New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE WYBONG CREEK WATER SOURCE 2003 - REG 52

52 Administrative arrangements for managing access to daily flows

(1) Notwithstanding the forgoing provisions of this Division, this Plan allows group management of access licences with respect to the IDELs.

(2) The Minister may determine that, from the commencement of this Plan and until otherwise determined:

(a) all access licences with IDELs shall be made part of a group maintained by the Minister, and

(b) access licences with IDELs will be assessed as a whole against their combined IDELs.

(3) At any time when subclause (2) does not apply:

(a) access licence holders may make a request to form a group for their access licences,

(b) access licence holders may have their licence removed from a group, in which case they shall be permitted to extract under that licence a maximum of the licensed IDEL, and

(c) where an access licence is removed or added to a group, the group’s combined IDEL shall be adjusted by the amount of the IDEL on the subject access licence.

(4) Groups will be managed according to the following rules:

(a) daily extraction by a group cannot exceed the combined IDELs of all access licences in the group,

(b) where it been assessed that a holder of an access licence within a group is repeatedly causing the combined IDEL to be exceeded then the Minister may remove that access licence from the group,

(c) where daily extraction by a group exceeds the combined IDELs of all access licences in the group, then the Minister may dissolve the group and require each access licence holder to comply with the licensed IDELs,

(d) should a holder of an access licence which is part of a group commit the IDELs of that licence to the environment consistent with section 8 (1) (c) of the Act, then those IDELs shall be removed from the group,

(e) an access licence may not be in more than one group, and

(f) the Minister may refuse to allow an access licence to be included in a group, and may refuse a request to form a group.