New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE WYBONG CREEK WATER SOURCE 2003 - REG 61

61 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 affected, 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) Dealing under section 71R of the Act are prohibited in this water source, unless provided for in this clause.

(3) An access licence with a share component specifying this water source may be cancelled and a new licence issued only if the new access licence issued is within this Unit, and the access licence dealing rules in the other water source permit such a dealing.

(4) An access licence with a share component specifying another water source may be cancelled and a new licence issued in this water source only if:

(a) the access licence cancelled is within this Unit,

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

(c) IDELs in this water source have been assigned to access licences.

Note: Allowing access licence share component dealings before the assignment of IDELs would distort the initial distribution of the TDELs as IDELs.

(5) The volume of share component on an access licence issued under this clause is to be the volume of the cancelled share component multiplied by a conversion factor established by the Minister, and published in an Order made under section 71Z of the Act, that protects environmental water, basic landholder rights, and the reliability of supply to all other access licences subject to this Plan.

(6) The extraction component of the cancelled access licence is not to be carried over to the new access licence.