Access Licence Dealing Principles (NSW Border Rivers) Order 2019 (NSW)

Access Licence Dealing Principles (NSW Border Rivers) Order 2019

under the

Water Management Act 2000

I, Rachel Connell, by delegation from the Minister administering the Water Management Act 2000, in pursuance of section 71Z of the Water Management Act 2000, make the following Order.

Dated 26 June 2019

RACHEL CONNELL
Executive Director, Water
Department of Industry

By delegation

Explanatory note

This Order imposes a prohibition of the assignment of water allocations from regulated river (general security-A class) and regulated river (general security B-class) access licences to any other access licence in the NSW Border Rivers water source where those water allocations cannot be taken pursuant to the Temporary Water Restriction (NSW Border Rivers) Order 2019.

This Order is made under section 71Z of the Water Management Act 2000.

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Access Licence Dealing Principles (NSW Border Rivers) Order 2019

under the

Water Management Act 2000

1           Name of Order

This Order is the Access Licence Dealing Principles (NSW Border Rivers) Order 2019.

2           Commencement

This Order commences on the day on which it is published on the NSW legislation website.

3           Duration

This Order ceases to have effect on the expiry or repeal of the Temporary Water Restriction (NSW Border Rivers) Order 2019 as published in the NSW Government Gazette, whichever occurs first.

4           Dealings prohibited

This Order prohibits certain dealings as set out in Schedule 1.

5	Interpretation
(1)	In this Order:
regulated river (general security—A class) licence means a regulated river (general
security—A class) licence that permits the taking of water from the water source.
regulated river (general security—B class) licence means a regulated river (general
security—B class) licence that permits the taking of water from the water source.
section 324 order means the Temporary Water Restriction (NSW Border Rivers) Order 2019 as published in the NSW Government Gazette and amended from time to time.
water source means the Border Rivers Regulated River Water Source as described in the Water Sharing Plan for the NSW Border Rivers Regulated River Water Source 2009.
(2)	Unless otherwise defined, words and expressions that are defined in the Water Management Act 2000 or in regulations made under that Act have the same meaning in this Order.

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Schedule 1 Dealings prohibited

1           Prohibition on assignment of water allocations from regulated river (general security-A class) access licence where take is restricted

On and from 1 July 2019, an assignment of water allocations in accordance with section 71T of the Act is prohibited if:

(a) the proposed assignment of water allocations is from a regulated river (general

security—A class) access licence to any other access licence within the water source,

and

(b) the holder of the regulated river (general security-A class) access licence, from which the water allocations are proposed to be assigned, is restricted from taking those water allocations under the section 324 order.

2           Prohibition on assignment of water allocations from regulated river (general security- B class) access licence where take is restricted

On and from 1 July 2019, an assignment of water allocations in accordance with section 71T of the Act is prohibited if:

(a)	the proposed assignment of water allocations is from a regulated river (general security-B class) access licence to any other access licence within the water source, and
(b)	the holder of the regulated river (general security-B class) access licence, from which the water allocations are proposed to be assigned, is restricted from taking the water allocations under the section 324 order

3 Interaction with Access Licence Dealing Principles Order 2004

For the avoidance of doubt, this Order prevails to the extent of any inconsistency with the
Access Licence Dealing Principles Order 2004 or the access licence dealing rules.

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