New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE UPPER NAMOI AND LOWER NAMOI REGULATED RIVER WATER SOURCES 2003 - REG 32

32 Maintaining compliance with the long-term extraction limit

(1) The current long-term average annual extraction from these water sources plus 95% of the growth in extraction by Tamworth City Council, determined in accordance with clause 31, may not be permitted to exceed the long-term extraction limit specified in clause 30.

(2) Pursuant to subclause (1),

(a) if it has been assessed that the current long-term average annual extraction from these water sources plus 95% of growth in extraction by Tamworth City Council:

(i) exceeds the volume specified in clause 30 (1) (a) by 3% or more, or

(ii) exceeds the volume specified in clause 30 (1) (a) by more than half the difference between the volume specified in clause 30 (1) (a) and the volume specified in clause 30 (1) (b), or

(iii) exceeds the volume specified in clause 30 (1) (b), or

(b) if the assessments for 3 consecutive water years indicate that the current long-term average annual extraction from these water sources plus 95% of growth in extraction by Tamworth City Council exceeds the long-term extraction limit,

(c) then, the maximum available water determination made for supplementary water access licences under clause 39 shall be reduced, and

(d) once the maximum available water determination for supplementary water access licences has reduced to zero, the maximum sum of available water determinations to regulated river (general security) access licences in the Upper Namoi Regulated River Water Source under clause 38 (7) and the maximum volumes that may be taken or assigned from a regulated river (general security) access licences in the Lower Namoi Regulated River Water Source under clause 33 shall be reduced.

(3) The degree of reduction under subclause (2) shall be that necessary to return long-term average annual extractions plus 95% of growth in extraction by Tamworth City Council to the long-term extraction limit.

(4) Reductions in the amounts specified in clauses 33 (a), 33 (b) and 38 (7), pursuant to subclause (2), are to be of the same proportion.

Note: Subclause (4) means that if the amount specified in clause 33 (a) is reduced from say 1.25 megalitres per unit share to 1 megalitre per unit share (ie by one fifth), then the amount specified in clause 33 (b) is to be reduced from 3 megalitres per unit share to 2.4 megalitres per unit share (ie one fifth) and the amount specified in clause 38 (7) is to be reduced from 1 megalitre per unit share to 0.8 megalitres per unit share (ie one fifth).

(5) If action has been taken under subclause (2), and a subsequent assessment under clause 31 indicates that the sum of the current long-term average annual extractions and 95% of any growth in extraction by Tamworth City Council is below the long-term extraction limit by more than 3%, then previous reductions under subclause (2) may be reversed to the degree that it is assessed necessary to return the sum to the long-term extraction limit.

(6) Any reversal of previous reductions under subclause (5) shall:

(a) not exceed previous reductions made under subclause (2), and

(b) shall first reverse any previous reductions relating to regulated river (general security) access licences.

(7) The assessment of the degree of any reduction required under subclause (2) or degree of any reversal under subclause (5) shall be made using the same computer model used to carry out assessments under clause 31.