

(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 or extraction component sought will be the minimum required to meet that purpose and circumstance.

(5) 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 3 of this Plan.

(6) 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.

(7) 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.

(8) The share component of the access licence granted under subclause (7) will be the proportion of the share component sought that the water supply work (bore) is capable of extracting without any adverse local impact as outlined in Part 10 Division 3 of this Plan.

(9) Subclauses (4), (6), (7) and (8) do 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.

(10) The major utility access licences may have the share component expressed as a volume in megalitres over any 3 year period.