New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE UPPER NAMOI AND LOWER NAMOI REGULATED RIVER WATER SOURCES 2003 - REG 52

52 Rules for change of water source

(1) This clause relates to dealings under section 71R of the Act.

Note: Section 71R dealings are the mechanism by which access licences can move from one water source to another. Once the change in water source has been effected, if permitted, the new licence will have to nominate specified works (by a dealing under section 71W of the Act) in the receiving water source before extraction can commence.

(2) Access licences in other water sources outside of these water sources may be issued following cancellation of access licences in either of these water sources only if:

(a) the access licence dealing rules in the receiving water source permit such a dealing, and

(b) a conversion factor, established by the Minister and published in an order made under section 71Z of the Act that protects environmental water, domestic and stock rights, native title rights and the reliability of supply to all other access licences in this water source, has been applied.

(3) Access licences in either of these water sources may be issued following cancellation of access licences in a water source outside of these water sources only if:

(a) the access licence dealing rules in the other water source permit such a dealing, and

(b) a conversion factor, established by the Minister and published in an Order made under section 71Z of the Act that protects environmental water, domestic and stock rights, native title rights and the reliability of supply to all other access licences in these water sources, has been applied.

Note: The access licence dealing principles gazetted on 27 December 2002 prohibit a change of water source dealing where the movement is from an unregulated river water source to a regulated river water source.

(4) An access licence in one of these water sources may be issued following cancellation of an access licence in the other of these water sources.

(5) The share component of a new access licence issued in accordance with subclause (4) is to be equal to the share component of the cancelled access licence.