New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE MACQUARIE AND CUDGEGONG REGULATED RIVERS WATER SOURCE 2016 - REG 49

49 Rules relating to constraints within this water source

(1) This clause relates to dealings under sections 71O, 71Q and 71W of the Act and to dealings in respect of water allocation assignments within this water source under section 71T of the Act.

(2) Any dealing shall be prohibited if it would result in an increase in A + B in the section of Crooked Creek that is within this water source, where:

(a)
"A" is the total number of unit shares specified in access licences nominating water supply works in that section at that time, and

(b)
"B" is the total number of megalitres specified in share components of access licences nominating water supply works in that section at that time.

(3) Any dealing shall be prohibited if it would result in an increase in A + B in the rivers in the Prohibited Area of the Macquarie Marshes as defined in the Macquarie Marshes Water Management Plan 1996 , published by the Department of Land and Water Conservation and the National Parks and Wildlife Service, that are within this water source, where:

(a)
"A" is the total number of unit shares specified in access licences nominating water supply works in those rivers at that time, and

(b)
"B" is the total number of megalitres specified in share components of access licences nominating water supply works in those rivers at that time.

(4) Dealings shall be prohibited that assign water to an allocation account of an access licence nominating water supply works in either:

(a) the section of Crooked Creek that is within this water source, or

(b) rivers in the Prohibited Area of the Macquarie Marshes as defined in the Macquarie Marshes Water Management Plan 1996 , published by the Department of Land and Water Conservation and the National Parks and Wildlife Service that are within this water source.

(5) Until extraction components for access licences in the section of this water source from Windamere Dam water storage to Burrendong Dam water storage have been amended under clause 46 any dealing that would result in A + B exceeding 40,000 megalitres shall be prohibited, where:

(a)
"A" is the total number of unit shares in share components of access licences, excluding supplementary water access licences, nominating water supply works in that section multiplied by 1 megalitre, and

(b)
"B" is the total number of megalitres in share components of access licences nominating water supply works in that section.

(6) Until extraction components for access licences in the Gunningbar Creek above Fairview Dam section of this water source have been amended under clause 46, any dealing that would result in A + B exceeding 36,000 megalitres shall be prohibited, where:

(a)
"A" is the total number of unit shares in share components of access licences, excluding supplementary water access licences, nominating water supply works in that section multiplied by 1 megalitre, and

(b)
"B" is the total number of megalitres in share components of access licences nominating water supply works in that section.

Note : The 36,000 megalitre volume in subclause (6) includes licences that draw from the Albert Priest Channel as supply to that channel is via Gunningbar Creek.

(7) Until extraction components for access licences in the Gunningbar Creek below Fairview Dam section of this water source have been amended under clause 46, any dealing that would result in A + B exceeding 1,700 megalitres shall be prohibited, where:

(a)
"A" is the total number of unit shares in share components of access licences, excluding supplementary water access licences, nominating water supply works in that section multiplied by 1 megalitre, and

(b)
"B" is the total number of megalitres in share components of access licences nominating water supply works in that section.

(8) Until extraction components for access licences in Duck Creek have been amended under clause 46, any dealing that would result in A + B exceeding 5,000 megalitres shall be prohibited, where:

(a)
"A" is the total number of unit shares in share components of access licences, excluding supplementary water access licences, nominating water supply works in Duck Creek multiplied by 1 megalitre, and

(b)
"B" is the total number of megalitres in share components of access licences nominating water supply works in Duck Creek.

(9) Until extraction components for access licences in Bulgeraga Creek have been amended under clause 46, any dealing that would result in A + B exceeding 33,000 megalitres shall be prohibited, where:

(a)
"A" is the total number of unit shares in share components of access licences, excluding supplementary water access licences, nominating water supply works in Bulgeraga Creek multiplied by 1 megalitre, and

(b)
"B" is the total number of megalitres in share components of access licences nominating water supply works in Bulgeraga Creek.

(10) Any dealing that would result in an increase in the total share component of regulated river (high security) access licence nominating water supply works upstream of Burrendong Dam water storage shall be prohibited if it is assessed by the Minister that the assignment would significantly impact on the reliability of supply to regulated river (general security) access licences in that section of this water source.

(11) Assignment of water allocations from a supplementary water access licence water allocation account to an access licence of any other access licence category shall be prohibited.

(12) Assignment of water allocations to a supplementary water access licence water allocation account from an access licence of any other access licence category shall be prohibited.

(13) On application of the access licence holder, the Minister may cancel a domestic and stock access licence and issue a domestic and stock (domestic only) access licence and a domestic and stock access licence subject to:

(a) the sum of the share component volumes of the two new access licences being equal to the share component volume of the cancelled access licence, and

(b) the share component volume of the new domestic and stock (domestic only) access licence being able to meet the needs of domestic consumption as defined in section 52 of the Act.

(14) On application of the access licence holder, the Minister may cancel a domestic and stock (stock only) access licence and issue a regulated river (high security) access licence. The number of unit shares in the regulated river (high security) access licence share component shall be equal to the number of megalitres per year in the share component of the cancelled domestic and stock (stock only) access licence.