New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE UPPER BRUNSWICK RIVER 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 of the Act, having regard to the limits to water availability in this water source 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) an unregulated river access licence applied for by an existing access licence holder for additional access licence share components in exchange for surrender of B class individual daily extraction limit as follows:

(i) the access licence share component may increase by 100% if all B class IDELs are surrendered,

(ii) the total daily extraction limit in C class will not change,

(iii) to be eligible for additional share component under subclause (3) (c), the IDEL surrendered must be the full IDEL initially assigned to the access licence, as amended by clause 51,

(iv) the share component increased in accordance with subclauses (3) (c) (i) cannot exceed the access licence share component to which the IDEL was initially assigned,

(v) the total daily extraction limit in clause 46 (1) (a) and clause 47 (c) (i) will be reduced by the amount of B class individual daily extraction limit surrendered, and

(vi) the granting of these additional share component may only continue as long as the additional share component for this water source resulting from subclause (3) (c) does not exceed 250 ML/yr,

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

(e) unregulated river (Aboriginal commercial) access licences, where the share component does not exceed 10 ML/yr per application,

(f) unregulated river (Aboriginal cultural) access licences where the share component does not exceed 10 ML/yr per application, or

(g) unregulated river (research) access licences where the share component does not exceed 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 and extraction components sought are 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 individual daily extraction limit (hereafter "IDEL") granted in accordance with subclause (3) cannot exceed the IDEL initially assigned to an equivalent share component for that category of access licence, as varied by clause 51.

(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.