New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE UPPER BRUNSWICK RIVER WATER SOURCE 2003 - REG 50

50 Granting of unassigned TDEL

(1) The unassigned TDEL in clause 48 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, or

(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 individual daily extraction limit sought is the minimum required to satisfy that purpose, and

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

(2) At the commencement of year 6 of this Plan, the Minister may allow unassigned TDEL to be assigned to existing access licences upon application, if a review by the Minister indicates that:

(a) in this and downstream subcatchments, the requirements of the environment are satisfied, and

(b) the requirements of existing downstream access licence holders and basic rights landholder are satisfied.

(3) 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 49, as amended by clause 51.