Water Sharing Plan for the Greater Metropolitan Region Unregulated River Water Sources 2011
Current version for 11 April 2014 to date (accessed 20 December 2014 at 02:48)
Part 7

Part 7 Limits to the availability of water

Division 1 Long-term average annual extraction limit

40   General

The availability of water for extraction in these water sources on a long-term basis is to be managed in accordance with this Part.

41   Volume of the long-term average annual extraction limits

(1)  This clause establishes long-term average annual extraction limits by reference to the EMUs specified in clause 6.
(2)  For each extraction management unit, the following separate long-term average annual extraction limits are established:
(a)  a long-term average annual extraction limit for basic landholder rights and access licences excluding major utility access licences held by the Sydney Catchment Authority, and
(b)  a long-term average annual extraction limit for major utility access licences held by the Sydney Catchment Authority.
(3)  Subject to any variation under subclauses (6) and (7), the long-term average annual extraction limit established under subclause (2) (a) for the Shoalhaven River Extraction Management Unit, the Illawarra Rivers Extraction Management Unit, the Southern Sydney Rivers Extraction Management Unit and the Northern Sydney Rivers Extraction Management Unit is the sum of:
(a)  the share components of all access licences in the respective extraction management unit at the commencement of this Plan, excluding major utility access licences held by the Sydney Catchment Authority, plus
(b)  the annual water requirements pursuant to domestic and stock rights and native title rights in the respective extraction management unit at the commencement of this Plan, plus
(c)  the share components of access licences granted in the respective extraction management unit under the Water Management (General) Regulation 2011 that authorise the taking of water from a water source which includes a tidal pool for which no entitlement was required under the Water Act 1912.
Note. The Water Management (General) Regulation 2011 will provide for the creation of new access licences that authorise the taking of tidal pool water from water sources in the EMUs listed in subclause (3) (for which no entitlement has previously been required under the Water Act 1912).
(4)  Subject to any variation under subclauses (6) and (7), the long-term average annual extraction limit established under subclause (2) (a) for the Upper Nepean and Upstream Warragamba Extraction Management Unit and the Hawkesbury and Lower Nepean Rivers Extraction Management Unit is equal to:
(a)  the annual extraction of water averaged over the period from July 1993 to June 1999 under entitlements issued under Parts 2 and 9 of the Water Act 1912 in the respective extraction management unit, excluding entitlements held by the Sydney Catchment Authority that were replaced by major utility access licences on commencement of this Plan, plus
(b)  the annual water requirements pursuant to domestic and stock rights and native title rights in the respective extraction management unit at the commencement of this Plan, plus
(c)  the share components of access licences granted in the respective extraction management unit under the Water Management (General) Regulation 2011 that authorise the taking of water from a water source which includes a tidal pool for which no entitlement was required under the Water Act 1912.
Note. 

1   The Water Management (General) Regulation 2011 will provide for the creation of new access licences that authorise the taking of tidal pool water from water sources in the EMUs listed in subclause (4) and for which no entitlement has previously been required under the Water Act 1912.

2   (Repealed)

3   The Minister may amend the long-term average annual extraction limit for this EMU under Part 13 to account for growth in use by Sydney Water Corporation to a limit of 5% of Sydney Water Corporation’s average annual usage, estimated to be 374 ML at the commencement of this Plan.

(5)  Subject to any variation under subclause (6), the long-term average annual extraction limit established under subclause (2) (b) in:
(a)  the Shoalhaven River Extraction Management Unit is equal to 36,000 ML/year,
(b)  the Illawarra Rivers Extraction Management Unit is equal to 0 ML/year,
(c)  the Upper Nepean and Upstream Warragamba Extraction Management Unit is equal to 581,000 ML/year,
(d)  the Hawkesbury and Lower Nepean Rivers Extraction Management Unit is equal to 6,000 ML/year,
(e)  the Southern Sydney Rivers Extraction Management Unit is equal to 13,000 ML/year, and
(f)  the Northern Sydney Rivers Extraction Management Unit is equal to 0 ML/year.
(6)  Following the surrender under section 77 of the Act and then the cancellation under section 77A (6) of the Act of an access licence in these water sources, the Minister may vary the respective long-term average annual extraction limit in the affected extraction management unit.
(7)  The long-term average annual extraction limit established under subclause (2) (a) for the Shoalhaven River Extraction Management Unit, the Upper Nepean and Upstream Warragamba Extraction Management Unit and the Hawkesbury and Lower Nepean Rivers Extraction Management Unit may be varied upon the conversion of an access licence in the respective extraction management unit from an unregulated river access licence to an unregulated river (high flow) access licence.
(8)  Any variation made under subclause (7) will result in the long-term average annual extraction limit being reduced by the amount of the cancelled share component of the unregulated river access licence and increased by the amount of the share component of the granted unregulated river (high flow) access licence.
Note. Targeted consultation and notification regarding any amendment to the long-term average annual extraction limit will be undertaken as determined by the Minister.

