New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE UPPER NAMOI AND LOWER NAMOI REGULATED RIVER WATER SOURCES 2003 - REG 30

30 Volume of the long-term extraction limit

(1) This Plan establishes a long-term extraction limit for these water sources being the lesser of:

(a) the long-term average annual extraction from these water sources that would occur with the water storages and water use development that existed in 1999/2000, the share components existing at the commencement of this Plan and application of the water management rules defined in this Plan, or

(b) the long-term average annual extraction from these water sources that would occur under Cap baseline conditions.

Note: An assessment of the long-term average annual extractions that would occur under the conditions specified in subclause (1) (a) has been made using the Namoi IQQM run number 9078. This indicates a long-term average annual extraction volume of 238,000 megalitres.

Note: An assessment of the long-term average annual extractions that would result from the Cap baseline conditions in subclause (1) (b) has been made using the Namoi IQQM run number namo3414. This indicates a long-term average annual extraction volume of 256,000 megalitres.

Note: The long-term extraction limit recognises the effect of climatic variability on the availability of water, in accordance with section 20 (2) (c) of the Act, as historic climate and river flow information is used in its determination.

(2) The values referred to in subclauses (1) (a) and (1) (b) shall be adjusted for any access licence dealing under section 71R of the Act.

(3) For the purposes of establishing the long-term extraction limit and auditing compliance with it, the following shall be included:

(a) all water extractions by holders of all categories of access licences in accordance with the rules used for accounting of Cap diversions for Schedule F of the Murray Darling Basin Agreement,

(b) domestic and stock rights and native title rights extractions,

(c) volumes of water delivered as adaptive environmental water,

(d) floodplain harvesting extractions determined to be taken for use in conjunction with extractions from these water sources, and

(e) water allocations assigned from access licence water allocation accounts in these water sources to access licence water allocation accounts in any other water source.

(4) For the purposes of establishing the long-term extraction limit and auditing compliance with it,

(a) the following shall not be included:

(i) replenishment flows made in accordance with this Plan, or

(ii) diversion of water pursuant to the planned environmental water rules in Part 3 of this Plan, and

(b) the assessed volume of extractions shall be reduced by the volume of water allocations being assigned from the water allocation accounts of access licences in any other water source to the water allocation accounts of access licences in these water sources.