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Water Management Act 2000 No 92
Current version for 1 July 2019 to date (accessed 16 October 2019 at 04:31)
Division 2 Water sharing
19 Application of Division
(1) This Division applies to the provisions of a management plan to the extent to which they deal with water sharing.(2) The water sharing provisions of a management plan may apply to the whole or any part of a water management area, or to the whole or any part of one or more water sources within a water management area.
20 Core provisions
(1) The water sharing provisions of a management plan for a water management area or water source must deal with the following matters:(a) the establishment of environmental water rules for the area or water source,(b) the identification of requirements for water within the area, or from the water source, to satisfy basic landholder rights,(c) the identification of requirements for water for extraction under access licences,(d) the establishment of access licence dealing rules for the area or water source,(e) the establishment of a bulk access regime for the extraction of water under access licences, having regard to the rules referred to in paragraphs (a) and (d) and the requirements referred to in paragraphs (b) and (c).(2) The bulk access regime referred to in subsection (1) (e):(a) must recognise and be consistent with any limits to the availability of water that are set (whether by the relevant management plan or otherwise) in relation to the water sources to which the regime relates, and(b) must establish rules according to which access licences are to be granted and managed and available water determinations to be made, and(c) must recognise the effect of climatic variability on the availability of water, and(d) may establish rules with respect to the priorities according to which water allocations are to be adjusted as a consequence of any reduction in the availability of water, and(e) may contain provisions with respect to the conditions that must (as mandatory conditions) be imposed on access licences under section 66 (1), including conditions providing for the variation, from time to time, of the share and extraction components of access licences, and(f) must be consistent with the water management principles.(3) The rules referred to in subsection (2) (d) must comply with the priorities established under section 58.(4) The access licence dealing rules established under subsection (1) (d):(a) must comply with the access licence dealing principles, and(b) must not deal with any matter for which the access licence dealing principles may make provision under section 71Z (2), and(c) subject to paragraph (b) and the access licence dealing principles, may regulate or prohibit any dealing under Division 4 of Part 2 of Chapter 3.
21 Additional provisions
The water sharing planning provisions of a management plan for a water management area or water source may also deal with the following matters:(a) the rates, times and circumstances under which water may be taken from any water source in the area, or the quantity of water that may be taken from any water source in the area or delivered through the area,(b) the kinds of water supply works that may be constructed and used in the area,(c) the operation of water accounts for the area or water source, such as the carrying over of credits from one accounting period to the next, the maximum credit that may be allowed to accumulate in any account and the withdrawal of water from any account by reason of evaporation or dam spill or in such other circumstances as may be prescribed by the regulations,(d) water sharing measures for the protection and enhancement of the quality of water in the water sources in the area or for the restoration or rehabilitation of water sources or their dependent ecosystems,(e) measures to give effect to the water management principles and the objects of this Act,(e1) measures, not inconsistent with this Act, that are necessary because of requirements arising under the Water Act 2007 of the Commonwealth,(f) such other matters as are prescribed by the regulations.