New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE WYBONG CREEK WATER SOURCE 2003 - REG 59

59 Rules relating to constraints within this water source

(1) This clause applies to any relevant dealings under sections 71Q, 71S and 71W of the Act, and section 71T of the Act with respect to water allocation assignments within this water source.

(2) Dealings are prohibited under this clause if:

(a) any of the access licences or water allocations involved are not within this water source, unless the dealing is permitted under clause 64,

Note: Clause 61 relates to any dealings that involve an access licence moving from one water source to another.

(b) prior to initial assignment of IDELs, the dealing results in the total share component of all access licences that have nominated waters supply works in the receiving management zone exceeding 10% of the total share component existing at the time of the commencement of Part 2 of Chapter 3 of the Act in this water source, unless the dealing is:

(a) from management zone 1 to management zone 2, or

(b) from management zone 3 to management zone 2.

(c) after initial assignment of IDELs, the dealing would result in the access licence extraction component that had nominated a work in one management zone, nominating a work in another management zone, and the change of location is in an up-river direction, unless the sum of the IDELs held in the up-river zone remains not more than 10% greater than the sum of the IDELs in the receiving zone when IDELs are initially assigned or unless the dealing is into management zone 1 where there is no constraint, or

(d) the dealing would result in the total extraction under aquifers access licences through nominated works in an area, plus basic landholder rights extraction in that area, causing adverse local impact in accordance with Part 10 Division 4 of this Plan.