42   Calculation of current levels of annual extraction

(1)  After each water year, the total volume of water extracted during that water year under access licences and pursuant to basic landholder rights, excluding major utility access licences held by the Sydney Catchment Authority, must be calculated for each extraction management unit specified in clause 6 in accordance with subclause (2).
(2)  For the purpose of calculating the total volume of water extracted during a water year under subclause (1), the following must be taken into account:
(a)  all water taken by holders of all categories of access licence in the extraction management unit,
(b)  all water taken pursuant to basic landholder rights, and
(c)  water allocations assigned from an access licence that is not a major utility access licence held by the Sydney Catchment Authority in the extraction management unit to a major utility access licence held by the Sydney Catchment Authority in the extraction management unit under section 71T of the Act.
(3)  After each water year the total volume of water extracted during that water year under major utility access licences held by the Sydney Catchment Authority must be calculated for each extraction management unit specified in clause 6 in accordance with subclause (4).
(4)  For the purposes of calculating the total volume of water extracted during a water year under subclause (3), the following must be taken into account:
(a)  all water taken under major utility access licences held by the Sydney Catchment Authority in the extraction management unit, and
(b)  water allocations assigned to a major utility access licence that is not held by the Sydney Catchment Authority in the extraction management unit from a major utility access licence held by the Sydney Catchment Authority in the extraction management unit under section 71T of the Act.

43   Assessment of average annual extraction against the long-term average annual extraction limit

(1)  An assessment of average annual extractions against:
(a)  the long-term average annual extraction limit established under clause 41 (2) (a) is to be conducted for each extraction management unit as set out in subclause (2), and
(b)  the long-term average annual extraction limit established under subclause 41 (2) (b) is to be conducted for each extraction management unit as set out in subclause (3).
(2)  For each extraction management unit, commencing in the sixth water year in which this Plan has effect, the assessments referred to in subclause (1) (a) must compare the long-term average annual extraction limit established in clause 41 (2) (a) against the annual extraction calculated under clause 42 (1) averaged over the preceding five water years.
(3)  For each extraction management unit, commencing in the tenth water year in which this Plan has effect, the assessments referred to in subclause (1) (b) are to compare the long-term average annual extraction limit established in clause 41 (2) (b) against the annual extraction calculated in clause 42 (3) averaged over the preceding ten water years (including years prior to the commencement of this Plan) in the respective extraction management unit.

44   Compliance with the long-term average annual extraction limits

(1)  Compliance with the long-term average annual extraction limits established for each extraction management unit specified in clause 6 of this Plan is to be managed in accordance with this clause.
(2)  Commencing in the sixth water year in which this Plan has effect, if in the Minister’s opinion the assessment under clause 43 (1) (a) demonstrates that annual extractions in the respective extraction management unit averaged over the preceding five water years has exceeded the long-term average annual extraction limit established under clause 41 (2) (a) for that extraction management unit by 5% or more, then the available water determination for unregulated river access licences and unregulated river (high flow) access licences in that extraction management unit are to be reduced in the following water year in accordance with subclause (3).
(3)  The reduction under subclause (2) is to be of an amount that is, in the Minister’s opinion, necessary to return average annual extractions in the respective extraction management unit to the long-term average annual extraction limit established in this Part.
(4)  Commencing in the tenth water year in which this Plan has effect, if in the Minister’s opinion the assessment under clause 43 (1) (b) demonstrates that annual extractions in the respective extraction management unit averaged over the preceding ten water years (including years prior to the commencement of this Plan) has exceeded the long-term average annual extraction limit established under clause 41 (2) (b) for that extraction management unit, then a review is to be undertaken by the Minister which considers:
(a)  the Sydney Catchment Authority’s urban water supply requirements, and
(b)  the impacts associated with an increase in the respective long-term average annual extraction limit.

