New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE UPPER AND LOWER NAMOI GROUNDWATER SOURCES 2003 - REG 46

46 Rules for change of water source

(1) This clause relates to dealings under section 71R of the Act.

Note: Section 71R dealings are the mechanism by which access licences can move from one water source to another. Once the change in water source has been effected, if permitted, the new licence will have to nominate specified works (by a dealing under section 71W of the Act) in the receiving water source before extraction can commence.

(2) An access licence with a share component specifying one of these groundwater sources may be cancelled and a new licence issued under this dealing only if:

(a) the access licence cancelled is an aquifer access licence within one of the Upper Namoi Groundwater Sources,

(b) the access licence issued is within Zone 10, and

(c) the total share components of all access licences in Zone 10 remains below 58% of the recharge established in clause 16 for that Zone until the 30 December 2007,

(d) the total share components of all access licences in Zone 10 remains below 70% of the recharge established in clause 16 for that Zone after the 30 December 2007.

(3) The share component of an access licence issued under a dealing provided for in subclause (2) is to be equal to the share component of the cancelled access licence.