New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE UPPER NAMOI AND LOWER NAMOI REGULATED RIVER WATER SOURCES 2003 - REG 43

43 Volume taken under access licences

(1) The water allocation taken under access licences in the Upper Namoi Regulated River Water Source shall be assessed as:

(a) the volume of water taken by the approved water supply works nominated by the access licence, or

(b) the greater of:

(i) the volume of water extracted by the approved water supply works nominated by the access licence, or

(ii) the volume of water ordered for extraction by the approved water supply works nominated by the access licence,

where the Minister has applied such a discretionary condition to the access licence.

(2) The Minister should only apply a discretionary condition in relation to subclause (b) where this has been provided for in a compliance management strategy approved by the Minister.

Note: It is intended that the discretionary condition referred to above should only be applied where water orders have been exceeding the volume of water being taken under a licence and this cannot be explained by rainfall or other unavoidable factors.

(3) Extraction of water in accordance with provisions of clause 38 (8) (a) and 38 (8) (b) shall not be debited from the access licence water allocation account.

(4) The water allocation taken under local water utility access licences, domestic and stock access licences, regulated river (high security) access licences and regulated river (general security) access licences in the Lower Namoi Regulated River Water Source shall be assessed as the greater of:

(a) the volume of water extracted by the approved water supply works nominated by the access licence, or

(b) the water ordered for extraction by the approved water supply works nominated by the access licence.

(5) The water allocation taken under supplementary water access licences in the Lower Namoi Regulated River Water Source shall be assessed as the volume of water extracted, in accordance with announcements and access licence conditions, by the approved water supply works nominated by the access licence.