Division 2 Available water determinations

45   General

(1)  Available water determinations for access licences with a share component that specifies one of these water sources are to be expressed as either:
(a)  a percentage of share component for access licences which have share components specified as megalitres per year, or
(b)  megalitres per unit share for access licences which have share components specified as a number of unit shares.
(2)  Subject to subclause (3), the sum of available water determinations made for any access licence with a share component that specifies one of these water sources must not, in any water year, exceed:
(a)  100% of the access licence share component or such lower amount that results from Division 1 of this Part, for all access licences where share components are specified as megalitres per year, or
(b)  1 megalitre per unit share of the access licence share component or such lower amount that results from Division 1 of this Part, for all access licences where share components are specified as a number of unit shares.
(3)  For the first water year of this Plan, subclause (2) does not apply to domestic and stock access licences, local water utility access licences, unregulated river access licences and unregulated river (high flow) access licences with a share component that specifies one of these water sources.

46   Available water determinations for domestic and stock access licences

(1)  In making available water determinations under section 59 of the Act for domestic and stock access licences, the Minister should consider the rules in this clause.
(2)  At the commencement of this Plan, an available water determination of 200% of the access licence share component should be made for domestic and stock access licences with a share component that specifies one of these water sources.
(3)  At the commencement of each water year after the first water year in which this Plan has effect, an available water determination of 100% of the access licence share component should be made for domestic and stock access licences with a share component that specifies one of these water sources.

47   Available water determinations for local water utility access licences

(1)  In making available water determinations under section 59 of the Act for local water utility access licences, the Minister should consider the rules in this clause.
(2)  At the commencement of this Plan, an available water determination of 200% of the access licence share component should be made for local water utility access licences with a share component that specifies one of these water sources.
(3)  At the commencement of each water year after the first water year in which this Plan has effect, an available water determination of 100% of the access licence share component should be made for local water utility access licences with a share component that specifies one of these water sources.

48   Available water determinations for major utility (subcategory “Urban water”) access licences

(1)  In making available water determinations under section 59 of the Act for major utility (subcategory “Urban water”) access licences, the Minister should consider the rules in this clause.
(2)  At the commencement of this Plan and at the commencement of each water year after the first water year in which this Plan has effect, an available water determination of 100% of the access licence share component should be made for major utility (subcategory “Urban water”) access licences with a share component that specifies one of these water sources.

49   Available water determinations for major utility (subcategory “Power generation”) access licences

(1)  In making available water determinations under section 59 of the Act for major utility (subcategory “Power generation”) access licences, the Minister should consider the rules in this clause.
(2)  At the commencement of this Plan and at the commencement of each water year after the first water year in which this Plan has effect, an available water determination of 100% of access licence share component should be made for major utility (subcategory “Power generation”) access licences with a share component that specifies the Shoalhaven River Water Source.
(3)  At the commencement of this Plan and at the commencement of each water year after the first water year in which this Plan has effect, an available water determination of 100% of access licence share component should be made for major utility (subcategory “Power generation”) access licences with a share component that specifies the Upper Nepean and Upstream Warragamba Water Source.

50   Available water determinations for unregulated river access licences

(1)  In making available water determinations under section 59 of the Act for unregulated river access licences, the Minister should consider the rules in this clause.
(2)  At the commencement of this Plan, an available water determination of 2 ML per unit of share component should be made for unregulated river access licences with a share component that specifies one of these water sources.
(3)  At the commencement of each water year after the first water year in which this Plan has effect, an available water determination of 1 ML per unit of share component, or such lower amount that results from Division 1 of this Part, should be made for unregulated river access licences with a share component that specifies one of these water sources.
Note. Where the long-term average annual extraction limit has been exceeded, then the available water determination for unregulated river access licences will be reduced in accordance with Division 1 of this Part.

51   Available water determinations for unregulated river (high flow) access licences

(1)  In making available water determinations under section 59 of the Act for unregulated river (high flow) access licences, the Minister should consider the rules in this clause.
(2)  At the commencement of this Plan, an available water determination of 2 ML per unit of share component should be made for unregulated river (high flow) access licences with a share component that specifies one of these water sources.
(3)  At the commencement of each water year after the first water year in which this Plan has effect, an available water determination of 1 ML per unit of share component, or such lower amount that results from Division 1 of this Part, should be made for unregulated river (high flow) access licences with a share component that specifies one of these water sources.
Note. Where the long-term average annual extraction limit has been exceeded, then the available water determination for unregulated river (high flow) access licences will be reduced in accordance with Division 1 of this Part.
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