New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE UPPER AND LOWER NAMOI GROUNDWATER SOURCES 2003 - REG 25C

25C Share components of aquifer access licences

(1) For those Water Act 1912 entitlements that are to become aquifer access licences in Zone 6, 9 and 10 at the commencement of this Plan, the share component is to be equal to the Water Act 1912 entitlement.

(2) For each entitlement referred to in Column 1 of Schedule 5 applying to the licences listed in Column 2 of Schedule 5 that are to become aquifer access licences in these groundwater sources at the commencement of this Plan, the share component is to be equal to the share component in Column 3 of Schedule 5.

(3) For those Water Act 1912 entitlements that are to become aquifer access licences in Zone 1, 2, 3, 4, 5, 7, 8, 11, 12, and the Lower Namoi at the commencement of this Plan, the share component will be established in accordance with the following formula:

(4) For the purposes of subclause (2) and for access licences in Zones 1, 2, 3, 4, 5 and 8 HOE AAL is equal to the greater of:

(a) the average metered extraction over the ten years from 1991/92 to 2000/01, not exceeding licence volumes at commencement of this Plan, or

(b) the average metered extraction over the five years from 1992/93 to 1996/97, not exceeding licence volumes at commencement of this Plan and excluding all zero and low extraction years prior to activation.

(5) For the purposes of subclause (2) and for access licences in Zones 7, 11 and 12 HOE AAL is equal to the greater of:

(a) the average metered extraction over the ten years from 1991/92 to 2000/01, not exceeding access licence share components at commencement of this Plan, or

(b) the average metered extraction over the five years from 1992/93 to 1996/97, not exceeding access licence share components at commencement of this Plan and excluding all zero and low extraction years prior to activation, or

(c) the average metered extraction over the five years from 1996/97 to 2000/01, not exceeding access licence share components at the commencement of this Plan, and excluding all zero and low extraction years prior to activation.

(6) For the purposes of subclause (2) and for access licences in the Lower Namoi HOE AAL is equal to the greater of:

(a) the average metered extraction over the ten years from 1991/92 to 2000/01, not exceeding licence volumes at commencement of this Plan, or

(b) the average metered extraction over the five years from 1992/93 to 1996/97, not exceeding licence volumes at commencement of this Plan and excluding all zero and low extraction years prior to activation,

(c) the average metered extraction over the five years from 1999/00 to 2003/04, not exceeding allocation announced volumes in 2000/01 and excluding all zero and low extraction years prior to activation.

Note: The rules for determining HOE are contained in Appendix 4.

(7) For the purposes of subclause (4), (5) and (6) zero and low extraction years are years where extraction was less than 20% of the maximum volume of water extracted in any one year between 1991/92 and 2000/01.

(8) For the purposes of subclause (4), (5) and (6) activation is defined as the first year between 1991/92 and 2000/01 in which a licence holder extracted 20% or more of the maximum volume of water extracted in any one year between 1991/92 and 2000/01.

(9) It is estimated that at the time of commencement of this Plan, the share components of aquifer access licences authorised to extract water from these groundwater sources will total 191,313 ML/yr, distributed as follows:

(a) 384 ML/yr in Zone 1,

(b) 7,141 ML/yr in Zone 2,

(c) 17,101ML/yr in Zone 3,

(d) 21,040 ML/yr in Zone 4,

(e) 16,000 ML/yr in Zone 5,

(f) 11,448 ML/yr in Zone 6,

(g) 3,700 ML/yr in Zone 7,

(h) 15,944 ML/yr in Zone 8,

(i) 11,245 ML/yr in Zone 9,

(j) 1,420 ML/yr in Zone 10,

(k) 2,200 ML/yr in Zone 11,

(l) 2,000 ML/yr in Zone 12, and

(m) 81,593 ML/yr in the Lower Namoi.