(1) This Part applies to:(a) each part of the State or each water source, and(b) each category or subcategory of access licence that relates to that part of the State or that water source,that is declared by proclamation to be a part of the State or water source, and category or subcategory of access licence, to which this Part applies.Editorial note. For declarations proclaimed under this subsection see Gazettes No 110 of 1.7.2004, p 5004; No 120 of 29.9.2006, p 8440; No 127 of 27.10.2006, pp 8906, 8907; No 83 of 29.6.2007, p 3967; No 11 of 31.1.2008, p 213; No 76 of 27.6.2008, p 5871; No 93 of 26.6.2009, p 3581 and No 109 of 31.7.2009, p 4665, and proclamations published on the NSW legislation website: 2010 (342) LW 1.7.2010; 2010 (739) LW 17.12.2010; 2011 (152) LW 3.3.2011; 2011 (153) LW 3.3.2011; 2011 (521) LW 30.9.2011; 2011 (576) LW 11.11.2011; 2011 (677) LW 16.12.2011; 2012 (28) LW 27.1.2012; 2012 (135) LW 30.3.2012; 2012 (231) LW 1.6.2012; 2012 (352) LW 3.8.2012; 2012 (464) LW 14.9.2012 and 2012 (496) LW 4.10.2012.(2) Despite subsection (1), specified provisions of this Part may be declared by proclamation to apply to the whole of the State, and apply accordingly.Editorial note. See Gazette No 263 of 20.12.2002, p 10752 for proclamation applying section 71L (renumbered as section 71Z) to the whole of the State on and from 20 December 2002.
(1) An access licence entitles its holder:(a) to specified shares in the available water within a specified water management area or from a specified water source (the share component), and(b) to take water:(i) at specified times, at specified rates or in specified circumstances, or in any combination of these, and(ii) in specified areas or from specified locations,(the extraction component).(2) Without limiting subsection (1) (a), the share component of an access licence may be expressed:(a) as a specified maximum volume over a specified period, or(b) as a specified proportion of the available water, or(c) as a specified proportion of the storage capacity of a specified dam or other storage work and a specified proportion of the inflow to that dam or work, or(d) as a specified number of units.(3) Shares in available water may be assigned generally or to specified categories of access licence.(4) In the case of a local water utility licence, its share component is to be expressed as a specified volume per year.(4A) Without limiting subsection (1) (b), the extraction component of an access licence may authorise the taking of water from a water source specified in the share component of the licence and from another water source not so specified if those water sources are vertically abutting (either wholly or partly) water sources.(4B) In the circumstances referred to in subsection (4A), the water source specified in the share component of the access licence is to be the water source that is the main source for the extraction of water by the holder of the licence.(5) For the purposes of this Act, an access licence may also be referred to as a water access licence or a WAL.(6) (Repealed)Note. An access licence:(a) does not confer a right on any person to use water for any particular purpose (that right is conferred by a water use approval), and(b) does not confer a right on any person to construct or use a water supply work (that right is conferred by a water supply work approval).
(1) There are the following categories of access licences:(a) regulated river (high security) access licences,(b) regulated river (general security) access licences,(c) regulated river (conveyance) access licences,(d) unregulated river access licences,(e) aquifer access licences,(f) estuarine water access licences,(g) coastal water access licences,(h) supplementary water access licences,(i) major utility access licences,(j) local water utility access licences,(k) domestic and stock access licences,(l) such other categories of access licence as may be prescribed by the regulations.(2) Subcategories of any category of access licence may be prescribed by the regulations.
58 Priorities between different categories of licence
(1) For the purposes of this Act, the following priorities are to be observed in relation to access licences:(a) local water utility access licences, major utility access licences and domestic and stock access licences have priority over all other access licences,(b) regulated river (high security) access licences have priority over all other access licences (other than those referred to in paragraph (a)),(c) access licences (other than those referred to in paragraphs (a), (b) and (d)) have priority between themselves as prescribed by the regulations,(d) supplementary water access licences have priority below all other licences.(2) If one access licence (the higher priority licence) has priority over another access licence (the lower priority licence), then if the water allocations under them have to be diminished, the water allocations of the higher priority licence are to be diminished at a lesser rate than the water allocations of the lower priority licence.(3) In relation to the water management area or water source to which it applies, a management plan may provide for different rules of priority to those established by subsection (1).(4) If a management plan so provides for different rules of priority, those different rules are taken to have been established by this section.
59 Available water determinations
(1) From time to time, the Minister may, by order in writing, make either or both of the following determinations (an available water determination):(a) a determination as to the availability of water for one or more categories or subcategories of access licences in relation to one or more specified water management areas or water sources,(b) while an order is in force under section 49A (1), a determination as to the availability of water for one or more individual access licences in relation to one or more specified water management areas or water sources.(1A) An available water determination that is made in relation to a particular category of access licence applies to all subcategories of that category except to the extent to which it otherwise provides.(2) The regulations may make provision for or with respect to the manner in which an available water determination is to be notified.(3) If the extraction component of an access licence authorises the taking of water from a water source specified in the share component of the licence and from another water source not so specified and those water sources are vertically abutting (either wholly or partly) water sources, the available water determinations that apply to the licence are those made in relation to the water source specified in the share component of the licence.(4) If the Minister consents to the amendment of an access licence to enable water to be taken by a nominated water supply work located in some other water management area or water source than that to which the licence relates, the available water determinations applicable to water taken by means of the work are those made in relation to the relevant category or subcategory of access licence in relation to that other water management area or water source.
60 Rules of distribution applicable to making of available water determinations
(1) Except while an order under section 49A is in force, the following rules of distribution apply to the making of an available water determination of a type referred to in section 59 (1) (a):(a) the rules of priority established by section 58,(b) the provisions of any relevant bulk access regime,(c) the provisions of any relevant management plan,(d) the provisions of any relevant implementation program.(2) (Repealed)(3) While an order under section 49A is in force, the following rules of distribution apply to the making of an available water determination:(a) first priority is to be given to:(i) the taking of water for domestic purposes by persons exercising basic landholder rights, and(ii) the taking of water for domestic purposes or essential town services authorised by an access licence,(b) second priority is to be given to the needs of the environment,(c) third priority is to be given to:(i) the taking of water for stock purposes by persons exercising basic landholder rights, and(ii) in the case of regulated rivers, the taking of water for purposes (other than domestic purposes) authorised by a regulated river (high security) access licence, and(iii) the taking of water for the purposes of supply of commercial and industrial activities authorised by a major utility access licence or local water utility access licence, subject to the water made available being in accordance with any drought management strategy established by the Minister for that purpose, and(iv) the taking of water for the purposes of electricity generation authorised by a major utility access licence, and(v) the taking of water for purposes authorised by a domestic and stock access licence or by persons exercising any other water rights in relation to stock, and(vi) the taking of water for purposes authorised by a conveyance access licence in connection with the supply of water for any other purpose or need referred to in this paragraph,(d) fourth priority is to be given to the taking of water for purposes authorised by any other category or subcategory of access licence.(4) Nothing in this section gives rise to a claim for compensation under Division 9.