New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE UPPER BRUNSWICK RIVER WATER SOURCE 2003 - REG 51

51 Adjustment to TDELs and IDELs

(1) Where IDELs are assigned under clause 50 the unassigned TDEL is reduced accordingly, and the TDEL assigned to the appropriate licence category in clause 47 is increased accordingly.

(2) Pursuant to section 45 (1) (b) of the Act, if total extraction of water under domestic and stock and native title rights exceeds the volumes specified in Part 5 of this Plan:

(a) first the unassigned TDEL specified in clause 48 then, if necessary, the TDEL for unregulated river access licences in clause 47 (c) shall be diminished to allow these additional basic landholder rights to be met, and

(b) the IDELs of each unregulated river access licence will be reduced to comply with this diminished TDEL.

(3) Pursuant to section 45 (1) (b) of the Act, if any unassigned TDEL cannot meet either:

(a) the IDEL requirements of applicants for new domestic and stock access licences, unregulated river (Aboriginal cultural) access licences, unregulated (Aboriginal commercial) access licences, and unregulated river (research) access licences, or

(b) a local water utility’s IDEL requirements,

then the TDEL for unregulated river access licences in clause 47 (c) will be diminished to such an extent as to allow those requirements to be met.

(4) Following an adjustment to the TDEL for unregulated river access licences in subclause (3) the IDELs of each unregulated river access licence will then be reduced to comply with this diminished TDEL.

(5) Any adjustment to unregulated river access licence IDELs arising from this clause will be done at intervals of no greater than 5 years.

(6) Pursuant to clause 32 (3) (c) if B class daily extraction limits are retired, the TDEL for unregulated river access licences in clause 46 (1) (a) and clause 47 (c) (i) will be reduced to reflect this change.

(7) If B class daily extraction limits are surrendered in accordance with clause 32 (3) (c), the TDEL for unregulated river access licences in clause 46 (1) (a) and clause 47 (c) (i) will be reduced to reflect this change, and the planned environmental water in clause 21 (1) (b) increased by a corresponding amount.

(8) If water that, pursuant to an access licence:

(a) is committed to adaptive environmental water, then the TDEL for classes specified on the committed access licence in the specified category will be reduced by the IDEL on the access licence so committed and clauses 46 and 47 adjusted accordingly, or

(b) is uncommitted to adaptive environmental water, then the TDEL for classes specified on the committed access licence in the specified category will be increased by the IDEL on the access licence so uncommitted and clauses 46 and 47 adjusted accordingly.